“2013 Veteran COLA Passes House”

Week of July 16, 2012

The House of Representatives passed the Veterans' Compensation Cost-of-Living Adjustment Act of 2012 (H.R. 4114). 

Although this is seen by many as a formality, passing the COLA is often pushed to the end of the year. According to House Committee on Veterans' Affairs press release, taking care of this now ensures that Vets will be given the benefits they were promised without any last minute "political tug-of-war." If signed into law, H.R. 4114 would increase the annual cost-of-living rate for veterans, which goes into effect on December 1, 2012. It is estimated that this year's COLA will be approximately 1.9 percent. The legislation now heads to the Senate for consideration.

For complete guides to all veterans benefits, visit the Military.com Benefits Center.
 
------------------------------------------
 The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

“Part 2. When your loved one changes...coping with Alzheimer's Disease”

Coping With Alzheimer's Disease

It's important to remember that the disease, not the person with Alzheimer's Disease, causes these changes.

Part. 2 Changes in personality and behavior

Because Alzheilmer's Disease causes brain cells to die, the brain works less well over time. This changes how a person acts. You will notice that he or she will have good days and bad days.

Here are some common personality changes you may see:

• Getting upset, worried, and angry more easily
• Acting depressed or not interested in things
• Hiding things or believing other people are hiding things
• Imagining things that aren't there
• Wandering away from home
• Pacing a lot of the time
• Showing unusual sexual behavior
• Hitting you or other people
• Misunderstanding what he or she sees or hears

Also, you may notice that the person stops caring about how he or she looks, stops bathing, and wants to wear the same clothes every day.

Other factors that may affect how people with Alzheimer's Disease behave

In addition to changes in the brain, the following things may affect how people with Alzheilmer's Disease behave.
How they feel:

• Sadness, fear, or a feeling of being overwhelmed
• Stress caused by something or someone
• Confusion after a change in routine, including travel
• Anxiety about going to a certain place

Health-related problems:

• Illness or pain
• New medications
• Lack of sleep
• Infections, constipation, hunger, or thirst
• Poor eyesight or hearing
• Alcohol abuse
• Too much caffeine

Problems in their surroundings:

• Being in a place he or she doesn't know well.
• Too much noise, such as TV, radio, or many people talking at once. Noise can cause confusion or frustration.
• Stepping from one type of flooring to another. The change in texture or the way the floor looks may make the person think he or she needs to take a step down.
• Misunderstanding signs.
• Some signs may cause confusion. For example, one person with Alzheimer's Disease thought a sign reading "wet floor" meant he should urinate on the floor.
• Mirrors.
• Someone with Alzheilmer's Disease may think that a mirror image is another person in the room.

How to cope with personality and behavior changes

Read more HERE


------------------------------------------
 The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Settlement Reached in Dispute over Astor Estate

Astor Estate Settlement

A settlement has been reached in the dispute over the estate of legendary New York socialite and philanthropist Brooke Astor. The settlement gives $100 million to charity and cuts in half the amount going to her son, who was convicted of stealing from her.

The Westchester County Surrogate's Court approved the settlement, which ends a civil case between Astor's descendants and the charities she supported in her will. The case centered on whether Astor's assets should be distributed according to her most recent will, executed in 2002, or an earlier version, which gave more money to charity.

While the dispute was pending, Astor's son, Anthony Marshall, 85, was convicted of stealing from Astor as her capacity to make decisions deteriorated due to Alzheimer's disease. Astor died in 2007 at age 105.

A New York City jury found Marshall guilty on 14 of the 16 counts against him, including persuading his mother to make changes to her will that greatly benefited him, and abusing his power of attorney by giving himself a $1 million retroactive raise. Marshall is currently out on bail and has appealed his conviction.
 
The settlement is based on Astor's 2002 will, but several later codicils that would have given more money to Marshall and less to charity were ignored.

The principal charities that are benefited are the Metropolitan Museum of Art, the New York Public Library, and New York City's public schools.

Under the settlement, Marshall will receive $14.5 million.


------------------------------------------
The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Music Soothes Dementia Sufferers

For Elders With Dementia, Musical Awakenings

Henry, an elderly Alzheimer's patient in an American nursing home, recently became a viral star. In a short video that has been viewed millions of times online, he starts out slumped over and unresponsive — but undergoes a remarkable transformation as he listens to music on a pair of headphones.

The clip is part of a documentary called Alive Inside, which follows social worker Dan Cohen as he creates personalized iPod playlists for people in elder care facilities, hoping to reconnect them with the music they love. Cohen tells NPR's Melissa Block that the video of Henry is a great example of the link between music and memory.

"He is able to actually answer questions and speak about his youth, and this is sort of the magic of music that's familiar for those with dementia," Cohen says. "Even though Alzheimer's and various forms of dementia will ravage many parts of the brain, long-term memory of music from when one was young remains very often. So if you tap that, you really get that kind of awakening response. It's pretty exciting to see."

Cohen says his goal is to make access to personalized music the standard of care at nursing facilities. An early concern, he says, was that headphones might isolate the patients even further. But when he first implemented the project on a large scale in 2008, putting 200 iPods in four facilities around New York, he got the opposite result: a flood of stories from the staff about increased socialization.

"People wanted to share their music with others: 'Here, you've gotta listen to this,' or 'What was the name of that song?' " Cohen says. "The music is great, but to me, perhaps the even bigger win is people having better and more relationships with those around them."

Read more HERE

------------------------------------------
The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Who Gets Access to Your Online Accounts After You Die?

What Happens to Your Facebook Account When You Die?

You may have a plan for what to do with your physical belongings after you die, but what about your online accounts? In today’s social media-dominated world, a person's digital presence lives on online even after he or she is gone.

But who has the right to access those accounts? States have begun addressing this issue with new digital access laws.

Under current Facebook policy, if an account member dies, Facebook will remove the account at the request of family or put it into "memorial status," but it is very difficult for family members to get access to the account itself.  Family members may want access to a deceased loved one's account to read messages left by friends or to have the ability to contact the deceased's friends.  Under Facebook’s policy, the estate can have access to a download of account data as long as it has prior consent from the deceased or if it is mandated by law.

Such mandates are beginning to appear.  In 2010, Oklahoma became the first state to pass a law giving estate executors the power to access, administer, or terminate the online social media accounts of the deceased. Two other states -- Nebraska and Oregon -- are now considering similar laws.

Under Oklahoma’s law, the executor automatically has the power to act on behalf of a deceased individual and access a Facebook, Twitter, or e-mail account. The executor does not have to go to court to get access to such accounts.

While states grapple with this issue, it may be a good idea to provide some instruction in your will on how to deal with your online accounts once you die. Contact your attorney to determine if this is something you should add to your will. In addition, online services have also popped up that help people pass on the digital keys to their online lives.


------------------------------------------
The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Newport RI Will Client Testimonial

Newport Elder Law Attorney Testimonial

“Thank you for your help in revising my Will. I was very impressed with the work  done by your associate Hilary Carlson. I was impressed by her efficiency and attention to detail. Her gentle spirit and intelligence are, in my mind, great assets to you and your staff. And, since I have limited means, I was grateful for the reasonable fee I was charged for such excellent service. 

If I need legal help in the future I shall return to your office for that advice. I hope you will extend my thank you to Ms. Carlson also.”

~ Client wishes to remain anonymous

------------------------------------------
The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

MEDICAID DIVESTMENT PENALTY DIVISOR UPDATE

Medicaid Divestment Penalty Update

One of the most important pieces of advice that we give to those clients who come to us for Medicaid planning is to be extremely cautious when making gifts or transfers for less than fair market value.

When a nursing home resident applies for Medicaid assistance, one of the first questions he or she is asked is whether any gifts or transfers were made within the past five years.  This is the infamous “look-back” period which can result in a penalty imposed upon the applicant.

For example:  Mr. Smith is a resident of a nursing home and is otherwise eligible for Medicaid assistance.  However, three years ago, he gave his daughter $100,000.00 as a gift.  The state uses the current divisor of $8,492.00 (up from $7,777.00 previously) to determine how many months Mr. Smith will have to wait before he can receive Medicaid.  $100,000 divided by $8,492.00 equals 11.8.

For the next 11.8 months, Mr. Smith will be ineligible for Medicaid assistance to pay for his nursing home care.  The penalty will create a huge problem for Mr. Smith and his family if the family has no other means of paying for nursing home care.

Before you or your parents make any gifts or transfers for less than fair market value, consider how these gifts may impact Medicaid assistance in the future. 

Please call our office if you have questions about the Medicaid application process or how the rules might affect you.


------------------------------------------
The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.