Whether it’s the down economy or a feeling of obligation, it seems the trend in caregiving is shifting from assisted living facilities to home care. My notion was confirmed this morning through statistics I found on the FamilyEducation website concerning family caretakers. Of the 65 and older population that require daily assistance, 1.6 million are living in the community compared to the 1.5 million who reside in nursing homes. From the population of family members who are caregivers, 64% still work full or part time.

Becoming a caretaker can overtake your personal life, cause excess stress, and often provide little recognized reward. Caregivers can easily become burned out without the proper education and support. Remember: this is not something you should try to bear alone. Don’t be afraid to ask for help, seek support and reward yourself with breaks. Ask family and friends to babysit, find community resources (adult day care, transportation services, and senior centers), and confide your feelings in others through caregiver support groups or a couselor. Educate yourself as much as possible on your loved one’s condition and do not be afraid to reach out or confide in their physician.

Seniors are particularly vulnerable to financial exploitation because they have accumulated a lot of wealth over their lifetime and they can be subject to memory problems or dementia, which can cause them to be easily coerced.  Although the news often reports mailer scams as the culprit of senior citizen exploitation, it is important to remember that an abuser can be ANYONE and often it is the ones closest to the older adult, such as caretakers, relatives, or “friends.”

15 Warning Signs of Financial Exploitation:

• Large and increased, unexplained withdrawals of money from their bank account;
• Sudden changes in their financial situation (they are unable to pay their bills);
• A new friend isolates them from long-time family and friends;
• Changes in powers of attorney, will, deeds, property titles or other legal documents;
• Unnecessary purchases;
• A stranger offers investment advice or an “investment opportunity” that can’t be missed;
• Financial records go missing;
• Victim is asked to risk assets by co-signing a loan, providing collateral or giving access to their personal accounts;
• Win a “prize” that requires a large amount of taxes to be paid up front;
• Dissapearance of valuables;
• Victim receives unsolicited telemarketing calls or mailers requesting bank account, credit card, or social security number;
• A stranger is added to their accounts;
• Applies for a credit card for the first time; or
• Appears to have signed a document but it looks forged (ex: Suspicious signatures on checks)

If you are the primary caretaker of an older adult, be aware of the warning signs of financial exploitation. Often, the elderly person will not realize they are being exploited or not want to turn the exploiter in for fear of being alone. They also may be embarrassed or ashamed that they were tricked. It is hard to prove that your loved one is being financially exploited. Therefore, if any warning signs  arise, you should consult an elder law attorney immediately before the damage becomes worse.

A recent Lawyers.com survey reveals a drop in estate planning for 2009, with only 35% of Americans having a will. Although the down economy is causing everyone to cut corners and cut back, the repercussions of not having an estate plan upon death haven’t changed. No matter what your net worth, just as you are still putting money into your 401K for retirement, it is essential to have a basic estate plan in place to relieve your family of the unnecessary stresses related to end-of-life issues and probate.

Estate Planning Can:

• Protect assets from creditors;
• Preserve family wealth for future generations;
• Put conditions on HOW and WHEN your assets are distributed;
• Assure that your money and property go to the people YOU intend upon death;
• Prevent disputes or confusion regarding inheritances;
• Declare whom you want making medical and financial decisions for you if you are incapacitated; and
• Reduce estate and gift taxes.

Plan in advance to avoid court battles involving end-of-life decisions or post-death family disputes, which cost much more than the basic estate plan.

As the senior population rises, the licensed health care professionals needed to care for our seniors are dwindling. As we see more and more cases of improper care at nursing homes and elder abuse in the news, the need for proper training of health care professionals has become critical to ensure the elderly are aging with dignity. This act, introduced January of 2009 as an amendment to the Public Health Service Act, will ensure that every senior has access to quality care. I worked congresswoman Jan Schakowsky, http://schakowsky.house.gov/, and the National Association of Elder Law Attorneys, http://www.naela.org/, to promote this legislation on Capitol Hill.

The act emphasizes the following:

• Expand education and training in long-term care, geriatrics and chronic care for licensed health professionals;

- Only 1 percent of all nurses are certified in geriatrics.

• Training of home care aides; and

- Among the fastest-growing occupations; and

- Currently not subject to any federal requirements related to training.

• Training to family caregivers.

- Estimated 44 million family caregivers in the U.S.; and

- Will develop a family caregiver training materials, including referral protocols  for families caring for Medicare beneficiaries.

This act will also amend the Workforce Investment Act of 1998 to provide information to dislocated workers and veterans about long-term care occupations and employment opportunities. As of now, the bill has been referred to the House Committee on Education and Labor but as the baby boomer generation is now reaching retirement age, we are faced with a crisis of meeting the care needs of every older American. The government needs to address this problem through redesigning, strengthening retention, educating and training the health care workforce.

Nowadays, it seems you can find every answer under the sun on the internet. Although it can be overwhelming at times, I can’t imagine my life without the internet nor can I imagine it before the internet.

In relation to elder law, there are many “go-to” sites I like to recommend, here are my top five:

• Elder Law Answers: This site not only provides “ElderLaw 101,” which contains answers to questions about estate planning, medicaid, nursing home issues and all other areas of elder law, but it also provides attorney recommendations and has a live radio program you can listen to on the web. http://www.elderlawanswers.com
• National Academy of Elder Law Attorneys (NAELA): NAELA provides a database of dedicated, quality, elder law attorneys. Their site also features aging trends, a monthly newsletter, “Eye on Elder Issues,” and headlines of elder law news featuring articles on social security, medicaid, retirement, and all the other hot topics on Capitol Hill. www.naela.org
• National Family Caregivers Association (NFCA): NFCA provides resources, education and support for anyone caring for a loved one with a disability, chronic illness or suffering from old age. The site directs you to networks of caregivers you can connect to in your community for support as well as caregiver statistics and a database of agencies and organizations caregivers can reach out to for information, training or respite. www.nfcacares.org
• Aging Info USA: This is the go-to directory for every service related to elder care. They have recommendations for senior housing, home healthcare services, geriatric care management and elder law attorneys, to name a few. The yellow pages of elder services.  www.aginginfousa.com
• The Alzheimer’s Association: The Alzheimer’s Association has created an in-depth site with the best and most up-to-date information you can find on the internet in relation to Alzheimer’s Disease treatments, clinical studies, research, facts and more. They provide a 24/7 help line, a virtual library and a comprehensive list of local support groups. This site educates, raises awareness and is simply a great relief to any family dealing with Alzheimer’s Disease. www.alz.org

Like I said, this is only five of the MILLIONS of resources available on the web. If you know of a good site I could be missing, let me know!

Seniors are living longer than ever before leading to a new set of legal concerns to be addressed for all ages. Elder law attorneys take a comprehensive approach: handling a range of issues to meet the goals of the client. People need to plan for long-term housing, future medical care, and the ‘what ifs’ should they become incapacitated. Elder law attorneys can help with this complex estate planning.

Long-term care is expensive, therefore, seniors also need to gather information on government benefits, such as medicare, medicaid, SSI, and long-term-care insurance. An elder law attorney can help coordinate private and public funds to finance the costs of care.

Not only do seniors have to take measures to plan their future, but their caretakers need to take legal precautions as well. An elder law attorney can also counsel their client on the use of such documents as Powers of Attorney and Guardianship; which are alternative decision-making documents that can be enacted to ensure the client’s wishes are being followed as well as their right to quality care.

Elder law may seem like an up-and-coming area of law, but Peck Bloom’s attorneys have a combined experience of over 90 years and will continue to focus solely on the needs of the elderly.

The back-and-forth battle over Terri Schiavo’s fate lasted 15 LONG years. Although the swarms of media publicity have faded, the controversial issues in “right-to-die” cases are still fresh in the courtroom.

So what can you do to ensure your wishes are followed if something should happen to your health?

Advanced Directives.

There are two types of advanced directives:

• Durable Power of Attorney for Health Care: (Preferred in IL) This appoints an individual of your choosing to act of your behalf, ensuring treatment is administered in accordance with your desires. The person you chose has COMPLETE authority to direct your medical care, this includes access to your medical records and seeking court intervention on your behalf, if necessary.
• Living Will: This document outlines your decisions to receive certain types of medical treatment. It can dictate whether life-saving treatments, such as artifical breathing, food, and water should be provided or withheld under various circumstances. The living will becomes active once you are deemed to lack decisional capacity and are terminally ill. Unlike the Durable Power of Attorney,  no advocate is appointed to make decisions on your behalf; health care providers will follow the directions you set forth in the document. 

Remember, it is never too soon to ensure your choices regarding end-of-life care are followed and protect your family from an emotional, legal battle like the Terri Schiavo case. 

To learn more: check out our articles and publications page for the full article I wrote on the Schiavo case or click here:

 Reviving End-of-Life Decision Making – How the Schiavo Case Demonstrates the Importance of Advance Directives.

In this economic downturn, financial exploitation of the elderly has been on the rise. This morning I was reminded of that fact after reading this article on Financial Exploitation in the down economy: http://tinyurl.com/ydjp25k.

Here are some fast-facts regarding the pervasiveness of financial exploitation and elder abuse in Illinois:

• Spouses, Children and Relatives represent over 76% of abusers;
• Financial Exploitation is the most -eported type of elder abuse;
• 71% of the victims are women; and
• Elder abuse reports have increased each year in Illinois. In 2008, 10,583 reports were filed (an increase of 10.9% from 2007).

*Statistics recieved from the Illinois Department on Aging

In 2004, Governor Blagojevich created the program, “Break the Silence,” to help agencies raise awareness of elder abuse throughout Illinois. To learn more about this program as well as additional statistics reagrding the pervasiveness of elder abuse in Illinois and how you can help prevent it, please visit the Illinois Department on Aging’s website at: http://www.state.il.us/aging/1abuselegal/abuse.htm. 

Last night we attended the Alzheimer’s Association’s event “A Toast to Remember” at the Chicago Cultural Center.

This event benefitted and supported those affected by Alzheimer’s disease in the Chapter’s 68-county service area and was attended by Chicagoland area business and community leaders, wine enthusiasts, families and caregivers of those affected by Alzheimer’s disease.

Visit the Alzheimer’s Association’s website for community resources, local events and ways to donate and participate. Help the Alzheimer’s Association work towards a cure!  http://www.alz.org/illinois/

We are taking our social media efforts full force by recently joining Twitter! We want to update and educate on the topic of Elder Law to everyone we can reach! You can follow us by searching: @ChicagoElderLaw.