Tag Archives: elderly

Estate Planning

Preventing Elder Abuse

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Most families who have a loved one fall victim to elder abuse claim they never thought it would happen to them. Sadly, elder abuse is a growing problem. Con artists are getting more creative and better at their job, making it more difficult for families to discover an elderly loved one has been taken advantage of until it is too late.

Financial abuse can include a wide variety of actions such as:

  • having money or property stolen
  • coercing a senior citizen to transfer assets by using deceit or undue influence
  • forging the senior’s signature
  • falsely promising care in exchange for money or property

The above are just a few examples, but financial abuse is any act by a person who scams an elderly person for his or her own financial gain.

Unfortunately, anyone in a senior citizen’s life could take advantage of him or her. The elderly are naturally more vulnerable because they are usually dependent on others. This opens the door to predators seeking to illegally gain a profit. Additionally, family members facing financial struggles may see the older person’s wealth as their inheritance, so they believe they have the right to take advantage of it now. Further, if an individual serves as the senior’s caregiver, he or she may feel entitled to take what they want.

If you have an older loved one that is lonely, isolated, facing physical or mental disabilities, or exposed to people with financial struggles, he or she has an increased chance of becoming a victim of financial abuse. Many older individuals are reluctant to report abuse because they are embarrassed or worried it will cause them to lose their independence. In most cases, by the time the senior or his/her family realizes the scam has occurred, it is too late to do anything about it.

If you would like assistance with protecting your elderly loved ones and taking action to prevent financial abuse, contact us today. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Asset Protection

How Con Artists Use Social Media to Scam the Elderly

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Due to their dependence on others, the elderly are often the victims of financial scams. It is becoming increasingly common for seniors to have an active online life. Whether they are using the internet to monitor their stock purchases or to view pictures of their grandchildren, technology allows them a way to connect with others. Unfortunately, it also provides a way for scam artists to use information found online to perpetrate fraud against the elderly.

For example, a common scam against older adults begins with a telephone call to a grandparent. The scammer has discovered personal information on Facebook or some other social media website that the scammer uses to get the senior to trust him or her. They may say they are a friend of the elder’s grandchild (using the grandchild’s name) and claim that the grandchild is in trouble and needs financial assistance. This type of call is often made later at night when the elderly are more likely to be easily confused. In some cases, the con artist even pretends to be the grandchild requesting money, and then an alleged physician or arresting officer gets on the phone. For a trusting grandparent eager to help, this type of telephone call can quickly lead to him or her becoming the victim of financial abuse.

If you have a loved one that is an older adult who has social media websites, it is important to discuss these types of scams with him or her. It is essential that they never wire money or provide their account information without verifying the “story” first. One quick telephone call to a family member of even to their grandchild to confirm the truth of the telephone call can save your loved one a substantial amount of money and hassle.

For more information on how our elder law attorneys can assist you and your loved one, contact our office to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

Ensuring You are Cared for in your Senior Years

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In recent years, it has become more common for couples to decide not to have children. If this is the decision you have made, the question arises as to who will care for you in your senior years. While there is never a guarantee that having children will mean that they will care for you when you are in need, it is often expected that children will play some role in providing your care. With childless couples, it is important to understand that you have an even greater need to plan for your future care.

It is important for all individuals to have a healthcare proxy or healthcare agent, but even more so for childless people. A healthcare proxy permits another individual to view your medical records and make any necessary medical decisions on your behalf. Appointing a healthcare proxy involves a fairly simple and inexpensive document to be completed, which is surprising when you consider the amount of protection it affords to you.

When naming your healthcare agent, it is important to select somebody you trust and who has a comprehensive understanding of your wishes. You are not allowed to appoint your physician, nurse, social worker, or an owner of a health care facility where you are being cared for. The only exception to this general rule is if you are related to the individual by blood, marriage or adoption.

Other considerations for childless individuals are whether to purchase long-term care insurance. Having this type of policy can help ensure that you can afford the type of care you want when your health begins to decline. Additionally, childless couples should create an estate plan that sets forth how their assets will be distributed upon their death. Many of our clients who have no children favor charitable gifts. You can only accomplish this with a proper estate plan.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection, Estate Planning

How to Prevent Financial Abuse of Senior Citizens

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Because many senior citizens are particularly reliant on others, they are vulnerable to becoming the victim of financial abuse and scams. If you suspect a relative, caregiver or third-party of taking advantage of your loved one, it is important to contact one of our experienced elder law attorneys for assistance.

Below are a few tips on how to prevent a senior citizen from becoming a victim of financial abuse:

  • Make sure that more than one family member is actively involved in caring for the senior and is helping with their finances
  • Avoid having money or checks delivered to your loved ones’ home – have the funds deposited directly into his or her bank account
  • Help make sure the elderly individual stays involved in community activities as much as possible
  • If your loved one has a caregiver that is not a family member or friend, conduct a thorough investigation (including checking references) of the caregiver’s history
  • Monitor the use of funds for or by any caregivers. It’s not uncommon for a caregiver to use ATM cards or credit cards to assist the family member, but it’s a prime source of financial abuse – where the caregiver withdraws funds and continually explains it was for meals or clothing or a myriad of needs that are not traceable without receipts
  • Watch out for disappearing jewelry or other property

The above tips are not a guarantee that your loved one will not be subjected to financial abuse or become the victim of a scam, but they will reduce the likelihood of it happening. The more people that are involved in the senior’s life, the more protected he or she will be.

How do you know if your loved one is the victim of financial abuse? Each case is different, but below are a few of the warning signs:

  • Significant, unexplained withdrawals of cash
  • Valuable items are disappearing from the elder’s home
  • The senior becomes isolated from others
  • Costly or inexplicable charges on credit cards
  • Your loved one is fearful of the caregiver
  • Numerous checks made out to “cash”

Not only is financial abuse a crime that can be reported to Adult Protective Services, there are other legal options that are available. To learn more, contact one of our elder law attorneys to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

 

Estate Planning

Essential Legal Documents for Senior Citizen

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If you or a loved one are approaching your “golden years,” there are certain legal documents that should be created and signed as soon as possible. In order for another party to have the authority to discuss your medical treatment with health care providers, you must provide them the legal power to do so. Otherwise, patient confidentiality laws will prevent your loved ones from being able to assist you in making necessary medical decisions if you are unable to act on your own. And remember, these laws extend not only to your doctors, but also to assisted living facilities and nursing homes.

Each state has its own unique requirements for the legal documentation that is required to grant medical decision-making authority to another party. The primary document, in Utah is an Advanced Health Care Directive.

Advanced Health Care Directive

A Utah Advanced Health Care Directive (“Directive”) has two components. First is the appointment of an agent for health care decisions. This part of the document appoints another party to make medical decisions if you are no longer able to do so, including the right to admit you to a health care facility and other actions, which you should carefully consider. It can even nominate the person to be your guardian. Your appointed agent can also gain access to your medical records. It is important to provide a copy of your Directive to your appointed agent, your primary physician, your estate attorney (who should help you create it) and any applicable assisted living facility or nursing home.

The second part of the Directive allows you to determine whether or not you want certain life-sustaining medical care in certain events. This includes whether, or for how long you want to remain on life support. You can leave instructions regarding end of life decisions, which removes a hefty burden from your loved ones, or you can let your agent make decisions. If you execute a Directive, it is critical that you provide a copy with your agent and any relevant health care providers.

Do Not Resuscitate Orders

There is another category of health care planning that can be utilized in Utah. If you are the end stage of a debilitating disease, or in hospice care, knowing death is imminent, there is a DNR order you can sign, with the co-signature of a physician, which can stop all care to resuscitate you under your specific circumstances. This must be approached carefully. It is not intended as a substitute for a Living Will or Advanced Health Care Directive and should only be used when you are actually at the end of your life. This form should never be used with a health senior who might have an accident or health care incident and could be expected to recover.

We provide careful and thoughtful assistance with our clients in designating health care agents and in deciding the type of end of life care they desire.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Elder Law & the Unique Legal Issues of Seniors

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Many people understand that “elder law” refers to helping older adults, but most people don’t really know the specific areas where an elder law attorney can help. There is a wide range of areas where we can provide legal guidance ranging from ways to protect your assets, to protect your loved ones, and to protect your personal health and care. Below are a few examples of elder law services our lawyers provide:

  • Powers of attorney. Having a power of attorney means that you have appointed a trusted individual to supervise and manage your personal affairs should you become unable to do so for yourself. The power of attorney can be granted the authority to make financial decisions for you. Without a power of attorney, your loved ones may be forced to go through the costly and time-consuming process of having a guardian appointed by the court.
  • Living will. A living will or advance healthcare directive allows you to appoint somebody to make medical decisions on your behalf if you are incapacitated. Your living will may set forth your wishes regarding what types of medical treatment you want (including life-sustaining care), organ donation and other important decisions. This is a very important document because it removes the burden of making extremely difficult decisions from your loved ones if a medical crisis occurs.
  • Medicaid planning. Senior citizens have unique needs when it comes to planning for long-term healthcare. We can assist you with achieving Medicaid eligibility, which often includes advance planning and the creation of wills, trusts, and other important legal documents. We focus on reducing the costs of nursing home or other extended care and preserving your assets for your loved ones.
  • Guardianships. We can help you appoint a guardian to care for you if become incapable of making your own decisions due to advanced age or illness. Guardians can be granted the authority to make personal, financial and medical decisions on behalf of the incapacitated person.
  • Conservatorship or Trust. We counsel clients on the wisdom of relying on a court-appointed conservator, or creating a trust to manage financial affairs in the event of incapacity.

Let us help you enjoy your retirement years without worrying about your finances and medical care. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Asset Protection

Is your Loved One a Victim of Financial Abuse?

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If you have an elderly parent or other loved one that is a senior citizen, it is important to understand that they are particularly vulnerable to financial abuse. This is especially true if they have a mental or physical challenge.

There are certain signs that you should be aware of that may indicate your loved one is being taken advantage of. If you see a pattern starting to occur, you should take immediate action and intervene. Below are a few “clues” that financial abuse may be occurring:

  • You start noticing personal items or assets are missing
  • Your loved one has new “friends” that are influencing him or her
  • Your loved one starts receiving past due notices on his or her bills
  • There are unexplained withdrawals or transfers from the senior’s bank accounts
  • The elder’s banks statements are not being delivered to his or her home anymore
  • There are suspicious signatures on the senior’s checks
  • Your loved one is not aware of his or her financial situation and cannot explain certain financial arrangements that have been made
  • The senior has signed new legal documents, but cannot explain why it was done or what the documents mean

The above list is not exhaustive. If you believe your elderly loved one has been the victim of financial abuse, we can help. As specialists, our elder law attorneys can help you figure out what has happened and how to correct it. Along with untangling the financial mess, we can assist your loved one with creating an estate plan that truly carries out his or her wishes.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.