WHEN AND HOW SHOULD FAMILY HELP THEIR AGING ELDERS

It is difficult for family to know when to step in and assist aging parents with their financial affairs. Conversations about money, bills and care expenses are uncomfortable, and aging parents may become defensive, suspicious or confused.

Unfortunately, as we all age, we inevitably lose the capacity to manage our financial affairs. Cognitive decline and family influences are powerful force that also makes elders easy targets for scam artists, misleading advertising and offers for high-priced, unnecessary goods and services.

Family should consider raising the topic of financial management for their aging parents well before they become incapacitated. Dealing with financial issues before the onset of cognitive decline allows aging parents to be fully involved in the management of their estate. Early and full involvement by aging parents not only preserves their dignity and right to self-determination but also allows family to have the mutual benefit of knowledge of their financial affairs.

A durable power of attorney or a trust can give the aging parent continued control over their financial affairs while also empowering family to step in and help when needed.

Family and caregivers who lack legal authority to intervene when warning signs arise have a challenging task ahead. At least one family member will need to move quickly in the Courts to acquire the legal authority to act on their parent’s behalf that can be avoided by simply planning ahead.

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Lipson Neilson Shareholder Sandra D. Glazier is the Only Attorney from Michigan Invited to Present at the Prestigious 44rd Annual Notre Dame Tax and Estate Planning Institute

Sandra GlazierLipson Neilson Shareholder Sandra D. Glazier will present Ethical Considerations in Representing Vulnerable Adults and Fraud within the Family at the 44th Annual Notre Dame Tax and Estate Planning Institute. Stacked with top tax and estate planning speakers from across the country, this is the fourth consecutive year that Ms. Glazier has been invited to present at this prestigious national conference; she is the only attorney from Michigan on the Institute’s faculty.

Held in South Bend, Indiana, during October 10-12, 2018, this conference is unique because it covers topics not found in tax-focused estate planning programs such as the ethics attached to an estate planner’s duties and liabilities when implementing an estate plan, financial elder abuse, and reasonable compensation for trustees. This Institute brings together tax and estate planning experts from across the country.

An attorney for more than 35 years, Sandra D. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases Ms. Glazier works on tend to be very complex and require technical as well as legal expertise. She has represented contestants and proponents of estate planning documents, as well as fiduciaries, in significant trust litigation proceedings.

An AV Preeminent® rated attorney, Ms. Glazier is recognized nationally for her accomplishments and expertise in estate planning and probate litigation and is routinely requested to speak at some of the leading legal industry conferences across the country. She has been selected as a “Michigan Super Lawyer” by Thomson Reuters, the world’s leading source of information for the legal industry and has been recognized as a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law. Ms. Glazier has had numerous articles published by some of the legal industry’s leading publications. and has taught “Valuation for Federal, Estate and Gift Tax Purposes” in a Masters’ level course.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

Sandra D. Glazier Presenting “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at Michigan State Bar Association’s Family Law Section Summer Conference

Sandra Glazier 2017 webpage photoCEP Attorney Sandra D. Glazier will present “Considerations and Ethical Responsibilities When Representing Vulnerable Adults” at the State Bar of Michigan Family Law Section’s Summer Conference on July 21, 2018 at the Boyne Mountain Resort in Boyne Falls, Michigan.

Family law is a very specialized area of law that is often state specific. In addition to staying current on the laws and how they are interpreted, family law attorneys must know their way around a courtroom, a referee’s office, the court rules, and case law. This conference will feature presentations by recognized family law practitioners providing state-of-the-law education and tips on family law issues.

An attorney for more than 35 years, Ms. Glazier is known for her expertise and successful track record in probate litigation, estate planning, trust and estate administration, and family law matters. The cases she works on tend to be very complex and require technical as well as legal expertise. An AV Preeminent® rated attorney, she has also been recognized by “Super Lawyers” in probate litigation and a “Top Lawyer” by DBusiness, in the areas of probate, estate and family law.

Ms. Glazier has had numerous articles nationally published by some of the legal industry’s leading publications. In addition, she has presented on estate planning and probate litigation related topics for the American Bar Association, Notre Dame Tax and Estate Planning Institute, Kansas City Estate Planning Symposium, Michigan’s Institute of Continuing Education, Oakland County Bar Association, Wayne County Probate Court appointed attorney training, Wilmington Trust’s New York Trust Symposium, Trust & Estates Magazine, and the Bloomberg BNA Estate and Gift Tax Advisory Board. She has presented on Family Law related topics for NBI, the OCBA, ICLE and the Michigan State Bar – Family Law Section.

Contact: Sandra D. Glazier
Phone: 248-593-5000
Email: sglazier@lipsonneilson.com

NURSING HOME RESIDENT PROTECTIONS

  • Congressman Debbie Wasserman Schultz a Democrat from Florida and Congressman Tim Wahlberg who is a Republican from Michigan introduced protections for residents in nursing homes during emergencies.
  • The house bill (H. R. 4704) provides in pertinent part that skilled nursing facilities shall meet certain emergency preparedness requirements.
  • The facility must have in place alternative sources of energy capable of powering heating, ventilation, and air conditioning systems for at least 96 hours.
  • Failure to comply with these provisions would subject the facility to a civil money penalty not to exceed $100,000.

 

THE CHALLENGES OF JOINT BANK ACCOUNTS

  • Usually, joint accounts are held with rights of survivorship.
  • Often times, joint accounts are made merely for convenience purposes.
  • This means that the account will not necessarily pass later in accordance with a will or trust that was created by a deceased account holder.
  • This problem most often arises when one child has their name as a joint account holder to help parent pay their bills.
  • While some children may feel they have a moral obligation to allocate funds as expressed in a will or trust, others will not.
  • This arrangement also exposes the account to potential attack or forfeiture from creditors of the added account holder.
  • In the ever-changing tax world, there can also be tax related issues in these arrangements including income/capital gain/gift tax issues.

 

TELEHEALTH TREATMENT PRACTICE CONTINUES TO GROW……

• Transportation to medical appointments is often a problem, particularly for infirm and older patients or those who are ill.
• There are often times long waits in physician offices.
• Transportation can be difficult if not inconvenient.
• Patients often need to contact their a local physician team in the event they have health problems occur while they are out of town, traveling, etc.
• Telehealth treatment removes a lot of these obstacles by allowing patients to consult with doctors and fill prescriptions over the Internet or by mobile        phone.
• In Michigan, this type of healthcare service was recognized by statute enabling patients to access their Michigan medical specialists from their own living room or while they are out of town.
• This trend is sweeping the country via the Interstate Medical Licensure Compact that is considered a new component of future medical treatment.

MAKING A WILL

A person eighteen (18) years or older who is of sound mind may make a will. If a person dies without a will they are considered to have died intestate in which case there are special guidelines on the distribution of the deceased’s estate according to state law.

ASSISTED-LIVING COSTS

  • The Assisted Living Federation reports the average age of an assisted living resident is 86 years of age.
  • According to a recent Consumer Reports study, the national median cost of a private one-bedroom in assisted-living costs 43,000 a year, actual nursing home costs can double the expense.
  • Studies have shown more than half of the residents suffer from some form of dementia impairment.
  • Dementia is one of the costliest conditions to society. In 2017 total payments for all individuals with Alzheimer’s or other dementias are estimated at $259 billion.