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      17 Aug 2011

      Practical Advice for Dealing With Senior Adults

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      My last blog post dealt with caring for and helping senior adults, and mentioned some of the challenges that you are likely to encounter.   Now I want to share my review of a book that I discovered.  

      ”How to Say it to Seniors; Closing the Communication Gap with Our Elders” by David Solie (Prentice Hall Press © 2004) is an excellent guide to communicating with senior adults.    I highly recommend this book for anyone who is dealing with senior adults in a family or a business relationship.

       

      Mr. Solie is a speaker and educator. He has a background in finance, and worked for several years with companies that primarily dealt with senior adults. 

       

      The book presents a fresh and honest perspective on the communication gap between seniors and middle-aged adults. 

      We all go through developmental growth / personality development at different periods of our life, he writes.  What is seen too often as a “decline” in older adults can be seen as a normal developmental process. The older person is simply learning to deal with the changes in life, losses, and independence that aging brings.  


      Solie states that “the secret mission” of older adults is to 1) maintain control and 2) leave a legacy.  He suggests ways to allow the person to keep control and dignity while dealing with the changes that the person is going through.  He explains why “trying to help” and explaining things logically (or, what is logical to the younger adult) meets with such strong and sometimes baffling resistance, why an older person’s focused occupation with a certain topic makes sense to them but seems obsessive to a younger person and how to deal with “NO!” 

       

      It is written in a manner that is respectful to all concerned.  The concerns and frustrations of all sides are examined thoughtfully.   Various practical ways to approach common problems are suggested.  Although concerns over the elder’s safety and health are treated as serious, younger adults are also advised that sometimes they just have to “let go” and allow the elder person to choose their path.  The most progress is made when the elder person is allowed to maintain as much control and choice as possible.

       

      Of course there are situations that have progressed to the point where physical, emotional or mental issues have rendered the person a danger to themselves or others and someone must step in immediately and take control.  But even those extreme situations can be helped by a willingness to see things from a slightly different viewpoint.


      I highly recommend this book to anyone who is dealing with older adults. It is pleasant reading, refreshingly honest, and without psychological, medical or legal mumbo-jumbo.  Just good, solid advice.

       

      Kalish Law Office, The Woodlands, Texas.   www.kalishlawtexas.com Wills, Probate and Elder Law. “Passionate, Professional and Personal. We Make the Difference.” Since 1984

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      17 May 2011

      Where Should You Keep your Original Will and Powers of Attorney?

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      The Will:  If you have a signed original will, you will need to keep it in a safe place.  The first impulse that most people have is to put it in a safe deposit box.  This does preserve the document, however it may create a problem if there is no one who is authorized to access the safe deposit box.   If you choose this option, it is best to name someone (in addition to your spouse) as a joint holder.    Having someone in addition to your spouse ensures that there will be a trusted person of your choosing who can get to the contents quickly in case something happens to you and your spouse together.  In the event that you do not have a joint holder, a court order will allow the will to be retrieved by a bank official, but this additional step will add unnecessary expense and delay.  Remember, the purpose of drafting a will and powers of attorney in the first place are to allow YOU to be the one who is directing the course of events and to SIMPLIFY the process.  

       

      If you choose to keep your will at home, make sure that it is protected from fire or flood.  A safe is a logical choice for many people, but make sure that the safe is well hidden and kept away from high heat (not in a hot attic) and the document is protected from flooding (not on the floor in the closet in the laundry room). It is a good idea for your executor and alternate executor to know the location of your will. 

       

      Filing the will in the county is not necessary, although some people still feel better doing so. If you choose this option you should make sure of two things: 1) the will should not contain full account numbers or private information that could be used in identity theft; and 2) if you update your will you need to file the updated will (or notice that you have updated the will) in order to avoid confusion later on.

       

      Some attorneys do keep originals in their offices for their clients, while others do not.  If a will is kept at an attorney’s office it can be difficult to retrieve if the attorney dies, moves, merges with another firm or retires.  There also may be a risk of fire, flood or theft.

       

      Don’t keep old, invalid wills around to confuse the situation.  You can also notify a previous attorney who has drafted a will for you that you are requesting that your old file and copies of the (now) invalid will be destroyed. 

       

      Whether or not to give a copy of your will to your executor, trustee, alternates, and even your beneficiaries is an individual decision. 

       

      The Power of Attorney for day-to-day business; Durable Power of Attorney for Health Care

       

      These documents must also be kept safe and dry, and out of harm’s way.  However, it is even more crucial that they be found exactly when needed, with no delay.  If you are injured and unable to speak for yourself, you want the “agent” you have named to be on the job immediately, coordinating your health care options and possibly taking care of financial concerns.  For this reason, be sure that the person that you have named as your agent knows exactly where to find the originals of these documents. It is also a good idea for them to have a copy, because copies may be accepted in an emergency situation.

       

      Kalish Law Office is located in The Woodlands Texas and assists clients in the areas of estate planning and probate.  281-363-3700  Since 1984.

       

       

       

       

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      19 Jul 2010

      Why Should you Have a Power of Attorney for Health Care? Kalish Law Blog

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      A Power of Attorney for Health Care, sometimes called a “Medical Power of Attorney” is a legal document signed by a person who understands what s/he is signing, while s/he is still able to make his/her own decisions (i.e. is competent). This document allows you to name someone as your agent to make medical decisions on your behalf in the event you become incapacitated and are no longer unable to make your own medical decisions. 

       

      A Medical Power of Attorney is sometimes confused with a similar legal document called an “Advanced Medical Directive” or “Living Will.” While both of these documents pertain to your health care needs, they actually serve different purposes.  The Medical Power of Attorney gives your agent the authority to make medical decisions for you based on his/her best judgment.  In contrast, the Advanced Medical Directive gives your agent the authority to carry out the directions you have provided in advance, in regard to how you would like your medical situation to be handled in the event you could only survive upon receiving artificial life-sustaining treatment.  Additionally, you can specify directions about whether you would allow an autopsy or use of experimental procedures.  This allows you to give instructions to your physicians and family members well in advance. 

       

      Having a written Advanced Medical Directive is also a kind thing to do for your family, because it takes the guesswork out of the situation, making the decision as to artificial life-sustaining treatment less burdensome. Your loved ones will have clear, written instructions, which were signed by you. These directives are helpful to medical personnel and facilities for the same reason.  

       

      Drafting the directive will force you to sit down and decide how you feel about certain issues that people tend to want to put off thinking about.   Once these decisions are made and the forms are signed there is always a feeling of relief and accomplishment.

       

      One very important aspect of both Medical Powers of Attorney and Advanced Medical Directives involves your ability to choose the person or persons who you would like to speak for you (i.e. your agent).  This is especially helpful for persons who are in long-term relationships that are not legally recognized. (For instance long-term partners who are unable to marry or who choose not to marry or persons who are “like parent and child” but have never pursued a formal adoption).

       

      At Kalish Law Office, we have 26 years of experience in estate planning matters, including Medical Powers of Attorney and Advanced Medical Directives, as well as other legal areas which help individuals, families and businesses plan for the future.  At our firm there are attorneys with a background in health care as well as an attorneys and staff who are fluent in both English and Spanish. 

       

      Don’t put off taking care of this important issue!

       

       

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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