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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Having Tough Conversations About Estate Planning… Without Ruining the Holidays

Having Tough Conversations About Estate Planning… Without Ruining the Holidays

by | Dec 2, 2022 | Blog, Estate Planning

woman and man with grey hair smile and look at each other doing yoga

Estate planning conversations are usually tough and probably not top-of-mind as families gather for the holidays. Discussing death and finances are often two of the most uncomfortable topics for families to talk about. Not talking about them, however, can lead to severe—and sometimes devastating—consequences.

While it might be difficult to broach the subject, the holiday season actually provides a great opportunity to talk to your family. Everyone is gathered in once place, opening the door to have important, distraction-free, in-person conversations. Many families take this time to share stories from the past, and celebrate what is to come, but these gatherings also provide the perfect canvas for heartfelt, emotional discussions.

Regardless of age, many adults delay the estate planning process, as it can be uncomfortable to contemplate one’s own mortality. Due to the delicate nature of the topic, conversations should also be approached delicately, and with the utmost respect for privacy and comfort zones. There are many ways to segue into estate planning conversations during the holidays. Here are a few ideas to point you in the right direction.

  • Start by having smaller conversations with other family members about their estate plans before going straight to mom and dad. This will allow you to test out the topic and determine how to best bring it up in a bigger group discussion.
  • Wait for a good time to bring up your own experience with estate planning, or—better yet—ask the group for advice. This will open the door for a collective discussion about what documents your family has already put in place, and what still needs to be done. Do some research ahead of time, so you know what estate planning tools your parents should have in place. This will help direct the conversation, if you find that your parents do not have a comprehensive plan in place.

The goal of these discussions is not to pry or try to obtain information about your inheritance. It is to ensure that your parents have their estate plans in order, so that you and your loved ones aren’t left to contend with a probate nightmare after they pass. If you discover that they are ahead of the game, make them promise that they will revisit it every once in a while to make sure it stays up to date with their situation and currents wishes.

If nothing has been done, suggest helping them research an estate planning attorney to start the process. Having a plan in place will provide peace of mind that your parents are protected, and that your future won’t include a time-consuming, costly, and emotional probate battle. This is one of the best gifts your parents could give you this holiday season.

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Estate Planning for Blended Families

Estate Planning for Blended Families

by | Oct 26, 2022 | Blog, Estate Planning

woman and man with grey hair smile and look at each other doing yoga

Congratulations on finding true love—again! Getting remarried opens the door to so many new and wonderful opportunities. Never mind the tax benefits—you have another chance to build a life with a perfect-for-you partner! And, if you or your new spouse have children—or if you plan to have more children together—you can look forward to growing and merging your families! Of course, every major life milestone requires you update your estate plan, and estate planning for blended families presents its own unique challenges.

When it comes to getting remarried, many people are inclined to keep their estate plans simple, and leave their assets to their spouse. However, when children are involved, this isn’t so straightforward. For example, if you lost your ex-spouse to death, you may not want your new spouse to inherit the assets that once belonged to your previous spouse. Or, if you are remarried but co-parenting with your ex, you may want some of your assets distributed to them, so they can use those assets to continue raising your children.

There are countless considerations, but here are the top mistakes we see in estate planning for blended families.

  1. Failing to update your will (or draft a new trust). This is the first (and most obvious) step after getting remarried. You wouldn’t want your ex-spouse to inherit your home, car, or other assets, right? However, it’s not always as simple as leaving everything to your new spouse, especially when children are involved. How can you be sure that your new spouse will honor your wishes for your children to inherit your assets after they die? Do they have children from a previous marriage? Do you want their children to inherit any of your assets? These are questions to consider, but the complexity of the matter makes trusts for second marriages a highly viable estate planning tool. Trusts for second marriages will ensure your assets pass down to your new spouse, your children, their children, and any other loved ones exactly as you intend.
  2. Not updating your beneficiary designations. Updating your will may be obvious, but many people forget about the beneficiary designations listed on their bank accounts, insurance policies, and retirement accounts. We can’t tell you how many times we’ve surprised a client by telling them that their ex-spouse is still listed as the beneficiary on their 401(k) account, and they had no idea. Accounts that use beneficiary designations will not pass through probate, so whoever is named beneficiary will receive those assets immediately after your death—there is no court proceeding to argue or contest this decision.
  3. Treating all heirs equally. There are countless considerations when it comes to deciding how to distribute your assets between your spouse, children, and loved ones. There is no rule that says you need to treat all heirs equally, and this is especially the case in estate planning for blended families. For example, if you owned your house before your new spouse moved in, you may want the home (or the proceeds from selling the home) to go to your children rather than your spouse. Another example, you may distribute a greater percentage of your assets to your biological children, and leave less for your step-children. Finally, if any of your heirs have addiction issues, gambling issues, or are otherwise irresponsible, you may want to look into trusts for second marriages, as a trust will give you more control over the circumstances under which your assets are distributed. When leaving unequal inheritances, it’s recommended that you communicate with your heirs about your decisions, so there are no hard feelings or resentments after you pass away.
  4. Not working with an estate planning attorney. When it comes to estate planning for blended families, there is so much to consider. What we’ve discussed here is only brushing the surface. A qualified estate planning attorney will guide you through the process of updating your estate plan—or drafting an estate plan to begin with—ensuring that all of the “what ifs” are addressed, and that every decision has a contingency.

No one wants to pass away and leave their family either with a giant mess to clean up, or hard feelings about who received which of your assets. Updating your estate plan when you get remarried is an important step to ensure you leave a legacy of love, and not of anger and confusion.

Miller Estate & Elder Law can help you plan for the many uncertainties of the future. We offer comprehensive estate planning and elder law services, and can guide you through the process of protecting yourself, your family, and your assets. Contact us today!

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Another Celebrity, Another Estate Planning Nightmare

Another Celebrity, Another Estate Planning Nightmare

by | Oct 13, 2022 | Blog, Estate Planning

Estate Planning
Until a tragic car accident claimed her life in August 2022, Anne Heche was an Emmy award-winning actress, famous for her roles in big blockbuster hits such as as Donnie Brasco and I Know What You Did Last Summer. Well, Heche is back in the headlines again…but, this time, it’s not for her stage presence.

The #1 estate planning mistake people make—and 67% of Americans are guilty of this—is not having an estate plan at all. Heche, unfortunately, was one of these people. Now, her 20-year-old son, Homer Laffoon—the oldest of her two sons—is headed into battle against her ex-boyfriend, James Tupper—the father of her youngest son—for control of what we can only assume is a sizable estate.

It’s an estate planning nightmare fit for the Hollywood big screen: it’s filled with drama, wild accusations, he-said-she-said mysteries, and more. Grab your popcorn, folks…

The story goes that, back in 2011, Heche emailed her lawyer, stating that Tupper should receive all of her assets, which should be used to raise both of her children, and—ultimately—be given to them.

She never signed a will, though, which raises the question of whether an email is valid as a holographic will. A holographic—or handwritten—will is actually valid in her home state of California, but only if it meets certain requirements. This email—if it even exists—does not meet those requirements.

When you die without a will, your assets are distributed following your state’s intestacy laws. In California, law dictates that a person’s assets be distributed, first, to the surviving spouse, or, if there is no spouse, split equally between the decedent’s surviving children.

At present, the court has granted her oldest son the role of “special administrator,” which means he can begin collecting and organizing his mother’s assets, but cannot distribute, transfer, or sell them. Tupper, however, has requested that court name a third-party professional fiduciary as the estate executor, claiming that Homer was estranged from Heche at the time of her death. Homer alleges that this is not true.

So, into a probate battle they’ll go. It will likely take the court 6-months to a year to name an executor for Heche’s estate, and—until then—Tupper and Laffoon will be in a holding pattern, unable to move forward. How could Heche have prevented her loved ones (and ex-loved ones) from getting dragged into such a stressful, time-consuming, and likely expensive probate face-off?

A legally-binding (and updated) will. All wills must be probated, so having a will wouldn’t have prevented the estate from going through the probate process. However, she would have named an executor who she trusted to distribute her assets per her wishes…and they would have known what those wishes were! The downside is that the probate process leaves room for creditors and predators to file claims against the estate, and it sounds like there are some predators at play in this case. Even if Heche had a will, chances are the probate process would become lengthy and ugly anyways.

A trust. We can assume that, in addition to significant financial assets, Heche probably also collects royalties from her many TV shows and films. Considering the additional probability that she held life insurance policies and investment accounts—and that she had two children, one of which was still a minor—her estate was probably an excellent candidate for a trust. By drafting and funding a trust, Heche could have bypassed the probate process altogether, and her assets would be distributed to whom she wanted, how she wanted.

If only Heche had worked with a qualified estate planning attorney and drafted a comprehensive plan, her estate wouldn’t be all over the news, her family wouldn’t be getting put through the wringer, and her legacy wouldn’t be tarnished by the chaos of what is sure to become an absolute probate nightmare.

If you’re like Heche (or 67% of Americans) and don’t have a will or trust in place, please contact the estate attorneys at Miller Estate & Elder Law today. You don’t need to be worth millions to need an estate plan. If you own anything at all, you have an estate that needs to be planned for. Don’t leave your family to battle it out in probate court after you die. Leave clear instructions, and a legacy of love.

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