Nutritious Eating For the Heart & Brain

Posted on Tuesday, February 21st, 2012 at 11:27 am and filed under Healthy Living, Heart Health

When you take healthful eating to heart, it will go to your head, too.

A well-balanced, heart-healthy diet—rich in fruits, vegetables and whole grains—reduces plaque build-up in the arteries to help deliver a free-flowing stream of oxygen to all parts of the body, including the brain. This boosts mental performance, slows the aging process and lowers the risk of dementia.

Nutritious eating benefits the brain in many ways. Here are a few examples:

  • Some vitamins—particularly folate and B12—help prevent the inflammation that causes plaque to narrow arteries, which can lead to heart attack and stroke, which, in turn, can diminish cognitive function. Folate comes from cooked, dry beans, peas, peanuts, oranges and orange juice, dark-green leafy vegetables like spinach and mustard greens, fortified cereals and enriched grain products. B12 is in salmon, trout, beef, poultry, cheese, eggs and fortified cereals.
  • Antioxidants—such as vitamins A, C and E and nutrients lutein, lycopene and selenium—promote brain health. Good sources include dark-skinned fruits and vegetables. Vegetables include kale, spinach, brussels sprouts, alfalfa sprouts, broccoli, beets, red bell pepper, onion, corn and eggplant. Fruits high in antioxidants include prunes, raisins, blueberries, blackberries, strawberries, raspberries, plums, oranges, red grapes and cherries. Almonds, pecans and walnuts also are good antioxidant sources.
  • Some minerals boost brain function. Iron—from organ meats, beef, pork and most legumes—supports focus and concentration. Zinc—from beef and other meats, oysters, whole-grain bread and soybeans—sharpens verbal memory, helping word recall.
  • Omega-3 fatty acids in fatty fish, such as salmon, trout, halibut, mackerel and tuna, help build gray matter, promoting intellectual performance. WebMD reports that one study found that healthy adults who ate the most omega-3 fatty acids had the most gray matter in brain areas that regulate mood. Among cooking oils, canola and walnut oil, are the best sources of omega-3s. On the other hand, a diet high in saturated fats may raise the risk for Alzheimer’s disease.

 

Maintaining a healthy body weight—through healthful diet and exercise—is essential to heart and mind. The Alzheimer’s Association reports that a long-term study of 1,500 adults found that those who were obese in middle age were twice as likely to develop dementia. And those who also had high cholesterol and high blood pressure were six times at greater risk of dementia.




What’s the Link Between Gum Disease & Heart Health?

Posted on Thursday, February 16th, 2012 at 10:01 am and filed under Heart Health

Healthy gums, healthy heart?  Some experts agree that the key to overall good health starts in your mouth, and they are not referring simply to your pearly whites.  Good dental hygiene has long been touted as paramount in maintaining good health.  Dentists recommend brushing teeth at least 2 if not 3 times a day and a strict regimen of flossing daily, as well. On the surface, this is understandable. No one wants to be caught with food between their teeth or bad breath.

However, beneath the cosmetic surface lie the most important reasons for maintaining a healthy mouth. While some experts debate whether there is a direct link between gum disease and  heart disease – many agree the two have enough in common to warrant attention and that problems in the mouth can be indicative of and even contribute to underlying health issues in the rest of the body. The mouth is a source of bacteria, which can cause health concerns throughout the body under some circumstances.

In short, research and other medical studies have shown:

  • Cuts in the gums can allow bacteria that gather in the mouth to enter the blood stream.  This can lead to infection in other parts of the body, which is especially problematic if your immune system is weak or you have existing heart valve issues.
  • Periodontitis may be indicative of cardiovascular disease (stroke, blocked arteries, heart disease), possibly associated with oral bacteria and chronic inflammation periodontitis causes.
  • People who have diabetes already have compromised immune systems unable to adequately fight infection.  Elevated  sugar levels may increase risks of frequent and serious infections in the mouth, damaging gums and bones and causing tooth loss.  Osteoporosis may be linked to periodontal bone and tooth loss.  Losing teeth before the age of 35 years could possibly be a risk factor for Alzheimer’s disease.
  • Bacteria found in gum disease have also been found in plaque that clogs arteries, and also in vessels experiencing arteriosclerosis.
  • Those with gum disease may be more likely to experience strokes.
  • Inflammation found in gum disease increases the amount of protein in the body and may indicate inflammation in other areas of the body. These particular proteins are those used to measure a person’s risk for heart attack. When these protein levels rise, they could indicate a person’s increased probability of  a heart attack.

 

While the connection between gum disease and heart problems is not definitive and continues to be explored, experts agree that the same bacteria and inflammation found in gum disease are also found within underlying heart conditions.  All agree that it is important for people of all ages to practice good oral hygiene.

Seniors, who as they age become more at risk for developing heart problems and other arterial conditions, should take particular care of their mouths and gums.  Discuss with them common links between gum disease and heart problems.  Encourage regular dental check ups for early detection of gum disease and seek further medical evaluation if gum disease is found.  Explain how following an easy routine of brushing twice and flossing at least once daily can prevent complications such as tooth loss, periodontal disease, infection and more. Remind them to replace toothbrushes every three months. Following these simple steps can make a big difference in the quality of a senior’s overall health.

References:

Mayo Clinic. Oral health: a window to your overall health. Retrieved on December 10, 2011 from http://www.mayoclinic.com/health/dental/DE00001.

Doheny, Kathleen. Healthy teeth, healthy heart? Retrieved on December 11, 2011 from http://www.webmd.com/oral-health/features/healthy-teeth-healthy-heart.

Johns Hopkins Health Alert (2011). Gum disease and heart disease: what’s the link? Retrieved on December 11, 2011 from http://www.johnshopkinshealthalerts.com/alerts/

heart_health/gum-disease_5843-1.html?ET=johnshopkins:e63915:1259471a:

&st=email&s=EHH_111014_001.




Top 10 Foods for a Healthy Heart

Posted on Tuesday, February 14th, 2012 at 9:48 am and filed under Heart Health

The concept that particular foods promote healthier hearts is not new.  It is a fact that a well-balanced nutritional diet contributes to good health throughout a lifetime. For many people,  the risk of diseases such as Type II diabetes, high cholesterol, heart disease and coronary artery issues may be reduced by consuming healthy diets.  While it is important to begin healthy eating habits early in life, it can be just as vital to good health when healthy eating practices are followed in later years.  The effects of some illnesses can be controlled and perhaps averted by practicing good nutritional habits.

Eating well is especially important for seniors who become more susceptible over time to the effects from aging and symptoms of illnesses that afflict the elderly.  Seniors often battle loss of appetite, challenges in cooking healthy foods for one, and other health-related obstacles.  These challenges affect their overall health and wellbeing which allows them to continue living independent lives in their own homes. For these reasons, it is critical seniors consume healthy foods and snacks that promote good health. A doctor should be consulted before making any diet changes,

With these challenges in mind, Comfort Keepers® has researched what experts advise are the top 10 best foods for health. Many of these foods take little or no time to prepare and can be added to existing diets to add nutritional components that promote better heart health.

  1. Berries and grapes: While blueberries are a number one choice because they contain high levels of antioxidants, other berries such as raspberries, strawberries and even red grapes are beneficial. Add a handful of berries to your morning cereal, or munch on grapes for a healthy snack.
  2. Fish: Salmon, mackerel and tuna are good sources of omega-3 fatty acids. Experts advise having fish at least twice a week for maximum benefits.
  3. Whole grains: Choose breads, cereals, oatmeal, pasta and even snack crackers made of whole grains to reduce risk of heart disease and other chronic diseases.
  4. Soy: Daily servings of soybeans like edamame, tofu, soy milk and yogurt are excellent sources of soy protein, linked to reduced risks of cardiovascular diseases, weight loss, and some types of cancers.
  5. Nuts: Almonds, walnuts and pecans as daily snacks can reduce the risk of blood clots and may facilitate healthy arterial lining.
  6. Olive oil: Olive oil contains a healthy type of fat that, when consumed in moderation, may help reduce risk of heart disease and promotes lower cholesterol levels.
  7. Beans and lentils: Packed with protein, beans and lentils also contain levels of magnesium, iron and potassium that can support muscle and organ function, blood flow, and healthy bones. Choices of beans include chickpeas, kidney beans and black beans, all of which can be added to salads or soups. Red and green lentils are also excellent choices to add in soups.
  8. Fruits and vegetables:  Think color. Dark leafy green, deep reds, yellows and oranges found in spinach, cooked tomatoes, squash and oranges are some choices. Daily intake of these foods has been linked to lower blood pressure, reduced risk of heart disease, and possible decreased risk of some cancers, along with lowered risk of eye diseases and digestive issues.
  9. Yogurt: Yogurt containing live and active cultures is considered a probiotic by scientists. Research shows probiotics are connected with lowering some risk factors for cardiovascular disease.
  10. Tea and coffee: Flavonoids found in both may reduce heart disease. Studies found that those who drink 3-6 cups of green and black tea or 2-4 cups of coffee a day are at lower risk for heart disease. However, go easy on the sugar added to these beverages to avoid complications sugar may cause!

 

Good heart health does not depend on food alone. Physical exercise, not smoking and other factors are crucial to maintain healthy heart function. Being aware of bodily changes during the aging process plays a large part in maintaining overall good health. Seniors should also visit their doctors regularly to ensure early detection of any issue that may involve the heart.




How Hypertension & Heart Disease Can Affect Memory

Posted on Thursday, February 9th, 2012 at 11:22 am and filed under Heart Health

Oops, you did it again…forgot someone’s phone number, could not remember what you had for lunch yesterday, or for a moment maybe you were not able to recall your neighbor’s name.  Simple signs, you chuckle to yourself, of growing older.  You might even laugh out loud with family and friends about losing your memory now that you are enjoying your senior years. After all, some degree of short-term memory loss is a sign of aging. Right?

Well, actually you could be wrong.  Studies regarding memory loss in seniors indicate that instead of being a sign of simply aging, short-term memory loss could be a symptom of the effects of hypertension or high blood pressure. Hypertension causes damage to blood vessels, resulting in plaque and other tissue buildup, which can break free and move with blood flow only to get trapped in smaller vessels.  This blockage can cause clots that prevent blood filled with oxygen and nutrients from traveling to the area of the body it supplies.  If clots or other blockage prevent oxygen from reaching cells in the brain responsible for memory, those cells die, inhibiting that function.

There are well-known conditions caused by hypertension such as stroke, aneurysm, heart and coronary artery disease.  While the effects of these conditions can contribute to complications of decreased blood flow throughout the body, vital brain cell loss can occur without your enduring a stroke or another critical health event.  The crucial connection that needs to be acknowledged here is that when brain cells governing memory die due to lack of blood flow – regardless of the cause – the result is potential damage to your brain.

Research indicates this loss of blood flow can cause other diseases to occur. Vascular dementia, one cause of dementia, may very well be caused by decreased or lack of blood flow to the brain.  In fact, studies indicate that people who have hypertension in their middle-aged years are at increased risk for developing dementia as they age.  Mild cognitive impairment, the shift in memory and comprehension that begins in the elderly and is also typical of complications of Alzheimer’s, can also be caused by the effects of arterial damage prohibiting blood flow.

Hypertension often goes undiagnosed for years, especially in people who do not have regular medical check ups.  Memory loss due to hypertension alone is caused by detrimental elements that progress over time, decreasing or halting blood flow to parts of the brain that are critical to its proper function. Brain cells can slowly die due to lack of blood flow, causing a person to experience subtle changes in memory and other cognitive functions.  For this reason, any changes in memory that occur as you or your senior family member transition into the golden years should not be ignored.

High blood pressure can be detected by a simple blood pressure check, which can often be performed at machines now available in local drug stores. If you suspect you or the senior loved one in your life may be at risk, it is well worth a trip to find out.  Keep in mind, however, that while a trip to the store is more convenient than a visit to the doctor, it is still important to seek medical advice for proper diagnosis and treatment.

References:

Mayo Clinic (2011). High blood pressure dangers: effects of hypertension on your body. Retrieved on December 10, 2011 from http://www.mayoclinic.com/health/high-blood-pressure/HI00062.

Kirchheimer, Sid (2003). Short-term memory slightly worse in those with hypertension.

Retrieved on December 10, 2011 from http://www.webmd.com/hypertension-high-blood-pressure/news/20030923/high-blood-pressure-causes-memory-lapse.

John Hopkins Medicine (2011). How does hypertension affect memory? Retrieved on December 10, 2011 from http://www.johnshopkinshealthalerts.com/alerts/

hypertension_stroke/memory_hypertension_3838-1.html?ET=johnshopkins:

e44738:1259471a:&st=email&s=ESH_110301_001




Comfort Keepers 123 Caregiver of the Year for 2011 Announced

Posted on Tuesday, February 7th, 2012 at 10:41 am and filed under Caregiving, Uncategorized

Comfort Keepers 123 announced their Caregiver of the Year for 2011.  Comfort Keeper Nancy Heslop was awarded the 2011 Caregiver of the Year on January 31, 2012 at a luncheon given for all of the monthly honored “Caregivers of the Month” in 2011.

Nancy Heslop, Comfort Keepers 123 Caregiver of the Year for 2011

 

Nancy has faithfully served one of our total care clients since August 2007.   Nancy applies the knowledge of her Registered Nurses’ training along with her 7+ years of past nursing experience at hospitals in Dayton & Fairfield, OH to skillfully care for the non-medical needs of her Comfort Keepers’ clients.  Nancy’s humble approach to sometimes challenging client care is obvious to all who witness her as she masterfully exceeds all expectations.  

Nancy not only provides excellent care to her clients but she has also been instrumental in training her fellow Comfort Keepers in the areas of mobility and transferring when our office has conducted in-service training for all our caregivers.  Nancy is always willing to step up and be a mentor to a new caregiver who is eager to learn all that they can to make sure their clients are getting the best care. 

Nancy says she joined Comfort Keepers 8 years ago so she would have the opportunity to provide more one-on-one care to her clients.  “I enjoy being able to give one person all my time and attention for the hours I’m with them.  It is the most rewarding job I’ve ever had”. 

Nancy with Comfort Keepers 123 staff

 

                                                                                                                                                                                                                       




Living Trusts Offer Advantages Over Wills

Posted on Friday, February 3rd, 2012 at 11:50 am and filed under Advance Directives

As mentioned in the accompanying article about wills, provisions in other documents such as insurance policies, retirement accounts, and jointly-held property often conflict with the intent expressed in a will. Another drawback of wills is that they are subject to the probate process and its typical delays, public proceedings, lawyers’ fees and court costs, which will cost your heirs as it reduces their inheritance. Trusts, on the other hand, bypass the probate process and put you 100 percent in control of your assets.

A trust that has gained popularity for its effectiveness, according to the American Bar Association, is the revocable living trust, also known as an inter vivos trust.

The Advantages Of A Living Trust

  • Requires no court proceedings, unlike wills. Titles to real estate, securities and other assets are placed in the trust during the owner’s lifetime, and the trust document contains the instructions for managing the assets and how they are to be distributed when you die. Through the trust, a successor trustee distributes the assets according to these instructions, and then dissolves the trust.
  • Allows you to change or cancel the terms, change beneficiaries and move assets in and out at any time during your lifetime.
  • Reduces exposure to legal challenges. When going through probate, the assets covered in a will are frozen for several months as the court provides the opportunity for anyone to contest the will. The person contesting the will can do so without a lawyer. In the case of a trust, the assets are not frozen and a person who wants to contest it usually must hire a lawyer and file a lawsuit. Without the usual delays of probate, the assets in a trust often are distributed and the trust dissolved before a contesting heir has time to act.
  • Does not reduce income taxes, but living trusts can reduce the federal estate tax burden.
  • Allows you to authorize a trustee to manage your property for your and your family’s benefit should you become mentally or physically disabled and unable to manage your affairs. This feature, not available with a will, avoids a court-appointed guardianship and helps assure greater control over your assets. The living trust gives you the freedom to designate the person who will take over your affairs if the need were to arise.

 

To help you determine whether a living trust is the right solution for your estate planning needs, consult with your attorney. For more information about estate planning, visit the American Bar Association’s Estate Planning FAQs. (link to: http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning.html




Is Insurance the Answer to Long Term Care Planning

Posted on Tuesday, January 31st, 2012 at 9:40 am and filed under Long Term Care Planning

A recent USA Today article states that there is an increase in seniors living over the age of 90.  According to author Haya El Nasser “The number of people living to age 90 and beyond has tripled in the past three decades to almost 2 million and is likely to quadruple by 2050”.

Seniors who live longer generally have some sort of disability or need help at some level of living. Sandy Markwood, CEO of the National Association of Area Agencies on Aging, indicates that the focus needs to be on being able to help these seniors live at home as long as possible as nursing home cost could rise to average $72,000 a year.

Long Term Care at any level, in the home, assisted living or nursing home can add a tremendous cost to seniors and their families.

Government Programs Only Pay For About 16% Of Long Term Care

Government programs such as Medicare, Medicaid and the Veterans Administration will cover the cost of long-term care under certain conditions. Medicare will cover rehabilitation from a hospital stay or limited care at home if there is a skilled (medical) need. The Veterans Administration will cover the cost of nursing home care indefinitely if the veteran is at least 70% service-connected disabled. The VA will also cover other forms of home-based or community-based care if there is a medical need.

Medicaid will cover both medical and non-medical related long-term care but in order to qualify for Medicaid a person has to have less than $2,000 in assets and income that is insufficient to pay the cost of care.

Funding Long Term Care with your Life Insurance Policy

Drawing cash from life insurance or changing a life insurance policy should only be done after reviewing with an expert advisor.  Loss of the policy and death benefit could prove to be a detriment.  If, however you have accumulated cash in a life insurance policy and no longer need the coverage you may consider using the cash for long term care or purchasing a LTC rider to your current policy.

New insurance products are being developed to cover both life insurance and long term care insurance. ElderLawAnswers reports:

“A new law makes the purchase of products that combine annuities or insurance policies with long-term care insurance more attractive. These “hybrid” products are gaining in popularity due to a law that went into effect January 1, 2010, making distributions from life insurance and annuities tax-free when used to pay for long-term care. The same law also allows owners of annuities or life insurance policies to exchange their old policies for long-term care insurance or hybrid policies without being taxed.”

Combination sales which include life insurance, annuities and traditional long-term care coverage are becoming popular with insurance companies and may prove a method of financing long term care.  Investigate closely, however to find what exactly will be covered.  Some policies do not cover home care costs or complete costs of nursing homes.

Long Term Care Insurance Funding for All Long Term Care Needs

The first long-term care policies were offered about 40 years ago. These were primarily nursing home-only policies designed to take over when Medicare rehabilitation ran out. They were not the comprehensive benefit policies we see today.

Long Term Care Insurance policies today are greatly diversified in their coverage.  Home care, nursing home costs, adult day care, physical therapy, skilled and non-skilled nursing care are some of the services covered.  Policies vary in price and what they cover.  There is also a very restricted qualification of physical and mental heath to get a policy.  Purchasing a policy at a younger age makes it easier to qualify and also provides cheaper premiums. It is best to consult with a long term care insurance professional about the type of policy that fits your needs and budget.

Veterans Aid and Attendance Pension Benefit

Though not an insurance policy, the VA Pension Benefit should be mentioned as a way to pay for long term care needs.  A veteran or spouse of a veteran who served during a period of war can receive money, up to $2,019 a month, to pay for long term care medical expenses, home health care, and assisted living cost.  A qualified Veteran Consultant can help you determine if you qualify for this benefit.

Pre-Need Burial Insurance

One might ask what Pre-need burial insurance has to do with long term care. The purpose of preneed life insurance is to set aside funds for your funeral, before the need arises.
It is an insurance policy that covers the cost of the predetermined expenses of a funeral, cremation or burial.  It gives the purchaser the opportunity to preplan the services and peace of mind in having it paid for.  This is usually an insurance policy that pays at time of death for these expenses. There are many insurance companies that offer these packages as well as funeral homes.

The saddest cases of long term care needs we hear are:

“Mother can no longer live alone and she has no money to go live in a care facility.”

“ Is there someone that can come help me take care of my wife?  We live on our Social Security and I can not pay what home care costs.”

“Father died last night and we have no money to bury him, what do we do?”

It is important to make the necessary arrangements to cover long term care and end of life costs.  There is no government program that will cover all those needs. The National Care Planning Council at www.longtermcarelink.net strives to educate people about long term care services and encourages the planning that needs to be done to prepare for future costs and needs.




Retirement Redefined

Posted on Tuesday, January 24th, 2012 at 10:08 am and filed under Retirement

The Families and Work Institute says that 75% of working people aged 50 and older plan to continue working in their retirement years.[1]  While reasons for this vary, at the top of the list is the need to work for supplemental income, according to the study.  Retirement portfolios have taken hits during recent tough economic times and others find that Social Security may not offer enough financial support. 

Another large number of seniors enjoy working, want to feel useful, remain mentally and physically active, and they want to continue interacting with others.  It is this group that researchers Howard Friedman and Leslie Martin say will live the longest because of their work ethic. According to their new book, The Longevity Project, researchers studied participants over eight decades and found that those with the most career success were less likely to die young.  “It wasn’t the happiest or the most relaxed older participants who lived the longest,” the authors write. “It was those who were most engaged in pursuing their goals.”

This year, as the first wave of Baby Boomers face retirement, the word “retirement” itself begins to take on a new meaning.  Today, retirement jobs are commonplace as seniors continue to work for one purpose or another.  These jobs range from full- to part-time employment and can be important for aging, healthy seniors to remain happy and active in their later years. 

CK Franchising, Inc. (the franchisor for the Comfort Keepers® franchise system) has seen interest in seniors wanting to work after retirement, whether it is as a caregiver, which they call Comfort Keepers®, or as a franchise owner. “Some feel the need to give back to society,” said Jim Booth, President and CEO of CK Franchising, Inc.  “Others gained knowledge of in-home care by caring for a parent or other elderly relative and realized the need for high-level, trusted care in their communities.”  Many people employed by local Comfort Keepers franchisees are retirees who have prior experience caring for a loved one.  They enjoy helping others, as well as the flexible hours available for part-time work.

Working during retirement is not just a phase – it is a growing trend and we can expect it to continue.   Not all seniors who work are doing so on a part-time basis.  Many seniors retire from their primary full-time jobs and take on another full-time “second career” job. 

Though the tough economy may play a part in the decision to work, plenty of retirees are working not because they have to, but because they want to.  Maybe they finally have time to pursue their dream job, or happened – along life’s way – to find their niche.  Whatever the case, there are a good number of retirement jobs available for seniors to choose from to fulfill their needs…or to help them realize their dreams.

[1]       Brown, Melissa.  Aumann, Kerstin.  Pitt-Catsouphes, Marcie.  Galinsky, Ellen.  Bond, James T.  Working in retierment: a 21st century phenomenon.   Families and Work Institute (2008).  Retrieved on 2/26/11 from http://familiesandwork.org/site/research/reports/working_in_retirement.pdf.




Common Errors To Avoid When Writing Your Will

Posted on Thursday, January 19th, 2012 at 2:08 pm and filed under Advance Directives

You cannot take it with you, but with careful planning you can make sure the assets you worked hard for will benefit the ones you love after you are gone. Many of us, however, put off creating a last will and testament, for one reason or another. In fact, 58 percent of American adults have not written a will, according to a 2008 survey conducted by FindLaw.com. 

Of all the problems associated with wills, the failure to write one is probably the greatest. Dying without a will leaves the distribution of your property up to your state’s inheritance laws—which likely differs from your idea of how things should be handled.

Among other common will-related problems to avoid:

  • Failing to update your will to reflect changes in your life. It is great you took the important step of writing a will. But if you have neglected to revise it after the birth of a child or marriage to a new spouse, the will may no longer be effective.  You should also have a lawyer review your will when estate and tax laws change.

 

  • Not putting a “superlative clause” at the end of your will to indicate that this most recent version of your will supersedes all previous wills you have drafted. Without this clause, earlier versions could be brought forward in a challenge to your last will.

 

  • Forgetting or not taking into account other documents you have that could conflict with or supersede the wishes you express in your will. Examples of such documents include life insurance policies in which you designate a beneficiary or a 401(k) retirement account, which automatically goes to the surviving spouse unless the spouse signs a notarized form to waive rights and name another beneficiary. Jointly-held property or accounts also go directly to the surviving owner.

 

  • Entering joint property ownership, which can make the provisions of your will ineffective. When you grant a child joint ownership of property, for instance, full ownership passes to the survivor and cannot be passed on to others through the will.

 

  • Not telling family members where to find your will and other important documents and assets. Even if you do not want family members to know the details of your will in advance, they need to know where to find it. Record and leave all relevant information in an accessible location.

 

  • Choosing an inappropriate executor, such as someone who does not have the time to give to the often long and drawn-out process of estate administration or someone who has a conflict of interest.
  • Writing the will in language that is difficult to understand and easy to misinterpret. Write in plain, simple language—not legalese.

 

  • Being too specific, listing every item you own and who gets it. Options are giving things that have special meaning to loved ones while you are still alive, or grouping valuable items such as jewelry, collectibles or tools to specific loved ones.

 

  • Forgetting to include a “leftovers” clause. Such a clause—more formally referred to as a residuary clause—directs distribution of any part of your estate that is left over after all assets specifically mentioned are distributed.  For instance, funds could be left over when a named beneficiary is deceased. If your will does not have a leftovers clause, your state’s laws will direct how remaining assets will be distributed.

 

This article is not intended to provide legal advice but to discuss the topic of wills generally.  For more information, visit the American Bar Association’s page http://www.americanbar.org/aba.html and/or consult your own attorney.

When Writing a Will…Consult An Attorney

When planning your estate it is best to choose the counsel of a lawyer—rather than do-it-yourself software and kits—to help guide you through the complexities of property and tax laws, wills, trusts and probate.  You are much more likely to meet all of your objectives with the help of a lawyer.

If you are concerned about saving time and money in your estate planning, the American Bar Association (ABA) (see link above) recommends that you organize all pertinent information and documents before meeting with the lawyer. This includes information on assets, liabilities and title arrangements and copies of important documents such as previous wills or trusts, powers-of-attorney, life insurance policies, employment benefits, and prenuptial agreements or divorce decrees.

The ABA advises that since not all states have programs that require or allow attorneys to designate a specialty area of practice, you should carefully look into the level of experience and qualifications a lawyer has in estate planning and seek recommendations from friends or other professional advisors. Membership in certain estate planning organizations often indicates a lawyer’s dedication to keeping up-to-date in the specialty.

Make sure the lawyer addresses legal fees to your satisfaction in an engagement letter before proceeding.




Advance Directives for Healthcare: Removing Uncertainty When You Cannot Speak for Yourself

Posted on Tuesday, January 17th, 2012 at 8:51 am and filed under Advance Directives

It is not something any of us likes to think about, but there could come a time when we face a life-threatening illness or injury that leaves us incapable of communicating our wishes about the medical care we receive. If you are unable to talk in such a situation, your loved ones would be placed in a very difficult, stressful position, not knowing what to do, not knowing what you would want. That is, unless you had taken the time to create and sign advance directives for health care.

Advance directives are legal documents that describe in writing your preferences for life-saving and sustaining medical care. They speak for you when you cannot –for instance, if you are in a coma. Advance directives come in two primary forms and can be prepared by anyone age 18 and over, serving to guide family members and doctors when you cannot make your own health care decisions. You do not have to have a lawyer to complete advance directives, but you do need to sign them in front of required witnesses.

What are the differences in advance directives?

  • A living will is a legal document that enables you to declare your wishes to receive or to have withheld life support procedures when permanently unconscious or terminally ill and unable to make informed decisions. Living wills also are referred to, in some states, as a health care declaration or health care directive.

 

  • A durable power of attorney (POA) for health care is a legal document in which you designate a trusted individual—your “agent”—to make medical decisions for you when you are unable. Do not confuse this with a financial power of attorney, which authorizes someone to make financial decisions for you when you are incapacitated. The POA can grant broad or specific powers to the agent. In your POA you can specify the treatments you would or would not want to receive.

 

  • A do not resuscitate (DNR) order sometimes supplements advance health care directives. Placed in a patient’s medical chart, a DNR is usually used by people who are already critically ill and feel strongly against use of life-prolonging measures.

Access To All States’ Advance Directive Forms

All states have advance directive laws, but they vary. It is important to complete and sign advance directive forms designed for your state.

Caring Connections, a program of the National Hospice and Palliative Care Organization (NHPCO), offers online access to advance directive information and forms from all 50 states. (link to: http://www.caringinfo.org/stateaddownload)

Caring Connections advises:

  • Not all states honor other states’ advance directives, so it is a good idea to complete advance directives for all states where you spend a significant amount of time.
  • Advance directives remain in effect until you change them.
  • Review your advance directives periodically to make sure they still reflect your wishes.