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Is It Time for Memory Care: 13 Signs Your Loved One Needs Memory Care

Is It Time for Memory Care: 13 Signs Your Loved One Needs Memory Care

by | May 22, 2023 | Blog, Estate Planning, trust

memory care

Deciding when it’s time to consider a memory care facility for a loved one with dementia is not easy. Not only is this an emotionally charged subject liable to trigger family conflict, but there is no single set of criteria available to guide your decision. Dementia arrives in stages, but no two cases are the same—and every family has different needs.

Whether memory care for dementia is appropriate for your loved one depends on many factors—but it’s not a subject you can ignore. To assess whether it is time for your loved one to enter a memory care facility, ask yourself the following questions:

  1. Have friends or family members commented on changes in their behavior?
  2. Does your loved one often become agitated or combative?
  3. Is your aging relative withdrawn or nervous?
  4. Are their hygiene needs met?
  5. Does your loved one wander?
  6. Are their living conditions safe?
  7. Are their medications properly managed?
  8. Is your loved one well-nourished?
  9. Have you started to feel caregiver burnout?
  10. Is caring for your loved one going well?
  11. Are you feeling resentful towards them?
  12. Is caregiving affecting your own health?
  13. Are you and your family safe?

Subtle changes in behavior are often the first sign that a loved one will soon need memory care, though these changes can be hard for family members to pick up on. Furthermore, aggression and agitation can be dangerous signs of dementia, especially when that person is being cared for by an elderly spouse. Changes in hygiene, wandering off, and the inability to navigate their living conditions can also be signs that a loved one needs additional assistance. Finally, caregiver burnout is a common problem when caring for someone with dementia, and it can have serious physical and emotional consequences—both for the caregiver, and the patient).

Addressing the need for memory care for dementia is not just a medical matter, but a legal one, too. Getting the right legal documents in place early can save a lot of time, money, and aggravation when dementia becomes a bigger issue later.

A failing memory can complicate the estate planning in countless ways. If your aging loved ones are showing signs of dementia, please consider it an urgent matter that demands immediate attention. To learn more about what you need to do (and how to do it), download our free Living with Dementia e-Book using the brief form below, or reach out to Miller Estate and Elder Law to request a free consultation today.

At Miller Estate & Elder Law, we have decades of experience helping our clients with every aspect of estate planning and elder law. We’ve seen every mistake in the book, and are here to make sure you don’t make any of them! Give us a call today at (256) 251-2137 or use the contact form below.


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7 Common Estate Planning Mistakes (That You Can Easily Avoid)

7 Common Estate Planning Mistakes (That You Can Easily Avoid)

by | Apr 24, 2023 | Blog, Estate Planning, trust

Family legal advisor explaining document details to mature father and adult daughter

Estate planning is a complex and nuanced process, and it’s easy to make mistakes when you don’t have professional guidance. Whether it’s a lack of communication with your executors and heirs, or failing to properly fund your trust, there are plenty of opportunities for you to torpedo your estate plan. Making a mistake in your estate plan could not only prevent your loved ones from receiving their inheritances, but could also stick them with an expensive, emotional, and time-consuming probate battle.

Luckily, working with an experienced estate planning attorney can prevent you from making these 7 common estate planning mistakes.

7 Common Estate Planning Mistakes

Here are 7 of the most common estate planning mistakes people make:

  1. Not Communicating with Your Heirs. Anyone who is named into a role in your estate plan—executor, personal representative, trustee, etc.—should know what their responsibilities are once you pass away. Furthermore, we encourage our clients to communicate with their heirs and beneficiaries about what they will be inheriting, and why. This can help prevent (or at least reduce) conflict.
  2. Not Taking Taxes into Consideration. Estate taxes really only affect larger estates, but if you don’t take this possibility into account, your heirs could end up with a nasty surprise as their inheritances get eaten up by taxes. There are numerous strategies you can take now to avoid this situation in the future. An estate planning attorney or financial planning professional can guide you through the tax planning process.
  3. Not Planning for the Death of an Executor of Beneficiary. If your executor, trustee, or one of your beneficiaries suddenly dies, the courts will step in and make determinations about how your estate will be administered. Since this may be contrary to your wishes, it’s important to plan for these contingencies.
  4. Not Naming a Beneficiary on Your Retirement Accounts or Insurance Accounts. Retirement accounts and insurance policies are great for estate planning because—when beneficiary designations are set up properly—they pass directly to their intended recipient, without having to go through probate. If you don’t name a beneficiary, however, this advantage is negated, and the accounts may be subject to probate, where it could be claimed by creditors or predators.
  5. Not Updating Your Plan. If you experience a major life event, you’ll want to update your estate plan right away. Getting married or divorced, having a child (or welcoming a new grandchild), or if one of your beneficiaries develops a substance abuse issue or gambling problems…there are countless situations that may require you to make some updates to your plan.
  6. Not Funding Your Trust. Many people use trusts as a vehicle through which to pass along their assets, without being subjected to probate court. However, if your trust is not properly funded, it serves little purpose. Your heirs and beneficiaries will still end up in probate court, and your assets may or may not be distributed the way you wish.
  7. Not Having Contingency Plans in Place. No matter how well you plan, chances are something in your estate will not go exactly according to plan. For each possibility, it’s important to have a contingency plan in place. An experienced estate planning attorney can help with this.

At Miller Estate & Elder Law, we have decades of experience helping our clients with every aspect of estate planning and elder law. We’ve seen every mistake in the book, and are here to make sure you don’t make any of them! Give us a call today at (256) 251-2137 or use the contact form below.


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Everyone Needs to Sign a Power of Attorney, But Especially Seniors

Everyone Needs to Sign a Power of Attorney, But Especially Seniors

by | Apr 17, 2023 | Aging Parents, Blog, Elder Law, Estate Planning

Senior couple reads over paperwork at dining table

Estate planning often gets confused with end-of-life planning, but the two are not the same. Your estate plan does not just protect your assets after you die—it also plays an essential role in securing your health and finances while you are alive. A power of attorney is just as important as any other document in a robust estate plan, and while everyone over the age of 18 should really sign one, they are especially important for seniors.

Understanding Power of Attorney

Power of attorney comes in two forms: medical and financial. The former protects your health, the latter your finances. Here’s what you need to know:

Medical Power of Attorney

When you execute your medical power of attorney—sometimes referred to as an advance healthcare directive—you designate a trusted loved one to make medical decisions on your behalf should you become incapacitated. If, say, you are injured in a car accident and cannot speak for yourself, your medical power of attorney can step in and communicate your wishes. Their decision-making is constrained by instructions previously provided by you—for example, whether you do or do not want to be placed on a ventilator or feeding tube, etc.—which provides peace of mind, and reduces the potential for family conflict.

Durable Power of Attorney

Your financial power of attorney likewise allows you to designate a trusted loved one or advisor to act on your behalf should you suffer incapacitation. Here, however, the powers granted concern your legal and financial affairs. You can customize the authority you give your designated loved one, though it’s common to include access to your financial accounts for bill-pay purposes, the ability to manage property, file taxes, and apply for public benefits.

Why Powers of Attorney Are Especially Important for Seniors

Every adult needs to speak to an estate planning or elder law attorney to draft power of attorney documents, because nobody is immune to life’s unpredictability. A first-year college student is as apt to careen off the road as an aging grandparent, and both need to have their health and finances covered should this happen. Powers of attorney are especially important for seniors, however, as cognitive decline means increasing challenges related to decision-making.

If you’re an aging adult worried about dementia, it’s crucial that you sign power of attorney documents now. Doing so frees you to enjoy your golden years with the security of knowing you will be cared for, and your loved ones won’t end up fighting over how best to attend to your well-being. Furthermore, drafting power of attorney documents while you are of sound physical and mental health can prevent your loved ones from the exhausting and expensive court process of filing for guardianship and/or conservatorship later.

Take Our Healthcare Quiz to Discover the Real Importance of Powers of Attorney

People are often surprised to discover how different their and their children’s ideas are regarding medical care. It’s easy to assume that everyone is on the same page, but our Healthcare Quiz demonstrates that this is rarely the case.

Print out two copies of the quiz here, give one to your kids, keep one for yourself, answer the 12 questions separately, and compare results. Don’t be surprised by discrepancies, but do take this as reason to establish your powers of attorney now!

Reach out to the experienced elder law attorneys at Miller Estate and Elder Law by calling (256) 251-2137 or using the contact form below.


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The 7 Stages of Dementia and How to Support Your Loved One Through Each

The 7 Stages of Dementia and How to Support Your Loved One Through Each

by | Feb 20, 2023 | Asset Protection, Blog, Caregivers, Estate Planning, Long-Term Care, Nursing Home

7-stages-of-dementia

If a loved one has been diagnosed with Alzheimer’s disease or another form of Dementia, you know you will be facing a hard road ahead. Seeing a family member or loved one’s mental state deteriorate can be a trying emotional experience, but knowing what to expect can help ease the mental burden. By understanding the 7 stages of dementia, you will be able to provide valuable assistance to your loved one at each step in their progression.

The 7 Stages of Dementia

Although there are different common classifications of Dementia’s stages, the progression is most often divided into seven parts. Here are the different stages and what you can do to help a loved one at each one:

  1. Normal Behavior. Because the mental deterioration associated with dementia consists of a steady progression, the early stages are not yet classified as Dementia proper. In stage one, there are no outward signs of any mental decline. This is the perfect time to talk to an elderly parent or other relative about their wishes, should they begin to decline mentally—and to make sure the right legal documents are in place!
  2. Very Mild Changes/Forgetfulness. At this stage, changes will be subtle and, in some cases, you may not notice them at all. They include light memory loss and difficulty finding the right words. At this stage, you should be absolutely sure that your loved one’s living will and health care proxy are in place, and you will need to begin watching them more closely.
  3. Mild Changes. At Stage 3, the signs of dementia will begin to be more noticeable. Memory loss will become more acute, with your loved one having difficulty with words and names, and trouble paying attention. You will have to begin taking a more active role in managing aspects of their lives, including paying bills, making appointments, and ensuring that they take their daily medications.
  4. Moderate Decline/Mild Dementia. At this stage, your parent or relative can be said to be experiencing the early stages of Dementia. They will still remember most of their past and they will know who you are. That said, their memory will continue to decline, with short term memory difficulties becoming especially prevalent. They will require more help with everyday tasks and will likely need someone to look after them daily. They will also no longer be able to drive.
  5. Moderately Severe Decline/Moderate Dementia. By now, your loved one is entering mid-stage Dementia. They will begin experiencing personality and mood changes and begin to have problems with bathroom use and eating. They will still recognize you, but will begin to forget some of their past. At this point, they will need more intensive care, such as help with dressing and bathing. If you are unable to provide this level of care, you will need to begin making arrangements to hire a health care professional.
  6. Severe Decline/Moderately Severe Dementia. In stage 6, memory loss becomes more significant and your loved one may no longer recognize you. They will forget most of their past and need significant help performing daily tasks. At this point, in addition to ensuring health care assistance, you will want to find ways to continue to connect to your loved one. Even simply talking to them can help.
  7. Very Severe Decline/Late-Stage Dementia. In late-stage dementia, your loved one will not remember anything of their past or recognize anyone they used to know. They will no longer be able to speak or eat by themselves and they will lose all bathroom function. They will require 24-hour assistance. Helping them with any daily tasks you can and continuing to talk to them can help out in a difficult situation.

Dealing with a loved one going through the stages of dementia can be an emotionally trying situation. That’s why it’s important to prepare ahead of time so you know what to expect. Working with a loved one to ensure that all their health care documents are in place, in particular, can help give you peace of mind. That way, if your parent or other relative does begin to experience cognitive decline, you can be sure you will have the authority to make financial and medical decisions for them, and be operating according to their wishes moving forward.

Contact Miller Estate & Elder Law

At Miller Estate and Elder Law, we have many years of experience helping clients navigate the complexities of the estate planning process. Having the right legal documents in place now can save you from a major headache later. Contact us today to get started providing for your and your family’s future, or complete the brief form below to download our free guide: The 5 Legal Documents Every Adult Needs.


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5 Common Situations When an Estate Plan is Surprisingly Important

5 Common Situations When an Estate Plan is Surprisingly Important

by | Feb 8, 2023 | Asset Protection, Blog, Caregivers, Estate Planning, Long-Term Care, Nursing Home

Not everyone recognizes the need for an estate plan. Contrary to popular opinion, estate planning is not reserved for only the wealthy or elderly. In fact, anyone who owns anything—a house, a car, a bank account…literally anything—should draft even a very simple estate plan to ensure that their belongings are distributed according to their wishes after they pass away.

But, again, contrary to popular opinion, estate planning isn’t just about what happens to your “stuff’ after you die. It very much helps protect you, physically, as well as your hard-earned assets while you’re still alive.

Here are five common instances you probably haven’t thought of where having an estate plan in place is a good idea:

  1. Having Minor Children: If you have minor children, it’s important to have a well drafted estate plan in place to ensure that they are taken care of in the event of your death. This includes appointing a guardian for your children, and outlining how their inheritance will be managed and distributed.
  2. Owning Property in Different States: If you own property in different states, it’s important to have an estate plan in place to ensure that your property is distributed according to your wishes. Without a plan, your property may be subject to the intestate laws of the state in which it’s located, which may not align with your wishes.
  3. Having a Special Needs Family Member: If you have a family member with special needs, it’s important to have an estate plan in place to ensure that they are taken care of in the event of your death. This includes setting up a special needs trust to provide for their care, and naming a Trustee and Successor Trustee who will manage the trust’s assets.
  4. Starting or Owning a Business: If you’re a business owner, it’s important to have an estate plan in place to ensure that your business continues to run smoothly in the event of your death. This includes designating a successor to take over the business, and outlining how the business’s assets will be distributed.
  5. Having a Large Estate: If you have a large estate, it’s important to have an estate plan in place to minimize taxes and ensure that your assets are distributed according to your wishes. This includes setting up trusts and utilizing other estate planning tools to minimize taxes and protect your assets against creditors and predators.

No matter what stage of life you’re in, it’s important to be prepared for the many uncertainties of the future. Whether you’re a business owner, the parent of minor children, or a caretaker for a special needs family member, planning ahead is never a bad idea. Be sure to work with a qualified and experienced estate planning attorney who can help you create a plan that is tailored to your unique needs and goals.

Contact Miller Estate & Elder Law

At Miller Estate and Elder Law, we have many years of experience helping clients navigate the complexities of the estate planning process. Having the right legal documents in place now can save you from a major headache later. Contact us today to get started providing for your and your family’s future, or complete the brief form below to download our free guide: The 5 Legal Documents Every Adult Needs.


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The Difference Between a Power of Attorney, Guardianship and Conservatorship

The Difference Between a Power of Attorney, Guardianship and Conservatorship

by | Jan 5, 2023 | Blog, Caregivers, Estate Planning, Healthcare Proxy

A power of attorney (POA) and a guardianship/conservatorship are different types of legal arrangements, each of which dictates who will care for you and your estate if you become incapacitated. Although each of these arrangements has their place, having a durable power of attorney in place is generally a more proactive way to plan for the “what ifs” of the future. If you need to be able to make decisions on behalf of your incapacitated spouse or aging loved ones, having power of attorney is much easier than going through the burdensome process of establishing a guardianship or conservatorship. Filing for guardianship/conservatorship is not only more expensive, but it’s also more time-consuming, and…a judge may decide not to grant you these roles at all!

What is a Durable Power of Attorney?

A durable power of attorney (POA) is a legal document in which you name a person who will act on your behalf if you become incapacitated or are otherwise incapable of looking after your finances. The agent that you appoint will typically have the power to handle most of your financial matters, including opening and closing bank accounts, signing checks or contracts, and buying and selling real estate. There are several different types of power of attorney documents, but a “durable” power of attorney is one that is specifically designed to remain valid in the event of incapacitation or mental incompetency. A durable POA must be signed while you or your loved one is still of sound mind and body.

What are Guardianships and Conservatorships?

A guardianship is a court proceeding in which someone is given legal control over another person’s personal situation. The individual who assumes guardianship has the right to make decisions involving the other person’s healthcare, whether to put them in assisted living, or otherwise where they should live, etc.

A conservatorship goes hand-in-hand with a guardianship. It is a court proceeding, but rather than being granted the power to make personal decisions, this arrangement grants another person legal control over financial matters: paying bills, cashing checks, accessing bank accounts, etc.

If you were to become incapacitated or otherwise incapable of making financial decisions—and you do not have a durable power of attorney in place—then the court will assign you a guardian and/or conservator. This person—or, in some circumstances, these people—will typically be given the power to make legal, financial, and health decisions on your behalf, and may or may not require court approval to enact these decisions. Before the court approves a guardianship or conservatorship, it requires the testimony of a physician who has personally examined the ward and found that they are indeed incapacitated.

What are the Differences Between a Power of Attorney and a Guardianship/Conservatorship?

There are several major differences between a durable power of attorney and a guardianship/conservatorship, but the most significant is that in the former, you get to choose your agent, while in the latter, the court decides who will be entrusted with the decision-making on your behalf.  Although the court also assigns an attorney to represent the incapacitated individual and ensure that the guardian and/or conservator is acting properly, you can never be sure that this agent will truly be operating in your behalf. The thought of not being able to choose your own agent should give anyone pause.

Another difference between the two arrangements is that a guardianship/conservatorship is much more expensive and burdensome to acquire. A power of attorney is easily and affordably arranged, while a guardianship/conservatorship is a far more intensive process involving at least one doctor and at least two lawyers, all of whom need to be paid.

Don’t Hesitate

The bottom line is that, by ensuring you have a durable power of attorney in place, you can save not only time and money, but your dignity as well. No one likes to think about what will happen if they should become incapacitated, but it’s impossible to predict the future and it’s far better to prepare for any possibility now. Whether for yourself or for an aging loved one, making sure a power of attorney is in place well before the onset of a cognitive disorder is crucial to the security of your estate.

At Miller Estate & Elder Law, we have many years of experience helping our clients establish durable powers of attorney, and navigating difficult medical and financial situations. Contact us today and ensure that you or your aging loved one has a say in their own future.

 

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