Category: Senior Care Reference Materials

Lack of Estate Planning Sets the Stage for Conflict

Post by Stephanie Carter, Attorney at Law, with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

A surprising number of famous people have died without any form of will or trust to direct distribution of their estate.  This has often led to conflicts over the right to control the estate assets, including intellectual property, public image, and other money-producing assets.

For example, Martin Luther King Jr. didn’t have a will when he was unfortunately assassinated.  His estate, which is run now through a corporation established by his children, often struggles to determine what King’s wishes would be.  Decades after the civil rights leader’s death, his children are still trying to sort out matters related to his estate.

Reggae singer Bob Marley left no will when he died in 1981.  Over the past 30 years, the estate has been involved in multiple lawsuits.  Handling Marley’s estate was complicated by the fact that, although Marley died in Florida, he maintained his Jamaican citizenship.  Since Jamaica’s laws of intestacy were not as generous as Florida’s, his advisors decided to prepare an estate plan AFTER HIS DEATH that Marley’s widow then signed.

The Jamaican court sorted out the issue of the falsified will and removed Marley’s widow as administrator of the estate.  The court then had to resolve the issue of who had the right to use the singer’s name, likeness and image in commerce.  About 10 years after Marley’s death, the Jamaican Supreme Court decided that Marley’s heirs possessed this exclusive right.  The heirs include the widow and Marley’s children.  Unfortunately, the list of heirs does not incude siblings.  The estate is now suing Marley’s half-brother for using his image to promote a Miami music festival and restaurant, as he has done for many years.

Swedish author Steig Larsson, known for his Millennium series that includes The Girl with the Dragon Tattoo, also died without a will.  His estate passed to his heirs (brother and father with whom Larsson was not close) rather than his long-time partner, Eva Gabrielsson.  Gabrielsson has refused to release to the estate the partial fourth volume in the book series, has fought for her share of the apartment they shared, and control over Larsson’s literary estate, which she feels better prepared to administer than Larsson’s family  The dispute is still pending.

Although your estate may not be large, and you may not be famous, proper estate planning can help pass your estate to the next generation without the conflicts that occur when money and sentiment are involved.

Stephanie Carter, Attorney at Law, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, stephanie@draneaslaw.com

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No Comments by jeanblackburn on January 30, 2012
filed in Communication and Relationships, Education for Senior Providers, Elder Law, End-of-Life Care, Family Caregivers, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Care Reference Materials, Senior Resource Alliance NW, Uncategorized

Dispute Over Estate of Stieg Larsson Highlights Importance of Estate Planning

Post by Stephanie Carter, Elder Law Attorney with Draneas & Huglin, P.C.

Member, Senior Resource Alliance Northwest

In November 2004, Stieg Larsson, Swedish writer and journalist, died suddenly of a heart attack.  Larsson became famous after his death through the posthumous publication of his Millennium Trilogy (“The Girl With The Dragon Tattoo,” “The Girl Who Played With Fire” and “The Girl Who Kicked the Hornet’s Nest”).  Today, these books have sold more than 20 million copies in 41 countries and have been made into movies.

Larsson lived for 32 years with the architect Eva Gabrielsson.  They never married; they had no children; and he did not leave a will.  Swedish law makes no provision for common-law marriage.  Under the Swedish law of intestacy, Larsson’s entire estate was inherited by his Father and Brother, from whom he was estranged.

This disposition of Larsson’s estate sparked a bitter dispute between Larsson’s Father, Brother and Eva Gabrielsson.  Gabrielsson claimed that Larsson’s Father and Brother Larsson “were never a part of our lives” and that they are unsuited to handling his estate–including the valuable copyrights.

Larsson’s former workplace, Expo, owns the computer on which is stored the partial manuscript for the fourth book in the Millennium series.  Larsson’s Father and Brother own the contents of the computer.   However, Gabrielsson currently is in possession of the computer and has so far refused to hand it over.

Negotiations between the parties began in November 2009, but were broken off the following month when Gabrielsson announced she had declined a ”settlement” offer of about 2 million euros from Larsson’s estate (which is now valued in the tens of millions of euros).  The dispute remains unresolved.

 

Practical Application Under Oregon Law

The situation described above is unfortunately all too common.  The outcome under Oregon law would be similar to that of Sweden in this context. If a person dies with no will, the deceased person’s probate estate wil pass to members of his or her family in the order of priority listed in the statute.  If assets like bank accounts, certificate of deposit, and life insurance list beneficiaries, the asset will pass to the listed beneficiary.  If no beneficiary is listed, the asset becomes a part of the probate estate.

The problem also arises when a deceased person signs estate planning documents, but never updates them and does not regularly (every 3-5 years) check the beneficiary designations on assets that do not pass by will or trust.

It is very difficult when I have to tell a client that he or she will not share in a loved one’s estate because of outdated documents.  Do you have estate planning in place?  If so, how long has it been since you updated it?

Stephanie Carter, Draneas & Huglin, P.C., 4004 Kruse Way Place, Suite 200,
Lake Oswego, OR, (503) 496-5509, Stephanie@draneaslaw.com

 

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No Comments by conniemulligan on October 20, 2011
filed in Alzheimer's and Dementia, Baby Boomer Age Wave, Education for Senior Providers, Elder Law, Financial Issues, Risks, Resources, Legislative and Political Issues, Senior Care Reference Materials, Senior Resource Alliance NW

Senior Resource Alliance NW – Professionals to Serve Your Senior Loved Ones

Blog Post by Mike Brunt

Those who have helped an aging loved one through the later years of life know that the romanticized picture of old age as sipping lemonade on a porch swing is a far stretch from the actual experience. The realities of aging force seniors and their family members to confront physical, emotional, logistical, financial, legal, and caregiving challenges that are hard to predict, even harder to accept, and impossible to completely avoid.

What is needed is a strong group of affiliated service providers who can provide needed services and confidently refer you to other resources you can trust…enter Senior Resource Alliance NW.

 

The Senior Resource Alliance NW was formed to be an inter-connected group of professionals in the Portland Metro Area who provide essential products and services to seniors and those who care for them.

If you are working with your aging mother on estate planning and advanced directives for health care, you may also be in need of a trusted provider of in-home caregiving services or home remodeling. Or, if you are working on moving your parents into an assisted living community, you may also need help with an estate sale or the physical process of downsizing and moving. If Medicare is your hot topic, you may also be looking for financial planning or information you can trust about reverse mortgages. Whatever your need may be, the Senior Resource Alliance NW is your source of friendly, reliable professionals who will be there for you when you need them most.

Areas of Expertise:

  • Counseling Services
  • Daily Money Management
  • Estate Planning & Elder Law
  • Financial Planning
  • Geriatric Care Management
  • Home Remodeling & Repair
  • In-Home Care
  • Insurance
  • Mortgages
  • Real Estate
  • Relocation Services
  • Senior Housing

 

2011-2012 Officers for the Group Are As Follows:

President: Barbara Murphy, Neil Kelly Company
Vice President of Marketing: Stephanie Carter, Draneas & Huglin, P.C.
Chair of Marketing: Mike Brunt, Home Instead Senior Care
Secretary & Chair of Membership: Kim Megorden, KARE Transitions, LLC
Treasurer: Sandra Wagner, Frazier Hunnicutt Financial

 

Contact Information for the Senior Resource Alliance NW:

WEB: www.sranw.com
PHONE: (503) 442-3864
EMAIL: info@sranw.com

 

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No Comments by Mike Brunt on October 5, 2011
filed in Aging In Place, Communication and Relationships, Elder Law, Financial Issues, Risks, Resources, Senior Care Reference Materials, Senior Housing Options, Senior Resource Alliance NW

Win Your Copy of “Stages of Senior Care” Signed by Paul Hogan

Blog Post by Mike Brunt

Thanks to all of you who made time on February 10 to hear Home Instead founder, Paul Hogan, speak about his book, Stages of Senior Care, in Portland. We had a great turnout of about 100 people.

Everyone who attended the event received a free copy of Paul’s new book, Stages of Senior Care: Your Step-by-Step Guide to Making the Best Decisions. Attendees had the opportunity to meet Paul personally and have him sign their copy of the book. 

I know there are many more of you who wanted to come to the event, but couldn’t make it. I had Paul sign five extra books, and I’d like to get them into the hands of people who want them. To make it a little more fun, I decided to make it a game. (Can you tell I have a 4-year-old and a 1-year-old at home?)

 

How to Win Your Signed Copy of Stages of Senior Care:

1. Follow this link to our Facebook page.

2. Click on the “Like” button.

3. First 50 people to do this will have a 1 in 10 chance to win one of the 5 signed copies of the book!

1 Comment by Mike Brunt on February 21, 2011
filed in Education for Senior Providers, Senior Care Reference Materials

White Paper: In-Home Care’s Growing Importance to Health Care

Blog Post by Mike Brunt
White Paper Research Findings from Home Instead Senior Care

Paid In-Home Care: A GROWING PART OF THE MEDICAL-CARE CONTINUUM

The Home Instead Senior Care-commissioned research shows that as the number of older Americans rapidly expands, professional in-home non-medical care can play a vital role in shoring up a U.S. healthcare system that’s already stretched thin in funding and staffing – and that will become far more strained in the coming decades.

The study found that the use of in-home non-medical care can help families provide more and better overall care for older family members, and that it augments healthcare services seniors already receive – especially care provided in their homes by non-physician medical professionals.

For those older adults who have chronic health problems or who present demanding care-giving challenges, professional in-home non-medical care is an especially significant supplement to clinical medical care, and family care.

In a particularly compelling finding, the study indicates that on average, seniors receiving in-home non-medical care reportedly required 25-percent fewer doctor visits each year. It is our hope that further investigation can be done to deepen our understanding of this relationship, which has major financial implications for seniors and their families, the healthcare system, and the federal budget.

And overall, the use of professional in-home non-medical professionals has a major impact not only on the quality of care that seniors receive, but also on the number of hours per week of care provided to these older adults.

Finally, the use of professional in-home non-medical care may help delay or even prevent the need for more formal medical care, potentially taking significant pressure off the country’s cash- and resource-strapped healthcare system–especially hospitals and nursing homes. And in-home non-medical care may help lead seniors toward other labor- and cost-effective choices along the medical-care continuum.

White Paper:
Paid In-Home Care: A GROWING PART OF THE MEDICAL-CARE CONTINUUM

No Comments by Mike Brunt on February 17, 2011
filed in Baby Boomer Age Wave, Education for Senior Providers, Senior Care Reference Materials

What You Need to Know About Long-Term Care

Blog post by Mike Brunt
Content from the Society of Certified Senior Advisors

Get more info and download the free guide.

About 70 percent of people over age 65 require long-term care services to some extent, and the likelihood of needing care increases even more as you age. Yet the cost of long-term care often exceeds what the average person can pay from their income and other government programs. It is more important than ever for everyone, including seniors, their families and those professionals who work with them, to understand and plan ahead for long-term care.

The Society of Certified Senior Advisors has created a new comprehensive white paper on long-term care, What You Need to Know About Long-Term Care, that will provide you with invaluable information, including:

  • The importance of long-term care
  • What options for services are available
  • The costs associated with long-term care
  • How to determine whether long-term care insurance is right for you
  • Tools and guides to help you set up a plan

 

Get more info and download the free guide.

No Comments by Mike Brunt on February 15, 2011
filed in Education for Senior Providers, Financial Issues, Risks, Resources, Practical Tips and Resources, Senior Care Reference Materials

Founder of Home Instead to Speak in Portland on February 10

Event Now Passed: See Photos on Facebook

 

Blog Post by Mike Brunt

Those of you who have been following this blog for the past year probably by now recognize the name “Paul Hogan.” Paul and his wife, Lori, founded Home Instead Senior Care 17 years ago and last year wrote the USA Today Bestseller, Stages of Senior Care: Your Guide to Making the Best Decisions.

Mark Your Calendars!

On February 10, from 4-6 p.m., you are invited to hear Paul speak at the Embassy Suites Hotel in downtown Portland. He will address long-term care professionals and family caregivers about the range of support services and resources available to seniors as they age. Paul’s presentation draws from ideas presented in the book including senior care options, pros and cons of each, relative costs, pitfalls to avoid, when each option is most appropriate, and how to deal with family conflict and caregiver stress.

CEU UPDATE
This event is approved by the Oregon Nursing Home Administration Board for 1 general hour of CEU credit. 

Attendees will also receive a free, signed copy of the book, Stages of Senior Care, and will get a chance to chat with Paul for a few minutes. 

Here are some examples of how Paul is a thought leader in the senior care industry:

http://seniorcare2share.com/2010/11/seniors-and-the-information-gap/
http://seniorcare2share.com/2010/08/caring-for-the-aging-time-to-create-a-new-model/

On a Personal Note…

Paul came to Bend, Oregon last year for a similar event where he spoke to long-term care professionals and adult children of aging parents. I decided to make it a father and son adventure with my just-turned-four-year-old boy, Henry. It was so much fun. Early in December, when I found out that Paul would be here for this event on February 10, I said to Henry, “Paul Hogan is coming to town.” He immediately responded, “Like Santa Claus?”

So, if you want to feel the excitement that a child feels at Christmas, just attend this event. You will be glad you did. 

No Comments by Mike Brunt on January 18, 2011
filed in Education for Senior Providers, Family Caregivers, Financial Issues, Risks, Resources, Practical Tips and Resources, Senior Care Reference Materials

Hillsboro Argus – Home Care Guide Provides Solutions to Family Caregivers

Tuesday, June 29, 2010
The Hillsboro Argus

HOME CARE GUIDE PROVIDES SOLUTIONS FOR FAMILY CAREGIVERS

With the senior population expected to reach 72 million by 2025, according to the U.S. Census Bureau, more and more families will be dealing with care decisions. Family caregivers now have a free resource to help guide them through the sometimes complicated maze of home care choices.

The Home Care Solution: A Guide to the Best Choices for Seniors and Those Who Care About Them
has been produced by the Home Instead Senior Care network.

The guide will provide family caregivers with answers to a number of caregiving questions including:

  • Who provides home care and what do they do?
  • Are all home care companies the same?
  • What questions do you ask when looking for a home care company?
  • How much does home care cost?

 

Featured in the guide are important distinctions between home health care and non-medical care, the signs to watch for that could signal when a specific type of home care is warranted, the differences between types of caregivers and what families need to know to protect their loved ones, and the various costs involved including the ways that exist to fund home care.

The guide is available free by calling 866-996-1087.

For a free copy of the guide, please call your local Home Instead offices in Hillsboro and Tigard at 503-530-1527, or get more information online at www.homeinstead.com/606.

1 Comment by Mike Brunt on July 1, 2010
filed in Family Caregivers, Senior Care Reference Materials

On Becoming A Certified Senior Advisor

Blog Post by Mike Brunt

ON BECOMING A CERTIFIED SENIOR ADVISOR

In June, I was able to do something I had wanted to do for several years…take the course and pass the test to receive the Certified Senior Advisor (CSA) designation. This short blog post is to explain more about why I wanted to become a CSA, what I learned, and the process I followed to earn this professional designation.

In 2002, I earned my Masters in Business Administration degree from George Washington University in Washington, DC. In 2005, when I started my Home Instead Senior Care business, I felt I had an academic and professional foundation to start and run a business. Though I didn’t have a clinical healthcare background, I had a passion for serving seniors, the leadership skills to build my organization, and the tenacity to grow a senior home care operation from scratch starting with no clients and no CAREGivers.

I have found tremendous advantages in being inside the franchise system that pioneered non-medical in-home care and that today is the largest and most trusted provider in this niche. Besides all the support from Home Instead, Inc., wonderful employees, and my family; I truly feel my Heavenly Father has watched over my endeavors and blessed me at many critical moments along the way.

Five years and 500 clients later (and two children), I have a wonderful small business that gives me the opportunity to add value to society in so many ways. I have seen and learned so much in these five years, and I truly feel that the service my CAREGivers and staff provide has attributes of quality and personalization that set me apart from my competitors. Still, I suppose that some of my more clinical referral providers could question my qualifications to run an organization that makes such a difference for the health and well being of seniors.

So, to me, earning the Certified Senior Advisor designation was an important step in my professional development. Also, I think it will help me demonstrate to my constituents that I have gone the extra mile to obtain knowledge and understanding about seniors, their needs, and their special circumstances.

What did I learn in the process of becoming a CSA? The curriculum for the course is designed to support professionals of all kinds who work with seniors by providing broad-based knowledge of the health, social, and financial issues that are important to seniors. The course involved three full days of classes and on the fourth day was a 3-hour exam. Because we were covering such a massive amount of information across a broad range of topics, I did feel like I was drinking from a fire hose. However, the thick textbook that is the basis for the course is a great resource that I will be able to refer to regularly in my work with seniors.

This list includes some of the things I learned:

  • Seniors’ three top fears – and how I can help seniors address them
  • Special physiological and nutritional needs of seniors
  • Signs of normal cognitive aging versus dementia
  • Where most seniors prefer to live – and the newest choices in senior housing
  • What seniors should know about Medicare, Medicaid and Social Security
  • Key questions seniors should ask before they buy long-term care insurance
  • What advance directives do and don’t do
  • The stages and tasks of grief – and how to respond to someone who’s grieving
  • How to market ethically to seniors
  • Best ways to communicate with seniors – and what not to do

 

In summary, I would definitely recommend the CSA designation to professionals who work with seniors in any capacity. As an owner and operator of an in-home care agency, the course gave me new knowledge, particularly about how Social Security, Medicare, and Medicaid work. Also, the material served as an excellent overview of my existing knowledge base in regards to building relationships with seniors and their loved ones. It’s nice to have it all in one book.

To learn more about becoming a Certified Senor Advisor, please visit the web site of the Society of Certified Senior Advisors.

1 Comment by Mike Brunt on July 1, 2010
filed in Education for Senior Providers, Senior Care Reference Materials

Get a Signed Copy of “Stages of Senior Care”

Blog Post by Mike Brunt

By now, many of you have heard about a new book entitled, Stages of Senior Care: Your Step-by-Step Guide to Making the Best Decisions. I’ve been talking a lot about this book since it was published last year, and I want to use this blog entry to help spread the word about the book and how it can help. To make it a little more fun, I have three copies of the book, signed by the author, for the first three of you who email me at mike.brunt@homeinstead.com to request your copy.

More About the Book

The book was written by the founders of Home Instead Senior Care, Paul and Lori Hogan. It quickly rose to the status of a USA Today Bestseller and is described by Mehmet Oz, M.D. as “Informative, complete, and practical. This book will guide family caregivers through the surprisingly complex world of senior care.”

The emotion-charged process of providing care for your aging parents has become more complex over the past 20 years. What used to be a binary decision – choosing between family care at home and a nursing home – is now a maze of bewildering options and alternatives for the uninformed.

Stages of Senior Care guides readers through this process by providing a clear and practical presentation of:

  • The options
  • The pros and cons of each
  • The relative costs
  • What to look for
  • What to avoid
  • The pitfalls
  • How to know which option is right when
  • How to pay for services and
  • How to deal with complications (family conflict, and caregiver stress) that are almost certain to occur.

Stages includes checklists and diagnostics designed to help families make good, life-affecting decisions while confidently planning the best care for those they love most.

Based on research, up-to-date information and the experience of 15 years in the senior care industry, the Hogans have provided a book that will take the trauma out of decision making, eliminate guilt, and build the confidence for those thrust into the position of making care decisions.

All of the profits from the sale of this book will be donated to the Home Instead Senior Care Foundation. The foundation exists to support local non-profit groups that improve the quality of life for seniors. In recent years, Portland based, Elders in Action, was a recipient of grant money from the foundation. 

See the table of contents and read excerpts from the book at www.stagesofseniorcare.com.

More About the Authors

Paul and Lori Hogan’s inspiration to start Home Instead Senior Care came after Paul’s mother brought his grandmother home to live with them. Paul’s mom was one of twelve kids, but she was the one who lived the closest and the one who was most willing to “take care of Mom.”

Paul said his mom had no idea what she was getting into, but fortunately, Grandma Manhart had 12 children, 50 grandchildren, and 51 great grandchildren.

There were a lot of people to draw on for help, and it seemed to Paul that everyone did their part to encourage, stimulate, and assist Grandma Manhart. In fact, she did so well with this family assistance that she lived another 11 years instead of the 1 year that doctors had previously estimated. Paul and his wife Lori were amazed at the difference the personal attention and assistance made for Grandma Manhart, and they wondered how other families with fewer children were coping with this challenge.

So, Paul and Lori started Home Instead Senior Care in 1994 to provide the benefits of non-medical in-home care to other families. Before that time, there were really two choices when beloved seniors began to fail – care by family members at home or care at a nursing home. Home Instead was among the earliest providers of its kind and really pioneered the market niche for non-medical home care.

Paul is a recognized thought leader in the senior care industry and has recently been interviewed by Time Magazine, Forbes, CNBC, and US News & Report.

1 Comment by Mike Brunt on June 1, 2010
filed in Communication and Relationships, Family Caregivers, Senior Care Reference Materials
At Home Instead Senior Care, we provide non-medical services to senior citizens in their own homes or apartments. Our services include companionship, light housekeeping, meal preparation, medication reminders, escorting to appointments, personal care, and dementia care. We help seniors maintain their independence and help them stay safe, healthy, and happy at home, wherever home may be.