San Diego Estate Planning Lawyer Blog

Pets are a large part of our daily life. Pets can provide relief from stress, companionship, and an opportunity to get some exercise and socialization. Pets also can have a beneficial effect on our health in other ways.

A study at the State University of Buffalo showed that people with high blood pressure who adopted a dog had lower blood pressure readings in stressful situations than those without a dog. In another study of hypertensive stockbrokers, those who got cats or dogs were found to have lower blood pressure than whose who didn’t.

A study in Australia found that pet owners also have lower cholesterol levels than people without pets.

The National Institute of Health found that people who have pets go to the doctors less than people without pets.

Studies have shown that heart patients who own pets have a better change of long-term survival than patients without pets.

Another study found that men with AIDS were less likely to suffer from depression if they owned a pet.

For older adults, pets help to alleviate stress, depression, and loneliness. Studies have shown that seniors who have a pet go to the doctors less often

Pets are increasingly seen in hospitals, hospices, and nursing homes. Why? Because dogs have a calming effect on people who are ill or old.

At the office of Pinkerton, Doppelt & Associates, we often are asked by clients how they can provide for their pet upon their death or incapacity. Planning for your pet can be done by adding provisions in your trust to leave not only a pet you have at death but also a sum of money to maintain the pet. We can also prepare a pet trust which is enforceable now in California. Our article about estate planning for pets provides more information about your options.

As many people approach their sixties, they begin wondering at what age they should start taking social security. It can be a confusing decision.

Center for Retirement Research at Boston College has a good link to download the Social Security Claiming Guide. This document has all the information you need to determine when you should begin taking social security. There are a number of factors to consider including how much you need in retirement income, your age, if married what your options are to take your spouse’s social security, etc.

Decisions also have to mde about Medicare. For information on Medicare, see this site which will link you to the Medicare website as well as other sites for Medicare information.

Retirees approaching social security age should also address other issues also such as whether they have their finances in order and on track to provide income after they retire. They should also make sure they have an updated power of attorney for assets and an updated health care directive. These two documents are critical should you become incapacitated.

If you have a revocable living trust, you should have these documents as part of your revocable living trust package but you should review them periodically to be sure they still express your wishes and that you have named someone you trust as your agent. Health care directives should be reviewed to be sure yours contains a HIPAA release. Some of the older directives or powers of attorney for health care do not contain language about HIPAA. Without a HIPAA release, your agent may have difficulty speaking to your doctors or obtaining your medical information.

Pinkerton, Doppelt & Associates has been assisting retirees for years with their estate planning needs. We would be happy to help you with yours.

Seniors, especially women, are more vulnerable to elder abuse of all forms. Statistics show that more women than men fall prey to financial abuse.Financial elder abuse can be the taking of money or property from an elder. It can be misusing a power of attorney. It can be changing an elder's will or trust using undue influence. It can include all sorts of schemes to sell something to an elder or failing to provide agreed services such as caregiving, home repair, or financial services.

Part of the reason more women than men are targeted is that there are more women than men in this country. In 2006 for example there were 21.6 million women 65 years of age or older and 15.7 million men over 65. San Diego county in particular has many men and women who are seniors.

Older Americans in general are susceptible to cognitive decline and health problems. These conditions can lead to frailty, difficulty making decisions, and being easily influenced. Also widows are sometimes in the position of becoming responsible not only for finances but also for home maintenance and tasks that formerly were managed by the husband. They may easily become victims of home repair scams, re-finance, or other financial scams.

Believe it or not, the largest percentage of perpetrators of elder abuse are trusted professionals, family, and caregivers but strangers and home repair scams are also becoming prevalent.

Some of the warning signs family members may notice are an unusual fear, isolation, withdrawal, anxiety, “new best friends”, missing money or property, reluctance to discuss matters that once were routine, and confusion about financial matters. The California Dept. of Justice has an excellent brochure online which discusses the prevention and reporting of elder abuse.

If you believe you or someone you are close to has been the victim of elder abuse, there are many remedies. Pinkerton, Doppelt, & Associates LLP, handles such cases and can advise you as to how to report and remedy the abuse. Feel free to contact us for a complimentary consultation.

Recently you may have heard about the conviction of Anthony Marshall, son of New York philanthropist and socialite Brooke Astor. Tony Marshall, the only son of Brooke Astor, was convicted of 14 counts of grand theft and larceny for allegedly stealing millions from his mother's estate while she was suffering from Alzheimer's disease. The lawyer who prepared an amendment to Mrs. Astor's will was also convicted on charges of fraud and conspiracy and one count of forging Mrs. Astor's name to the amendment which changed the distribution of her estate. The amendment was made when Mrs. Astor was almost 102.

Now controversy will shift to what will be done with Mrs. Astor's estimated $180 million dollar estate. Some people speculate that the conviction might cost the grandsons of Mrs. Astor, Phillip Marshall and his twin brother Alexander, about $10 million each, a fact apparently not known to Phillip when he started a guardianship proceeding in 2006. Phillip petitioned the Probate Court to appoint a guardian for his grandmother, claiming that his father Tony was allowing her to live in squalor, telling her she had no money left, all the while taking millions from her estate. The guardianship proceeding caused prosecutors to begin investigating Tony Marshall which then led to the criminal charges. Phillip Marshall has said he never knew about the inheritance for he and his brother from his father's estate and that it was “not about the money. He wanted to protect his grandmother.”

Hopefully what this case has done in the real world is raise the public's awareness about elder abuse. Elder abuse affects about 2 million Americans over the age of 65. It can be physical abuse such as using force or causing physical injury or it can be neglect. Elder abuse can also be financial abuse where someone wrongfully takes or uses an elder's money or other assets. It can also involve, as in the Astor case, using undue influence of forgery to cause an elder to change a will or a trust. It sounds from the Astor trial testimony that the elder abuse there was both types. If we can help with an elder issue such as one discussed here or any other estate planning issue, call us at Pinkerton, Doppelt, LLP.

You may wonder how to determine if a loved one is at a point where they should no longer be living independently. It is a hard decision for the individual involved and for family members who want to make sure their loved one is safe but also not be too hasty in suggesting they no longer live alone.

A free online assessment is available which asks questions designed to help you determine whether someone is safe living alone. Based on the answers to a series of questions, an assessment report is sent to you via email. The questionaire was designed by the Health and Disability Research Institute at Boston University. It asks questions like whether the person has had any falls; whether they can walk independently or use a cane, walker, or wheelchair. Questions are asked about whether the individual has difficulty preparing food, grocery shopping, washing dishes, doing laundry, writing checks, balancing their checkbook, and tending to personal hygiene. The test is designed to test basic movement and physical functioning, ability to perform daily tasks, and ability to perform life skills important to independent living.

Such as assessment may be a guide to help you decide if it is time to begin the conversation with your loved one. Part of the conversation should also be to be sure their estate planning documents are in order such as their will or trust and powers of attorney for finances and health care. We would be happy to discuss any elder issues or questions you may have. Call or email for a free consultation.

Many seniors have serious concerns about going into a nursing home. They have questions such as whether they can be forced to go into a nursing home, how to pay for nursing home care, and how to choose a nursing home facility that will provide good care. They also wonder if they can qualify for Medi-Cal to pay for such costs.

No one can be forced into a nursing home. If you do not believe you need nursing home care, the only way you can be forced into such a situation is through a court ordered conservatorship. An interested party can file a petition to have a conservator appointed if you are unable to take care of yourself. You have the right to appear at the hearing, present evidence that you do not need a conservator, and have a lawyer represent you.

If you do need nursing home care, there are many reputable ones. Choosing the right nursing home can be an important decision for you and your family. Nursing homes are strictly regulated by the state and federal government. There are regular inspections and procedures for complaints. In San Diego, there are many nursing homes. You can get information about how to choose one from AARP and California Advocates for Nursing Home Reform. Personal referrals from friends, senior centers, or churches can help narrow your search. Make sure you personally visit the ones you are considering and if Medi-Cal may be paying for such care at some point, choose a place that accepts Medi-Cal so that the individual will not have to be moved once Med-Cal is paying for the care.

The cost of a nursing home stay can be covered by Medicare but only for skilled nursing care ordered by a doctor. Once your care becomes routine custodial care, Medicare will not cover the expenses. Medi-Cal qualification may be an option if you meet the income and assets limitations.

Once someone is moved into the nursing home, they cannot be forced to move unless the individual endangers the safety of other residents, their needs cannot be met at the facility, or there are problems with payment of services.

If you need assistance to insure that you or a loved one have the appropriate estate planning documents such as a will or a trust, a power of attorney and a health care directive prior to entering a nursing home, contact us at Pinkerton, Doppelt, & LLP. We can also help with Medi-Cal planning or Medi-Cal qualification. We can help you determine if you have some exempt assets, whether annuities or reverse mortgages might help you remain in your home, and explain the options you have for long term care.

With the aging baby boomers now becoming seniors and people living longer in general, one of the issues seniors face, especially in this economy, is the possibility of needing long term care. The cost of nursing home care has risen tremendously in the last decade. A survey done by Metlife in October 2008 listed the average cost of a private room in San Diego as $240 per day. Assisted living facilities can run anywhere from $2500 - $5000 per month, even more for specialized care such as for Alzheimer’s patients.

You can read more about long term care planning in an article here on our website. One option to pay for nursing home care is Medi-Cal, the California state-funded needs based program. Medi-Cal provides health and long term coverage to over 10 million Californians. To qualify for Medi-Cal for 24 hour care in a skilled nursing home,an applicant must pass the Income Test and the Asset Test. Medi-Cal has certain income limitations and also only pays for the cost of nursing home care if the "countable" or "non-exempt" assets of the person needing care and their spouse are below certain limits.

There are some assets that are “exempt” meaning they do not count in figuring your assets. Some of these “exempt assets” are a home, car, personal property, $1500 in life insurance, and prepaid funeral plans. You can also convert some of your countable assets into exempt assets before entering a nursing home.

If there is any chance that you or a family member will need Medi-Cal assistance, contact us at Pinkerton, Doppelt, & Associates, LLP for a complimentary consultation. There are strategies we can advise you about such as spending down your assets, converting nonexempt assets to exempt assets, and other techniques to enable you to qualify for Medi-Cal. We can assist you in determining if you qualify for Medi-Cal and act as your representative in completing and submitting the application.

Medi-Cal considers the amounts they pay to you in the nature of a loan that has to be paid back from your estate after you die. There are some legal steps that can be taken to minimize or eliminate the collection attempts but they need to be handled properly to be effective.

Many people in San Diego and throughout the country find themselves in the “sandwich generation.” They have children at home with all their issues, problems, and needs and they also have aging parents who have their own issues, problems, and needs. By some estimates, as many as 16 - 18 million people have the dual responsibility of caring for their elderly parents and their own young children. How do you approach your parents to discuss such things as an estate plan, health care directives, and planning for possible long term care?

One website uses the acronym TEMPO for advice on the talks that you should have with your parents. Topics that need to be addressed are long term health care, advance health care directives, a will or a trust in place, and their wishes about end of life issues.

T- Timing. It important to choose a good time to talk about such issues.

E- Experiences. One way to break the ice is to talk about your own experiences and feelings about estate planning, end of life issues, etc. Get an estate plan done yourself or if you already have one, talk about your experience and reasons for getting it done.

M - Motivation. Make sure you are clear about your motives in having the discussion. Some parents may be reluctant to discuss such issues if they feel you are trying to influence them rather than just being concerned. Emphasize that you are not having the discussion because you don't think they will have a long life but just to be sure plans are in place before any emergency occurs.

P - Place. A public place or at a family reunion would not be an ideal place to discuss such issues. They should be discussed in a private, comfortable setting.

O-Outcome. The outcome should be the culmination of your goals in having the discussion, ie. opening up a safe, honest dialogue about potential issues they may have to face and seeing that those issues are addressed.

Once you have had the discussion to help your parents focus on what needs to be done as far as estate planning is concerned, feel free to contact us at Pinkerton, Doppelt, & Associates if we can help. Our first consultation is always free.

Seniors in San Diego as in other cities across California have many issues that are unique to them: Elder abuse, Medi-Cal planning and eligibility, social security, health care directives and powers of attorney, rights as a grandparent, and various estate planning issues.

There is a great publication published by the California State Bar that will be coming out in May. The guide called Seniors and the Law: A Guide for Maturing Californians is a comprehensive publication which addresses laws and legal issues relating to seniors.

The publication was first printed in 2003 but has been updated for the estimated 5.5 million residents of California who are over 60.

To order a copy in English or Spanish, you can email the California State Bar at seniors@calbar.ca.gov. Orders will be shipped in May.

The simple answer to this question is “before you need it” however knowing when that is can often be difficult. Most of us know to plan for retirement but sometimes we don’t recognize the need to plan for when we or our parents can no longer take care of ourselves.

People are living longer and more people will need long term care than in past generations. Some people do not realize that often what strikes the elderly is not a physical ailment but a mental condition which Medicare will not cover. Medicare typically covers such things as skilled nursing but it usually does not cover custodial care. Paid caregivers at home or home health aides, a nursing home, or other assisted living facilities will not usually be paid for by Medicare.

The time to consider the expenses of long term care is before it is needed so that you can explore such options as long term health care insurance, a spend down of assets to qualify for Medi-Cal, or community services that may be available. Taking the time now to plan, before there is a need, will give you peace of mind to deal with the difficult decisions that arise when the time comes.

The San Diego based estate planning lawyers at Pinkerton, Doppelt, & Associates, LLP can assist with making sure you or your parents have up to date health care and asset powers of attorney and answer questions you have about Medi-Cal. Feel free to contact us if we can help.

If you have a family member suffering with a form of dementia or Alzheimer's disease, you probably worry about them wandering away. The Alzheimer's Association estimates that 60% of dementia patients will wander at some point in their life. A new law is being proposed in California to institute an alert, similar to the Amber Alert, when seniors with dementia go missing.

The program is called a Silver Alert, modeled after the Amber Alert system to locate missing children. Last year the U.S. House of Representqtives passed the National Silver Alert Act to establish a formal public notification when a senior citizen is missing, however the Senate failed to approve a similar measure.

In spite of the lack of federal legislation, about a dozen states have adopted Silver Alert Acts. Florida, which has the largest population of senior citizens, adopted the plan in October 2008 and had success in finding all the seniors who went missing during the rest of 2008.

In California, a bill introduced by Senators Alquist and Correa, would amend the Emergency Services section of the Government Code to provide that law enforcement agencies that are informed of a missing person 65 years if age or older with an impaired mental condition implement public alert procedures. Visiting Angels, an organization that provides in-home care to seniors across the country, as well as other organizations that service seniors, are urging the public to contact their senators to encourage the passing of the bill. Having such a system will give families and caregivers of seniors peace of mind that if their loved one wanders away, the public will be on the lookout for them.

As the population of people over 65 increases, so does the incidence of elder abuse and neglect. Elder abuse can be physical, emotional, or financial. The San Diego Police Dept. reports that San Diego has over 300,000 seniors. One out of every 20 elders will be a victim of elder abuse sometime in their lifetime however many incidents go unreported.

Financial abuse is the taking or using of an elder’s money or assets contrary to the elder’s wishes or needs. It can be as simple as taking money from someone’s wallet or using an elder’s credit card to identity theft or telemarketing scams. In the area of estate planning, financial elder abuse may be misusing a power of attorney or using undue influence to cause an elder to change a will or a trust or a beneficiary designation. Financial abuse is particularly devastating to an older person as it can drain the victim of their life savings and cause them to feel helpless and worried about their future.

What are some of the warning signs that someone you know may be the victim of financial elder abuse?

1. Unusual bank withdrawals from an ATM or unusual checks written to strangers or containing signatures that do not look like the elder’s signature.

2. Missing checks or credit cards or unusual activity on a credit card.

3. The sudden appearance of a stranger who becomes close to the elder and seems to want to take over the elder’s financial affairs.

4. Home improvements or items purchased which seem unnecessary.

5. Changes in account beneficiaries or new signers on an account.

6. Execution of a new power of attorney.

7. Changes in property title, deeds, or new mortgages.

8. Changes in wills or trusts if the elder seems incompetent.

9. The elder seems confused about his or her financial affairs.

The experienced estate planning attorneys at Pinkerton, Doppelt, & Associates handle elder abuse cases and can advise you about issues of elder abuse. Contact us for a complimentary consultation. Also look for later blog posts on steps to make the elder less vulnerable and remedies for elder abuse.