Writing Your Tulsa Estate Planning Blog

Humans have long dreamed of visiting the planet Mars. However, to do so would cause aging problems for astronauts. However, we might be on the cusp of overcoming that by reversing the aging process itself.

One of the basic facts of human existence is that throughout our lives, our cells continuously divide.

Some cells die, but the division process ensures that new cells take the place of the dead ones. The division process is not perfect, however.

Each instance of cell division causes a small bit of deterioration in the cell and in the DNA of the cell. Over time, these bits of deterioration add up and the result is what we know as the aging process that we can see with our own eyes.

While not exactly constant, this deterioration from cell division occurs at a fixed enough rate that the maximum lifespan is the same for all humans. Scientists have been unable to change this rate of deterioration until now.

A way to reverse it might have been found, reported by the Daily Mail in “Would YOU choose to live forever? Age-reversing pill that NASA wants to give to astronauts on Mars will begin trials within six months.”

If the report is true and trials bear out, then scientists have found a drug that can reverse the deterioration from cell division that causes aging.

This would have potential benefits for astronauts because space travel is extremely dangerous.
Astronauts are exposed to radiation that causes the cell deterioration to increase.

NASA is interested in this drug as a possible way to protect astronauts on a trip to Mars.

If this drug actually works, it has profound implications for more than just space travelers. It would cause great changes for all elderly people and for all estate planners.

Reference: Daily Mail (March 23, 2017) “Would YOU choose to live forever? Age-reversing pill that NASA wants to give to astronauts on Mars will begin trials within six months.”

Senior citizens who no longer feel safe or comfortable at home alone, have options other than going to a nursing home. Moving to an assisted living facility is one of them.

If you ask any elderly person who is not currently living in a nursing home what they think about moving to one, you are likely to get a negative response. People do not want to move into nursing homes. Most only do so, when they have no other options.

Nevertheless, there are many elderly people living at home who are not able to handle their own day to day needs. They need help which can be hard to come by due to a lack of good caretaker options or because it is not practical to move in with younger family members.

These senior citizens do have an option available, short of prematurely going into a nursing home, as Yorktown News points out in “What Is an Assisted Living Facility and Is It the Right Place for You?”

An assisted living facility is just what it says it is.

It is a facility that assists an elderly person with daily functions, but not to the extent that a nursing home does. In an assisted living facility, residents will get help with laundry, cleaning, transportation, medication management etc.. Facilities also usually offer community meals for residents.

While an assisted living facility is not right for all seniors, it is a great option for some. Most will find such an arrangement more enjoyable than a nursing home.

Reference: Yorktown News (March 2, 2017) “What Is an Assisted Living Facility and Is It the Right Place for You?”

Reverse mortgages used to have a much deserved terrible reputation. Today, however, they are much better and have become a viable option for many people.

Many elderly people find themselves in need of money to meet unexpected expenses. Sometimes, they just did not anticipate how much they would need to live on in retirement.

While some are able to get a standard loan, that is not an option for many people. Why? It is because they cannot afford to make payments every month.

To solve this problem, reverse mortgages were created.

Elder law attorneys almost universally have derided reverse mortgages. They were seen as nothing more than ways to rip off the elderly.

However, the laws have changed and reverse mortgages are not as bad as they used to be, as Inforum points out in “Changes in reverse mortgages make them safer, less expensive.”

A reverse mortgage allows an elderly person to use the equity they have built up in their home. The borrower can get money now as a line of credit, regular payments or even a lump sum. The money does not have to be paid back, until the borrower moves out of the house permanently, sells the house or passes away. The lender is paid back the money loaned plus interest by selling the house. If there is anything left after the lender is made whole, the remainder goes to the borrower or his heirs.

Legal protections make these loans better than they used to be, including provisions that borrowers must receive counseling by an approved provider before signing a reverse mortgage.

Nevertheless, the contracts are complex. It is, therefore, best to see an elder law attorney before signing a reverse mortgage.

Reference: Inforum (Feb. 27, 2017) “Changes in reverse mortgages make them safer, less expensive.”

One of the issues that right-to-die advocates have had to address is, under what conditions a person should be able to choose to no longer receive medical treatment. A case in New Jersey illustrates how tricky that can be.

For a long time, people have argued for the right to refuse medical treatment they do not want, even if it would preserve their lives. Every state in the U.S. allows this, to some extent or another, through the use of living wills.

These documents allow people to declare in advance that if they are terminally ill with no chance of recovery, doctors should not give them life-prolonging treatments. Living wills are not very controversial. They became extremely popular after the Terry Schiavo case a few years ago.

However, right-to-die advocates have attempted to push the envelope even further and allow more people to decide when they no longer want to live. Elder law advocates have especially tried to make it easier for the elderly to refuse treatments that they do not want.

A recent case in New Jersey might be the most extreme example of pushing the envelope thus far.

CNN reported on it in “Woman with eating disorder dies after court grants her that right.”

Last summer, a 29-year-old woman was admitted to the hospital. She suffered from a severe eating disorder and weighed only 60 pounds at the time. She suffered from heart failure after tearing medical tubes out on her own.

According to her court appointed guardian, the woman did not want to be forced to use a feeding tube, because she feared she might get fat. The guardian argued that she should be allowed to refuse the treatment and enter palliative care where she would not be force fed.

The court agreed and the woman has passed away.

Reference: CNN (Feb. 22, 2017) “Woman with eating disorder dies after court grants her that right.”

A federal regulation is designed to make it easy for people to get pricing information from funeral homes, but the rule is often ignored.

A long time ago, funeral homes colluded with each other to not give detailed information about their prices to potential customers. As a result, families could not shop around for the best price for funeral services.

After losing a lawsuit to the federal government, funeral homes stopped mandating that their association members engage in this practice. However, that did not stop individual funeral homes from refusing to give detailed pricing information.

In 1984 the Federal Trade Commission decided to act by passing a regulation known as the Funeral Rule. It requires that funeral homes give potential customers, appearing in person, a written, detailed price list. Funeral homes are also required to give clear pricing information when asked to do so over the phone.

Despite this rule, people still find it difficult to get accurate funeral prices, according to NPR in “Despite Decades-Old Law, Funeral Prices Are Still Unclear.”

Federal investigators have found that one in four funeral homes they check, violate the funeral rule.

This is an important issue for many elders and their families who would like to plan in advance for how much a funeral will cost. Without clear and accurate prices given in advance, families are often later stuck with large bills they did not anticipate when they bury a loved one.

When you are speaking to a funeral home, you should be given information on the home’s prices. If you are not, ask for it and make sure that you understand the prices you are shown.

Reference: NPR (Feb. 8, 2017) “Despite Decades-Old Law, Funeral Prices Are Still Unclear.”

A now closed clinic in Ohio is being sued by former patients for falsely telling patients they had Alzheimer’s disease and treating them for the disease they did not have.

When people get older they naturally begin to get a bit more absent-minded. They sometimes forget little things such as where they left their keys more often than they previously did.

Many people fear the worst. They fear that their forgetfulness is a sign that they are coming down with Alzheimer’s disease.

While no one wants to be diagnosed with the disease, it can come as something of a relief to get properly diagnosed so that people know what is wrong with them.

However, what if you were told you had Alzheimer’s and really did not? That is what many former patients of an Ohio clinic, that is now closed, allege in lawsuits.

The clinic told them they had the disease and accepted their payments for treatment. It was later revealed that these diagnoses were false and it appears that the clinic’s director did not have a license to practice medicine in Ohio.

FOX News reported this story in “Clinic falsely told dozens they had Alzheimer’s, suits say.”

If these allegations turn out to be true, this is a brazen and disturbing case of elder abuse. One of the people affected even committed suicide.

People are right to worry whether they have a debilitating disease.

If you ever have any concerns that you (or a loved one) are being taken advantage of in a similar way, contact an elder law attorney.

How to pay for future nursing home care concerns many Americans as they get older. Many consider purchasing long-term care insurance, but it might not be the best option for everyone.

The costs of staying in a nursing home are already very expensive and they are expected to rise. Individual Americans have to figure out a way to afford a nursing home, if it is ever needed.

While it is true that Medicaid will pay for nursing home care, the government will not pay if you have plenty of your own assets. That means if you were planning on leaving a sizable estate to your children, you will likely be unable to do so, if Medicaid pays for your nursing home care.

Another option to consider, is to purchase long-term care insurance.

Recently, the Wills, Trusts & Estates Prof Blog discussed it in “Should You Buy Long-Term Care Insurance?”
One of the key questions to consider, is when you might need the insurance coverage. If you are unlikely to need nursing home care for a long time, then it is often a better idea to save enough money so you can self-insure against the possibility of needing long-term care.

On the other hand, some long-term care policies have waiting periods that need to be considered. If you are likely to require nursing home care before the end of the waiting period, then an insurance policy will not help you.

One thing is certain. Long-term care insurance policies are complex.

You should seek the advice of an elder law attorney before signing a policy.

Reference: Wills, Trusts & Estates Prof Blog (Feb. 16, 2017) “Should You Buy Long-Term Care Insurance?”

President Trump’s nominee to the Supreme Court could play an important role in shaping elder law in the U.S. He has written a book on one current controversial elder law issue.

When President Trump announced that he was nominating Neil Gorsuch to be the next justice of the Supreme Court, attention immediately turned to two subjects.

The first was Gorsuch’s previous decisions as a federal appellate judge and how those decisions might point to what he would do as a justice at the nation’s highest court. The second issue concerned his chances of being confirmed by the Senate, especially considering Democratic anger over the lack of a vote on President Obama’s nominee for the open Supreme Court seat.

Gorsuch’s opinion on elder law issues have received very little attention by comparison. However, he does have an opinion on an important and very controversial elder law issue.

This was reported by the Wills, Trusts & Estates Prof Blog in “Neil Gorsuch May Help “Death with Dignity” Legislation.”

In 2006, Gorsuch published a book on physician assisted suicide. He is opposed to the idea and would outlaw it. He does, however, believe that a patient has the right to refuse life-sustaining treatment. He would just stop short of allowing a terminally ill person to choose to end his or her own life with the help of a doctor.

With more and more states adopting or considering adopting laws allowing physician assisted suicide, Gorsuch’s opinion on the issue could be important, if he is confirmed as the next justice of the Supreme Court.

Reference: Wills, Trusts & Estates Prof Blog (Feb. 2, 2017) “Neil Gorsuch May Help “Death with Dignity” Legislation.”

An important age discrimination case has been declared a mistrial, after the jury could not reach a decision. That leaves an important question for older job seekers unanswered.

Several years ago, an employee of the Equal Employment Opportunity Commission went out to eat at a Texas Roadhouse restaurant. The employee began asking questions of staff about the restaurants hiring practices. This led to an investigation from which the EEOC concluded that the chain restaurant company had a practice of not hiring older applicants to protect its image.

In 2011, the agency filed suit.

The case was unusual. No complaint had actually been made to the agency.

Normally, the EEOC does not bring lawsuits without receiving a complaint from a member of the public.

The case finally made its way to trial recently, but is now on hold because the jury failed to return with a verdict three times.

ProPublica reported on this case in “Federal Court May Decide If Employers Can Reject Older Job Seekers to Protect ‘Image’.”

This case is important for a couple of reasons.

The first is that older Americans often have a more difficult time finding employment than younger people. For this reason, the law protects them from some forms of discrimination, but it has never been decided if that includes protection from discrimination to protect a company’s image. Another reason this is important, is that it is not known how President Trump’s administration will deal with age discrimination cases and whether it will be as aggressive as the Obama administration.

Elder law advocates will continue to monitor this case closely for clues about how the administration will handle age discrimination issues.

Reference: ProPublica (Jan. 31, 2017) “Federal Court May Decide If Employers Can Reject Older Job Seekers to Protect ‘Image’.”

If you are going to be a caregiver for an elderly family member, there are some important things that you need to do before you get started.

Being a caregiver for an elderly person is not easy. It takes a lot of time and can come with emotional and financial costs. That is even more likely for people who become caregivers for their elderly family members.

There are a few things that people can do before becoming a caregiver to make things easier.

Recently, Forbes discussed some helpful pointers for caregivers in “4 Critical Things To Do Before Becoming A Caregiver,” including:

•Make sure you have all of the elderly person’s legal, financial and medical documents. You need to know where the person has their bank accounts. You need to have powers of attorney. You need to know who the elderly person’s doctors are.

•Make sure your own finances are in good order. You might want to take some time off of work at the beginning of your caregiving, so make sure that you understand the FMLA.

•Make a personal care agreement with the elderly person. This is a written statement about what the expectations are. While not a legal document, this will help give everyone peace of mind and make the transition easier.

•Have your own support team in place. Caregiving is not easy. Make sure that you have people who can support you when you need it. You should enlist the aid of friends, family and organizations for the elderly.

Reference: Forbes (Jan. 22, 2017) “4 Critical Things To Do Before Becoming A Caregiver.”