https://theblythespirit.com A New Jersey Senior Citizen's Blog Fri, 23 Oct 2015 18:54:36 +0000 en-US hourly 1 https://theblythespirit.com/comprehensive-life-care-planning-for-beginners/ Fri, 23 Oct 2015 18:54:36 +0000 http://theblythespirit.com/?p=14 Read More »]]> Comprehensive life care planning is a relatively new interdisciplinary practice that focuses on improving quality of life especially for people with long-term healthcare, rehabilitation, and medication needs. Given such a description, life care planning is necessary if you or a loved one suffer from multiple sclerosis, diabetes, Parkinson’s disease, Alzheimer’s disease, mental health disorders, or developmental disabilities. Below is some vital information about comprehensive life care planning for beginners. A Detailed Look at Comprehensive Life Care Planning In simple words, this interdisciplinary practice addresses the major medical, rehabilitation, and psychological needs of individuals with chronic healthcare needs. According to the International Academy of Life Care Planners, life care planning was traditionally a preserve of the elderly with chronic illnesses. However, this is no longer the case as it is applicable in many cases involving the young as well. The rule of thumb when preparing this type of care plan is to consult and involve patients, their families, medical experts, rehabilitation professionals, and experts in long-term catastrophic case management. By soliciting input from different quarters, one improves the likelihood of creating an accurate blueprint that addresses the long-term needs of a patient. Moreover, life care planning involves deliberate and methodical evaluation of a patient’s medical records, review of medical research efforts that could improve health outcome of a patient in future, and utilization of domain-specific clinical care guidelines. For this reason, a professional who offers life care planning must undergo training and earn licensure from reputable organizations like the Commission on Health Care Certification Life Care Planning Ethical Standards 1. Confidentiality Professionals in this field must never disclose patient data and records to unauthorized people or parties. In addition, they should abide by regulations that govern patient data privacy at the state and national level. A good example is HIPAA regulations. At this point, it is worth noting that life care planners are not necessarily subject to traditional patient-physician confidentiality codes of conduct. However, many life care planners tend to have medical backgrounds (psychologists, licensed counselors, or psychiatrists) meaning that all communications with patients are protected by statutes/laws governing doctor-patient confidentiality privileges. 2. Competency The recommendations that a life care planner makes determine the health outcomes of his/her patients over time. As such, one must be highly skilled and well versed in chronic case management. Moreover, one must have a good grasp of accepted chronic care planning best practices as well as keep abreast of industry developments by reading content published in reputable medical journals. It is also wise to undertake relevant continuous education courses to maintain high competency standards. Elements of a Life Care Plan Although it is impossible to anticipate all future events and needs, it is possible to create a plan that covers about 90% of conceivable scenarios. With this in mind, a comprehensive life care plan should include the following elements:

• Review of medical records.
• Assessment of medication needs.
• Assessment of medical care needs.
• Assessment of therapeutic care needs.
• Assessment of diagnostic testing needs.
• Assessment of patient’s ability to live independently.
• Assessment of home healthcare needs.
• Assessment of assistive technology needs. For instance, necessity of using a mobile device to control wheelchair movement
• Assessment of orthotic and prosthetic devices needs.
• Assessment of bowel and bladder movement ability. For example, assess ability of patient to use toilet without help.
• Assessment of mobility needs. Find out whether patient requires bathtub lift, stair lift, or wheelchair ramps
• Assessment of adaptive equipment needs
• Assessment of specialized home appliance, utensil, or furnishing needs. For example, evaluate the need for a specialty bed
• Assessment of home architectural changes (remodeling, renovations, or rebuilding)
• Assessment of legal and financial aid needs

These elements show that the input of independent experts such as building contractors may be necessary to predict the cost of patient care over time accurately. Conclusion Comprehensive life care planning is a practice that straddles multiple disciplines with the aim of offering better quality of life to patients who require long-term medical attention and care. Professionals who offer this service must create plans that cover medical, therapeutic, mobility, adaptive equipment, and assistive technology needs of patients. For additional information on this topic visit: http://www.rehabpro.org/sections/ialcp/focus/standards/ialcpSOP_pdf http://vanarellilaw.com/comprehensive-life-care-planning/ http://www.paulmdeutsch.com/FAQs-life-care-planning.htm Note that the author of this article is not an attorney. Consult a qualified attorney before making any decision that could affect the financial and tax status of you and your family.]]> https://theblythespirit.com/what-is-a-special-needs-trust/ Fri, 28 Aug 2015 04:43:53 +0000 http://theblythespirit.com/?p=10 Read More »]]> In the US, a Special Needs Trust or a Supplemental Needs Trust is a unique type of trust set up for the benefit of an individual with a disability. The aim of setting up this type of trust is to ensure that the beneficiary, in this case a disabled person, can enjoy its benefits. This includes access to funds required to purchase medication or pay care providers. Here is some more information on a Special Needs Trust: Legal Definition The US Congress set the legal framework governing the establishment and use of Special Needs Trusts in 1993. Under this legal framework, one can only set up a Supplemental Needs Trust to provide additional care to a disabled person over and above care provided by the government. For instance, if the government can provide 60% of the care a disabled person needs, the Supplemental Needs Trust set up for the same person then plugs the remaining 40% care hole. Some of the government benefits that disabled people qualify to access include Medicaid, subsidized housing, Supplemental Security Income (SSI), and vocational rehabilitation. Funding a Special Needs Trust There are several ways of funding an SNT. Firstly, the creator of an SNT can fund it using his/her own money. Take note you can fund an SNT during your lifetime via direct contributions or a one off cash contribution. Alternatively, SNT funding can take place after your death if you include such a provision in your will. Secondly, it is possible to fund an SNT using proceeds generated from a beneficiary’s assets. Legal experts call such a trust “self-settled.” For self-settled trusts, federal law requires reimbursement of costs incurred via use of Medicaid or government medical services after the death of an SNT beneficiary. The general practice is for a beneficiary’s SNT to provide the required reimbursement funds after his/her death. After this, dependents, descendants, or siblings of a deceased beneficiary can share assets remaining in his/her Special Needs Trust. A third way of funding a Supplemental Needs Trust is via gifts, donations, and inheritance from family, friends and other well-wishers. Other viable SNT funding options include life insurance, Social Security survivor benefits, personal savings and investments in retirement funds, as well as military benefits. Types of Special Needs Trusts There are three main types of SNTs: family, court ordered and pooled trusts. Parents can set up a family-type Special Needs Trust for the benefit of a disabled dependent like a child. The beauty of such a trust is it becomes effective immediately. Furthermore, parents and close relatives of beneficiary can fund trust by writing checks or via financial provisions written in their wills. The only exception is the beneficiary who cannot contribute money to fund his/her trust. If a disabled person receives money via a court settlement or inheritance, a court ordered Special Needs Trust is usually set up. Individuals or entities that can set up this type of trust include a court, a legal guardian, a disabled person’s parent, or a disabled person’s grandparent. The beneficiary in this case should be younger than 65 years and satisfy Social Security medical standards for disability. A pooled SNT can only be set up through a non-profit organization. Funds accumulated in a pooled trust benefit more than one individual. Nevertheless, each beneficiary has his/her own account. After the death of a beneficiary, his/her funds remain in the pool to help the other disabled people. Uses of SNT Funds Funds in a Special Needs Trust can be used to cover transport, education, medical and dental care costs not covered by government. This is in addition to purchase of computer equipment and home health aides. Illegal uses of SNT Funds Illegal uses of SNT funds vary from state to state. Common illegal uses include covering food, utility, housing, property tax and home insurance costs. Conclusion If you would like to set up a Supplemental Needs Trust, you should consult a qualified trust attorney to avoid flouting state and federal regulations. Common types of SNTs include family-type, court-ordered and pooled trusts. For additional information on this topic visit: http://www.nj.com/gloucester/voices/index.ssf/2010/06/your_legal_corner_special_need.html http://www.nsnn.com/Frequently.htm Note that the author of this article is not an attorney. Consult a qualified attorney before making any decision that could affect the financial and tax status of you and your family. ]]> https://theblythespirit.com/probate-litigation-is-often-avoidable/ Fri, 28 Aug 2015 03:39:11 +0000 http://theblythespirit.com/?p=7 Read More »]]> Probate litigation in New Jersey is regulated by current laws and takes place in specialized courts of law. It provides interested parties a means to challenge the provisions of a deceased person’s will and/or any codicils. Contested provisions can include the distribution of a decedent’s assets, both named and unnamed heirs, and question the appointment of individuals or firms as executors, trustees, and guardians. Because probate litigation can be a very expensive process, individuals should consult an attorney and take all the steps possible to avoid creating situations likely to lead to settlement of the estate in court. Common causes of probate litigation include:

• Heirs consider division of assets as inequitable.
• Heirs believe the will is invalid for various reasons including being written under undue influence or while suffering mental incompetence, does not represent the decedent’s wishes, or incompetence of legal representation.
• Heirs may challenge the appointment of certain individuals or all individuals named as executor, trustees, guardians, or personal representative of the estate.
• The will was not updated to reflect changes in the decedent’s life such as marriages, divorces, the birth of new family members, or death of named beneficiaries
• The decedent dying intestate (without leaving a last will and testament) can create serious problems, especially if the heirs do not have good relationships with each other.
• Appointment of a personal representative disliked by the heirs at law.

Avoiding Probate Litigation Probate litigation in New Jersey and other parts of the country can often be avoided by taking some essential steps. These steps are not complicated, but if taken in time can ensure the decedent’s wishes are followed and protect beneficiaries at the same time. Steps that be taken include:

• Create a standard estate plan avoiding the most common causes that a will is contested. For example, do not treat one child differently than the other children. Do not leave a child or children out of the will without leaving a detailed explanation of the reason for doing so. If the reason might be an embarrassment, it can be kept private by explaining the action in a memorandum to be kept by the estate’s probate attorney. If a trust is created, avoid making it overly complicated and controlling.
• Second marriages create complications that can be avoided by signing of a pre- or postnuptial agreement. Arrangements in this area are sometimes considered as a suggestion that there is a lack of trust of a spouse, but that is far from the truth. Nuptial agreements can help deflect any resentment between the current spouse and children of a previous marriage(s). This is accomplished by ensuring the agreement clearly identifies all assets in the marriage. Assign ownership to every marriage asset and define which are totally owned by each spouse, and which assets are owned together. Make certain to identify all assets that are to be divided by the surviving spouse, and children of the current and previous marriage(s). Being clear and specific means titles cannot be changed in violation of the provisions of a will. This part of your plan may be the most useful when it comes to avoiding conflict and a resort to the courts to settle any disputes.
• Claims the will was written while the decedent was under the undue influence of another person or lacked the metal capacity to make sound decisions are common causes of will challenges. This argument can be invalidated by making certain the will is written while the person is well and in good physical and mental condition.
• Arrange for good accounting and regularly sending statements of the estate’s financial condition to all concerned parties.
• Update the will frequently, every five years or so, to make certain all life changes are reflected in the will.

For additional information on this topic visit: http://www.nolo.com/legal-encyclopedia/probate-faq-29135.html Note that the author of this article is not an attorney. Consult a qualified attorney before making any decision that could affect the financial and tax status of you and your family.]]> https://theblythespirit.com/what-is-a-guardianship-and-when-is-it-a-good-idea/ Wed, 26 Aug 2015 18:31:26 +0000 http://theblythespirit.com/?p=5 Read More »]]> The legal term for getting control of another individual’s finances and ability to make important decisions is known as Guardianship. It may also be referred to as conservatorship, when applied to control over another adult’s affairs. It is often confused with power of attorney, which is used to make decisions for an aging parent or someone who may become physically or emotionally unable to make decisions about finances and health care in the near future. There are two types of guardianship recognized by courts in most states. One form of guardianship allows a person to make decisions and handle finances for another adult. The other form of guardianship refers to an adult making legal, financial, and healthcare decisions for a minor child, when a biological parent is unable to do so. Adults who care for minor children, who are unable or decide not to legally adopt, will need to have guardianship, to enroll the child in school and seek health care services for the child. Often, friends of the family or blood relatives will care for children when their biological parents are unable. Aunts, uncles, and grandparents often seek guardianship when parents die suddenly, are missing, or are unable to care for their children. Legal guardianship, in such instances, does not necessarily terminate biological parent rights. It can exist along with the parental relationship, particularly when parents are temporarily unable to care for their children. Guardianship of a child ends when the child turns 18 or when the child marries. A caretaker of the child can also gain guardianship of his or her physical property, such as a home left by deceased parents. However, guardianship of property does not end when the child marries, until he or she turns 18. Biological parents or adoptive parents can seek to end the guardianship relationship, when or if the situation changes. For adults, guardianship is sometimes necessary, when an individual is unable to make sound decisions about care, finances, and other important life decisions. In many instances, a child may have durable POA (Power of Attorney) to make decisions for an aging parent. However, guardianship gives the person caring for the older adult more control, including decisions about where to live, whether or not to possess a driver’s license, enter contracts on the adult’s behalf, and buy or sell property. Guardianship is different from POA. While both are legal, binding documents, guardianship is an extensive that gives an individual greater decision making power. It also requires a court hearing and notification, through due process, to all parties involved. Gaining durable power of attorney simply requires both parties to sign a document and have it notarized. An adult may wish to contest the application for guardianship. In many instances, legal representation may be necessary. This applies to individuals who seek guardianship of another adult as well. The court will accept evidence presented to make the case for why the individual can or cannot make sound decisions for him or herself. For an aging adult who may be suffering from dementia or Alzheimer’s disease, durable power of attorney is usually the route to take. However, a person with dementia may still have access to finances and may be unable to manage them effectively. This is a good time to consider legal guardianship. It may be necessary if the aging adult is unable to protect his or her assets from outsiders, such as home health caregivers or acquaintance. A person who suffers from severe mental illness, who is proven to make unwise and harmful decisions or fails to exercise appropriate decision making may also benefit from a designated guardian, who can act as a payee to handle finances. For additional information on this topic visit: http://www.expertlaw.com/library/estate_planning/guardianship.html http://www.nj.gov/humanservices/ddd/services/guardianship/ Note that the author of this article is not an attorney. Consult a qualified attorney before making any decision that could affect the financial and tax status of you and your family.]]>