If you have elderly parents, you may sometimes wonder if momentary lapses of memory are a sign of a larger problem, like Alzheimer’s disease.  It’s easy to ignore eccentric behavior or momentary lapses in judgment. But the sooner Alzheimer’s is diagnosed, the sooner possible treatment can be started, and the sooner long-term planning can start. What should you watch for?

• Difficulty finding the right words, or confusion over the meanings of words
• Lapses in memory
• Struggling to complete familiar or commonplace activities
• Dramatic changes in personality or moods
• Misplacing items
• Reduced judgment and reasoning skills
• Difficulty with abstract thinking or theoretical concepts

Some of these indicators may be subtle at first, and you may hesitate to step in out of concern over making them feel embarrassed or upset.  Keep track of the signs, and if a pattern starts to appear, step in.  Have a physician evaluate your loved one.

While the conversation may make both of you uncomfortable, ignoring the problem will be much worse. And take the opportunity to talk about making longer-term plans for handling financial matters, for estate planning, and for other practical considerations.  Again, waiting is likely to be the worst thing either of you could do.

Mark S. Eghrari & Associates, PLLC is a member of the American Academy of Estate Planning Attorneys.

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Finding a life partner is wonderful no matter what your age, which is why many people marry late in life. But there are a few legal considerations to keep in mind; since marriage can automatically change what will happen when one of you passes away:

1. Your home may pass to someone other than you intend.  If you intended to leave your house to your children, that may not happen since your spouse will have ownership rights.
2. Your spouse receives at least a portion of your estate automatically, unless your estate plan is amended to take into account your marriage (and any new intentions).
3. Social Security benefits may change, since remarriage can affect the benefits you or your spouse may have received from a former spouse.
4. If you currently receive alimony, that will end when your remarry (and sometimes if you only live together.)
5. Your new spouse will be responsible for long-term care costs – and you for long-term care for your new spouse.  You may decide to purchase long-term care insurance.

Marriage automatically creates at least a few financial and estate planning issues; call our office to revise your estate plan if you remarry or experience any other major life event.

Mark S. Eghrari & Associates, PLLC is a member of the American Academy of Estate Planning Attorneys.

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Deciding to place a family member in a nursing home can be an incredibly difficult decision, even though a nursing home is often the best option for someone who requires round the clock care.  When that happens, how do you decide which nursing home is right for your loved one?

While there is no substitute for in-person inspections, objective third-party guidance is also available. Medicare Nursing Home Compare evaluates nursing home quality using a combination of health inspection results, staff data, overall quality measurements, and fire safety.  State inspectors evaluate the care of residents, how staff and residents interact, and clinical records, and also interview some of the residents and their family members about their life in the nursing home. (Keep in mind some assisted living facilities may not be listed, since those facilities fall under different standards.)

Then visit the nursing homes that make your short list. Experts recommend visiting four to six times, unscheduled, at different times and days of the week.  Look for a low patient-to-staff ratio, especially at night.  Ideally there should be one staff member for each six to eight residents.  Check for programs like exercise, activities, outings, and programs tailored to resident needs. Then ask to speak to family members of current residents.

Do your homework – your loved ones deserve it.

Mark S. Eghrari & Associates, PLLC is a member of the American Academy of Estate Planning Attorneys.

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You’ve probably heard all the debate about the recent Health Care Reform laws but what you might not realize is that the new law contains two important provisions that could make paying for long term care just a little bit easier.

The first is a new piece of legislation called the Community Living Assistance Service and Support Act, or CLASS Act for short. The CLASS Act creates a new government-managed savings program similar to Social Security that allows participants to set aside money now for long term care expenses later.

The program is optional, so you can opt-out if you want, and once you’ve contributed to the plan for at least five years, you’ll be eligible for financial assistance. Experts expect the plan to pay about $50 a day to help offset the costs of long term care. Exact benefits and premiums are still being decided by the Department of Health and Human Services.

The program is scheduled to launch in 2011.

In addition to the CLASS Act, the new reform laws also expanded Medicaid, the government-assistance program that covers most nursing home expenses.

This expansion means Medicaid coverage for a large number of seniors that have not been able to qualify in the past.

While the CLASS Act is a possible step in the right direction, it is by no means a complete solution. Only a qualified Estate Planning Attorney can help you craft a complete estate plan to fully protect what you have from the cost of nursing care, probate and taxes.

Mark S. Eghrari & Associates, PLLC is a member of the American Academy of Estate Planning Attorneys.

Visit my website for full links, other content and more!