Is Your Loved One Receiving Appropriate Nursing Home Care?

I think it is safe to say that no one wishes to spend the last stages of his or her life in a nursing home. Unfortunately, though, sometimes the individual’s need for skilled nursing care leaves no other option. Simply put, the person’s physical and/or mental condition does not permit adequate care to be provided at home or an assisted living facility.

But the fact that an individual is in a nursing home does not mean that they can or should be ignored.

It is a sad commentary on human nature that some staff members in some facilities will treat their patients in such a fashion as to minimize the inconvenience and care required by the aide or nurse who is charged with providing appropriate care.

As a practical matter, some facilities will use physical restraints such as vests or belts to confine a resident to a wheelchair or bed. Such restraints may be appropriate for the safety of patients or others. But far too often they’re used for the convenience of the caregiver who, therefore, no longer has to give the same level of personal attention to the patient that would be required if such restraints were not used.

Other techniques of serving the convenience of the staff as opposed to the needs of the patients are the use of sedative and anti-psychotic drugs. Feeding tubes are also used to avoid the necessity of helping a patient eat.

If a loved one of yours is receiving such “treatment”, it may or may not be appropriate but you should insist on questioning staff members as to whether it is necessary for the patient’s benefit.

How To Provide Immediate Cash To Your Personal Representative When You Die

A common problem confronting survivors of a loved one is coming up with money to pay for immediate needs such as a funeral or related expenses.

Unless you have a living trust, your personal representative may be delayed for several weeks before he or she can gain access to your bank accounts.

A simple solution is for you to open a specified bank account now naming your personal representative as a joint owner or designate that your personal representative is to inherit the account upon your death – that is known as a POD or “payable on death” account.

I recommend putting approximately $10-20,000 in that account which should be more than sufficient to tide things over until access can be had to your entire estate.

Don't Make Changes to Your Will on Your Own

Many people don’t understand that you cannot effectively change the terms of your will by simply crossing out language or adding new language and then adding your initials or your signature to your changes.

A change to a will, formally called a “codicil” or amendment, requires the same formalities that are necessary to make a will legally binding in the first place.

In practical terms what that means is a codicil must be prepared to change the terms of the will with necessary witness signatures and notarizations (if such is required where you signed your will). If that is not done, the amendments you desire will be considered null and void.

As an aside, if you need to change the terms of your will, please let me know. I can make sure that the codicil is done right.

Danger of Using Joint Account with a Child

Many people use joint accounts to give their children access to their money.

That often makes sense – but not always.

“Joint” accounts (each account owner has full access to the entire bank balance and the survivor “takes over” the ownership interest of the person who dies first) can avoid probate and provide money for a child to pay a parent’s bills, etc.

But placing a child on a parent’s account involves risks as well. While one certainly hopes that the child is trustworthy, there is always the possibility that a child will use the account money for his own – as opposed to his parent’s – needs. Also, a creditor of a child who gets a judgment can drain that account to pay it since the child is an owner of the joint account.

Suggestion: Take advantage of the joint account option but keep the balance relatively low ($5K-$10K) to minimize temptation and reduce other risks. Money can always be put into the account as needed.

Confusing Legal Terms

Elder Law and Estate Planning lawyers often use confusing terms to describe the documents that they prepare. One example is a “living trust” also called a “revocable trust” or “inter vivos trust”. All of these refer to a document that attempts to avoid probate by having a trust set up to take possession of a person’s assets and spell out the terms of distribution in the document, thus avoiding the need to file for probate (but not always).

“Living Will”, often a part of a document called an “advanced directive”, does not refer to a Last Will and Testament. It is a document which recites an individual’s wishes about end-of-life decisions such as when treatment should be halted and nature allowed to take its course.

“Last Will and Testament” describes a document that is filed for probate and designates who gets what of an individual’s assets when he or she passes away.

Coffee, Tea Can Ward Off Dementia

Caffeine is often blamed for health problems. Think of the publicity surrounding caffeine-spiked “Monster” beverages implicated in ER admissions. 

As in most things, Aristotle had it right. “Moderation” should be the by-word. Thus, it is not surprising that a recent study showed that several cups of coffee or black tea lowered dementia risks for drinkers. Researchers speculated that caffeine boosts blood in the brain and results in less plaque buildup (presence is linked to Alzheimer’s).

Maryland Drivers: Do You Have Emergency Contacts on Your License?

Are you aware that Maryland drivers can add three emergency contacts to their driver’s license so police will know who to call if an accident occurs? The emergency contact information is stored electronically on an individual’s license and will be available only to authorized law enforcement and medical personnel.

Go to the MVA’s website [www.mva.maryland.gov] to add your three emergency contacts in just a few simple steps: Click “On-line Transactions”, click “More”, look under “Other Services” then click “Emergency Contacts” to add your contact names, addresses and phone numbers.

NOTE: To complete the Emergency Contact transaction, you must be able to provide your driver’s license number, date of birth, and PIN or last 4 digits of your social security number.