After reading this article, if you have changed your mind, then call us at (586) 264-3756.
This weekend, I cam across a great article on Dementia. I have republished this article for your review here:
More Education Delays Dementia Signs--But Not Damage
A new study of hundreds of human brains helps to explain why education seems to help stave off dementia
By Katherine Harmon
Education has been liked to decreased risk for dementia for decades, but researchers behind a new study opened up the brains of hundreds of people who had died with the disease to try to find out why this correlation exists.
The scientists found that the number of years a person had spent in school early in life did not change the amount of damage to the brain from dementia.
Most of the previous studies describing the link between education and risk for dementia were purely observational—a method in which "you can't really prove a cause and effect," says P. Murali Doraiswamy, head of biological psychiatry at Duke University and who was not involved in the new research. He also notes that many of the cognitive tests to diagnose dementia are biased against those who have lower levels of verbal and reasoning abilities due to less education to begin with.
"If low education is truly associated with dementia then you would see a higher pathology in the brain," Doraiswamy says. And that is not what the researchers behind the new study found. The work is described in a paper published online July 26 in Brain.
The findings indicate that a person's education in early life does not have much impact on how much physical damage dementia seems to do to the brain. Those who had the fewest years of formal education had "increased vulnerability to cognitive deterioration," the researchers noted in the study, making them less able to cope with slipping mental function.
But the conclusions do not indicate that the more learned are immune to the degenerative condition. A number of well-educated scientific minds, such as Charles Kao whose 1960s work on fiber optics won him the 2009 Nobel Prize in Physics, have fallen prey to Alzheimer's disease.
The researchers analyzed survey data and interviews from three large cohort studies in the U.K. and Finland in which subjects were followed for up to two decades. And 872 people in the studies donated their brains for postmortem analysis (some 56 percent of whom showed some signs of dementia before death). Most of those who died during the studies had finished their formal education more than 70 years before death—an association that the authors of the new paper described as "remarkable."
The years of education ranged from zero through postgraduate degrees. Subjects who hailed from the U.K. had had a nine-year mandatory school minimum at the time when subjects were growing up, but those from Finland tended to have far fewer, which was "quite informative because there was no mandatory education [there] at the time," says Hannah Keage, a researcher at the University of Cambridge's department of neuroscience and a co-author of the new study.
Education for a healthier brain?
As the number of people projected to be diagnosed with Alzheimer's disease grows by the decade, researchers struggle to tease apart the possible confounding variables to find clearer understandings of risk. Everything from diet to exercise to a word-puzzle habit have been purported to help reduce the risk of dementia, but many of these lifestyle issues are also intimately linked to education.
"There's a really big hypothesis that those with less formal education led a less healthy lifestyle," Keage says, "but we didn't really find that at all." Many studies have pointed to a greater risk for cardiovascular disease in lower socioeconomic classes (in which people are also likely to have fewer total years of education). But the brain dissections showed that vascular damage, which has been linked to dementia, did not correlate with the amount of formal education a person had had in their younger years.
The researchers did find that on average, those with additional years of formal education had heavier brains at the time of death.
"We can't tell if it's education leading to greater brain weight," Keage says. "It may be that those with larger brains are more predisposed to taking more education." As she and her colleagues discuss in the study, the more substantial heft might be due to an increased number of synapses as a result of education—and a more stimulating, healthier mental life thereafter.
Researchers are still on the hunt to figure out just what role early-life education has on later-life cognitive performance. "Is it truly a cause and effect, or is it a marker for something else?" Doraiswamy asks of education. Education, he suggests, could be a marker for something as distant as prenatal nutrition, as mothers who do not get the proper nutrition while pregnant often give birth to children with smaller brains.
Improving odds
Although no cure exists for Alzheimer's or other forms of dementia, some research results have suggested slight benefits if dementia is diagnosed early. As such, does this mean that a more educated person, who might not show signs of decline as early on as someone less learned, would be at a disadvantage?
Not necessarily, Keage says. "Those with higher education are more likely to seek services" and diagnosis if they start to feel they are slipping. She adds that "those with a higher education do have a sharper trajectory [of decline] to death."
But for most the news that formal education early in life might help delay some of the symptoms of dementia comes decades too late. "People past their education age seemed to be disappointed by the results," Keage says. She emphasizes, however, that education seems to be "just one more factor that can modify your dementia risk." Doraiswamy says it likely plays a small role and is probably less important than genetics as well as a host of health and lifestyle factors that are only starting to be parsed out.
"There's probably still some neuroplasticity left in the brain during adulthood," Doraiswamy notes. He suggests more studies of the impact of midlife and late-life hobbies and occupations to see what patterns education duration plays throughout life—and what those long past their campus days can do to improve their odds.
For now, research suggests a healthy diet, exercise and social engagement as likely to help stave off the dreaded condition. So if you did not go in for a PhD, Keage says, "I don't think it's time to give up yet."
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Our firm is proud to be the official law firm of Spartan Nation. Spartan Nation is a great sports network dedicated to college athletics news with a specific interest in the Michigan State Spartans athletic teams.
Every Wednesday, at 8:35PM, we are pleased to present "Sports and the Law," a segment following recent legal developments and their impact on the world of sports.
]]>In fact, the biggest error that I routinely see is the failure to address "living probate", by a "Do It Yourself Estate Planner". As you may be aware, Michigan law allows for two type of probate: (1) living probate; and, (2) probate of the Estate. As most people try to avoid the probate of an estate after death, they often ignore avoiding probate in the event of a disability.
Simply stated, if you become disabled and are unable to handle your own affairs and have NOT made arrangements by executing power of attorney documents, your family will be forced to seek a guardianship and conservatorship in Probate Court.
This is because, in addition, to having authority of decedent's estates, the probate court has exclusive jurisdiction (authority) over the matters of an incapacitated person. Although a guardian and conservator will have authority over the affairs and decisions of a disabled person, Court involvement is often expensive, restrictive and time consuming. Fortunately, for those who plan with an attorney, probate can be avoided at the time of incapacity and death.
Michigan law provides us with tools to avoid both forms of probate. Living probate can easily be avoided by executing power of attorney documents. A general durable power of attorney allows an individual to appoint someone else to handle his or her day-to-day affairs and manage his or her finances. A medical power of attorney allows an individual to appoint someone to handle his or her medical decisions in the event of disability.
Power of attorney documents can be complex. Therefore, it is always advisable to consult with a qualified elder law attorney to draft these documents to meet your estate planning goals. If you reside in Macomb County, or in the Metro Detroit area, and, are looking for an elder law attorney, call us at (586) 264-3756.
]]> http://www.smdalaw.com]]>Clients often come to our office in Sterling Heights after hearing about the A&A benefit through seminars organized by financial planners. Seminars in Southeast Michigan are becoming more and more common place as insurance agents and planners learn that eligibility for such benefits can be created through the use of careful financial planning.
Although seminars can provide valuable information to veterans, an attendee should exercise caution prior to working with a planner to apply for such benefits. Prior to working with a planner, a potential client should perform his or her own due diligence by asking the planner a few simple questions:
1. Do you also practice Medicaid financial planning?
2. Do you have a relationship with a Service Organization?
3. Do you have an existing relationship with an elder law attorney?
4. What is your commission in assisting with my planning?
These questions will shed light on the planner's intentions and whether or not he or she truly has the best interests of the client in mind. If the planner is unable to answer these questions, the potential client should consult with an elder law attorney that is skilled in the areas of VA benefits and Michigan Medicaid law.
Because federal law currently does not provide a "look-back" period for A&A eligibility there is an incentive for planners to earn commissions by funding financial products owned by people other than a veteran seeking A&A benefits. This strategy can be catastrophic if the planner is not well versed in state Medicaid law.
Conversely, current federal law provides that a Medicaid applicant is subject to a five (5) year "look-back" period. This audit period is designed to identify gifts, transfers, or "divestments" made within five (5) years of an individual's application for Medicaid benefits. Any such transfers will result in periods of ineligiblity to receive Medicaid benefits even if the applicant is otherwise qualified to receive nursing home benefits from Medicaid. As a result, transfers made for A&A eligiblity can disqualify an applicant from receiving Medicaid benefits for later nursing home care.
However, through prudent planning an individual can avoid this pitfall. Prudent planning can be accomplished by working with a team of advisors which should include an elder law attorney, CPA, and a financial planner well skilled in Medicaid and VA planning that also has an affiliation with a veteran's service organization.
As always, if you are a resident of Metro-Detroit and are looking for legal advice feel free to contact our office for a free consultation at (586) 264-3756 or via the internet through our website: www.smdalaw.com.
Remember, "Call first... Act second!"
]]>Through our sponsorship, we have become the "Official Law Firm of Spartan Nation". Spartan Nation is a media source created by its founder, Hondo Carpenter, Sr.
If you are an MSU alumnus or have a family member enrolled at MSU, please mention your connection when making your appointment to receive a courtesy discount on professional services.
In the case of a surviving spouse, either the veteran's death certificate should list one of these presumptive diseases as cause of death OR the cause of death must be linked to one of these diseases.
The decision to add these three new conditions was based on scientific evidence linking these conditions to exposure to Agent Orange, an herbicide sprayed in Vietnam. As in all other conditions, the VA typically requires proof of "boot on the ground" in most cases or proof of direct exposure to Agent Orange.
Please note that on November 2nd, the National Veterans Affairs and Rehabilitation Commission released a bulletin stating that the VA instructed its regional offices to stay the adjudication of all claims seeking presumptive service connection related to the three new conditions pending the introduction of final regulations into the Federal Registry. However, veterans (and surviving spouses) who would qualify for these benefits are urged to go ahead and submit a claim to help lock in a retro-active payment date.
The general rule of thumb is: If the veteran is rated 85% or more and is receiving close to or more than pension would pay, the veteran should at least consider filing for an increase in SC compensation over pension.
Even in cases where the veteran is rated 100%, it may be possible to get additional VA money in the form of Special Monthly Compensation (SMC).
Veteran compensation claims generally take longer to process than pension claims; therefore, when in doubt, it may be best to apply for pension for those eligible veterans. Once the pension is awarded, the veteran can always submit a second claim for compensation and if approved, the VA will award whichever claim pays the most.
Most commentators agree that the best way to avoid access to joint accounts or misuse of funds is to establish an effective long term care plan that includes estate planning documents that contemplate planning for disabilities or governmental benefits. By working with an accredited individual or an elder law attorney you can put together the best defense possible against elderly financial abuse.
In todays Detroit News, I came across a great article on point. The article can be found here, or I have included it as an excerpt to this post.
]]> Financial abuse of elderly rises as economy sinksAdvocates say stronger laws needed to protect money, property
Catherine Jun / The Detroit News
Wyandotte -- Two years after Jeanette Cowie moved into an assisted living facility and gave her 30-year-old granddaughter control of her finances, the 78-year-old found her bank account nearly emptied and her rent unpaid for months.
Family members suspect the granddaughter. She was the only one with access to Cowie's money. "We trusted her. We had no reason not to," said Terri Cowie, daughter-in-law to Jeanette Cowie.
Hundreds of seniors across Michigan have similarly fallen victim to financial crimes. The number of suspected cases of financial exploitation of seniors investigated by Adult Protective Services has nearly quadrupled since 2000, totaling 1,316 in 2008, according to the Michigan Department of Human Services.
And as Michigan continues to sink into an economic chasm, senior citizens are a prime target for such abuse, social service workers say. Legal advocates say stronger protections are needed, ones that go even further than the legislative package proposed by state House Democrats last month.
"We need to get up to speed and protect the persons that are the most vulnerable victims that we have," said Tom Wenzell, principal prosecuting attorney for elder abuse in Wayne County. In Cowie's case, the granddaughter stopped answering calls and then moved, family members said. She did not return calls from The Detroit News for comment.
When people hear about financial abuse, many think of phony investment schemes or Internet scams.
But attorneys say just as common are instances of exploitation perpetrated by a loved one or friend.
Those offenses include swiping checks, stealing savings, and even defrauding seniors of their homes.
"When there's financial exploitation, the three usual suspects are -- in this order -- family, caretakers and new best friends," Wenzell said.
In 2003, Wayne County Prosecutor Kym Worthy established the county's Elder Abuse Unit to exclusively handle such cases. In 2008, the team prosecuted 133 cases.
Senior citizens, who often are in poor health or suffer from failing memory, are more vulnerable to scams, experts say, and they are the least likely to prosecute.
"There's not only the embarrassment, but there's also the shame that someone in your family did this to you," said Katy Graham, managing attorney at the Elder Law and Advocacy Center in Redford Township.
A shocking discovery
Johnny Watt, 82, added his 61-year-old daughter to his checking account to help pay bills when he found his health failing.
The retired longshoreman said he was shocked to find out she had withdrawn $240,000. When he contacted the police, he was told he would have a tough time making a criminal case since she was authorized to access the account.
"I'm a hard-working man ... and now this happened in my old age," Watt said. "All I want is my money back."
Watt's daughter did not return calls for comment.
Even in a poor economy, seniors usually have steady income -- Social Security and sometimes pension checks.
"Seniors have a set income coming in," said Cynthia Farrell, administrator of adult services at the Department of Human Services.
"Those become prime areas where you look for money."
Seeking justice often is difficult, especially when the senior signed a document agreeing to hand over power of attorney.
That soon could change.
Safeguards proposed
Among a package of bills introduced last month by Rep. Sarah Roberts, D-St. Clair Shores, is a proposal that would require those exercising power of attorney to sign a statement accepting responsibility for transactions that could be deemed unauthorized or criminal.
Another proposes establishing felony charges for obtaining a signature through fraud, deceit, misrepresentation or coercion. The House is expected to vote on the bills sometime this month.
But some observers say those amendments still fall short of what's needed.
"Elder abuse is where domestic violence was 15, 20 years ago," said Wenzell of Wayne County.
He said the law has yet to view elder abuse as a crime, rather than a family dispute.
In recent months, the Cowies have used loans to pay the balance on the rent at the senior home to prevent Jeanette Cowie, who has been diagnosed with dementia, from being evicted.
The granddaughter was removed from bank accounts, and they contacted attorneys, who told them recovering any losses would be difficult.
"The blessing for (Jeanette) is she doesn't really remember it," said Terri Cowie. "I don't think right now she even remembers her money is gone."
]]>Under the FDCPA, which is enforced by the FTC, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here’s what the law has to say about who has responsibility for a dead relative’s debts.
Who is responsible for paying the debts of a relative who has died?
Generally, someone’s estate is responsible for paying their debts. But if there isn’t enough in the estate to cover the debts, they typically go unpaid.
Am I am legally obligated to pay the debts of a deceased relative?
You usually don’t have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouse’s obligation to pay may be limited under state probate law. To determine whether you’re legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.
What should I do if a debt collector contacts me about a debt of a relative who has died?
Give the debt collector the contact information of the decedent’s personal representative. That’s the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.
Don’t give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who you’re dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.
Do I have to speak with a debt collector who contacts me about the debts of a deceased relative?
No. But if you’re a decedent’s personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.
Can I stop a debt collector from contacting me about the debts of a deceased relative?
Yes. If you decide that you don’t want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a “return receipt” so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit. Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.
Can debt collectors tell anyone else about my dead relative’s debt?
Other than to get the personal representative’s location, a debt collector generally is not allowed to disclose your relative’s debt to anyone other than the deceased’s spouse, parent (if your relative is a minor child), or guardian.
For Complaints and More Information
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For more information about debt collection and the additional rights provided under the FDCPA, see Debt Collection FAQs: A Guide for Consumers at ftc.gov/credit.
For information on other credit-related issues, visit www.ftc.gov/credit and www.MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Under the FDCPA, which is enforced by the FTC, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here’s what the law has to say about who has responsibility for a dead relative’s debts.
Who is responsible for paying the debts of a relative who has died?
Generally, someone’s estate is responsible for paying their debts. But if there isn’t enough in the estate to cover the debts, they typically go unpaid.
Am I am legally obligated to pay the debts of a deceased relative?
You usually don’t have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouse’s obligation to pay may be limited under state probate law. To determine whether you’re legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.
What should I do if a debt collector contacts me about a debt of a relative who has died?
Give the debt collector the contact information of the decedent’s personal representative. That’s the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.
Don’t give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who you’re dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.
Do I have to speak with a debt collector who contacts me about the debts of a deceased relative?
No. But if you’re a decedent’s personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.
Can I stop a debt collector from contacting me about the debts of a deceased relative?
Yes. If you decide that you don’t want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a “return receipt” so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit. Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.
Can debt collectors tell anyone else about my dead relative’s debt?
Other than to get the personal representative’s location, a debt collector generally is not allowed to disclose your relative’s debt to anyone other than the deceased’s spouse, parent (if your relative is a minor child), or guardian.
For Complaints and More Information
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.
For more information about debt collection and the additional rights provided under the FDCPA, see Debt Collection FAQs: A Guide for Consumers at ftc.gov/credit.
For information on other credit-related issues, visit www.ftc.gov/credit and www.MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Among the highlights that we discussed were the use of power of attorney documents to engage in Medicaid planning and VA benefit planning. Like my last post, we discussed the importance of establishing power of attorney documents prior to the onset of illness. These documents are important as they can allow your designate attorney-in-fact to preserve resources and accelerate the qualification process for Medicaid.
Next week, I will be discussing the A & A benefit in more detail. Tune in if you would like or call our office! (586) 264-3756
]]>I define crisis planning as planning by a family that is in the process of assisting a loved one with an illness, injury, or disease. In Michigan, especially in Metro-Detroit, it is difficult to get the right information to assist these clients timely. All to often, clients receive misinformation or flat out wrong information from their neighbors, friends or nursing home personnel that do not understand Medicaid regulations or Michigan law.
As a result, clients will often lose assets or funds that could be better used supplementing their loved one's care or assisting with other financial burdens like the upkeep of a home or providing economic means for the other parent or spouse living at home. Therefore, the best advice that you can provide anyone in a nursing home situation, is to seek the advice of a qualified elder law attorney. Our office offers free consultations and can provide important information to assist a family in crisis.
The easiest way to avoid crisis planning is to plan ahead. Using Michigan's estate planning and probate laws to your advantage, you can enact certain strategies by simply updating your estate plan. Michigan law allows you to avoid living probate, guardianships and conservatorships, by executing power of attorney documents. Power of attorney documents, both a general durable power of attorney and medical power of attorney, can be effective disability planning tools that will allow your family to unlock your assets and engage in Medicaid or VA benefit planning, if these documents are drafted correctly. In order to determine if these documents are drafted correctly, you should have them regularly reviewed by an attorney specializing in elder law. As a rule of thumb, I suggest that you review your general durable power of attorney to make sure that:
* It is effective upon signing
* It appoints successor agents
* It has specific clauses related to benefit planning
* It is not "stale"
If you have specific questions regarding your power of attorney documents, or if you do not have these documents in place, call our office for help. Drafting these documents is a simple process and often can be done at a very reasonable price.
You can reach our office at (586) 264-3756.
]]>Gov. Granholm disbanded these service centers as part of the budget reduction. This means that if you have a question about VA services, benefits, etc. you must go through the Federal system of the VA to get an answer.
There are "independent" organizations who will continue to help veterans, families of veterans, attorneys, etc navigate the VA system.
Unfortunately, individuals may get lost in the shuffle as the State looks at ways to balance its budget. The bottom line...helping disabled veterans has just gotten harder to achieve and more complicated, you may always contact our firm for assistance. As an accredited attorney, I can assist with your claims, appeals and provide you with information that you may need to help yourself or family with VA benefits.
Below is a copy of the link to the legislation cutting these services in Michigan.
]]>Today I discussed the "ins" and "outs" of Trusts. Next week we will be specifically targeting the use of Medicaid benefits for long-term care planning. This week we identified the advantages to incorporating a living trust into your estate plan.
Next week I hope to discuss the basics of using trusts and other estate planning documents to accomplish long term care planning goals.
If you have questions feel free to call our office at (586) 264-3756.
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