Articles Posted in Elder Law

John Grisham, internationally recognized author known for writing captivating legal suspense and drama, released a slightly different type of book in 2013. While most of Grisham’s stories center on violent crimes and courtroom battles, Sycamore Row makes a stark departure into the world of probate law.

Sycamore Row begins with the suicide of a wealthy landowner, Seth Hubbard. He drafts a holographic will and instructions for a trusted employee to deliver it to a small town lawyer. Hubbard knows that his will undoubtedly is going to cause a stir and lead to a will contest by his children. After all, he left the majority of this estate to his African American caregiver. The story details the struggles and litigation of the will contest, which seeks to undo his last wishes.

Holographic Wills

When it comes to deciding how to spend one’s later years, institutional care is nobody’s first choice. However, there are times when family and professional home healthcare are just not enough. Beginning in 2003, a new concept has been sweeping across the country – The Greenhouse Project. These alternative living concepts are unique and offer the greatest possible autonomy for older adults who wish to age in place in a comfortable, home-like environment, while still maintaining high levels of skilled nursing care.

How are Greenhouses different?

Unlike traditional nursing homes, which can hardly be described as “homes,” these dynamic group homes allow groups of seniors to reside together in actual homes that are adapted to provide the required levels of care. In these homes, medical devices are inconspicuously hidden in cozy, discrete cabinets and whiteboards. Residents have separate rooms and share a common area and open kitchen concepts. At times, small pets are allowed. Employees are encouraged to participate in the house’s activities and some even reside with the residents.

When it comes to powers of attorney, there are two basic types: property and healthcare. The person selected to make decisions is called the agent, and the person granting the authority is called the principle. Property powers of attorney are designed to allow the agent authority to sign documents, open and close accounts, and make many other types of financial decisions for the agent. Healthcare powers of attorney are designed to allow the agent to make medical decisions for the principle. Elderly parents often choose to split these two major responsibilities between two or more of their adult children. While this may seem fair, there are a couple reasons why it may not always the best choice.

Power Struggles

Imagine one adult child, likely the one given healthcare decision-making powers, has very strong opinions about the type of healthcare that should be provided. For instance, perhaps this child wants the very best and most aggressive care available, regardless of cost. Now imagine that the other sibling holds the power of attorney for property and wishes to be as conservative as possible in order to preserve the inheritance and to ensure the money lasts for the parent’s entire lifetime.

In 2010, John Armstrong, a Mississippi man suffering from severe schizophrenia, delusions and paranoia, killed his mother, Joan Armstrong, by bludgeoning her repeatedly with a brick and stabbing her multiple times in the stomach and chest. Due to his severe mental illness the criminal court found him incompetent to stand trial, and instead he was placed in a psychiatric hospital for lifelong treatment.

What are Slayer Statutes?

Most U.S. states have some version of “Slayer Statute,” which precludes someone from inheriting from an estate if he or she caused the person’s death. Some states vary, however, in how they apply the rule. For instance, in some jurisdictions, the killing must be intentional or willful. In others, even negligent and reckless conduct that causes the death would preclude the person from receiving their inheritance. Texas does not have a slayer statute.

When a business owner passes away, there are inevitably additional concerns for the estate. For instance, should the business be closed, or should the business continue to be operated by surviving family members? How should the company’s assets be distributed among heirs? Experienced New York elder law attorneys can assist in making these difficult decisions and minimize the risk of problems like what occurred in recent Georgia case involving just this situation.

In a recent decision from the Georgia Supreme Court, James Myers, Sr. died, leaving his son, Anthony Myers, as his executor. Unfortunately, Anthony began using estate assets for personal gain, and soon his brother brought an action in the probate court to return the misappropriated funds and to remove Anthony as representative. The Supreme Court found that indeed Anthony had mishandled the estate. The following are some of the important lessons for executors.

The language of a company’s operating agreement or articles of organization control what should happen upon an owner’s death

With an aging population, more adult children are finding themselves faced with the difficult dilemma of caring for aging parents. In fact, the Centers for Disease Control estimate that nearly 34 million Americans provide caregiver services to someone over 18 who suffers from illness or disability. Roughly 83% are family members. This means there are approximately 28.2 million unpaid family caregivers providing these services to loved ones every year.

While caring for an elderly loved one can be a rewarding endeavor, it is not without its complications. This is especially true when it comes at the peak of one’s careers or perhaps while still raising minor children. Unfortunately, AARP only about 61% reach out to friends and family for help. But there is hope.

What is caregiver stress, and how do I recognize it?

A recent study at the University of Miami found that nearly 75% of all elder care service providers reported having members of the LGBT community as clients. Yet, less than 33% of these service providers had any type of specialized training geared towards the needs of seniors in this community. This study has prompted a new initiative in Florida called the “Protect Our Elders” campaign, aimed at addressing common problems that prevent elderly members of the LGBT community from seeking elder care.

Results of the Study

The University of Miami surveyed 48 facilities and agencies throughout southern Florida that provide some type of elder care services. This included hospitals, nursing homes, care facilities, churches, libraries, and more. Of those surveyed, 83% of the facilities and agencies said that not only would they be willing to offer LGBT training but that they also think that their employees would be interested.

As parents age, it can become harder for them to manage their own finances and accounts. Sometimes, the child needs to step in and help them with their financial needs, especially in cases where dementia or other cognitive impairments may be beginning to set in. Experts recommend the following tips if you find yourself in the position of needing to help manage your parents’ finances in addition to your own.

Find the Documents

The first thing to do when managing your parents’ finances is to find all of the important and necessary documents. Be sure to check all desk drawers, filing cabinets, and safety deposit boxes. You should look for all bank account and investment information, retirement accounts, insurance policies, and the titles and deeds to any significant property. You should also look for all medical records and expenses at this time, as it will most likely be a growing financial concern in the near future.

One of the most common hopes of retiring individuals is that they can move to the beach or go someplace abroad. A new study by the National Association of Real Estate Investment Trusts revealed that only a tiny percentage of seniors in their 60’s, around one percent per year, move. Most retirees remain in their own homes, but for those that do retire abroad there are certain considerations that must be made before the move.

Financial Concerns Retiring Abroad

Some of the most common locations for retirees to move to oversees today include Ecuador, Thailand, and Portugal. However, many are unaware of the Financial Crimes Enforcement Network Report 114. Otherwise known as an F-Bar, this document is required for any retiree that has a bank account overseas that contains a balance above $10,000. Failure to submit an F-Bar results in severe penalties, such as fines up to $100,000 or fifty percent of the balance of the account.