Archive for February, 2010

Your ‘To Do’ List When a Loved One Passes Away

Tuesday, February 23rd, 2010

The death of a loved one is upsetting for the entire family. So, getting the emotional support of close friends and family is the first step even before you are ready to deal with the estate of the deceased. When you are ready though, these are the steps you must take to address these issues if the deceased did have a will.

Included below is a brief list of thing that you or your Personal Representative and Trustee should take care of immediately upon death. (Many of these actions may similarly be required in the event of incapacity). This is not intended as an exhaustive or detailed explanation of all actions which should be taken. Instead, it’s intended as a good guideline to get you going in the right direction to get all matters involving the deceased estate or finances handled properly. 

  1. Contact by phone and notify the immediate family, close friends, business colleagues and employer.
  2. Arrange for care for members of the immediate family, including appropriate child care, having people at the decedent’s house, etc.
  3. Locate the decedent’s important papers. Gather as many of the decedent’s papers as possible, and continue to do so for the next few weeks.
  4. Consider advising any surviving family member who is alone to telephone a friend who can share the next few hours. Shock and trauma due to the death of a relative can take unexpected forms and should be considered before handling these details alone.
  5. Notify a funeral director and clergy, and make an appointment to discuss funeral arrangements. Request several copies of decedent’s death certificate, which you’ll need for his or her employer, life insurance companies, and/or decedent’s attorney for legal procedures.
  6. Contact our office for a consultation or notify the attorney who will be handling the decedent’s affairs. Make an appointment immediately because a tax return may be due within nine (9) months of death.
  7. Telephone decedent’s employee benefits office to begin processing benefits immediately with the following information: name, Social Security number, date of death (or incapacity); whether the death (or incapacity) was due to accident or illness; and your name and address.
  8. If decedent was eligible for Medi-Cal, notify the local program office and provide the same information as the question above.
  9. Notify life, accident or disability insurers of decedent’s death or disability. Give the same information again as step number seven, and ask what further information is needed to begin processing your claim. Ask which payment option decedent had elected, and select another option if you would so prefer. If there is no payment option, you will be paid in a lump sum.
  10. Notify the decedent’s Social Security office of the death. Claims may be expedited if a surviving family member goes in person to the nearest office to investigate making a claim for survivor’s benefits. Look for the address under U.S. Government in the phone book.
  11. If you need emergency cash before insurance claims are paid, a cash advance may be available from life insurance benefits to which you are entitled.
  12. If decedent was ever in the military service, notify the Veterans’ Administration. Surviving relatives may be eligible for death or disability benefits.
  13. Record in a small ledger all money you or the immediate family spends. These figures may be needed for tax returns.
  14. Remember that a surviving family member may be in a highly emotional state. Therefore, they should avoid entering contracts for anything, and avoid spending or lending large sums of money. For our clients, consult the section of the Portfolio entitled “Other Documents” before proceeding further.
  15. Most importantly: Do not change the title of any assets. This can create unnecessary problems for you. Please contact our office for a consultation before you start this process.

The FACTS About Healthcare Decisions Today

Wednesday, February 17th, 2010

Often times, navigating the complicated channels of Medicare requires research and planning of your own accord in order to get the full, quality care you deserve. Here is some valuable statistics and information you may not know about making the right healthcare decisions. A qualified elder law attorney can help you create an advance directive which will not only save your loved ones in the time of crisis that it’s needed, but it will ensure that your passing is handled how you wanted it- with care, concern and compassion.

“The Federal Patient Self-Determination Act requires that all Medicare-participating healthcare facilities inquire about and provide information to patients on Advance Directives; it also requires these facilities to provide community education on Advance Directives.  See 42 C.F.R. § 489.102. All healthcare facilities are required to:

  • Provide information about health care decision-making rights.
  • Ask all patients if they have an advance directive.
  • Educate their staff and community about advance directives.
  • Not discriminate against patients based on an advance directive status.

The U.S. Agency for Healthcare Research and Quality (www.ahrq.gov), in a 2003 article, “Advance Care Planning: Preferences for Care at the End of Life,” found the following:

  • Less than 50 percent of the severely or terminally ill patients studied had an advance directive in their medical record.
  • Only 12 percent of patients with an advance directive had received input from their physician in its development.
  • Between 65 and 76 percent of physicians whose patients had an advance directive were not aware that it existed.

More Americans Discussing – and Planning – End-of-Life Treatment. The Pew Research Center, January 2006. http://people-press.org/reports/pdf/266.pdf.

  • 42% of Americans have had a friend or relative suffer from a terminal illness or coma in the last five years and for a majority of these people and 23% of the general public, the issue of withholding life sustaining treatment came up.
  • An overwhelming majority of the public supports laws that give patients the right to decide whether they want to be kept alive through medical treatment.
  • By more than eight-to-one (84%-10%), the public approves of laws that let terminally ill patients make decisions about whether to be kept alive through medical treatment.
  • One of the most striking changes between 1990 and 2005 is the growth in the number of people who say they have a living will – up 17 points, from 12% in 1990 to 29% now.

Brief Communication: The Relationship between Having a Living Will and Dying in Place. Howard B Degenholtz, PhD, YonJoo Rhee, MPH, PhD; and Robert Arnold, MD. Annals of Internal Medicine. 2004; 141:113-117.

  • Having a living will was associated with lower probability of dying in a hospital for nursing home residents and people living in the community.
  • During advance care planning, physicians should discuss patients’ preferences for locations of death.

Appropriate Use of Artificial Nutrition and Hydration – Fundamental Principles and Recommendations. David Casarett, MD, Jennifer Kapo, MD and Arthur Caplan, PhD. New England Journal of Medicine. 353; 24.

  • Patients and families are often not fully informed of the relevant risks and potential benefits of artificial nutrition and hydration (ANH). In addition, financial incentives and regulatory concerns promote the use of ANH in a manner that may be inconsistent with medical evidence and with the preferences of patients and their families.
  • Because ANH is associated with uncertain benefits and substantial risks, it is essential to ensure that decisions about its use are consistent with the patient’s medical condition, prognosis, and goals for care. Therefore, decisions about ANH require careful consideration of its risks and potential benefits.” ~Thanks to: National Healthcare Decisions Day.org

TIPS FOR EARTHQUAKE SAFETY- Seniors & everyone need to know these!

Wednesday, February 10th, 2010
  • Most everyone who simply ‘ducks and covers’ WHEN BUILDINGS COLLAPSE are crushed to death. People who get under objects, like desks or cars, are crushed. Avoid these if possible. 
  • Cats, dogs and babies often naturally curl up in the fetal position. You should too in an earthquake. It is a natural safety/survival instinct. You can survive in a smaller void. Get next to an object, next to a sofa, next to a large bulky object that will compress slightly but leave a void next to it.
  • Wooden buildings are the safest type of construction to be in during an earthquake. Wood is flexible and moves with the force of the earthquake. If the wooden building does collapse, large survival voids are created. Also, the wooden building has less concentrated, crushing weight. Brick buildings will break into individual bricks. Bricks will cause many injuries but less squashed bodies than concrete slabs.
  • If you are in bed during the night and an earthquake occurs, simply roll off the bed. A safe void will exist around the bed. Hotels can achieve a much greater survival rate in earthquakes, simply by posting a sign on the back of the door of every room telling occupants to lie down on the floor, next to the side of the bed during an earthquake.
  • If an earthquake happens and you cannot easily escape by getting out the door or window, then lie down and curl up in the fetal position next to a sofa, or large chair.
  • Most everyone who gets under a doorway when buildings collapse is killed. How? If you stand under a doorway and the doorjamb falls forward or backward you will be crushed by the ceiling above. If the door jam falls sideways you will be cut in half by the doorway. In either case, you may be killed!
  • Never go to the stairs. The stairs have a different ‘moment of frequency’ (they swing separately from the main part of the building).  The stairs and remainder of the building continuously bump into each other until structural failure of the stairs takes place. The people who get on stairs before they fail are chopped up by the stair treads – horribly mutilated. Even if the building doesn’t collapse, stay away from the stairs. The stairs are a likely part of the building to be damaged. Even if the stairs are not collapsed by the earthquake, they may collapse later when overloaded by fleeing people. They should always be checked for safety, even when the rest of the building is not damaged.

  • Get Near the Outer Walls Of Buildings Or Outside Of Them If Possible – It is much better to be near the outside of the building rather than the interior. The farther inside you are from the outside perimeter of the building the greater the probability that your escape route will be blocked.
  • People inside of their vehicles are crushed when the road above falls in an earthquake and crushes their vehicles; which is exactly what happened with the slabs between the decks of the Nimitz Freeway. The victims of the San Francisco earthquake all stayed inside of their vehicles. They were all killed. They could have easily survived by getting out and sitting or lying next to their vehicles. Everyone killed would have survived if they had been able to get out of their cars and sit or lie next to them. All the crushed cars had voids 3 feet high next to them, except for the cars that had columns fall directly across them.

Spread the word and save someone’s life… The Entire world is experiencing natural disasters so it’s good to be prepared!

~ Thanks to Doug Copp, Rescue Chief and the Disaster Manager of the American Rescue Team International for these great tips. Please read his original post HERE

Estate Planning 101

Wednesday, February 10th, 2010

Estate planning is defined as the creation of a definite plan for managing your wealth while you’re alive and distributing it after your death. These assets may be owned by you separately or jointly with others.  

Estate planning is about preserving your assets and allocating the distribution of your assets, both during your life and upon your death. It is accomplishing your personal and family goals and easing the management of your financial and legal affairs, as well as minimizing taxes if your estate is large enough for taxes to be of concern. When we talk about an estate, we mean all assets of any value that you own, including real property, business interests, investments, insurance proceeds, personal property and even your personal effects. An “estate plan,” generally, refers to the means by which your estate is passed on to your loved ones on your death. Estate planning can be accomplished through a variety of methods, including:

  • Revocable Living Trusts
  • Last Will and Testament
  • Lifetime Gifting
  • Joint Ownership
  • Beneficiary Designations
  • Life Estates

Problems often arise when people don’t coordinate all of these methods of passing on their estate. If you have a well-drafted estate plan in place, you will ensure that your estate passes to whom you want, when you want, and is carried out in the manner you’ve chosen. You can rest assured that your family won’t have to endure the public process and costly matter of probate. The government won’t be able to take what you’ve spent a lifetime building. But you need to be aware of the many options that exist in estate planning – and you must choose your estate planning attorney wisely.

We offer a wealth of free information and free estate planning clinics in our Lakewood office, each Wednesday at 2pm. Register for one today, we want you to feel confident about the choices you make – let us be your guide on the path toward preserving your family’s future.