KalishLawTexas' legal blog The Woodlands

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20 Dec 2011

Assisted Living Resources Online
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In previous blog posts, I have written about resources that are available to help elder family members. The previous blog posts discussed how to best communicate, how to find AARP resources, hospice care, Meals on Wheels, Alzheimer Resources, and contained other important links. Another online resources is the web publishing company Assisted Living Today.

After the publication of the last blog post, a reader who works with Assisted Living Today (an online web publishing company) contacted me and gave me permission to share the informational guides on that website with our readers.

In September, 2011, the site posted an infographic about nursing home closures in the U.S. which shows a visual breakdown of the impact of the growing elderly population and diminishing available nursing homes.

That site contains a lot of information, including an Assisted Living Care Guide

And additional guides:

• Memory Care Guide
• Nursing Home Guide
• Care Home Guide
• Independent Living Guide

Decisions regarding a loved one's care are difficult to make and the choices and options may seem overwhelming. Having access to information and resources is important in making the best choices.
Thank you to Katelyn Roberts, Assisted Living Today. Disclaimer: Kalish Law Office is not associated with Assisted Living Today and did not receive any compensation for this blog post. Kalish Law Office does not endorse Assisted Living Today and has not reviewed the content of Assisted Living Today for accuracy. This blog post is merely presented as an informational option to assist our readers in gathering information.

Kalish Law Office is located in The Woodlands, Texas, north of Houston. “Passionate, Professional and Personal. We Make the Difference.” Since 1984 www.kalishlawtexas.com 281-363-3700
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4 Dec 2011

Terminally Ill and Needing a Will
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When someone has a long, serious, or terminal illness, it may be necessary to make non-traditional arrangements. Some law firms are willing to send a lawyer or paralegal to visit an individual who is in a hospital or nursing home or is unable to leave their house. This allows the person who is ill to meet with a lawyer to draw up a will, powers of attorney or other documents.

Persons who are ill or recovering may be unable to fully relax if they are constantly worried about legal details.

If you or someone close to you needs this type of assistance, here are some important things to keep in mind:

1.   When looking for a firm to help you in this way, choose an attorney who is familiar with wills, trusts, and probate law, and is in your geographic area.

2.   Call or email the firm to ask about these services

3.   Be aware that there may be an additional fee for this travel, and ask about it up front.

4.   If any documents are going to need witnesses, you may need to provide the witnesses. There are certain legal restrictions as to who will be allowed to serve as witnesses. (In general- do not plan on using anyone who has a financial interest in the person’s estate, or who is a health care worker in a facility treating them).

5.   Be courteous! If the person who is ill is affected with something that is or might be contagious the legal staff has a right to know before agreeing to come.

6.   Try to make these appointments as much as advance as possible, especially during the holiday season.

7.   Understand that the attorney’s “real client” will be the person who is having the will drawn up, and the attorney owes that client a duty.

8.   Most importantly: a person who is going to sign a legal document must have what is called “legal capacity”. They have to understand what they are doing. If they are extremely ill or under heavy medication, it may be already be too late to sign a will or other legal document. If that is the case, an attorney can explain what other options are available, or how the person’s affairs can legally be handled.

Many times throughout the years I have heard people say that their loved one who already passed could not have a will drawn up because they didn’t feel well enough to travel to a law office. That is sad, especially if the deceased spent his/her last weeks worrying about something that could have been remedied.   Remember: as long as the person has the mental capacity necessary, the inability to travel does not necessarily have to prevent him/her from being able to put last wishes into effect.

The attorneys at Kalish Law Office have been representing clients in the areas of wills, trusts, and probate for over 27 years.   We are located north of Houston, Texas in The Woodlands and can be contacted at http://www.kalishlawtexas.com 281-363-3700.
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9 Aug 2011

Caring for your aging parents
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Caring for aging parents presents a variety of challenges. Due to changing times and financial concerns, it is more important than ever to have a plan. Here are some situations in which you may find yourself:
1. Your parent(s) have planned for their retirement years and have adequate assets, and presently do not need any assistance with day-to-day activities or finances, but you are beginning to be concerned for the future.
2. Your parents(s) have some resources, and maybe even have a plan, but you don't know the details and believe they may run out of assets while having serious medical needs.
3. Your parent(s) have no assets, very limited assets, or adequate assets but poor physical health and you are definitely going to need to be involved with their physical and/or financial care.
Here are some challenges that may arise:

1.      Siblings or Lack of Siblings: If you have siblings, there may be disagreement between you as to how to handle the situation. It is also common that parents fear showing favoritism and so they seek to avoid naming an executor, granting a power of attorney, and so on, even if they feel they need to.   Siblings may avoid discussing the subject with the parents, or with each other, for fear of seeming dominating, or greedy. “Only” children have a different set of problems, especially when a parent lives far away, and even more so if the parent is alone. Onlies have no siblings to lean on or to ask for help and so they are often at a loss as to how to negotiate a parent’s aging issues.

2.      Trust issues: There may be longstanding trust issues between parent and child. Or a reluctance on the part of the parent to see the child as a capable adult. There are also some physical ramifications of aging in some people, such as early Alzheimer’s disease and other brain-related conditions, that actually cause a lack of trust, or outright paranoia. It is therefore difficult or impossible to have a meaningful dialogue about health and financial issues with a person who cannot trust.

3.      Fear of the loss of independence leading to procrastination: Older adults often find that it is difficult to even discuss anything that has to do with a loss of independence.   This often leads to procrastination about planning for the future. Middle-aged or younger people have difficulty with this, get frustrated and sometimes feel that getting aggressive about decision-making is the only option. This can lead to even more resistance on the part of the older adult.

What Can you Do and How Can an Attorney Help?
1. If your parent is willing, you can help him/her find a qualified estate planning attorney or elder law attorney. Your level of involvement will depend on your parent’s physical health and willingness/ability to be involved in such discussions. Your “help” may consist of nothing more than finding an appropriate attorney and giving the name and phone number to your parent, and/or driving him/her to the appointment and sitting in the waiting room. Your parent may also request more or less involvement from you than what you feel comfortable giving but having some knowledge about the situation may relieve some of your worry.
2. You can see an attorney yourself. If you have concerns and want help with how to deal with the situation of an aging parent, you can see an attorney on your own. The attorney will guide you through the most common legal concerns that arise in these situations; for example: What are general powers of attorney and is one recommended? What are the considerations for health care powers of attorney and other related documents? What about medicare / Medicaid planning? What options are available for early distribution of real property or personal property to beneficiaries and what are some possible problems with this strategy? Is it desirable to try to avoid probate?
3. It is often easier to discuss difficult issues in front of a third party. Whether the third party is an attorney, financial planner, family doctor or therapist, people often find that the professional office is a “safe place” to respectfully voice their concerns, questions and fears.
4. An attorney can guide you to other resources. An attorney can help you find available social services, literature, websites, and other professionals that are beneficial to the journey that you are on with your parent. Your parent’s situation may require a “team effort” and a qualified elder care attorney can be part of that team.
Kalish Law Office in The Woodlands / Spring Texas has been helping older adults and their families with estate planning issues since 1984. We are passionate about assisting our clients in this legally and emotionally difficult area in a competent and respectful manner. We look forward to assisting you and your family with creating a viable future plan to ease some of the inevitable concerns and potential conflicts that arise in this area of law. 281-363-3700
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KalishLawTexas' legal blog The Woodlands

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20 Dec 2011

Assisted Living Resources Online

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4 Dec 2011

Terminally Ill and Needing a Will

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9 Aug 2011

Caring for your aging parents

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