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Category: Advice

5 Signs of Elder Abuse to Watch For

When you put your elderly loved one in the care of a facility, you expect them to be looked after. But one in 10 people aged 60 and over in the U.S. has experienced some type of elder abuse, according to the National Council on Aging. You can help your loved one by paying attention to the following five telltale signs.

1. Becoming Unusually Quiet

During visits with your elderly loved one, do they become unusually quiet when a caregiver enters the room? Often, an elderly person will react instinctively when they are afraid of someone. This may include suddenly stopping in the middle of a sentence, or refusing to answer your questions when an abusive caregiver is present. When that person has left, your loved one may become their usual chatty self.

2. Unwarranted Anger

Often, the elderly will lay blame for abuse on their loved one’s shoulders, especially if they feel that it’s this person’s “fault” they are there in the first place. If you sense unwarranted hostility during visits, don’t assume it’s just because of old age or senility. It could be that they are reacting to feelings of anger and frustration over being treated poorly by those who are supposed to be caring for them.

3. Sudden Decline in Health

Elder abuse doesn’t always take the form of physical or verbal abuse. It can also come in a more passive form of withholding care. This sometimes means that an elderly person isn’t given their medications or isn’t given them on the correct schedule. If you notice a sudden or progressive decline in health, don’t accept it at face value. It could be that their doctor’s orders aren’t being followed. Any deterioration in health should be followed up with a visit to your elderly loved one’s personal physician—not just the care facility’s doctor. An independent assessment by a doctor who is not associated with the care facility can determine whether a lack of care and/or medication might be the cause.

4. Uncleanliness in the Room

When you visit, pay attention to the condition of the room and the things that your loved one uses. Are the sheets and pillowcases clean? Is there clean water within reach? Is the room tidy? Is the toilet clean? If the care facility isn’t taking care of the physical room, it’s likely that they aren’t taking care of your loved one, either.

5. Lack of Eye Contact

When elder abuse is happening in a care facility, human nature often means that the staff will be hesitant to make eye contact with visiting relatives. It’s the inside guilt that makes this phenomenon happen. A lack of eye contact can mean nothing, or it can mean that they have something to hide.

When trying to determine if elder abuse is happening, consider a group of signs, not just one. One sign might just be an oversight, but if you notice multiple signs, it’s worth consulting with an elder law attorney to determine the best steps to take. Contact Beasley & Ferber for help.

How to Approach End-of-Life Care Discussions

Talking to a loved one about end-of-life care is one of the hardest discussions to have. Whether it’s your elderly parents, an older relative, or someone else dear to your heart, it can feel cold and callous to broach the subject of the end of their life. Ironically, it’s because you love them so much that you need and want to have the talk in the first place. Your elderly law attorneys at Beasley & Ferber have these tips to help you with this arduous task.

Choose Your Time and Setting

Choose an appropriate time and setting that supports both you and your elderly loved one’s needs and privacy. Avoid bringing up the topic at breakfast or too close to bedtime, when people might be tired. Choose a quiet place, away from the public eye. Avoid having it in a restaurant or in a doctor’s lobby, for instance.

Be Patient

Don’t be surprised if your loved one resists the talk the first time you bring it up. Some people just need more time to process actually saying things like this “out loud.” Be patient and don’t push. When you see them next, you might just ask, “Have you given any more thought to our conversation about care last week?” or something similar.

Consider Who Should be Part of the Discussion

Don’t feel that you need to have this discussion all by yourself. Consider inviting siblings or a trusted family member. Only do so with the permission of your elderly loved one, however.

Don’t be Condescending

Everyone passes away, and it’s almost guaranteed that, as awkward as it may feel to broach the topic, your elderly loved one has already thought about their own passing. Avoid using placating words or a tone that sounds like you’re talking to a child. Approach it like two adults having an important conversation about life events.

Start With Yourself

Many people find that it’s quite helpful to start the conversation by mentioning what you would want to happen when you yourself become elderly. Then it’s a natural step to ask your loved one if they have thought about end-of-life care. From there, you can suggest writing things down on a notepad and making some preliminary plans.

Keep Things Light

It’s natural that this discussion will feel heavy and dark. But feel free to add some levity if it feels appropriate. Depending upon your relationship, some smiles might help to keep things from becoming too maudlin.

Have Some Ideas in Mind

It’s helpful to gather some information ahead of time so you can help to guide the discussion. This is good for—not forcing a set of circumstances—but assuring your elderly loved ones that they are in capable hands. One very helpful suggestion that you can make is to take your notes to an experienced elderly law attorney who knows how to help with all things associated with end-of-life care, such as Beasley & Ferber.

Contact Beasley & Ferber

After you’ve had your thoughtful discussion with your loved one, make an appointment with Beasley & Ferber. We are here to help with all things related to elder law, including end-of-life care plans.

How to Prevent Financial Elder Abuse

The Elder Financial Protection Organization (EFPO) reports that financial abuse is the “largest form of elder abuse, and it is growing.” The short definition of elder financial abuse is “Misappropriation of an older person’s money or property.”

Sadly, the most frequent perpetrators are those the elder one trusts, such as caregivers, friends, and family members. If you are concerned about a loved one being financially abused, there are some signs to watch for.

Signs Someone You Love is Being Financially Abused by a Relative or Caregiver

Some signs that your loved one is being financially abused include:

  • A relative has moved in with your loved one to “help out.” You then notice the loved one is becoming isolated and interactions with other loved ones are being limited.
  • The relative who is “helping out” has quit their job, bought a new car, or any other sign that there has been a change in lifestyle or that the person is spending more money than they did in the past.
  • When the “helper” allows you to visit, your loved one is withdrawn and may appear unkempt. You sense that the basic life necessities are not being provided for.
  • Routine bills, like rent, mortgage, and utility bills, are not being paid for even though you know your loved one has the funds to pay them.

A “do-gooder” may offer to go to the grocery store for the elderly person who doesn’t notice that the grocery bill was much higher than it should be for the items that were requested.

If the do-gooder helps pay bills or stops at the bank to cash a check, when the elderly person is checking the bank statement later, they may just say to themselves that they are getting forgetful since they don’t remember withdrawing that much money.

How to Protect Yourself from Financial Abuse

You can take some specific steps you can take to prevent yourself from becoming a victim of financial abuse. Some examples are:

  • Have direct deposit for all your benefit checks. If you send someone to deposit your checks, it gives them the opportunity to get cash back without you even being aware of it.
  • Have your bank automatically pay your routine bills.
  • Do not allow one family member to isolate you from other family members and friends.
  • Open your own mail.
  • Have your own attorney draw up a power of attorney so you can designate someone you know you can trust to deal with your finances when you are unable to deal with them yourself. Review the document periodically to be sure it still reflects your wishes.
  • Do not sign any document presented to you by anyone without carefully reviewing it and asking for independent advice.

Contact Us for Assistance with Elder Financial Abuse

If you or someone you care about has been the victim of elder financial abuse, contact us at Beasley & Ferber. We provide the best available resources to protect our clients from abuse and to help them prepare for their financial future. You may contact us online or call us at 800-370-5010.

3 Benefits of Working with an Elder Law Attorney

Elder law is a specific specialty of law that pertains to aging and the needs of seniors and their loved ones. As elders age, their ability to take care of themselves and their financial affairs is often greatly diminished. A lawyer who specializes in elder law in New Hampshire can assist the family with managing the issues associated with a senior who has a reduced capacity to cope with certain issues.

1. Clarification of Medicare and Medicaid Issues

Medicare is available to seniors aged 65 and older. When Medicare coverage commences, seniors are eligible for certain health benefits and discounts in addition to any regular health insurance they may have, or in some cases, in replacement of such health insurance benefits. However, the applications and claims process can be confusing for seniors and others, and this is where an elder law attorney can help.

If you’re wondering about what Medicaid is and if your loved one might be eligible for coverage, you’re not alone. Medicaid is available for certain low-income seniors and others who qualify. As with Medicare, Medicaid can be a complex and confusing system even for young people to figure out. Even the Medicaid phone number isn’t always easy to find. A New Hampshire elder law attorney will be able to help with the Medicaid forms, including the original application form to see if the senior qualifies.

2. Insight Into Nursing Home or Assisted Living Relocation

At some point, you may want to relocate your loved one to a nursing home or an assisted living facility. Facilities like these specialize in elder care and the specific needs of seniors. Nursing homes vary considerably, and you want to be sure that your senior loved will have the attention they need from staff and other residents. Elder law attorneys often help facilitate such transitions, and may be able to offer you experienced insight into how to choose the best facility for your elder loved one.

3. Estate Planning Services

One of the specialties of an elder law attorney is estate planning services. Remember, any real or cash assets can comprise an estate. It doesn’t matter if there is a large fortune involved, or a small property; an elder law attorney can help to organize the estate so that taxes are minimized and so that everyone involved is protected, including your senior loved one. Your elder law attorney can draw up living wills, trusts and any other documentation that is needed to ensure that your loved one’s wishes are respected and carried out. Finally, bear in mind that estate planning should not be kept to the last minute. The earlier the process is begun, the more time for consideration you and your loved one will have.

These are just a handful of the many benefits that an elder law attorney offers. Contact your New Hampshire elder law attorney to learn more about the ways that you and your elder loved one can get assistance with the legal and technical aspects of aging.

Contact Us for Assistance

This blog outlined just a handful of the many benefits that an elder law attorney offers. Contact Beasley & Febrer to learn more about the ways that you and your elder loved one can get assistance with the legal and technical aspects of aging.

8 Things to Consider When Searching for an Assisted Living Facility

There are several crucial factors to consider when searching for an assisted living facility for your loved one. Because assisted care facilities differ widely, review the following eight tips before making this important decision.

1. Determine What is Most Important for Your Family

Consider what gives your loved one a feeling of meaning and purpose. It’s critical for your loved one’s physical and mental health that they be able to pursue the things that keep them hopeful and positive about the future.

2. Take into Account Both Present and Future Needs

Certain illnesses that affect the elderly have symptoms that worsen over time. For example, your loved one may not require assistance in the restroom right now, but if their mobility concerns worsen, they will require more assistance in the future. You may have to relocate them to a different facility later on unless you anticipate possible future needs as well as present requirements. This would cause unneeded disturbance in their life.

3. Make Certain the Assisted Living Facility is Financially Stable

Assisted living facilities are conducted just like a business. They, like any other business, have financial obligations, budgets, and costs. If the facility is not stable financially, it may be unable to offer the high-quality care you’ve grown to anticipate. Worse, it may have to shut down, which would mean a lot of disruption in your loved one’s life.

4. Check References

Most reputable assisted living facilities will offer a list of former caregiver references, as well as a few from current residents. If your facility does not have a list of references or recommendations, request one, and then make sure to follow through on checking the references.

5. Inquire About Getting on a Waiting List

The nicer an assisted living facility is, the longer the waiting list will be. When you visit the facility and decide to place it on your shortlist, request that your name be immediately added to the waiting list. You can always pass on the opportunity if you subsequently decide to use a different facility.

6. Visit Multiple Times Before Making a Decision

One unannounced visit, preferably when you initially indicate interest, one daytime visit, and one nocturnal visit should be included in your visits. This will provide you with a thorough understanding of what it’s like to visit and live in the area.

7. Consult with the Locals

Existing residents are the most genuine source of factual information regarding life in the facility. While formal interviews with residents are unlikely, informal chats with residents can be used to gauge their degree of satisfaction with the institution.

8. Consult an Elder Law Attorney Before Signing Anything

The way various situations are addressed in assisted living facilities varies substantially, as do the resident and family member’s needs. Before you sign anything, sit down with an elder law attorney in New Hampshire and go through all of the documentation with them so you know precisely what you’re signing.

Work with Us

Your success with an assisted living facility is partly determined by how effectively you conduct preliminary research. These eight considerations should help you cover all of the bases before finalizing your strategy. Contact us to schedule an appointment where we can review your options, strategy, and estate plans.

Lifelong Money Management for Children with Special Needs

As difficult as it can be to care for a child with special needs, planning for their care after you have passed away can be even more daunting. In addition to ensuring that they have the proper housing, medical attention, and personal assistance, it is essential to ensure that you have the right money management framework in place.

Funding for the Future of a Special Needs Dependent

For parents of children with special needs, targeted and thorough estate planning is even more important than it is for others. To support ongoing money management for your child, you will likely want to go beyond a standard will to establish a trust.

A trust is a legal agreement that can guarantee specific rights to earmarked assets to support your offspring in the event of your death. Trusts specify one party, a trustee, who holds legal title to these assets, managing them to benefit another party, the beneficiary.

Trusts can make optimum tools when it comes to providing for a child with special needs. By leaving your child in the hands of a trusted and capable money manager, you can rest easy in this life and the next.

A designated life insurance policy is generally the easiest and least expensive way to fund a trust. Furthermore, you can construct this life insurance policy so you will know precisely what will be leftover from your estate to provide a nest egg for your child.

Establishing a Special Needs Trust

If your child receives Social Security Disability, Medicare, Medicaid, Supplemental Security Income, SNAP food assistance, or other government benefits, you will probably want to create a particular type of trust called a special needs trust. This financial tool shields its assets, giving your child the financial resources to meet ongoing and future expenses without an interruption in access to stipulated government benefits. In short, a special needs trust won’t interfere with eligibility for most federal and state assistance programs.

When it comes to establishing a special needs trust, the first and most important step is choosing a trustee who will faithfully administer it with the best interests of your dependent at heart. In addition to following all stipulated guidelines exactly as you have written them, this trustee must adhere to all relevant state and federal legal requirements.

The key to a special needs trust lies in the fact that all assets are owned by the trust itself rather than its beneficiary. This places assets under the capable management of your chosen trustee while allowing your child to collect the government benefits that he or she deserves.

To Learn More

For more information about money management for children with special needs, supplemental needs trusts, and estate planning in general, contact the disability law experts at Beasley & Ferber. A law firm representative is eager to answer your questions or direct you to a seminar that covers these specific subjects among others.

What Happens if You Pass Without a Will?

If you die without a will in New Hampshire, the state considers you to have died “intestate” and state law determines how your assets will be distributed. Even if there is strong evidence that you had the intent to leave certain assets to certain people, if you do not leave a will with specific instructions, state law controls who your heirs are.

There are assets that pass to heirs and beneficiaries that are not included in a will even if you leave one. The remaining assets pass according to the state law of intestate succession.

Assets That Pass Outside of a Will

Some examples of assets that pass to beneficiaries whether you leave a will or do not leave a will include:

  • Life insurance proceeds go directly to the named beneficiary or beneficiaries.
  • Payable on death bank accounts.
  • Property that you have placed in a living trust
  • Property owned in joint tenancy with someone else.
  • Funds in retirement accounts that are payable to beneficiaries.

New Hampshire Intestate Succession Laws

New Hampshire intestate succession laws are somewhat complicated. Who gets your assets depends on whether you have a living spouse, children, and descendants with that spouse, or children and descendants from other relationships.

Some examples of state law are:

  • If you have no surviving spouse but you do have children, all your assets will be divided among your children. This includes any children who you legally adopted.
  • If you leave a spouse but no descendants and no surviving parents, your spouse inherits everything.
  • If you leave a spouse with whom you have descendants, and the spouse has descendants from another relationship, the spouse and the descendants of you and your spouse share in a portion of your estate in percentages established by the state. The descendants of your spouse from another relationship do not inherit from your estate.
  • If you leave a spouse and you have descendants from another relationship other than with your surviving spouse, your spouse and your descendants share in the inheritance.
  • If you leave a spouse, no descendants, but you have surviving parents, your spouse and parents share in your estate.
  • You leave your parents, no spouse, and no descendants, your estate goes to your parents.
  • You leave siblings but no descendants, no spouse, and no parents, your siblings inherit all of your assets.
  • If you die with no heirs, your assets will belong to the state.

There are more issues to consider, such as how your half-siblings inherit, how children conceived before you die but born afterward inherit, and how those relatives inherit whose immigration status is in question.

Contact Us for Assistance with your Estate Planning

Intestate succession does not have to happen to your heirs. Take control and contact us at Beasley & Ferber. We are here to help you prepare your will and trusts so that your assets will be distributed according to your wishes and not according to the state of New Hampshire. Contact us to schedule an estate planning appointment.

How to Navigate Medicaid Crisis Planning

Medicaid is a program for people with a low income and few resources to help them pay for the cost of obtaining healthcare. Although the federal government oversees Medicaid, each state determines who qualifies for coverage and the types of treatment it will cover. Medicaid crisis planning is sometimes necessary when a family member needs to move into a long-term care facility with little notice. A stroke that leaves a loved one cognitively impaired and unable to care for themselves is just one example.

Medicaid Crisis Planning Can Help Clients Retain a Lifetime of Savings

Your spouse or parent worked hard all their life, paying their bills on time and putting money aside to leave for the next generation. Unfortunately, the high cost of long-term care means that it could be gone within weeks after moving into a nursing home. The elder law firm of Beasley & Ferber works with clients and their families to determine the best strategies to use to prevent them from losing their life savings.

Here are just some of the factors we consider before providing the family with legal advice:

  • Age and life expectancy of the person needing long-term care
  • The health condition that necessitates long-term care
  • Types of assets in their estate
  • Unique family circumstances, such as a person who needs care having gone through a divorce previously but has since remarried. The new spouse may have a conflict with the adult children over the best course of action for their loved one.

People who apply for Medicaid based on sudden health needs often receive a denial because their income, assets, or both are too high. If you transfer assets suddenly on behalf of your loved one, the government will learn about it during its five-year look-back period. However, certain types of transfers are legal and will not invite government scrutiny. These include:

  • Transferring to a spouse or another adult who manages the financial affairs of the spouse.
  • Establishing a trust for the benefit of a disabled individual under the age of 65.
  • A trust for the benefit of a blind or disabled biological or adopted child, regardless of age. These funds can also go to the benefactor directly.

Persons applying for emergency Medicaid can also transfer their home to someone else if the transaction meets each of the following criteria:

  • The person receiving the title to the home is a son or daughter who is at least 21 years old.
  • An adult child lived with a parent for at least two years before the parent needed nursing home care and provided direct care up to that point.
  • A sibling of the Medicaid applicant with equity in the home lived there for at least one year before the other sibling needed long-term care.

Although you can transfer assets in any of these situations to have your loved one qualify for emergency Medicaid, we recommend that you seek advice from our elder care law firm first. We will ensure the transaction you are considering is legal and offer additional recommendations to help your family at this challenging time. Contact us to schedule an appointment today.

How to Protect Your Inheritance When Adult Children Make Poor Decisions

Leaving an inheritance to your children and grandchildren is something that you feel proud of and have worked hard to achieve. You want the money to only go to them and for them to use it wisely.

At the estate planning law firm of Beasley & Ferber, we encourage clients to consider potential scenarios that could impact whether adult children or grandchildren receive the full inheritance and how they use it. Although no one can predict the future, your current observations should give you a good indication.

Could One of These Scenarios Happen in Your Family?

Receiving a large sum of money from your estate should be a positive thing. However, some people have problems in their lives that prevent them from handling the windfall well. We outline some common scenarios below.

Immature Spending Habits

Have you noticed that your son, daughter, or grandchild spends all their money immediately after receiving a paycheck and then cannot pay their bills? A habit like this is a sure sign of an impulse control problem and may indicate you should not leave this person a large sum of money to spend all at once. Family members who foolishly spend money on get-rich-quick schemes should also raise suspicions.

Drug Addiction

Few things are as heartbreaking for parents and grandparents as seeing someone they love struggle with addiction. You want to see them get help, but the person has to be ready to accept it. You also do not want to enable their habit by providing a large inheritance they will use to buy drugs. Just remember that no one can demand proceeds from your estate and you have every right to limit an inheritance or put stipulations on it.

Current Financial Struggles

Is your loved one facing bankruptcy, a lawsuit, an expensive divorce, or other serious financial problem? Any of these situations could cause their inheritance from you to disappear in a hurry and still leave them owing more. If you see no obvious signs of serious financial problems, you can still ask about it before leaving part of your estate to a certain relative.

Abusive Relationships

Maybe your adult child or grandchild is in a relationship with someone who has abused them or you just do not trust them. If they are married and divorce later, the abusive ex-partner could receive at least part of your inheritance. Current abusive partners could also keep the money from whom you intended to receive it by controlling their bank account.

You Always Have Options with Your Own Money

Your concerns are legitimate, and you can exercise various legal options to accommodate them. For example, you could assign a trustee to manage the inheritance of a beneficiary. The trustee controls when beneficiaries receive payments and how much they can take out with a single withdrawal. You can also establish contingencies for the money, such as that it only goes towards college tuition.

We understand these situations can be delicate and are here to help you navigate them. Please contact us to schedule an estate planning appointment and learn more.

Top Reasons to Review Your Estate Plan

Estate plans should not be set in stone, as a rule. Rather, they should be living, working documents that can be changed as needed. After all, life circumstances and events frequently shift and evolve over time, and this often necessitates changes to your estate plan as well.

We recommend reviewing your estate plan every three to five years, no matter what. In some cases, however, you may want to review it even sooner.

5 Reasons You Might Need to Review Your Estate Plan

1. Your finances have changed.

There are numerous circumstances in which your finances may have changed enough to necessitate altering your estate plan. For example, you’ll certainly want to review your plan if you retire or get a new job that significantly alters your income. The same goes for if you suddenly receive an inheritance or a notable raise at your current job.

Any significant change to your overall finances should necessitate a general review of your estate plan to ensure you’re maximizing your benefits.

2. You’ve moved states.

Different states have different laws regarding estate plans. Moreover, these laws are regularly updated, so it’s smart to keep abreast of them and make any necessary changes as needed. You’ll want to maximize the benefits available and minimize any unnecessary fees and charges.

3. You’d like to change your beneficiaries.

There are numerous reasons why you might want to change the beneficiaries listed in your estate plan.

Frequently, for example, new family members necessitate a change. Perhaps you’ve had a new child or grandchild. It’s also possible you’ve decided to include a close friend or an organization or charity that’s close to your heart.

Conversely, certain life changes may necessitate removing a person or persons from your estate plan. For example, if your child is recently divorced, most often, you’ll want to remove the name of their ex-husband or ex-wife from your list of beneficiaries.

4. Your marital status has changed.

If you’ve recently gotten a divorce, in all likelihood, you’ll want to remove the name of your ex from your estate plan or alter their benefits at the very least. Likewise, you’ll want to add a new spouse if you’ve recently gotten married.

If you’re not married but have a partner who you’d like to be listed as a beneficiary in your estate plan, this can be carried out as well.

5. Child beneficiaries have reached the age of 18.

Lastly, if you’ve listed children, grandchildren, or any other minors as beneficiaries in your estate plan, if they turn 18, you’ll want to review their benefits. Minors are often treated differently than adults when it comes to estate planning.

Need Help Establishing a Plan for Your Estate? Contact Beasley & Ferber Today

Whether you’re looking to establish a brand-new estate plan or modify one you’ve already created, our team at Beasley & Ferber can help.

Contact us to set up a consultation appointment and start discussing your legal estate planning options today. We look forward to hearing from you!

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