Legacy Planning Law Group
Weekly Blog

Estate & Elder Law

Protect Your Family. Preserve Your Legacy

If you’re interested in learning more about our process and the solution for you and your family, please book your free 15-minute call with us today!

Lady bird deed

What Is a ‘Lady Bird Deed’?

What Is a ‘Lady Bird Deed’?

I heard about something called a “Lady Bird deed” that could be useful if I need to apply for Medicaid. What exactly is it and why is it named that?

A “Lady Bird deed” (also known as an enhanced life estate deed) is a way to transfer property to someone else outside of probate while retaining a life estate in the property. But unlike a regular life estate, a Lady Bird deed gives you the power to retain control of the property during your life, including the right to use the property for profit or to sell the property.

Lady Bird deeds can be very beneficial if you want to pass your home to someone else but may need to apply for Medicaid soon thereafter. In order to qualify for Medicaid, an applicant cannot have transferred property within five years of the application. Because the deed allows you to retain control of the property, depending on the state it may not count as a transfer of assets for Medicaid eligibility purposes. In addition, these deeds can help avoid estate recovery.  After a Medicaid recipient dies, the state can make a claim for repayment of benefits from the recipient’s estate. Because property under a Lady Bird deed passes outside of probate, it won’t be subject to a claim for reimbursement in states that make claims only against probate property.

These deeds are not legal in most states, so you need to talk to an attorney to find out if you can use one in your state.

What about the deed’s name? According to Texas Tech professor Gerry W. Beyer,  the Florida lawyer who created this form of deed in the 1980s explained the concept by using the names of President Lyndon B. Johnson’s family, and the name stuck.

Read more related articles at:

How Lady Bird Deeds Protect a Medicaid Recipient’s Home for Their Loved Ones

What Is an Enhanced Life Estate Deed?

Also, read one of our previous Blogs at:

How Does a Life Estate Work?

Click here to check out our On Demand Video about Estate Planning.

Emotional Blocks to Estate Planning

5 Emotional Blocks to Estate Planning 

5 Emotional Blocks to Estate Planning 

By:

 

Here are 5 Emotional Blocks to Estate Planning. Death and taxes are two subjects that are both emotionally charged. Nobody wants to talk about either one of them — together they are, well, taxing and deadly. Do you break out in a cold sweat when discussing your will? Can you bear to think about whether there will be enough money to live on if your husband dies? Can you even think about which kid will run the business when you die; let alone talk about it in a family meeting?

The “D ” Word

The first hurdle to be overcome is facing your own mortality. Find your own euphemism for death, then use that expression for the rest of the conference. There’s a wide selection of substitutions for the “D” word – “pass on,” “kick the bucket,” “meet my maker,” “when something happens to me,” “get hit by a truck,” “pushing up daisies,” “six feet under” – just to name a few. People will say anything rather than “when I die.” ​​Some folks hold to the superstition that making a will brings on death. Superstitious, yes, but nevertheless, it is a real impediment to many people.

Giving Up Control

The next hurdle is the fear of giving up control. Estate planning doesn’t mean giving your assets away. Many people know they must do something to reduce taxes, but fear giving control of their assets to their children. They have heard too many horror stories about ungrateful children who spend the family savings and turn their backs on their parents. Most people want it both ways – they want to retain complete unfettered control over all their assets and also pay no estate taxes. There are techniques that permit transfers while retaining significant control, and there are ways to protect funds. Learning about these approaches is part of the estate planning process.

Dealing With a Lawyer

Fear of dealing with an attorney is another big hurdle. (Fun fact: Dikigorosophobia is the fear of lawyers.) You might be afraid the lawyer will think you are uninformed, unsophisticated. Do you feel uninformed because you have to call the repairman to fix the air conditioner? Of course not! In the same way that you don’t know how to fix an air conditioner, you don’t know how to complete a thorough estate plan. This is no reflection on your intelligence or character.

You might be afraid of being gouged by attorney fees, or be afraid the attorney isn’t going to listen to you and will just forge ahead with a standard plan that you don’t want. The key to overcoming these fears is finding the right lawyer. Like anything else, a referral from a satisfied client is often the best approach. [Ask your friends who they use for an estate lawyer. Like any other important decision, it is good to do research and talk to a few lawyers, or firms, before making the hiring decision.

The Cost

What does it cost? Fear of the expense is another thing that keeps people from estate planning. Let’s face it. Estate planning is not for you – it’s for those you leave behind. You aren’t going to be hurt by estate taxes. You will be “long gone.” You aren’t going to have to negotiate who gets the grandfather clock – the kids are going to have to slug that out. So how much money (not to mention time and emotional energy) are you willing to spend on an estate plan for your family? Estate planning is truly a gift to your family.

Recognize it for what it is – caring for others. Leaving a well-designed plan behind is the best gift you can give your family. Arrange your affairs to do the most good for your family, friends, and charities.

Don’t be afraid to ask how the attorney charges. Most attorneys will charge an hourly rate, and you can expect to pay a high rate for a specialist (for example heart surgeons charge more than nurse practitioners). Some estate planning is done on a flat fee basis, but an estimate can’t be given until the attorney knows what will be involved. Almost no one gets a “simple will.” More is involved in estate plan than just a will, and every family situation is different.

Family Ties

Tough family decisions are another emotional stumbling block. Is there a divorce looming for one of your children? Does one of the grandchildren have special needs? Will you or your spouse remarry? Who is going to control the family business after the parents are dead? Facing these issues can be so painful that they are avoided indefinitely. Then, a real mess is left behind. Avoiding the problem doesn’t make it go away.

What if one of the children is in and out of drug rehab, or one of the kids is a successful professional, and the other is a struggling single parent with small kids and a minimum wage job. Do these children get treated equally in the estate plan or do you disinherit a child?

What about blended families – the children are yours, mine and ours. Do all of them share equally in both Mom’s and Dad’s estates? Facing tough decisions like these is hard. An estate planning attorney can help you by giving you options and choices. Do you want to have someone else make these decisions for you after you are dead? Worse, do you want your family to be torn apart with the fighting over your estate?

Read more related articles here:

 Emotional Blocks to Estate Planning

5 Common Emotional Roadblocks that Could Halt a Successful Estate Plan

Also, read one of our previous blogs at:

Do We Need Estate Planning?

Click here to check out our On Demand Video about Estate Planning.

 

Probate

How Do You Handle Probate?

How Do You Handle Probate?

While you are living, you have the right to give anyone any property of your choosing. If you give your power to gift your property to another person, typically through a Power of Attorney, then that person is your agent and may give away your property, according to an article “Explaining the basic aspects probate” from The News-Enterprise. When you die, the Power of Attorney you gave to an agent ends, and they are no longer in control of your estate. Your “estate” is not a big fancy house, but a legal term used to define the total of everything you own.

Property that you owned while living, unless it was owned jointly with another person, or had a beneficiary designation giving the property to another person upon your death, is distributed through a court order. However, the court order requires a series of steps.

First, you need to have had created a will while you were living. Unlike most legal documents (including the Power of Attorney mentioned above), a will is valid when it is properly signed. However, it can’t be used until a probate case is opened at the local District Court. If the Court deems the will to be valid, the probate proceeding is called “testate” and the executor named in the will may go forward with settling the estate (paying legitimate debts, taxes and expenses), before distributing assets upon court permission.

If you did not have a will, or if the will was not prepared correctly and is deemed invalid by the court, the probate is called “intestate” and the court appoints an administrator to follow the state’s laws concerning how property is to be distributed. You may not agree with how the state law directs property distribution. Your spouse or your family may not like it either, but the law itself decides who gets what.

After opening a probate case, the court will appoint a fiduciary (executor or administrator) and may have a legal notice published in the local newspaper, so any creditors can file a claim against the estate.

The executor or administrator will create a list of all of the property and the claims submitted by any creditors. It is their job to ensure that claims are valid and have been submitted within the correct timeframe. They will also be in charge of cleaning out your home, securing your home and other possessions, then selling the house and distributing your personal furnishings.

Depending on the size of the estate, the executor or administrator’s job may be time consuming and complex. If you left good documentation and lists of assets, a clean file system or, best of all, an estate binder with all your documents and information in one place, it can alleviate a lot of stress for your executor. Estate fiduciaries who are left with little information or a disorganized mess must undertake an expensive and burdensome scavenger hunt.

The executor or administrator is entitled to a fiduciary fee for their work, which is usually a percentage of the estate.

Probate ends when all of the property has been gathered, creditors have been paid and beneficiaries have received their distributions.

With a properly prepared estate plan, your property will be distributed according to your wishes, versus hoping the state’s laws will serve your family. You can also use the estate planning process to create the necessary documents to protect you during life, including a Power of Attorney, Advance Medical Directive and Healthcare proxy.

Reference: The News-Enterprise (Feb. 2, 2021) “Explaining the basic aspects probate”

Read more related articles at:

What Happens During the Probate Process?

Six Steps of the Probate Process

Also read one of our previous Blogs at:

What’s Involved in the Probate Process?

Click here to check out our On Demand Video about Estate Planning.

 

financial house

Is Your Financial Information in Order?

Is Your Financial Information in Order?

Preparing and organizing your financial information for when you are no longer capable will bring peace of mind to you today and relieve your loved ones’ burden in the future. It will ensure proper management of your financial situation and afford control over your end of life and legacy. The goal is to make and maintain an accurate list of accounts and passwords and relevant contact names at financial institutions. Planners and books (“My Life Directory,” “I’m Dead. Now What?”) are available to help you understand the scope of the project and start the process of organizing all records and personal information. Whether you are a parent, near retirement, or both, informational instructions will spare your family a lot of work and heartache.

The assumption is that you already have an estate plan with necessary documents such as a will, living will, durable power of attorney and medical attorney, etc. If this is not the case, retain an attorney to create these most important legal documents. You can then focus your attention on the written steps your family should take if something happens to you. These steps should include a list of all salient information; names (think bankers, lawyers, insurance agents) and their contact information, digital and hard assets, accounts, bills, debts, credit cards, insurance policies, annuities, pensions, PINs, and passwords. Include a list of all companies and invoice types (monthly, quarterly, annually) that automatically debit money from your checking account. This list is about anyone and anything that is part of your financial life.

The numerous books, planners, and online free worksheets can help you identify those things that need inclusion in your financial information; this can be your starting point. Online websites or apps can store your data and instructions for a one time or recurring fee. These sites are typically referred to as estate-planning organizers, end-of-life planners, document storage, even “death apps.” While these options may sound intriguing, a self-directed approach is generally best. Turning over consolidated personal financial data opens you to the possibility of identity theft, hacking, misuse of your records, erasure, and loss using these services.

Digitize your information in a word editor or spreadsheet and store it on a flash drive.  Print hard copies of your instructions and information and leave them with other important documents like your will or the deed to your home. Are you low-tech? There is no shame in a binder or spiral notebook containing this information. It is a bit more cumbersome to update, but many people choose to leave instructions to family members in handwritten letters, notes, and notebooks. Be certain your handwritten instructions do not vary with multiple papers scattered and undated. Stick to a standard methodology and throw out old documents.

Keep these records accurate with annual updates or any fundamental shift in how your finances are managed and by whom. Be sure your executor and other relevant family members know the location of this information. If you want your wishes to remain private until you are incapacitated or die, seal flash drives and hard copies in envelopes.

Preparing your financial records for your family can be time-consuming, but it is not complicated. The true goal of this task is organization and consolidation. And it is one of the most important financial tasks you will undertake during your life. When you feel your project is near completion (other than annual updates), ensure nothing is being overlooked by consulting an estate planning attorney, who will make sure you have all of the necessary legal documents in place. We provide these services and would be happy to talk with you about your planning needs.

Read more related articles here:

The Shocking Reason Why Siblings Squabble Over Inheritance And How To Prevent It

How to stop a family fight over inheritance

Also, Read one of our previous Blogs at:

How Can I Avoid Family Fighting in My Estate Planning?

Click here to check out our On Demand Video about Estate Planning.

Geriatric Care

The Growing Need for Geriatric Care Managers

The Growing Need for Geriatric Care Managers

The name can be misleading as professional geriatric care managers tend to a senior’s unique health care situation needs rather than being responsive to a particular age. The truth is aging is a complex, highly individualized process, and a geriatric care manager (GCM) may be appropriate at age 65 or 105 and any age in between. A geriatric care manager is a highly-skilled advocate for older adults and is specially trained to help identify resources to make managing your loved one’s daily life easier. A GCM is sometimes referred to as “aging life care professional” or “senior care manager,” as some find the term geriatric to be outdated. When is it appropriate to employ a care manager for your aging parent or loved one?

You live far away

Even if you leverage in-home technology and the internet of things to monitor and assess your loved ones well being, it isn’t easy to manage your older adult’s care if you do not live near to them. If you cannot frequently visit, a geriatric care manager can supervise care, alert you to potential or real problems, and work with you to arrive at the best decision for any issues that may prevent themselves.

Your loved one refuses to discuss their health with you

Many seniors, especially parents, do not want to burden their adult children with worries or problems. If you get the feeling your loved one is not telling you the full story about things affecting their health and well-being, hiring a geriatric care manager to check on them is a prudent strategy. Often, a senior is more willing to share their concerns with an expert outside of the family system.

There is a complex behavioral issue to address

Serious behavioral issues can manifest themselves in many ways, such as constant verbal abuse or being physically combative. These issues typically present themselves during the onset of dementia, and the root cause of the problem can be difficult to pinpoint. A geriatric care manager can connect you to an appropriate specialist to diagnose the problem.

You need to solve a problem in the senior living community

You might sense your parent needs more individualized care in their assisted living community, but the community’s administrator will not permit you to hire a private aide. A geriatric care manager understands how these communities work, the relevant state laws that may apply to the situation, and can negotiate on your behalf.  Because a GCM is an industry insider, they are more likely to find a solution in your loved ones’ best interest.

You do not know how best to help your loved one

There comes a time in your older family member’s care where you might feel utterly lost and unsure about what to do. A GCM can help you get unstuck by providing available options, tradeoffs, and costs. An initial assessment by a GCM can help navigate complex funding care options or uncover unknown resources for funding care.

Geriatric care managers can provide many services, including:

  • Evaluating, arranging for, and monitoring in-home care needs and the personnel that provide it
  • Coordinating medical appointments and arranging transportation to them
  • Identifying available programs and social services that can help your loved one
  • Making referrals to medical, legal, or financial professionals and suggesting ways to avert problems
  • Explaining difficult or complex topics to family members or care recipients
  • Creating short and long-term care plans that may include changes in living arrangements
  • Acting as a liaison to families who live far away from their loved one
  • Addressing and answering questions and emotional concerns of caregivers and their loved ones
  • Arranging for respite care providing relief to stressed-out caregivers

Medicare and Medicaid do not pay for a geriatric care manager’s services, so count on paying out of pocket. The initial assessment cost may range from 300 dollars in more rural settings to 800 dollars or more in larger urban areas based on a survey from 2017. After an initial assessment, a GCM bills by the hour and sometimes on a case-by-case basis. A reputable, certified GCM will have required degrees in one or more health care fields as well as several years of hands-on experience caring for the elderly. They will help assess, plan, coordinate and monitor your loved one’s insurance and entitlements, financial and legal matters, medical issues, involvement in activities, and family communication.

The National Institute on Aging (NIA), through the US Department of Health & Human Services, provides links on its webpage to locate geriatric care managers, as do many other organizations specializing in senior care like AgingLifeCare, and caring.com. You can also learn what to ask a potential GCM at caregiversamerica.com and other websites that provide senior information.

There is much to consider about your aging family member’s health and welfare, whether aging in place or an assisted living community. An experienced geriatric care manager, along with trusted legal counsel, can provide the best overall planning for a loved one. If you have questions or would like to discuss further how a GCM may help you or a loved one, please don’t hesitate to reach out.

Read more related articles at:

How Can a Trust Help You Avoid Nursing Home Costs?

Top 5 Strategies for Protecting Your Money From Medicaid

Also, read one of our previous Blogs at:

How Do I Keep My Assets from the Nursing Home?

Click here to check out our On Demand Video about Estate Planning.

Special Needs Trusts – What You Need to Know

In general, a trust is created when property or assets are managed by a person or firm for another person’s benefit. The person or entity who manages the trust is known as the “trustee” and is entrusted with the responsibility of making decisions in the best interest of the person who benefits from the trust, known as the beneficiary. Trusts are advantageous because they provide the ability to place conditions on how and when your assets will be distributed when you die, reduce estate and gift taxes, and allow you to skip the lengthy and expensive probate process.

 

Special needs trusts are a class of trusts made specifically for the benefit of those with physical and/or mental disabilities. These differ from the typical trust due to the special conditions that often need to be in place to accommodate the specific needs and lifestyle of the beneficiary of a special needs trust. Another one of the main reasons for having this type of trust is to ensure the beneficiary does not render him/herself ineligible for government benefits due to an increase in assets.

 

Choosing the right trustee for a special needs trust is extremely important and the trustee must be someone you are certain will act in the beneficiary’s best interest after your death. Often, this takes place in the form of a trusted family member who knows the beneficiary and his/her needs. However, if your situation doesn’t allow for this, the court will appoint a third party to manage the trust according to your written wishes.

 

One of the important features of a special needs trust is that the assets in the trust will not be counted toward asset thresholds contained in government programs such as Supplemental Security Income (SSI) and Medicaid. The trustee has complete control over the assets in the trust, instead of the beneficiary. For this reason, government programs such as SSI and Medicaid ignore assets in a trust when determining eligibility. Many people are unaware of this and make the mistake of distributing their assets to a loved one with special needs through a will. This could cause them to exceed the asset limits for SSI and/or Medicaid, thus losing their benefits from these programs.

 

Special needs trust may also be set up to take the proceeds from a legal settlement on behalf of the person with special needs. This is important for the same reason as mentioned earlier, to ensure a windfall does not preclude the beneficiary from receiving government benefits. Also, in the event the person with special needs is the one being sued, the funds in the special needs trust are protected from being paid out in damages.

 

Even if you believe your loved one with special needs will never need government benefits, it is still prudent to consider a special needs trust. Special needs trusts can provide for the unique and specific needs of the beneficiary in ways that other types of trusts cannot. Further, you never know what may happen in the future, especially when you’re no longer around. It may turn out that your loved one needs these government benefits one day and they’ll be glad you provided them this option.

 

Special needs trusts are an excellent vehicle to ensure your loved one with special needs is taken care of in the event of your passing. However, they can be difficult to set up and it is advised that you consult an elder law attorney who will be able to examine your specific situation and make sure your loved one is taken care of for years to come. If you would like to speak with an attorney regarding your situation, or have questions about something you have read, please do not hesitate to contact our office.

 

For More Information on this subject Click here: Guardianship and Conservatorship | Autism Speaks

Special Needs Children turning 18 Years Old -Caregiver.com

Also Read our Previous Blog at :  Estate Planning for Special Needs Family Members

 

 

Estate Plan

Plan, Don’t Wait, for an Emergency

Plan, Don’t Wait, for an Emergency!

That sounds like something your mother might say, right? And how often have you wished that you’d followed mother’s good advice?

 

Nobody really wants to think in advance about accidents or illness. But if no advance planning has been done, and if an elderly parent has broken a hip, say, and is about to be discharged from the hospital, the family must make crucial decisions in a highly stressful situation. There may be little, if any, time to figure out which living option is the best.

 

So, listen to mother. Plan ahead with your parents, if possible, so you will have your strategy ready when it’s needed.

 

Would your parents want to stay home? Move to a retirement community? Relocate to be closer to children?

 

Research the options. You might be surprised at how attractive many retirement communities are. There are increasing opportunities for independent or assisted living. Some facilities also offer transition into memory care, if that becomes needed.

 

Look into Caring.com, or call 800.973.1540. This is a comprehensive resource that offers information and guidance nationally, for living options and caregivers. Then, when you have researched what’s out there, talk with your parents about the pros and cons of the various choices.

 

Most people want to stay home for as long as possible. In-home care might be an option.

 

To connect with caregiving services for older adults and families, consult Eldercare Locator, a service of the U.S. Administration on Aging, on-line at eldercare.acl.gov or at 1.800.677.1116. The Eldercare Locator also provides information on local Area Agencies on Aging. These can be very helpful.

 

A care manager might be an option. These people have the experience and expertise to coordinate the many elements involved in elder care: medical providers, financial planners, elder-law attorneys, and rehabilitation specialists. Or, such people can work on an hourly basis, to pick up prescriptions, accompany your parent to doctors’ appointments, and coordinate communication with long-distance family. Find care managers through the Aging Life Care Association, aginglifecare.org, or at 520.881.8008.

 

If possible, urge your parents to get their legal documents in order while they are still in good health.

 

That is the best time to make sure that your parents have done the necessary legal documents. They may want to visit our office by themselves, but suggest to them that they provide you with copies of the documents. That way you will have the papers ready when you need them, and you won’t have to search for them under time pressure.

 

You can hope for the best, or you can plan for your parents’ well-being.

 

Do both. Call us now at (904) 880-5554! Or Book a Call Here!

 

Read more related articles at:

Millennials, It’s Time To Talk Estate Planning With Your Parents from Financial Advisors Mag

Are You A Millennial? Talk to Your Parents About Estate Planning

Also, Read one of our previous Blogs at:

The Estate Planning Conversation To Have with Your Parents

April is Parkinson’s Awareness Month Get Your Estate Plan in Order NOW!

Every month of April, the global Parkinson’s community engages to support awareness of Parkinson’s disease (PD), a disease whose cause remains largely unknown although treatment options exist. This year the Parkinson’s Foundation campaign theme is #KnowMorePD. The goal of raising awareness can help make lives better for people with Parkinson’s disease, generate ideas to improve care, educate, and fundraise to help advance research toward finding a cure.

Effectively, Parkinson’s is a disease where nerve cells that normally deliver the neurotransmitter dopamine to other cells experience a reduction in numbers. The more cell death spreads to larger areas of the brain, the greater the body is affected. Symptoms of Parkinson’s typically develop slowly throughout the years, with symptom progressions varying from person to person because of the diversity of the disease. The neurodegenerative disorder can manifest itself through tremors, bradykinesia (slowness of movement), limb rigidity, and gait and balance problems. Dopamine reduction can also produce nonmotor symptoms, often preceding a PD diagnosis. These symptoms can include REM sleep behavioral disorder, automatic dysfunction, depressions, visual impairment, attention deficit, reduced sense of smell, and difficulties planning and acting on ordinary tasks. Parkinson’s disease is not in itself fatal; however, disease complications can be serious.

The PD Foundation website has offerings by state. Local impact, education, and support are hallmarks of the foundation’s work. Individuals can plug in their zip code on the website Parkinson’s Foundation in your area for their closest PD chapter to become involved. Whether your interest is in exercise classes, therapy services, research trials, or caregiving support, visiting a local PD website in any state can point you in the direction you need.

California’s large and diverse population makes it an ideal state to study and expand our understanding of Parkinson’s disease. The state’s Department of Health has a chronic disease surveillance and research branch (CDSRB) that collects data to measure PD’s incidence and prevalence. This research brings awareness to the disease through the California Parkinson’s Disease Registry. Statistics about how the disease is distributed among different population groups and whether the disease patterns are changing over time may lead to insights about PD about which we know surprisingly little.

In 2021, about one million people live with Parkinson’s disease, with approximately 600,000 receiving a PD diagnosis each year, with men 1.5 times more likely to have Parkinson’s than women. Estimates are that direct and indirect costs of Parkinson’s, including treatment, lost income, and social security payments account for nearly 52 billion in US expenditure annually. Just the medication averages about 2,500 dollars per year, and the cost of therapeutic surgery can be upwards of 100,000 dollars per individual.

The terms incidence (new cases arising in a population over a given time) and prevalence (a measure of all individuals affected by the disease at a particular time) are often cited when discussing who suffers from Parkinson’s disease. Does prevalence vary by study, population group, and geography? Statistics generated by studying larger and more diverse populations can address these questions. Considering the last major prevalence study was in 1978, Parkinson’s disease studies are long overdue.

The statistics matter as the Parkinson’s Foundation continues to attract state and federal government and the pharmaceutical industry to address the urgent, growing need to understand and hopefully prevent PD. As a nation, we need to understand better who develops Parkinson’s and why. Much of the research focuses on ways to identify PD biomarkers, leading to earlier diagnosis and tailored treatments to slow down the disease process. While all current therapies can slow the process and improve symptoms, they do not slow or halt the disease progression. Idiopathic Parkinson’s disease progression tends to be variable and slow, making research all the more difficult, particularly when comorbidities are present.

On social media platforms and other online forums such as Facebook, Twitter, YouTube, Instagram, Reddit, Linkedin, WhatsApp, and more, #KnowMorePD for this April’s Parkinson’s Awareness theme helps to promote the foundation’s campaign cross-platform. The goal is to have conversations among loved ones, family, friends, neighbors, care teams, and the community will lead to more education, action, funding, and understanding of Parkinson’s disease.

If you or a loved one has been diagnosed with Parkinsons’ disease, there are a number of ways we can help. For example, we can create a comprehensive legal plan to make sure you or your loved one has the proper documents in place to cover care decisions, financial decisions, and what to do in the event of a disability. We welcome the opportunity to speak with you in a confidential setting to determine how we might help.

Read more related articles at:

Exercise May Slow Cognitive Decline in At-Risk Patients With Parkinson Disease

Exercise May Slow Cognitive Decline in Some With Early Parkinson Disease

Also, read one of our previous Blogs at:

The Latest Treatments for Alzheimer’s Disease

Click here to check out our On Demand Video about Estate Planning.

EXERCISE 1

Exercise May Help Slow Cognitive Decline in Some People with Parkinson’s Disease

Exercise May Help Slow Cognitive Decline in Some People with Parkinson’s Disease

Exercise May Help Slow Cognitive Decline in Some People with Parkinson’s Disease. Parkinson’s disease can and often does affect thinking and memory skills. Actually, these problems are “among the most common nonmotor symptoms of the disease.” “A new study shows that exercise may help slow cognitive decline for some people with the disease.”

Research has also indicated that those with Parkinson’s disease who have the gene variant apolipoprotein E e4 or APOE e4, may experience cognitive decline at an earlier, and at aquicker rate than those without the variant. Also, APOE e4 is known as a “genetic risk factor for Alzheimer’s disease.”

The new study focused on whether exercise could slow down the cognitive decline for people that have the APOE e4 variant.

According to Jin-Sun Jun, M.D., of Hallym University in Seoul, Korea stated, “[problems with thinking skills and memory can have a negative impact on people’s quality of life and ability to function, so it’s exciting that increasing physical activity could have the potential to delay or prevent cognitive decline.”

Jun also stated that there will need to be more research done in order to confirm the findings, but the results of the research suggests that “interventions that target physical activity” play a role in delaying cognitive decline in people with early Parkinson’s who have the APOE e4 gene variant.

See EXERCISE MAY HELP SLOW COGNITIVE DECLINE IN SOME PEOPLE WITH PARKINSON’S DISEASE, American Academy of Neurology, March 31, 2021.

Read more related articles at:

Exercise May Slow Cognitive Decline in At-Risk Patients With Parkinson Disease

Exercise May Slow Cognitive Decline in Some With Early Parkinson Disease

Also, read one of our previous Blogs at:

The Latest Treatments for Alzheimer’s Disease

 

 

Biden Nursing homes

Biden Administration Eases Recommended Restrictions on Nursing Home Visits

Biden Administration Eases Recommended Restrictions on Nursing Home Visits

Biden Administration Eases Recommended Restrictions on Nursing Home Visits. The Centers for Medicare and Medicaid Services (CMS) has issued new guidance on whether families can visit loved ones in nursing homes. The guidance allows indoor visitation even when the resident has not been vaccinated.

The coronavirus pandemic has hit long-term care facilities particularly hard, with more than 170,000 residents and employees dying of COVID-19. Most nursing homes have had at least some restrictions on visitors in place since the start of the pandemic in March 2020. Some nursing homes have banned all visitors, some allow visits by appointment only, and some restrict visitation to outdoors only. The absence of close contact with loved ones has been extremely difficult for both residents and their families over the past year.

Now that millions of vaccines have been administered to nursing home residents and staff, CMS has revised its guidance on nursing home visitation. The new non-binding guidance notes that outdoor visitation is preferred, even when both the resident and visitor are fully vaccinated. However, the guidance goes on to advise that indoor visitation should be allowed regardless of the visitor’s or resident’s vaccination status in most situations. CMS recommends limiting indoor visitation in the following circumstances:

  • If the resident is unvaccinated and the county’s COVID-19 positivity rate is greater than 10 percent and less than 70 percent of the residents in the facility are fully vaccinated.
  • The resident has a confirmed COVID-19 infection.
  • The resident is in quarantine because of exposure to a person infected with COVID-19.

CMS also states that while physically distancing should be maintained, a fully vaccinated resident may choose to have close contact with a masked visitor who performs good hand hygiene before and after.

If the nursing home has a resident or staff member who tests positive for COVID-19, the CMS guidance recommends that visitation be suspended until the entire facility has been tested. If the outbreak is contained, then visitation can continue, but if additional cases are found, then CMS recommends suspending visitation once again.

While the CMS provides recommendations, each state is free to make its own visitation rules.

To read the guidance, click here.

For resources on visiting long-term care facilities from The National Consumer Voice for Quality Long-Term Care, click here.

Read more related articles here:

Biden Administration eases restrictions for nursing home visits

Also, read one of our previous Blogs at:

What Should I Ask, If My Mom Is in a Quarantined Facility

Click here to check out our On Demand Video about Estate Planning.

 

Join Our eNews