I have given some thought to what the easiest, proper explanation of a power of attorney is, and if I was pressed to boil it down to a single sentence, I’d go with the following:

A power of attorney is a document that allows an individual to share with another person their own ability to manage their money and property and make legally binding agreements on their behalf to the extent specified in the document.

However, since my goal is to provide a well-rounded discussion in these blog posts, and there’s no shortage of space, I’d like to break down a few key parts of that definition for those who are interested.

…allows…

A power of attorney lives and dies on the wishes of the person giving the power. It is much more a one-way gift than a two-way contract, and the giver can take it back at any time just by telling you they’re revoking it. They don’t need to file anything with a court or town hall (in CT, MA and most other places). They don’t even need to put it in writing, and if you continue to use it anyway you are engaging in criminal and civil fraud. That’s true even if you know the person is not in the right state of mind, even if as a practical matter that makes you more inclined to risk it.

…share…

This one word is both an extremely fundamental and frequently misunderstood part of how powers of attorney work. A POA document sets every power-holder on a parallel track with the power-grantor, with the same abilities, and the same limitations. That means, among other things -

1. If Mom or Dad give you a power of attorney, it does not mean you can lord it over them and force them to sell the house or move against their will. It also doesn’t mean you can take control of their finances unilaterally. They didn’t relinquish their rights, they’re just sharing them with you.
2. One power of attorney doesn’t revoke another. Wills and most healthcare directives would, but a POA does not. If you receive a power of attorney over someone, and someone else also has one, even if it was done many years ago and with very different family circumstances, you are both equals in terms of authority. The only exception to this is divorce, which automatically revokes a POA given from one ex to the other during the marriage (in many states).
3. Powers-holders and the power-grantor can all undo each others actions. Usually if a significant back-and-forth develops, either the power-grantor will revoke the power, or one of the power-holders will appeal to the probate court to resolve an issue. Additionally, the creation of irrevocable trusts and most good-faith transactions, like the sale of a house or car to a third party, cannot be reversed because there is no legal way of doing so. In all other cases, though, it’s possible for several power-holders, or power-holder and power-grantor, to set about reversing each others’ actions.

…their own ability…

The authority of the power-holder can never exceed the ability of the power-grantor…almost. Under a traditional power of attorney, the incapacity of the power grantor automatically stopped the ability of the power holder, and since this almost always defeats the purpose of having a POA, the durable power of attorney was created. With a durable power of attorney, the power-holder can keep doing work on behalf of the grantor even if that person is becomes unable to manage his or her own affairs. Even so, a conservatorship or guardianship will always trump a power of attorney, and the power becomes void on the death of the grantor.

…to the extent specified in the document.

Not all powers of attorney are equal, nor do they provide broad and automatic capabilities.  Rather, each power of attorney can be limited in both what can be done, and when.  The most common when limitation is called a springing condition.  This is a trigger event, specified in the document, that must happen before the power-holder can start to use the power.  This could be a specific age, or a doctor’s note attesting that the person needs help. Powers of attorney can also specify that they are only valid in a certain date range, or under other unique circumstances.

Additionally, a power of attorney is only valid for the types of decisions specifically spelled out in the document.  The recommended “statutory short-form” in Connecticut provides for broad authority over financial accounts, real estate, personal property, public and employer benefits, purchases and estate planning, as do many long-form documents.  However, it is equally possible to have a document with a narrower scope, right down to a single, specific transaction, such as an out-of-state real estate closing.  Moreover, a person can create several powers of attorney that convey significantly different responsibilities, with some parts overlapping and others completely separate.

…and?

I hope this article has helped to clear up some of the assumptions you may have had about what your power of attorney will or will not do.  If you find that you need to take an active role as someone’s attorney in fact (the official title of the “power-holder”), it may be beneficial to speak with an attorney about the rights, responsibilities, and dynamics it creates.

AARP volunteers help millions across the U.S. file their taxes each year.

Tax season is coming into full swing shortly, and this will be my third tax season volunteering with AARP’s TaxAide program.  For me, it’s an opportunity to do some good and keep abreast of how all the different tax tweaks congress makes each year find their way into the IRS forms and filing requirements we actually deal with back here on Earth.  For you – or for an elderly friend or loved one – it’s can be an opportunity to get your taxes done for free with friendly, convenient service.  For the benefit of those who might be interested, I’ve reposted this FAQ article with a summary of the services we provide.

What It Is
TaxAide is a joint venture between the IRS and AARP Foundation that provides volunteer tax preparers with advanced tax training arms them with professional tax preparer software, and sends them out to libraries, community centers, and senior centers across the nation to prepare taxes for people of modest means, free of charge.  This year, roughly 35,000 volunteers at some 6,500 locations nation wide will file over two and a half million tax returns. Most volunteers are already experience preparers, and many are retired businesspeople, accountants, and the like.

Who It’s For
While the AARP does sponsor the program, you don’t need to be a retiree or senior citizen to get free tax help. It’s a charitable service and space is limited, so taxpayers with incomes over $75,000 are encouraged to hire a paid preparer, but aside from that all are welcome. Just go to AARP’s site locator to find a TaxAide location near you.

Certain taxpayers and filing situations have complexities that are outside the scope of volunteer training, and aren’t usually covered by the program. These include:

• Military personnel,
• Business owners with employees or inventory,
• Complex capital gains or losses (selling stock or family home is ok)
• Schedule E filings (you’re claiming depreciation on rental property, royalties, or partnership or trust income)

How It Works
Depending on the site, you may be required to make an appointment with your local TaxAide coordinator. You are asked to fill out a questionnaire beforehand, and bring it with you along with the documents needed to prepare your return and a copy of your previous year’s return. You will meet with a return preparer, who will go over your documents and prepare your tax return right there with you. When the volunteer is finished, another preparer will review things to make sure your return was prepared correctly, we will e-file your return if you desire, and you will get back all of your documents with a paper copy of your return. Usually, the whole process takes about an hour, not including any wait at a first-come, first-serve location.

1. The General Rules Still Apply

There are some best-practices employed by elder care providers, and these should be continued while your loved one is in your care.  This is particularly important when visiting you because the environment may seem foreign to your loved one, increasing anxiety as well as the risk of disorientation.  These practices include:

• Sticking to your loved one’s regular routine as much as possible
• Being mindful of hygiene, but also respect your loved one’s privacy
• Allowing your loved one do the activities that they can ordinarily do with safety
• Avoiding being domineering or expressing frustration, where possible

2. Manage Expectations

Whether your loved one is visiting for weeks or days or just a meal, making sure they are safe and being taken care of will be a significant responsibility, and this will effect the time you have to devote to holiday festivities and other responsibilities.  If you expect to host a loved one with dementia, it is essential up front that you make your peace with the fact that you won’t be able to do everything you like.  If you plan on entertaining, you may have to buy desserts, or ask people to bring sides, and you may need have the kids spend a little more time talking to Grandma or helping out around the house than they might like.  This exact dilemma will be faced by tens of millions of Americans this holiday season, and there is absolutely no shame in making the necessary adjustments.  Trying to do it all will only lead to stress and frustration.  Try not to forget:  it’s your holiday, too.

3. Provide a Place to Decompress

Individuals with Alzheimer’s and other forms of dementia are easily disoriented by busyness in the sights and sounds around them, and this time of year your home may be filled with both.  If your loved one is visiting, they may already be a little disturbed by the change in surroundings and routine, but even if they live with you year-round, the bustle of people going in and out with shopping bags, several cooking in the kitchen, loud gatherings, and the lights, presents and other decor all have the ability to trigger a wave of confusion, which can result in anxiety, mood changes, and even physical lashing-out in some cases.

To address this, it is best to have a place set aside where your loved one can sit in comfort with limited outside stimuli if the strain of holiday activity becomes too much.  In some cases, rotating a chair to face the side of the room rather than the center may be sufficient, but for others you may need to set up a television or radio and comfortable space in a more remote area of the house, and be prepared for them to spend a significant amount of time there during business.  Understand that you’re not excluding them and they do not feel excluded; you are just allowing them to enjoy things within their own tolerances.

4. Get Them Involved

Even if your loved one has moderate or moderate-severe dementia, they may still be able to perform some basic tasks to be of assistance during their time with you.  While you may not think it necessary, it can establish a sense of normalcy for your loved one, and this in and of itself may take a bit of pressure off of you.  If your loved one is staying with you, they may be able to help wrapping presents, light decorating, laying out lunch for the family, and the like.  Even if they are just over for a family meal, they may be able to fold napkins or lay the silverware.  What you are able to accommodate will depend on your loved one’s acuity as well as any physical limitations, but even small opportunities to participate can have a calming effect, and benefit both their lucidity and self-worth.

5. Kick Up the Nostalgia

One of the great pains of being a caregiver for a loved one with dementia is the awareness that you are losing the person you know, a frustration that they may also share.  The holidays present an excellent opportunity to bring out old photo albums and scrapbooks, as well as for singing Christmas carols and religious songs.  Aside from being appropriate for the occasion, these activities invoke multiple areas of long-term memory, and even individuals in the later stages of dementia can have very lucid, normal experiences while engaging in them.  So be liberal with the reminiscing; it will make both of you happy.

6.  Feasts and Alzheimer’s Don’t Mix

An often overlooked footnote to dealing with an elder loved one during the holidays is the difficulty posed by large meals.  Holiday feasts tend to contain lots of food choices and lots of decorations and frills, and both can overwhelm individuals with advanced dementia, actually rendering them unable to eat the food in front of them.  The following tips can help ensure that your loved one is able to enjoy the meal along with you:

1. Decorations on the table itself should be modest, and the tablecloth should not be too “busy”.
2. Your loved one’s place setting should only have the plate, silverware, and glass they will need for that course, and no placemat or charger.
3. Always prepare a plate of food for your loved one.  If you think they will enjoy many different dishes, give them half the choices to start and make a second plate later.
4. If your loved one isn’t eating, give them a smaller plate and move the food to it one item at a time.  Another option is to put their meal in a bowl, which gerontologists have noted makes dementia patients much more likely to eat the food in front of them.
5. If your loved one starts eating with her hands, and a gentle reminder that they have utensils doesn’t correct it, don’t attempt to force them.  It will not work, and trying will only agitate both of you.  Instead, offer them what you can as finger food.  Making a simple sandwich out of the meal cut into quarters is an easy solution.  If you know this will be a problem in advance, try to have cold alternatives – baby carrots, celery sticks, grapes, apple wedges, cheese cubes, e.g. – available to meet their nutritional needs.

But for all of the practical difficulties people know are possible with a lack of planning, few are aware that there can be significant financial consequences of improper planning, even for those modest means. In most cases, even basic estate planning will offset significantly higher hidden costs in the future. After the break, three extremely common examples of these costs.

 
The Probate Bond

Anyone who acts as the executor or administrator of an estate is required to furnish a probate bond, which is a guarantee from an insurance company that the beneficiaries will be reimbursed if that person runs off with assets of the estate. While it gets little fanfare, one of the more important provisions of most wills is the clause waiving that bond, which is very common when the trustee is a family member or close friend of the decedent. The reason that waiver is important is because the bond is charged against the estate, and can be quite expensive. By way of example, a probate bond for a $200,000 estate currently costs upwards of $650, which is more than I’d charge for a basic estate plan (will, durable power of attorney, health care proxy, and living will). If you have a nice house in the suburbs, you can double that figure.

Insurance-Related Costs

Attorneys are not generally in the business of selling insurance, but those of us in estate planning think about it and talk about it quite a lot. If you are one of the breadwinners of a household, it’s important to know how much term life insurance you should have, and whether disability insurance is warranted. For people in certain age and net-worth ranges, long-term care insurance can help to preserve the wealth you’ve accrued for future generations, or to give away property without being disqualified from Medicaid at a later date; for others it may largely be a waste of money. If you own a business and hope that your kids will take it over someday, you may need whole life insurance to ensure possible estate taxes can get paid without eating into the business operations. In turn, many people don’t realize that life insurance, while income tax-free to the recipients, does count towards the owner’s federal estate tax calculations, but a common form of planning can readily avoid this issue.

Insurance agents are valuable assets to clients and attorneys alike, and alone they can offer you policy ideas to meet your goals. However, an estate planning attorney can help set those goals against the backdrop of an evolving tax and Medicaid landscape, and can make insurance goals an important part of the discussion.

Managing Incapacity

As people continue to live longer and longer, it becomes increasingly likely that, at some point, most people will require assistance in managing their affairs and living needs. For some people, it’s may be as simple as mobility issues preventing you from getting to the bank, and allowing a child to handle transactions for you. For others, it may require full institutional care. Even in the lightest of circumstances, a durable power of attorney and healthcare planning is warranted, and will not get any cheaper as time goes on. If an individual suffers from any dementia or disability that would prevent them from signing these documents with an attorney, your family would be required to apply for a conservatorship with the Probate Court is required. At a minimum, this requires a filing fee and the appointment of an attorney for you; if the applicant hires an attorney to help with the application, they will incur further expenses themselves. In either case, if you live a long and happy life, no money is saved by pushing back incapacity planning.

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In conclusion, estate planning is not merely a wise practical investment, but a wise financial one as well.  The drafting of a few simple, affordable documents, as well as the far reaching discussions and decisions you make with your attorney as part of the planning process, can play a valuable role in preserving your assets for later use and future generations.  This is true even if you have limited assets and no reason to be concerned about estate taxes.  Please feel free to contact me or a local estate planning attorney in your area for more information.

I continue to appreciate your readership.

Scott

The $45 will storage solution

A common non-legal question estate planning attorneys get is where you should keep the documents we draft for them.  As is so often the case in law, the best answer is “it depends.”  For most people, I feel a lock-box inside the house is usually the best solution, but in some cases, the traditional “valuables in the safe deposit box” approach remains a better choice.  Here are some of the major considerations:

The Merits of the Fireproof Lock-Box

Most of my clients are people with spouses and children who get along well, or even if they bicker or are distant, have some modicum of respect and integrity amongst them.  The kids will know the basics of their parents’ estate plans, and anyone who is asked to be a power of attorney, healthcare representative, or trustee of a trust will get copies of the documents naming them to those positions.  You might even give the named executor a copy of your will.  In any of these cases, I’m a big proponent of fireproof lock-boxes, like the Sentry 1100 or F2300 (also waterproof, pictured above).  These and similar boxes, about the size of two small loaves of bread, can be kept in a bottom file drawer, closet, or under your bed.  They are easy to find, can hold all of your important documents, and offer a modicum of fire and water protection.  The locks are laughable – on the First Alert version it’s a plastic clasp – but this is usually a good thing:  it’s sufficient to keep prying eyes away, but can be accessed in an emergency even without the key.

The boxes retail for $20 – $75 at any office supply store, significantly less at Costco or BJ’s, and somewhere in the middle from a slew of online retailers.  If you have no valuables beyond your other documents, this also lets you save the $40 – $60 fee most banks charge for a safe deposit box.

When the Safe Deposit Box is Still Better

If you already have a safe deposit box at the bank for valuables, and have no problem accessing as needed, it is perfectly acceptable to keep estate planning documents there, too.  They will be protected from theft, fire, and pretty much anything else.  However, they will also be protected from anyone who may need one of those documents who isn’t listed on the bank’s signature card.  If all copies of a heath care representative or power of attorney are in the box, and you fall ill or become unable to manage your affairs, your family will not have access to the planning you set in place.  If you pass away, the Probate Court can (and routinely will) that your box be opened for retrieval of your will, but if your will contained your burial and funeral wishes, it will be too late to enforce them.  My personal practice is to keep those instructions in a separate document that is merely validated by the will to help avoid this problem, but it won’t matter if all of your documents are locked up, and many attorneys still take the traditional approach.

By my account, there are three common scenarios where keeping your documents in a safe deposit box is appropriate:

1. There are executed copies of each of your documents in the hands of the person(s) who may need it,
2. Aside from your spouse, one or more people have authorized access to the box and access to the key, or
3. You are concerned for the security of your documents or you do not want your family to know the contents, and your attorney (or other trusted third party) has executed copies in case they are needed.

Any unique situations this doesn’t address should be discussed in detail with your attorney.  Finally, an important caution:

Why File Folders are Bad News

In choosing a storage solution for your estate planning documents, I can not stress this enough:  DO NOT JUST KEEP YOUR DOCUMENTS SITTING IN A FILE.  Even if you are an exceptionally organized person, there is no guarantee that your spouse and children will know how you organize things and where that file is, or that they will remember after you tell them, or that you will keep things organized the same way as you get older.  There is no protection from any sort of damage, and there is a real risk that your family will not be able to find your documents when they need them.  Moreover, when a will is known to have been kept in a personal file, but cannot be located upon the individual’s death, the probate courts of many states are instructed to presume that the will was destroyed with the intent to revoke, meaning all of your expressed wishes may be ignored if an invested party can’t prove otherwise.  If you are going to keep your documents at home, keep them in a fireproof lock box, or in a proper safe that others have access to.

If you have elderly parents, it’s likely you’ve come across one or more of these scenarios, and they tend to bring with them a bunch of questions, like:

• Does that mean it’s my money?  Does half this interest go on my taxes now?  Does all of it?
• Can I take out money if I want to?
• Does this mean I have to do anything?  Will I get in trouble if I leave things as they are?
• Is this a gift?  Can I take out money if I want to?
• What happens when they pass away?  Can I just withdraw the money, or does it have to go through probate, or what?

The answers are fairly easy, yet it is a subject on which even veteran accountants and policy reps get their wires crossed.  However, if you understand which of the three reasons has placed your name within your parent’s records, it’s easy to understand what is actually going on.

1. Plain ol’ Second Name on the Account

This is the run-of-the-mill situation where mom or dad adds your name to their checkbook, though it can apply to being given access to other type of accounts as well.  The important thing in this situation is not to confuse access with ownership.

Having your name added to an account will give you access to the account, but that doesn’t mean it’s your money.  For centuries, the law of property has provided that a gift is not made unless (1) the owner intends to give away property, and (2) that property has been delivered to the recipient.  If a parent puts your name on a bank or investment account, the funds inside those accounts will remain theirs for all purposes – income tax, probate, applying for medicaid, estate & gift tax valuations* – so long as the funds remain in the account.  If you do end up removing funds from the account for your own use, the law will treat it as a gift from them to you made on the date of the withdrawal.**

This lack of true ownership also means that when the parent passes away, the account will ordinarily be part of the estate and get distributed through probate; the additionally named people may not personally access it.  If there is a death beneficiary named on the account (see category #3), the firm holding the funds may automatically pay out the proceeds to those named.  Otherwise, only the executor or administrator of the estate is permitted to access the account.

*It is possible for two people, including a parent and child, to pool their own separate funds in a common bank account.  Be mindful that the full value of the account will be treated as owned by the parent when valuing assets for probate, estate taxes, and Medicaid applications, unless there’s clear proof that the funds belong to the other account holder.  For this reason, it’s a poor idea to pool funds with an elderly parent unless there’s a significant benefit to having a single account and you can definitively prove which portion of the account was contributed by you.

**Assuming the permission was already there.  Absent permission, it of course remains a theft.

2. You’re Listed as a Fiduciary

A fiduciary is a person who holds a position of trust in managing the personal affairs and/or property of another. That definition includes people in such roles as trustee, attorney-in-fact (the holder of a power of attorney), conservator, legal guardian, and executor/administrator of an estate. Fiduciaries are unique in that they may actually be listed first on a financial account if they were acting as a fiduciary when the account was opened.  For example, a fiduciary account could be labelled as:

• John Doe
  Custodian for Jimmy Doe (bank account)
• Sally Smart,
  Trustee for Suzanne Smart
• Suzanne Davis Smart
  c/o Sally Smart, Trustee
• Jane Alisha Doe
  Jennifer Doe POA (financial account)

Even though a fiduciary’s name may appear first on an account, they have the least personal rights of the three.  In most cases, the fiduciary is legally obligated to manage those accounts on behalf of the true owner and in the true owner’s interests, and is likely barred from making use of account assets even where the true owner would permit it.

Powers of attorney are an exception to this rule.  A power of attorney provides the opportunity to assist the grantor in managing affairs, but creates no obligation to do so.  Additionally, if the document permits the attorney in fact to engage in estate planning, she may be able to make gifts to herself, other family, or charity, as well as shuffle assets between accounts and/or place them in trusts, provided you reasonably believe it’s in the best interests of the parent.  That said, self-gifting and other estate planning can still be tricky and raise suspicions, and shouldn’t be undertaken without the assistance of an estate planning attorney.

3. Transfer-on-Death Accounts & Survivor/Death Beneficiaries

As I noted in Section 1, a financial account with added names on it will still have to be collected by the executor of an estate and distributed through the probate process.  This is not the case, however, if the account includes a provision designating one or more pay-on-death beneficiaries.  This includes life insurance policies with a beneficiary other than the insured individual’s estate, POD bank accounts (also called “Totten trusts”), joint and survivor annuities and investments, as well as any IRA, 401(k) plan, brokerage account, annuity contract, or bond where a survivor beneficiary has been designated.  Bonds and bank accounts normally are created with the beneficiaries named; banks, brokers and insurance companies usually issue their own forms on which beneficiaries can be added and changed.

Being designated as a survivor/death beneficiary will not grant access or create any obligations to the account, though a beneficiary may be – and often is – listed on the account for one of the other reasons mentioned.  It’s sole purpose is to give then named people the right to receive the account balance on the death of the owner.

Where beneficiaries have been named, the assets will normally be issued directly to them from whatever company maintains the account, without having to pass through the probate process.  However, the value of the accounts will still be counted as part of the estate for determining the amount of the probate fee and any state or federal estate taxes that may be due.

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I hope this short lesson is helpful in your understanding of your role towards the finances of others you have been brought into the fold on.  If you would like further advice on Connecticut estate planning and elder law, please call me at (203) 871-3830 or email Scott@ScottRosenbergLaw.com.

Life Alert is good, but a few tweaks to your home renovation plan can actually prevent falls later in life.

A little over a year into The Estate Planning Ticker, I’ve come to find that articles can be inspired by just about anything. Some are obvious – a new law, a sage or misleading news story, a cautionary tale manifested in a recent client; some less so. In this case, I was inspired by two consecutive life experiences.  First, watching my mother put her insight as a geriatric nurse into practice as she renovated the family home, and second, helping to move her mother out of her home of 40 years because it had become unsafe.

Falls are among the most prominent health risks facing elderly Americans. They can cause serious injury, make you feel defeated and embarrassed, and terrify your adult children.  That last bit explains why it’s one of the most frequently cited reasons for children to pressure their parents out of the home and into some form of managed care facility.  What makes it that much worse is the simple fact that most falls, as well as other physical difficulties around the home, are completely preventable.

If you’re fortunate enough to have a home where you intend to spend your later years, and are planning renovations big or small, there are some simple considerations which, for an extra few hundred dollars, may save you from aggravation, injury, or additional contractors later in life. After the jump, a checklist of the more important considerations of elder-living architecture.

Rule 1: Elevation Changes are the Enemy

As we enter old age, our reflexes slow, our posture may weaken, and muscle mass diminishes. The latter causes older people to walk without lifting their legs as much as they used to, and when encounter a threshold, crack, uneven surface or wet spot, they can’t compensate quickly enough to avoid a fall. Due to reductions in bone density and fatty skin tissue, such falls can result in massive bruising, widespread soreness, and even broken bones, far extending the severity of the trauma and length of recovery as compared to a younger person. During recovery, this further limits a person’s range of motion and quality of life.

Because of these problems, an initial consideration should always be maintaining an even, continuous flooring surface. Some key points are:

• Avoid or minimize raised thresholds
• Transitions between flooring types should be continuous and flush wherever possible
• Tile should be laid closely (no more than 3/16″) and evenly with minimal dips for grouting; mosaic-type tile is especially risky
• Old wood floors should be well maintained, with raised planks, gaps, and cracks repaired or replaced
• New wood floors should be tongue-in-groove type and on an even surface
• Leak-weakened and dipping base plywood should be replaced

Single-Story Living

An extension of the weakness and tripping issues that impact older individuals is the difficulty older individuals face with stairs. Many are so weak that just two may strand them on a particular floor of the house. Because of this, it is important that you be able to live comfortably, day-in and day-out, on a single floor of your home, usually the main floor. If your master bedroom is upstairs, you should ensure that there is a room on the main floor which is usable or easily convertible to a bedroom you would be happy using in the future. If your laundry room is in the basement and you already have a plumber and contractor around, you may consider installing a second set of hookups to a nook or spare closet on the main floor, for use with smaller units in the future.

Lastly, if you must use multiple floors, or want to extend your time using them, you should have any contractor take a look at your staircase railings. Lower-end railings are secured with three screws in two places, and in some places they may only be screwed into the drywall. They are there as a guide, and are not designed to support a person’s body weight over repeated use. Wherever possible, having sturdy railings secured to the studs on both sides of the staircase will extend your ability to use stairs in the future.

Special Considerations when Renovating a Bathroom

When renovating a bathroom, it may be true the the best place to start is the door. A typical household doorway is 30″, but bathroom doors may be four to twelve inches narrower than that, often making room for a large vanity or linen closet. If you put your hand on your hips and cannot walk straight into a bathroom, that means you will not be able to access it with a walker or enter without shuffling sideways if you use a cane. Where walls are already exposed, a contractor can frame out and replace a too-small door for as little as a couple hundred dollars. That investment can pay off big-time in the long run.

If the bathing area is being redone, a shower stall may be easier to access then a bathtub due to the lower lip. At the same time, portable bath stools can be brought in at a later time in either case, if standing is an issue. There are special tub units which have doors for easy access, but these may be eyesores to younger couples trying to spruce up their facilities.

No matter what installation you choose, though, preparation should always be made for handrails. If the side-wall is tile, boards should be added between the studs to serve as anchors. If you are installing a prefabricated unit, plywood glued to the back side and rear of the unit can anchor railings later on. This costs hardly anything to do in either scenario.

Finally, elderly individuals may have difficulty getting up from a standard toilet seat, which is actually very low to the ground. For a little more money, you can select an elevated toilet bowl, which is not only more comfortable, but eases standing back up and can avoid the need for an elevated seat or portable commode in the future.

Special Considerations when Renovating a Kitchen

Updating a kitchen is a frequent choice and can often be very expensive to start, but there are options out there that may become useful later in life that won’t significantly change your budget. This includes several categories of options:

Flooring. Aside from being in vogue right now, hardwood floors are less slippery than linoleum or tile when spilled on and can be softer on fall. The modern-pre-finished varieties also hold up well without significant maintenance.

Cabinets. As range of motion becomes progressively more limited with age, the type of cabinets you choose may come to effect how much storage space you will actually have access to. Taller wall cabinets (usually 42″) are designed for higher ceilings, but installed lower or with a standard ceiling height may give you access to an additional row of shelving you can easily reach as you settle into your later years. For base cabinets and pantries, double-wide drawers and pull-out shelves, can provide easy visibility and access without having to kneel down or reach. The same is true of corner lazy Susans. Finally, it is wise to ensure you have some large storage spaces so that heavier and larger appliances may eventually be stored close to where they will be used.

Lighting. Under- and over-cabinet lighting can be done cheaply or expensively, and while over-cabinet may be primarily aesthetic and under-cabinet mayl only see sporadic use now, they may become essential in later years as eyesight problems become more common. Cutting, frying, and other culinary activities may become hazardous under the light of a standard light bank.

Appliances. As with cabinetry, range of motion issues in elderly life can be complicated by the arrangement of kitchen appliances. Wall- or hood vent-mounted microwaves may become impossible to use, and may be worth thinking twice about. Also, the newer trend of freezer-on-bottom refrigerators are optimal for ease of viewing and access to the items you need most as limited range of motion and eyesight issues set in.

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None of these ideas are must-have or non-negotiable. However, if you use this as a guide when doing planned renovations, you may find your home to be much more useful down the line without a significant financial outlay. For questions or more information, feel free to contact Attorney Scott Rosenberg at Scott@ScottRosenbergLaw.com

It’s not surprising, given that the economy is at the lowest point most of us have ever and will ever see.  There will always be maligned siblings looking for their fair share and suspicious later-in-life will changes, but in these tight times staying silent to keep the peace may not be the option it normally would be for some left-out relatives.  At the same time, there’s likely a surge in opportunists who suspect (accurately, as it happens) that most legit beneficiaries would rather pay a small, quick settlement than see their own inheritances delayed and diminished by a protracted lawsuit.

It’s an unfortunate situation for those looking to plan for when they are no longer around.  It’s also a good example of why it’s so important to have your will done by an attorney, in particular one who handles a great deal of wills and probate work.

If you’re looking to cut someone off because you question their responsibility or they have significant debts, several different types of trusts can be employed to address those concerns without completely disinheriting the person.  If you just want someone out, the wording must be carefully chosen to meet legal standards.  Depending on the situation, it may be better to employ a “carrot and stick” tactic, where the ousted person is actually given a small legacy under the will, but which is forfeited if he or she challenges the will in court.

Later-in-life will changes are particularly susceptible to challenge in court, as relatives may claim the author was not competent to make the will, or had been subjected to the manipulation and pressure of an overbearing child or confidante.  An experienced estate planning or elder law attorney can take steps to help ensure the will will be upheld in court, such as careful selection of the location and people present at the execution ceremony (will signing), choice of witnesses, and videotaping the ceremony as future evidence.

For more information, feel free to call me at (203) 871-3830 or email scott@scottrosenberglaw.com for a free consultation.

“Considering the insolvent state of affairs of my friend & son in law Thomas Mann Randolph, and that what will remain of my property will be the only resource against the want in which his family would otherwise be left, it must be his wish, as it is my duty, to guard that resource against all liability for his debts, engagements or purposes whatsoever, and to preclude the rights, powers and authorities over it which might result to him by operation of law, and which might, independantly (sic) of his will, bring it within the power of his creditors. . .”

The attorney noted how beautifully written the prose of those days went, how lofty and eloquent it was. I noticed something very different, though, and very disturbing. I saw precatory language.

Precatory language is legal parlance for statements that are aspirational in nature and without legal effect – comments beginning with such phrasing as “I wish…,” “it is my sincere hope…,” “it is my deepest desire…,” or “I would very much like…”. Take a look at Jefferson’s Will again. He says it is his duty to disinherit his son-in-law, he says the man would want to be disinherited, and he explains how very important it is that he be disinherited, but he never actually disinherits the man!

In Jefferson’s defense, he did go on to give Randolph’s share to someone else in the next paragraph, but if he hadn’t, the debt-riddled son-in-law would have a pile of cash to go along with those harsh words. While courts have become more forgiving towards small, technical glitches in the past two centuries, the failure to clearly make or deny a gift in a will is still a deal-breaker.

Twenty-five cent words and lofty language have no doubt been married to the legal profession since it’s inception, but they don’t belong in the meat-and potatoes sections* of your will. I imagine many purchasers of do-it-yourself kits or online wills have attempted to emulate the verbal gymnastics they expect of lawyers, only to have their deepest wishes struck down in probate for wont of clearer writing. By the same virtue, if you press your attorney to spruce up a draft or include some language you’ve thought long and hard about yourself, you might be doing yourself a disservice.

The best wills are boring creatures. They are unexciting, straight to the point, and – if nothing else – a little bit redundant. If you are presented with a will that has such tedious statements as “I give, bequeath, devise, and transfer the rest, residue, and remainder of my estate, real and personal, tangible and intangible, and however held by me or my estate,” your lawyer likely knows what he is doing.

*You may want your will to include provisions which cannot be enforced in probate, like the ultimate recipient of property you only partially own or are leaving to your surviving spouse, funeral arrangements in states where that’s not allowed, or other last requests of your family. It is acceptable to include these things, and if some colorful wording will help to indicate the severity of your convictions, the importance of the request, or to apply whatever warning/guilt-trip you think will help, your attorney should be able to oblige.