Jarvis Law Office

PREVENTIVE HEALTH MEASURES THAT MAY DELAY DEMENTIA IN SENIOR CITIZENS

What is Dementia?

According to the Alzheimer Association, Dementia is not a specific disease. It's an overall term that describes a group of symptoms associated with a decline in memory or other thinking skills severe enough to reduce a person's ability to perform everyday activities. Alzheimer's disease accounts for 60 to 80 percent of cases. Vascular dementia, which occurs after a stroke, is the second most common dementia type.

Dementia Statistics in the United States

According to statistics, it’s estimated that one out of every six women and one out of every ten men living past the age of 55 will develop dementia. With around 5 million individuals in the US affected by dementia, it is common to have a friend or relative diagnosed with dementia.

Although there are several forms of Dementia, in the US, around 70% of cases are as a result of Alzheimer’s. While these figures may rise in the near future, health scientists are beginning to discover several preventive health measures that may help delay dementia in elderly citizens.

Five (5) Preventive Health Measures That May Help Elderly Citizen Tackle Dementia

In a recent report by the National Academics of Sciences, Engineering, and Medicine, scientists have been able to postulate three key methods that may be able to slow down the impact of Dementia in older citizens. These strategies included: being physically active, high blood pressure control, and participating in cognitive training exercises.

Below are five (5) ways elderly citizens can reduce the effect of dementia and related cognitive conditions based on the NAS report.

1. It is confirmed that biological and lifestyle changes associated with the various forms of dementia (Alzheimer & Vascular Dementia) usually begin a decade earlier. It is advisable to implement a healthy diet, as well as physical and lifestyle changes before symptoms of dementia become evident.
2. Being able to manage your blood pressure is the only strategy thought to have the potential to prevent or delay the risk of Alzheimer’s disease. Although, scientists are yet to ascertain its role on age-related cognitive decline.
3. Participating in physical activities is a great strategy that may delay dementia in senior citizens. While the report didn’t state the type or duration of the physical activity, walking briskly for 15-20 minutes daily is a great idea.
4. Reducing sugar intake may be all you need to reduce the impact of dementia. Several studies have regarded Alzheimer’s as one of the forms of dementia as a third type of diabetes. It is advisable to manage your sugar intake and blood sugar level especially when the individual is above 50 years of age.
5. When it comes to preventing dementia, one of the most common causes of the development of Alzheimer’s is stress. A lot of researches in the past have linked anxiety as one of the causes of dementia especially in elderly citizens who are already at risk of being affected by the disease.

Above all, visit your healthcare provider or a medical facility for proper diagnosis and medical check-ups regularly. If you would like to discuss these issues with an experienced Ohio Elder law attorney, please call our law firm at 877-653-3450 to schedule a consultation.

Everything You Need to Know to Apply for VA Benefits

One of the major benefits of serving in the United States armed forces is the ability to receive healthcare coverage and services through the Veterans Administration. There are many different benefits available for both veterans and their surviving spouses with varying criteria for each. For instance, wartime veterans are eligible to receive the Aid and Attendance benefit, which helps cover long-term care services.

Experienced Ohio elder law attorneys can work with veterans and their spouses to ensure that they receive the VA benefits they’ve earned through their service. However, in order to start the process of receiving VA benefits, it is necessary to go through the application process.

The process can be started online at the Veteran Administration’s website at http://www.va.gov/healthbenefits/online/. On this site, you will be able to fill out the 10-10EZ form, which is the enrollment application for health benefits. Before you begin, you should make sure that you have the proper documentation available in order to provide all of the relevant information:

• Discharge papers
• Medical Evidence
• Proof of medical expenses

If you’re applying for benefits that were earned by your deceased spouse, you will need additional information including:

• Marriage certificate
• Spouse’s death certificate

One significant problem, however, is that the application process can take as long as a year to complete, so starting the process as early as possible is better than waiting until you absolutely need the benefits. Luckily, the VA’s website will keep your information on file for re-evaluation at the point when you’re eligible if you don’t qualify for benefits right now. When you are approved, however, your benefits will be paid retroactively beginning with the month after you submitted your application, so once again, starting the application process as soon as possible is better than waiting.

In addition to using the website listed above, veterans and spouses may apply for healthcare benefits at their nearby VA medical center or by calling 1-877-222-VETS (8387).

If you have questions about how to qualify for VA benefits, it may be a good idea to speak with an elder law attorney who is experienced in VA eligibility and qualification. The attorney can assess your situation by examining your income and assets and then recommend different ways to improve your chances of qualifying for the VA benefits available to you and your spouse. Wartime veterans may also be entitled to an additional benefit, known as Aid and Attendance, to cover the costs of long-term care. In many cases, additional planning with an elder law attorney is necessary in order to legally fall within the VA’s income and asset guidelines.

If you want to learn more about qualifying for VA benefits, or if you are currently in the process of applying for VA benefits and would like some advice, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

Long-Term Care Insurance and Alzheimer’s

We all know that long-term care is expensive, especially when specialized care for diseases like dementia and Alzheimer’s is needed. On average, a person can expect to pay $8,00 - $10,000 a month for a stay in a typical care center, without adding any extra costs for specialized dementia care. This is why long-term care insurance was created, but unfortunately, in most cases, it will not cover all the care required.

One common misconception is that long-term care insurance protects against the high costs of skilled, dementia, and other long-term care centers. The reality is that long-term care insurance policies usually have many restrictions and requirements attached to them and typically only cover a small portion of long-term care costs. This protection may even come out to less than the cost of the long-term care insurance premiums that have been paid over the years.

Another fact that many people often miss is that most patients, even those with dementia, only stay at long-term care centers for six months or less. This is a much shorter amount of time than long-term care insurance companies would have you believe. In fact, the vast amount of care that Alzheimer’s patients receive is at assisted living care centers that are designed specifically for dementia patients, but most policies will not cover the costs of these assisted living care centers either. Perhaps the most troubling concern is that when seniors and dementia patients need coverage the most, they often cannot afford to continue making premium payments.

While it probably does not pay to get a long-term care insurance policy for a loved one showing signs of dementia, it may be a good idea in certain other situations. If there is a family history of dementia or Alzheimer’s, then getting a policy at an earlier age may be advisable as long as it makes financial sense. Most financial experts agree that long-term care insurance premiums should only amount to about 5% or less of your monthly income. But again, keep in mind that your income will drop and your premiums will rise as you age. A financial planner and experienced elder law attorney can work together with you to determine if a long-term care insurance policy is right for your situation.

If you want more information on the pros and cons of long-term care insurance, or if you currently have a long-term care insurance policy and want it reviewed for your situation, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

Ohio Elder Law Attorney: What are the Warning Signs of Dementia?

Dementia is one of the most devastating conditions affecting seniors, resulting in an eventual loss of cognitive functions. While there is no cure for dementia or the two leading diseases that cause dementia, Alzheimer’s and Lewy body dementia, there are treatments that can slow the effects and help make life more manageable. In order for these treatments to be effective, dementia must be caught early. That is why Ohio elder lawyers want people in the community to know some of the more common warning signs of dementia.

Memory Loss

The most well-known component of dementia and perhaps the most devastating to families is memory loss. There is nothing more painful than watching a senior slowly fail to recognize grandchildren, children, or even a spouse. However, this level of memory loss typically occurs during the end stages of the disease. Early on, short-term memory loss is a key warning sign for dementia. A senior forgetting where they placed their keys or phone or what they had for breakfast earlier in the day are some of the things you should be on the lookout for.

Confusion

Confusion usually goes hand-in-hand with memory loss – if a senior with dementia cannot quite remember a family member or acquaintance, they will often become confused or agitated. Constant repetition fits in with confusion and memory loss, as seniors suffering from dementia will often repeat things they’ve said minutes after they’ve just said them. And, in addition to simply forgetting where they put something like keys or a phone, the senior may place those items where they don’t belong, like the refrigerator or the oven, and then forget they put them there in the first place.

Personality and Mood Shifts

Dementia can have a serious effect on a senior’s mood ranging from depressive episodes to drastic personality shifts. Dementia is a cognitive impairment which affects one’s judgment, meaning it can cause a senior to act very differently than they have in the past. Monitoring mood and personality for shifts and changes is a good exercise if you suspect a senior to have dementia.

Difficulty with Directions

If a senior is starting to get lost more and more often while driving, it’s a warning sign that they may have dementia – and that the car keys should be taken away. Getting lost in familiar neighborhoods and not knowing where familiar landmarks are located are key warning signs. Situations where the senior has difficulty following directions related to a task or job should also raise a red flag.

If you are currently caring for a senior who has dementia, or if you have seen some of these warning signs in an older family member, please contact us at 877-653-3450 to set up a consultation with our Ohio elder law attorneys to find out what options you have for approaching this disease and how to get your loved one’s affairs in order before he or she loses the ability to sign legal documents.   

Ohio Elder Lawyer: How to Protect an Older Loved One from Financial Abuse

We know that criminals and scam artists target the elderly; they are vulnerable, and con-artists prey upon them hoping for a large payday from a senior who has accumulated wealth over his or her lifetime. Our Ohio elder lawyers have outlined various steps that can be taken to protect your older loved ones from financial scams whether they come from near or far.

First, you can arrange for account oversight. This means assigning someone trustworthy to help the senior manage his or her financial affairs and keep an eye out for fraudulent activity. Creating a Power of Attorney is a good idea in this situation as it allows someone else to manage the senior’s money without taking any ownership of the accounts in question.

Second, you can set up a living trust which is a legal tool used to protect a person’s assets and allows someone else, called a trustee, to manage assets on the senior’s behalf when necessary.

Third, make sure to watch the Caller ID and the mail. Are there certain charities or “non-profits” that keep calling or mailing? A scam artist could be using this guise to build a “friendship” with your older loved one.            

Fourth, consider utilizing credit monitoring services that the senior’s credit card companies offer and, if possible, limit the amount a senior can spend with pre-paid cards or spending caps.

Last, but not least, consult with an Ohio elder law attorney to discuss your plan to legally establish who can help your loved one with financial management. There’s no way to completely stop financial abuse, but with observation and planning, you can make yourself and your family less vulnerable. If you have questions about how to make this happen, we invite you to contact our Ohio elder law firm at 877-653-3450 to schedule a consultation.

Are You Noticing Changes in an Older Loved One? Here’s How to Help.

Baby It’s Cold Outside!

Are you noticing any concerning or alarming changes in your older loved ones over the Winter months?

The Holidays and the Winter months that follow can be a challenging time for all of us.  It sometimes happens that we begin to notice some initially concerning changes in our loved ones during this time.

You may also be concerned about some of the physical or mental changes that you noticed during the Holidays or as the weather affected your family member’s ability to get out which might indicate that your loved one’s health is in decline or that his or her ability to live at home may be in jeopardy.

Maybe mom or dad seemed confused or had trouble remembering basic things. Perhaps you noticed that your older loved one was having a hard time getting around, is struggling with his or her hygiene, or appears to be in pain. Or, maybe you’ve noticed some changes in yourself that have you concerned for the future.

It’s often during the holiday season and following winter months when families are faced with the frightening reality that someone they love needs help.

If this is a situation that you are currently grappling with, we want you to know that we are here to support you.

Each family situation is different, and we can help you create a unique plan that ensures your older loved one is well taken care of, that your family can afford any long-term care expenses that are not covered by Medicare or private health insurance, and that your older loved one stays as independent as possible for as long as possible.

Those planning strategies include:

• Creating necessary legal documents for the protection and care of a loved one such as Wills, Trusts, Powers of Attorney, and Healthcare Directives.
• Accessing public benefits such as Medicaid or Veteran’s Aid & Attendance to pay for long-term care.
• Mapping out what kind of care your loved one wants or doesn’t want—including what quality of life and independence means to them so that their wishes are honored, and your dignity is preserved.
• Developing legal and financial plans to help care for a loved one with a disability comfortably at home.
• Developing and implementing plans for placing a loved one in a desired senior community, assisted living community, or long-term care center.
• Legally protecting assets for the benefit of children or a healthy spouse still living at home.
• Determining the best legal and financial strategies to meet the family’s goals on both a short-term and long-term basis.

 

If we can help you get started, just call the office at 877-653-3450 and ask to schedule a consultation.

There’s no stress or pressure to move forward with legal services at this meeting; it’s simply an opportunity for you to ask your questions, learn your options for long-term care here in Ohio, and gather your facts so you can make decisions from a place of knowledge and empowerment.

We look forward to helping you map out a plan that gives you and your family confidence and peace of mind.

How Alzheimer’s Patients Can Spend Down for Medicaid

Seniors suffering from Alzheimer’s require a significant amount of care as the disease progresses and will typically need to receive care at a specialized dementia facility. This type of care can quickly drain resources, but it can also be covered by Medicaid. However, since Medicaid is a needs-based program, qualifying for benefits can be difficult if applicants own too many assets. Additionally, applicants may be disqualified if they made any asset transfers during the 5-year look-back period. Luckily, there are ways to reduce assets through qualified spending to ensure your loved one receives Medicaid benefits and the care they need at a specialized dementia care center.

Non-Countable Assets

Certain assets are considered “non-countable” for Medicaid eligibility determinations. These assets include a home, one vehicle, various personal and household items, any real property that is valued up to $6,000 and currently in use, and some retirement accounts and insurance policies. If you think that purchasing non-countable assets is something you’d like to pursue as part of your spend-down strategy to get care for your loved one with Alzheimer’s, you should contact an elder law attorney experienced in Medicaid law to help determine what kinds of non-countable assets you should buy.

Annuities

Buying annuities is a good strategy for a husband or wife who is spending down to get their spouse with dementia qualified for Medicaid, but it should be done with the advice of an attorney who’s well-versed in the strategy. An annuity can be purchased by the spouse suffering from Alzheimer’s in one lump sum that guarantees the healthy, or community, spouse receives a fixed income for a certain amount of time. Since spousal income is not a countable asset in terms of Medicaid eligibility, this is a great strategy for safely spending down assets; however, it must meet the annuity requirements set by federal Medicaid law.

Pre-Paid Burial Plots

In Ohio, pre-paid burial costs are allowed as part of a qualified spend down. Ohio allows Medicaid applicants to pre-pay up to $1,500 in burial costs or hold the funds in a separate burial fund to cover other funeral expenses. Any interest accrued in the burial fund is also considered a non-countable asset for Medicaid purposes. Again, it is best to consult with an elder law attorney to determine if a pre-paid burial plot or fund is a good option to spend down for your loved one’s care.

If you’d like more information about spending down to help your loved one with Alzheimer’s qualify for Medicaid, or if you’d like to have your current situation reviewed to prepare for any future care needs, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

Ohio Elder Law Attorney: Legal Planning for Unmarried Senior Couples

Many senior citizens become close with a partner, oftentimes after the passing of a spouse, but do not want to make a commitment to marriage right away. Companionship may be all they’re seeking, or they don’t want to tackle the daunting task of blended family planning.

Whatever the case, these unmarried partners are usually closely involved with each other’s lives and may want the other to have a say in certain financial or healthcare decisions both before and after death. As many unmarried senior couples have unfortunately discovered, though, partners have no legal standing to manage affairs or inherit property if their loved one becomes incapacitated or dies. Unmarried couples cannot make financial or medical decisions on each other’s behalf without the proper legal documentation, and without a last will and testament, the laws of succession direct that property held by a deceased individual must go to their closest surviving relatives, typically parents, siblings, or children.

With all this being said, there are some legal planning strategies that can help you and your partner care for each other and even leave something behind to them after you pass. An experienced Ohio elder lawyer can draft designation documents, such as a power of attorney and living will, that allow unmarried couples to make financial and medical decisions for each other. An attorney can also draft a last will and testament that determines what should happen to your assets and property after you’ve passed away.

There are also some asset protection strategies that an elder law attorney can advise you about, including naming your partner as the beneficiary on solely-owned financial accounts, retirement accounts, and insurance policies. By naming your partner as a beneficiary of financial accounts and policies, or even owning property jointly, you and your partner can avoid the probate process on those assets and property. Again though, it is important to speak to an elder law attorney to address any concerns you, your partner, and your families may have before committing to such a plan.

If you have any questions about planning for yourself and a senior partner, or if you and your partner would like to have your current plan reviewed to make sure it still fits your situation, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

Patients’ rights at long-term care centers in Ohio

Entering a long-term care center is a difficult process for patients and their loved ones. Not only do they have to contend with the reasons that led them to the center and emotional toll such a stay can have on a family, but they must also consider how to pay for the care and what will happen if they cannot afford it. This last piece is one that keeps patients and loved ones up at night.

However, patients at long-term care centers gain certain rights to protect them in addition to their rights as citizens of the United States. Patients’ rights address concerns such as the type of care and medication they receive as well as which doctors may treat them. Patients are also guaranteed a certain level of privacy concerning their treatments and other personal issues while their religious beliefs and civil liberties are also taken into consideration.

Most importantly, however, patients have rights concerning their discharge or transfer from one long-term care center to another. Patients are protected from discharge or transfer unless the following conditions are met:

• The care center can no longer provide the standard of care needed by the patient
• The patient no longer requires the level of care provided by the long-term care center
• The long-term care center goes out of business
• The patient did not pay for their care either through private pay, Medicare, or Medicaid

This last point is a concern to most patients and their loved ones, but there is a way to avoid being discharged from a care center in this case. First, a reasonable amount of time must pass before a patient is allowed to be discharged due to non-payment, which means that a patient will not be refused service immediately. This gives family members time to speak with an experienced elder law attorney to determine the correct strategy to find, get, and pay for the care needed. During this time, the elder law attorney can assist in qualifying for benefits such as Medicaid or VA Healthcare and can also help come up with alternative plans..

If you have more questions about your rights as a patient at a long-term care center in Ohio, or if you’re currently in a situation where a long-term care center is trying to make a loved one leave the facility, please contact our Ohio elder law office at 877-653-3450 to schedule an initial consultation.

 

Guardianship Laws and Dementia Patients

Guardianship cases for loved ones suffering from dementia can be complicated and expensive, especially without the help or advice of an experienced Ohio elder law attorney. Each guardianship case must go through the court system, but proper planning can help the process go smoothly.

How to Establish Guardianship for a Senior with Dementia

Courts can establish the guardianship of seniors with dementia following a long court process. The process includes petition filings, court fees and hearings, background checks, and interviews with the proposed guardian. When establishing guardianship, courts generally stick to a standard of what is in the best interest of the senior, since that is the most important aspect of the guardianship. 

The Appointment of Guardians

One of the reasons proper planning is important is because the senior can provide their own choice of legal guardian. This is often done in a legal document where the senior can choose a guardian for their financial concerns and a guardian for their health care decisions – often, this is the same person for both, but there are occasions when separate people are named. In addition, backup guardians may also be named in case there is an issue with the first choice. While the court ultimately appoints guardians they deem to be in the best interest of the senior, providing your wish for a guardian can help convince the court to appoint that person.

Competency Issues

As noted above, a senior can name their own guardians in their elder care plans. Ideally, this will happen before dementia has set in. However, if the senior has already been diagnosed with dementia, it’s imperative to seek the advice of an experienced elder law attorney as soon as possible. The attorney can determine if the senior is competent to make planning choices, even if the competency comes and goes from time to time. If not, the choice of who will serve as the guardian will be entirely up to the judge presiding over the case.  

If you have any further questions about guardianships for seniors suffering from dementia, would like to set up a plan for a loved one who is in the early stages of dementia, or if you’re currently involved in a guardianship proceeding and would like advice to get the best possible outcome for your loved one with dementia, please set up an appointment at our Ohio elder law office by calling 877-653-3450.