Alzheimer Association offers support for employee caregivers

The holidays are a time when family and friends come together.  But for families living with Alzheimer’s disease and other, the holidays can be challenging, especially for caregivers.

As your employees return to work after the holidays, they might be concerned about their loved ones.  You can help by providing these timely tips on how to recognize the signs of Alzheimer’s in a loved one.  Face-to-face encounters often reveal changes in behavior that may go unnoticed through the phone or email.  The Alzheimer’s Association, Central Ohio Chapter is here to answer all your questions 24/7, 365 days a year.  Our HELPLINE [800-272-3900] offers support to families in need.  A member of our clinical staff is here to serve you.

Early diagnosis of Alzheimer’s disease is an important step in getting treatment, care and support service.  People who are diagnosed early have the ability to:

•  Benefit from treatments that may improve symptoms and help maintain a level of independence
• Participate in decisions about their own care, transportation, living options and financial matters
• Develop a relationship with new doctors and care partners
• Increase chances of successfully finding a clinical trial through TrialMatch

AND, knowing the truth makes it easier for family members to manage care.

Currently, over 1,400 companies, large and small have joined the Alzheimer’s Early Detection Alliance (AEDA).  We encourage your company to sign up for this FREE SERVICE that provides a monthly newsletter, workshops and a toolkit of resources for the purpose of educating your employees.  The Alzheimer’s Association realizes that companies and their employees care about eldercare issues and we recognize those companies on our website.  AEDA makes it easy for you to introduce this topic to your employees with free resources  and the support from your local Alzheimer’s Chapter.

As you consider utilizing the AEDA resources please consider:

• 66% of employees caring for a loved one had to arrive late to work, leave early or take time off due to caregiving demands
• 14% had to take a leave of absence
• 10% had to reduce their work hours
• 10% had to quit

AEDA can help….please consider joining now by visiting our website at www.alz.org/aeda for more information.  If you have any questions please contact Suzy Rudolph at 614-457-6003 or srudolph@alz.org.  I would be more than happy to schedule an onsite workshop for your employees.

A Cheaper Alternative for Respite (Adult Day Care)

Since the downturn of the economy, costs for health care have been on the rise. According to a 2011 market survey of long-term care costs, the national average daily rate for a private room in a nursing home rose 4.4% last year from $229 in 2010 to $239 in 2011. Similarly, the national average monthly base rate in an assisted living community rose 5.6% from $3,293 in 2010 to $3,477 in 2011.

These rising costs are frightening to many young caregivers who are trying to find the best way to care for their loved one. If your loved one is suffering from dementia or other chronic diseases such as chronic hypertension, physical disability, cardiovascular disease, diabetes, mental illness and developmental disability, you may want to look into an adult day care program.

While the costs of adult day care rose along with other health care costs, it still remained the lowest annual rate in 2011 when compared with the annual costs of nursing homes, assisted living communities, and home care.[i] Though daily fees for adult day services vary depending upon the services provided, the national average rate for adult day centers is $61 per day (includes 8-10 hours on average) compared to an average rate for home health aids of $19 per hour.[ii] Furthermore, nearly 78 percent of adult day centers are operated on a nonprofit or public basis.[iii] (more…)

Expert Help Available for Seniors on the Move

Cheryl was in a panic trying to get her parents home sold in Florida and move them near her in Idaho. Seven years ago Max and Clara purchased their retirement home in Florida and moved there from Idaho. Max had a stroke recently and Clara can no longer care for him herself, so in order for Cheryl to help out they need to move back to Idaho.

As is often the case, when elderly parents have health problems, the children are called on for help and support in major decisions. Unfortunately, Cheryl is not able to leave her job and family in Idaho to spend time selling the home in Florida nor find living arrangements for her parents in Idaho.

“More than 65 million people, 29% of the U.S. population, provide care for a chronically ill, disabled or aged family member or friend during any given year and spend an average of 20 hours per week providing care for their loved one.” Caregiving in the United States; National Alliance for Caregiving in collaboration with AARP; November 2009

The AARP estimates that over 25 million Americans struggle to balance work responsibilities with caring for a relative aged 50 or older.

The National Association of Realtors recognized the specialized need of seniors and their families to sell an established home quickly and efficiently. They have established a designation for realtors called Seniors Real Estate Specialists® (SRES®). To earn the designation a realtor goes through a comprehensive program which qualifies them to know how to work with seniors in the 50+ real estate market. (more…)

One good reason to delay your social security payments

Powell: There aren’t many things good about a zero-interest-rate-policy world for retirees or those planning their retirement. But researchers say there is one bright spot.

There aren’t many things good about a zero-interest-rate-policy world for retirees or those planning their retirement. But researchers say there is one bright spot.

Most households benefit from waiting to claim Social Security when real interest rates are close to zero, as they are now, according to research just published by National Bureau of Economic Research.

That’s even true for households with mortality rates that are twice the average, according to the authors of the paper, John Shoven, an economics professor at Stanford University and Sita Nataraj Slavov, a researcher at the American Enterprise Institute.

Click here to read full article

For more information on estate taxes or estate planning, please contact the elder law office of Browning, Meyer & Ball today.

PRESS RELEASE: Decision in Pooled Trust Case still leaves some unanswered questions

On April 16, 2012, the Eighth Circuit Court of Appeals issued a decision in case No. 11-2158, Center for Special Needs Trust Administration, Inc. v. Carol Olson, etc., affirming the district court’s decision that the pooled trust statute affords the Center a right of action under 42 U.S.C. 1983; that the Center did have standing; and that although North Dakota’s regulations appeared to conflict with federal law, transfers by beneficiaries over age 65 to pooled trusts are subject to Medicaid’s improper transfer penalties. (Attached.)

The Center refused a demand for reimbursement to North Dakota and sued for a declaratory judgment that North Dakota violated federal law by demanding payment from the Center and that state regulations regarding retaining residual amounts after the death of a beneficiary of  pooled trusts conflict with federal law.  North Dakota argued that because the beneficiary at issue was over 65, that the beneficiary was subject to a transfer penalty.

The Court found that North Dakota expressly reserved the right to apply its regulations against the Center in the future, and therefore the Center has standing as an injured party.  Turning to the merits, the Court found that the Center has a cause of action under section 1983, notably refusing to follow reasoning from the Tenth Circuit case of Hobbs v. Zenderman, 579 F.3d 1171, 1179 (10^th Cir. 2009).  The Court then addressed a 2008 letter from CMS which the district court deferred to extensively in its decision, noting that the district court should not have deferred to the letter and that it did not deserve Chevron deference. (more…)

How to transfer car title after death in Ohio

DESIGNATING A BENEFICIARY/TRANSFER ON DEATH (TOD)

FOR A MOTOR VEHICLE

To designate a beneficiary (i.e., Transfer on Death), the owner needs to accomplish the following:

v  Fill out form BMV 3811 – Affidavit for Designation of Beneficiaries by the Sole Owner for a Motor Vehicle, Watercraft or Outboard Motor Certificate

v  Sign form in front of a Notary and have it notarized ¹.

v  Bring the following to a title office (clerk of courts) ²

• Completed and Notarized form BMV 3811,
• Existing Certificate of Title,
• Fee of $15.00 fee.

The title office will issue a new title with the owner’s name along with a TOD designation.

Notes:

1. If the owner him/herself visits the titling agency, the owner can sign in front of a clerk and they can notarize the form on the spot for an additional fee (typically, $1.00).
2. If the owner has the form completed and notarized in advance, anyone can take it   to the titling agency to obtain the new title.

We have learned from one title office that as an alternative to visiting the titling office, an owner can obtain the new title with TOD designation via mail.  Send in the signed & notarized form BMV 3811 along with the existing title, a check for the $15.00 fee and a self addressed stamped envelope (SASE) to a title office.  It is recommended that you contact the title office in advance to confirm they will accept the form by mail and verify their address.  The locations of title offices may be found on the following web site:  http://bmv.ohio.gov/county_lst.stm Select your county (or a nearby county, if you wish) then scroll down to the County Clerk of Courts Title Office section.  Remember, title offices are often separate locations from license/vehicle registration offices.

SSA and Self-Employment

In order to qualify for Social Security Disability Insurance, you have to earn 40 credits (credit has the same meaning as a quarter of coverage).  Of the 40 credits, 20 have had to been earned in the last 10 years (worked 5 of the last 10 years).  For 2011, one credit is equal to $1,120 and four credits is $4,480.  The minimum amount required therefore will  vary depending on the specific years the individual was employed.

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Debt Collection and Your Rights

Your rights:

• A debt collector must send you a letter within five days after calling you spelling out how much you owe, to whom you owe it and how long you have to dispute the debt.

• You have 30 days from the date you are contacted by the debt collector to send the collector a letter disputing the debt and specifically requesting verification of it.

• Whether or not you owe the debt, you can tell debt collectors in writing not to contact you again.  That doesn’t eliminate the debt.

DEBT COLLECTORS CAN’T:

• Harass or use obscene words when talking to you.

• Contact you before 8 a.m. or after 9 p.m.

• Contact you without identifying themselves.

• Tell others about your debt.

• Contact you at work if your employer disapproves.

• Threaten you with arrest or jail time.

Problem with a debt collector?

• You can file a complaint, with the Ohio attorney general’s office at 1-800-282-0515 and with the Federal Trade Commission at 1-877-382-4357.

Ohio Estate Tax Repeal

The Ohio Legislature has repealed the Ohio Estate Tax, effective January 1, 2013.  The Ohio estate tax has little effect upon the business community and very few individuals have considered moving from Ohio because of the tax.  Still, this repeal is very good news for many of our clients, particularly those who farm or own small businesses, as they have traditionally bore the brunt of the estate tax system.  This development may also present a planning opportunity for married clients who currently have traditional credit shelter type trusts (also known as A/B trusts).  Once the Ohio Estate Tax is repealed, the provisions of the B Trust may become more flexible and allow for beneficiaries other than the spouse. This will further allow us to sharpen our focus on elder law issues rather than estate tax issues.

For more information on estate taxes or estate planning, please contact the elder law office of Browning, Meyer & Ball today.

Taxes & Legal

Small company owners sometimes fail to question whether their real estate taxes are fair.  As a result, they miss a terrific opportunity to save money.  For our company, real estate tax is about $35K annually.  Recently, the bank appraised our building and property at $870,000, which I felt was low.  Not long after, the county assessed taxes on a value of $1,370,000.  I nearly fell out of my chair at the discrepancy.  We appealed and reduced our taxes $8,000/year.

If you see an appraisal that does not look right, check it right away.  And keep up with what properties are selling for around you.

For more information, please contact the Columbus & Sandusky Ohio attorneys at Browning, Meyer & Ball today.