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kmchugh@la-lawcenter.com

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Attorney
asmyser@la-lawcenter.com

 

All legal work is exclusively provided by The LA LAW Center, which is licensed to practice law in the State of California only.

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Los Angeles Elder Law Attorney
Burbank / Glendale Estate Planning Lawyer

“Failing to plan is planning to FAIL.” - Alan Lakien

Elder Law News & Related Articles

“Whether you are a Mother, Father, Son, Daughter, Senior Citizen, Business Owner, Doctor, Lawyer or Indian Chief…

LA LAW Elder Law Attorneys wants to ensure you have  important elder law and senior care  news and information about protecting your assets, Everyone needs to understand how to protect themselves, their money, their family and their legacy!”

This is a web page dedicated to articles about important issues for those that are facing the fact that AGING HAPPENS, and we all have to learn how to best deal with Elder law and Elder care issues.  We hope you take some time to scan through these articles for items of interest to you. If you find an article that you wish to share, please send it or the link to kmchugh@la-lawcenter.com.

We will update this site quite often so check this site frequently!

 

Scam Alert: Taking Aim on Old Soldiers


By Sid Kirchheimer from AARP Bulletin

At community centers, nursing homes and assisted living facilities, their spiel to older veterans goes something like this: We can get you instant eligibility for additional benefits through a quick overhaul of your investments. These self-described "veterans advocates" are in fact unscrupulous investment advisers.

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Alzheimer's takes toll not only on Sufferers,
but on Caregivers, Families


By Kathy Tuckey -Services Director for the Alzheimer's Association, Augusta Region

Alzheimer's disease is an epidemic. More than half of all Americans now know someone with Alzheimer's. Almost 30 percent of Americans have a family member with the disease.

MARIA SHRIVER and the Alzheimer's Association recently released The Shriver Report: A Woman's Nation Takes on Alzheimer's Disease. This groundbreaking report reveals the epidemic's effect on women as caregivers, advocates and people living with this disease.

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4 Key changes to Medicare Drug Coverage for 2010

By Kimberly Lankford, Contributing Editor, Kiplinger's Personal Finance

Here's what to look for when reviewing your Part D options during open enrollment this year.

Should I consider changing my Medicare Part D plan during open enrollment? Will there be many changes to Part D prescription drug plans for 2011?

Yes to both questions. New coverage rules, rising premiums and co-payments, the elimination of some popular plans, and the introduction of some intriguing new competitors means it is particularly important that you review all of your Medicare Part D options this year. You have from November 15 to December 31 to pick a Part D plan for 2011.

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Who's Preying on Your Grandparents?

By Gretchen Morgenson - The New York Times

Back in February, Jose and Gloria Aquino received a flier in the mail inviting them to a free seminar on one of their favorite topics: protecting their financial assets. As retirees, they were always on the lookout for safe investment strategies as well as tips on how to make sure they didn't outlive their savings. Besides, the flier promised a free lunch for anyone attending the workshop, so what did they have to lose?

Potentially plenty, they would soon discover.

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Finding an Elder-Care Lawyer

Elder-care attorneys often provide a range of services, from estate planning to health-care benefits. Try to hire one who suits your needs

Adam Swidler, a product marketing manager at Google (GOOG) in Mountain View, Calif., had the all-important caregiving talk with his father two years ago. He figured the conversation had covered the bases, namely his dad's wishes in the event of a medical crisis. But when his 76-year-old, divorced father became incapacitated from a stroke in March, Swidler found out how wrong that assumption had been.

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Memory Lapse or Alzheimers?
Multi-Tasking Fuels Forgetting

SAN DIEGO — Those twinges of forgetfulness that appear to be getting more pronounced may worry you. After all, the statistics are scary: Every 70 seconds, someone in the USA develops Alzheimer's. But every lapse isn't a signal that your memory is kaput.

Cheryl Edwards-Cannon, 57, says she relies on Post-it notes and spiral notebooks to help her remember, since she's multitasking "the majority of the time."

Edwards-Cannon, of Belmont, Mich., is married and works for a company that manages charter schools. She travels 10 to 15 days a month. She also oversees care of her father, who is in assisted-living, and her mother, who suffers from dementia and requires a different place, four miles from her father's.

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Americans Lack Basic Estate Plans

Half of Americans don't have any of the most basic estate planning documents, including a will, a living will and financial and medical powers of attorney, needed to protect them (and their assets) if they're incapacitated, according to a new survey. The national telephone survey of 1,022 adults, conducted in December by Harris Interactive for Lawyers.com, a unit of Reed Elsevier, found that many of those who had done no planning were deterred by the legal cost and mistakenly believed that those without large assets didn't need to plan.

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Why The VA Frustrates Vets

Segment from January 3, 2010, focuses on the problems getting claims through the red tape at the Veterans' Benefits Administration.

NOTE from Larry Scott, VA Watchdog dot Org ... Following is the print version of the 60 MINUTES segment on the Veterans' Benefits Administration.

60 Minutes: Two Wars Are Slowing The Large Bureaucracy, Delaying Benefits

Watch the video here

(CBS) There is a sacred tradition in the military: leave no one behind on the battlefield. But many veterans are beginning to believe their country has left them behind at home, once they're out of uniform and in need of help. That help is supposed to come from the Department of Veterans Affairs and the financial compensation it gives to veterans disabled by their military service.

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Book Review: How to Care for Aging Parents

Virginia Morris. How to Care for Aging Parents. Workman Publishing Company, Inc. New York, NY. 2004. 691 pages.

$12.89 from Amazon.com (click to order)

As your parents age, their needs begin to change. How to Care for An Aging Parent -- a revised and greatly expanded edition of a book first published in 1995 -- can help you deal with these changes as they occur. The book is a comprehensive look at almost every issue you might encounter as your parents age, whether they are living on their own, with you, or in a nursing home.

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When Elder Care Problems Escalate,
You Can Hire an Expert

CARING for an elderly parent is emotionally and mentally draining. There are diagnoses to decipher, housing issues to consider, health aides to vet and a raft of legal documents to complete. It can seem overwhelming, even when families are in complete agreement on how to care for an elderly relative. And often they are not.

Last week, my colleague Walecia Konrad offered advice on how to find "respite care" - someone to temporarily help you tend to an elderly parent or loved one so you can have some time for your own life. This week, I am writing about what to do when you feel the situation calls for the equivalent of a case worker.

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New Medicare Law Change May Enable People to Get "Extra Help" Paying for Drug Costs

A change in the Medicare law should make it easier for many Americans with lower income to obtain extra help in paying for their Medicare prescription drugs.

The extra help program currently provides assistance to more than nine million senior and disabled Americans -- saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov/extrahelp.

The Social Security Administration and Chubby Checker, the rock and roll legend, launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs.

Read More

 

 

What’s in Your Parent’s Wallet?
(And What That Means for You)

Taking stock of your elderly parent’s financial situation usually requires initiating a potentially uncomfortable discussion--money matters are a touchy subject, especially when family comes into play. Elderly parents are often reluctant to share control of their finances. It may be simply that they just don’t know the details surrounding the state of their finances. No matter what the situation, try to include your parents in managing their finances. Eliminating their involvement may prove to be psychologically debilitating to them, as it can feel like a loss of control.

Show your acknowledgment and concern by sharing and exchanging information with your parents. This open dialogue will help with difficult decisions or changes that might need to be made. Oftentimes, an objective third party can help gather the necessary information without the intimidating family interplay.

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Nursing Home Rating Tool Launched

We’ve been following the widespread issue of nursing home abuse for some time. The former Bush administration finally published the names of 131 of the nation’s worst nursing homes. Now, says the Wall Street Journal, the federal government is increasing efforts to improve nursing home care by implementing an evaluative Web-based tool.

The Centers for Medicare and Medicaid Services (CMS) will initiate the pilot program this summer to track how cash incentives to nursing homes improve care, specifically in nurse staffing and preventable hospitalizations, said the Journal. The agency also flags those listed as the worst, which has increased to about 135, on the Web site. The most problematic facilities are labeled as "Special Focus Facilities," noted the Journal.

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Ask Medicare- Resources for Caregivers

We want to call your attention to a new video and resource guide featured on Ask Medicare (www.medicare.gov/caregivers). The video tells one family’s story, and highlights programs and resources that benefit and enhance a caregiver’s well-being. In addition, the video and resource guide provide links to services available for caregivers and care recipients through the HHS Administration on Aging, HHS Centers for Medicare & Medicaid Services and other state and local programs.

To view the video and download the resource guide, go the Ask Medicare site and scroll to the bottom of the page.

Or simply click here for the video:

and click here for the Resource Guide:

Ask Medicare is CMS’ website for caregivers. It is as easy as logging onto www.medicare.gov/caregivers to help a friend or family member choose a drug plan, compare nursing homes, get help with billing, find local resources, and more!

 

Holiday Blues - Depression in the Elderly

The holiday season is quickly coming upon us. If you are a caregiver for an elderly loved one, you may notice a change in your loved one's mood as the holidays approach. Perhaps you are one of many, who visit elderly parents and family during the holidays who live a distance away. When you visit you may notice that loved ones are not as physically active, or they show symptoms of fatigue or sadness and have no interest in the holiday or in their surroundings.

According to the National Institutes of Health; of the 35 million Americans age 65 or older, about 2 million suffer from full-blown depression. Another 5 million suffer from less severe forms of the illness. This represents about 20% of the senior population -- a significant proportion.

Read More

 

 

Caregiving Stress
Hazardous to Your Health and Sometimes Deadly

UNDERSTANDING CAREGIVER STRESS
A 2003 study of caregivers by a research team at Ohio State University has proven the off-repeated adage "stress can kill you" is true. The focus of the investigation was the effect the stress of caregiving had on caregivers. The team, led by Dr. Janice Kiecolt-Glaser, reports on a 6-year study of elderly people caring for spouses with Alzheimer's Disease. The study not only found a significant deterioration in the health of caregivers when compared to a similar group of non-caregivers but also found the caregivers had a 63% higher death rate than the control group.

The demands on a caregiver result in a great deal of stress. It is often observed in aging publications that stress can induce illness and depression. The resulting poor health can further decrease the effectiveness of the caregiver and in some cases, as proven by the study mentioned above, even cause premature death.

Read More

 

 

Retirement Benefits: What to Expect in 2010

By Emily Brandon , On Monday December 21, 2009, 12:16 pm EST

In most years, retirement benefits increase to keep up with inflation. But 2010 will be far from typical. Because of a drop in the consumer price index, government payouts and tax incentives to save for retirement will generally stay the same. At the same time, out-of-pocket retiree health costs, especially for prescription drugs, will continue their steady climb. Here's a look at what will happen to retirement benefits in 2010.

No Social Security increase. Monthly Social Security checks for most beneficiaries will not increase in 2010. Retirement payouts are tied to the Consumer Price Index for Urban Wage Earners and Clerical Workers, which fell between the third quarter of 2008 and the third quarter of 2009. Next year will be the first without a Social Security increase since cost-of-living adjustments went into effect in 1975. (There is a chance of a change, though; several bills to give retirees a raise are being considered by Congress.) The maximum amount of earnings subject to the Social Security tax will also remain the same at $106,800.
[See America's Best Affordable Places to Retire.]

Higher Medicare Part B premiums for some. Most current Social Security recipients will continue to pay $96.40 each month for Medicare Part B medical insurance, the same amount as in 2009. But for new enrollees, Medicare Part B monthly premiums will be $110.50, a 15 percent increase from 2009 prices. Retirees with incomes greater than $85,000 ($170,000 for couples) also will pay higher premiums, ranging from $154.70 to $353.60 each month, depending on the income reported on their 2008 tax return.

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Medicare rules give full hospital benefits
only to those with 'inpatient' status

By Susan Jaffe, Kaiser Health News

After Ann Callan, 85, fell and broke four ribs, she spent six days at Holy Cross Hospital in Silver Spring. Doctors and nurses examined her daily and gave her medications and oxygen to help her breathe. But when she was discharged in early January, her family got a surprise: Medicare would not pay for her follow-up nursing home care, because she did not have the prerequisite three days of inpatient care.

"Where was she?" asks her husband, Paul Callan, 85, a retired U.S. Army colonel. "I was with her all the time. I knew she was a patient there."

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Early Alzheimer's Diagnosis is Crucial

By Mary Brophy Marcus, USA TODAY

BALTIMORE — It's painful to watch Peter Kenney take a memory test.

"Can you tell me what year it is?" asks Alyssa Bergey, a research assistant at the Memory and Alzheimer's Treatment Center at Johns Hopkins Hospital

Kenney's brow wrinkles in thought, but after a minute, confusion clouds his eyes and he shakes his head.

"How about what season it is?" she presses on. "The month?"

Kenney, 78, thinks on it a while, then shakes his head.

"Today's date?" she asks.

"Today's date I don't know," his soft voice murmurs.

He rubs his head and says, "It's baffling."

Bergey pulls objects one at a time from a box and asks him to identify them: a baby's rattle, a stethoscope, a comb.

No, no and no.

She asks if he knows where he is today. "Do you know what state you're in?"

He replies, "A state of confusion." And the tension in the room breaks.

Read More

 

We are highly experienced and caring attorneys that have earned an excellent reputation as trusted California Estate Planning Attorneys, Elder Lawyers and Business Attorneys - serving Los Angeles County in Asset Protection, Probate, Wills, Living Trusts, Special Needs Trusts, Irrevocable Trusts, Charitable Remainder Trusts, Conservatorships, Guardianships, Medi-CAL Qualifications, Veterans Benefits Planning, Disability Planning, Business Formations, Contracts, Business Law.

Our clients are business owners, individuals and families located in Southern California, including the cities of Burbank, Glendale, Pasadena, North Hollywood, La Canada, La Crescenta, Sherman Oaks, Van Nuys, Hollywood, Encino, Woodland Hills and many other areas and the counties of Los Angeles, Riverside, San Bernardino, Ventura, Santa Barbara, as well as the valleys of San Fernando Valley, Santa Clarita Valley, San Gabriel Valley. We have successfully represented and assisted clients in Central and Northern California, as well as helping individuals in cities throughout the United States that have family members or business interests in California, with legal needs.

 
 
 
 

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