PBM
Patricia Bloom-McDonald • Jun 21, 2017

Independent Senior Living How You Can Help

Senior living presents challenges not only to the aging individual but to family members concerned about their loved ones’ health and well-being. Placing a parent in a senior facility may be a viable or only option for some, but many seniors want to remain in their homes or apartments, or do not have the resources to be cared for in a facility. If your loved one can remain in the home, he or she may need your help.

Prepare the Home

Your parent may have physical and perhaps mental limitations that need to be addressed if he or she is to be safe in the house. To ensure their safety, go through the home and look to see what adaptive devices will make both of your lives easier:

  • – Walk-in bathtub . No need to worry about falling in the shower or having to step into or out of a slippery tub.
  • – Escalating chair for the stairs . This makes going up and down the stairs very easy and allows your parent to keep their upstairs bedroom.
  • – Kitchen devices . Electric can openers, easy-to-use wine bottle openers, a large toaster or microwave oven can make your parent’s ability to make and enjoy food that much easier. Lower shelves in the kitchen or install new ones that are easily accessible.
  • – Get a phone with large letters and numbers or install an amplified hearing device or one that types out the caller’s conversation. Teach your parent how to use facetime with a computer so you can observe their appearance and speech patterns.
  • – Have a PERS (personal emergency response services) device easily accessible so your parent can merely push a button to call for help if they fall or are experiencing a stroke or heart attack.
  • – Consider a camera in certain areas of the home so that you can see how your parent is doing at any time of the day or night. Get your parent’s permission, of course. There is also technology that allows you to remotely control locks, lighting, the TV, and the temperature.

Grocery Shopping and Meals

You no longer have to go to the grocery store, but can do so online where you can order whatever you want and have it delivered. A few times per week, you can have whole meals delivered by Meals on Wheels or other services.

In the alternative, take your parent shopping with you as this can provide them some exercise and time without being alone.

Health Measures

Medical concerns are primary with most seniors as is ensuring that your parent takes the medication that has been prescribed. There are “smart” pill bottles or dispensers that you and your parent can use to track medications. Some will retain the medication history and adherence data and automatically dispense the pills. Your parent is alerted by an audio and/or visual signal when it is time to take a certain medication.

Also, keep all medical appointments on your own calendar and arrange for transportation to and from appointments, if you are unable to take them, be sure someone accompanies your parent.

If necessary, you may need to hire a home health worker who can visit your parent for a few hours each day to ensure they are grooming themselves, eating and taking their medications. Your parent may qualify for financial assistance through the local council on aging or through Community MassHealth/Medicaid, or even VA Aid and Attendance Benefit.

Physical Activity

Keeping active is key to preserving strength, reducing the severity of illness and incidence of falls as well as maintaining emotional health. An activity as simple as walking a mile or 2 each day or strolling in a mall can be effective. Many seniors enjoy swimming, water aerobics, spin classes or other group activities. Dancing, yoga, golf, or having a personal trainer work with your parent once or twice per week can be a lifesaver. If your parent has a hobby, encourage them to keep at it.

Mental Stimulation

Many young people don’t read books anymore but your parent may still enjoy picking up a good book to read. You can make trips to the library or bookstore or encourage your loved one to do crossword puzzles, watch Jeopardy on TV or play a game on the computer; scrabble is a popular computer past-time for seniors. There are a variety of brain stimulating games and exercises on a computer or smartphone.

Social Interactions

Loneliness is a major issue for seniors. Because they may have difficulty getting around, or friends have passed, or moved away, they have few interactions. You are encouraged to visit a few times per week for an hour or so, but be careful on staying for too long if family dynamics cause tension. You should know how long you can comfortably stay.

If possible, see what senior community activities are available. Senior Centers, Churches and synagogues are great places to meet other seniors. There are softball teams, bowling, bicycling, wine clubs and other similar activities for seniors.

You can also participate by not only shopping with your parent but playing golf, gardening, or merely taking your mother or father out for breakfast or lunch. Have them over for dinner on occasion to interact with you and the grandchildren, especially at holiday time when everyone else is with their family also.

There are numerous ways to keep your parent or parents healthy and connected to you and the community. By preparing their home, using available technology and services geared toward the elderly and discovering what activities are in your community for seniors, your loved ones can truly enjoy their golden years.

Consult Elder Law Attorney Patricia Bloom-McDonald

Elder law is a special area of the law that involves estate planning, probate, health care concerns, public benefits and how the law impacts seniors. If you are a senior or have an elderly parent or loved one who has issues regarding health or other benefits, or you have other topics of concern about your aging loved one, call elder law attorney Patricia Bloom-McDonald. Your initial one-hour consultation is always complimentary.  You can reach her at 508-646-9888 or 781-713-4709 or through her website at www.McBloomLaw.com.

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Using a Credit Card When You Have a Special Needs Trust

25 May, 2023
A special needs trust (SNT) allows you to meet your needs while receiving government benefits, such as Medicaid/MassHealth and Supplemental Security Income (SSI). When you have a special needs trust, you can use it to pay for goods and services government benefits do not cover, such as therapy, education,and housing. Since receiving income directly from your trust would jeopardize your eligibility for benefits, your trustee cannot give you cash from your SNT. When you use a credit card for permitted transactions, and your trustee pays off the balance with funds from your trust, these payments to a credit card company are not considered income. An SSI or Medicaid/MassHealth recipient who is capable of managing their own affairs can therefore use a credit card to make small purchases, and the trustee of the special needs trust need not micromanage every transaction. In the past, beneficiaries of SNTs sent their bills to their trustees for payment. Today, an individual with an SNT who qualifies for a personal credit card may find that using a credit card is more convenient. Credit cards have several benefits. Using a credit card to manage payments from your special needs trust allows you to maintain independence, gain access to some of the advantages of a credit card, and easily keep records while preserving your eligibility for Medicaid/MassHealth and SSI. Although credit cards can help people manage their special needs trusts, there are also several important restrictions and considerations to keep in mind. Consult with a special needs planner to ensure all transactions are acceptable under the trust's rules and comply with government regulations. The Benefits of Using Credit Cards When You Have a Special Needs Trust If you have a special needs trust, using a credit card has many benefits, including: Independence : Allowing you to maintain your independence. You can use your card to make qualifying purchases yourself. Your trustee does not have to make the transactions for you. Access to the Typical Advantages of a Credit Card : Using it responsibly can help you establish or build credit history, which may be important for your future financial needs. Record-Keeping : Credit cards provide easy record-keeping and a convenient way to monitor transactions from your special needs trust, which can also help special needs trustees fulfill their duty to maintain records. When you use your card, your trustee can observe your purchases and ensure that all expenses are allowable under the trust’s rules. Your statements can help your trustee keep track of funds leaving the trust. Benefits Eligibility : While adhering to Medicaid/MassHealth and SSI’s income and asset limits, you can access funds from your SNT. Credit cards can help prevent your trustee from accidentally providing you with cash payments that could affect your eligibility for government benefits. Considerations When Using a Credit Card for Your Special Needs Trust While you can use a credit card to access funds from your special needs trust for certain transactions , restrictions apply. If your trustee sees a charge on your card that could affect your benefits eligibility , they can flag it for review. You cannot use your credit card to pay for food and shelter, which SSI would cover. When administering your funds, your trustee must ensure that any expenditures are for your sole benefit if you have a first-party special needs trust. While using a credit card is appropriate, you should not use a debit card. Debit cards are considered cash income. Best Practices When using a credit card for a special needs trust fund, remember several best practices. Choose a card with low fees and interest rates. Set a clear budget and monitor transactions regularly. Keep thorough records and receipts of expenses. Consult with your special needs planning attorney. A special needs planning attorney can help you navigate the rules that apply to your trust and understand how to use a credit card to preserve your Medicaid/MassHealth and SSI eligibility. 

How an ILIT can help offset estate taxes

12 May, 2023
With the Federal estate tax exemption possibly about to be lowered, it may be time to think about steps you can take to keep your estate from being taxed. An irrevocable life insurance trust allows you to pass on money to your heirs while avoiding both the federal estate tax, as well as any applicable state estate tax which is currently $1 million in the Commonwealth of Massachusetts. Senate Democrats have proposed lowering the current estate tax exemption from $11.7 million for individuals and $23.4 million for couples to $3.5 million for individuals and $7 million for couples. While it is unclear if this proposal will pass, it is likely that some change to the estate tax is coming. Even if Congress does not take any action, the current rate will sunset in 2026 and essentially be cut in half, to about $6 million per individual. In the Commonwealth of Massachusetts, the current estate tax exemption is $1 million for individuals and is taxed at dollar $1.00. A proposal to raise it to $3 Million and the tax to start at $3 Million (not at $1.00) has been submitted in the legislature but has not yet been voted on or enacted. One way to make up for any estate tax your estate may have to pay is by setting up an irrevocable life insurance trust [ILIT]and funding it with a policy that has a death benefit that would pay your heirs some or all of the amount your estate will be taxed. If you purchased such a life insurance policy directly, it could end up being taxed as part of your estate. But if a trust owned the policy, it could pass outside your estate. While a life insurance trust can be highly beneficial, it is also complicated to set up and maintain properly. The following are some of the requirements: Trustee . If you are setting up the trust, you cannot also serve as a trustee. If you are the trustee, you have control of the trust, which could lead to the trust being included in your estate. You will need to name another trusted person or financial institution to act as trustee. Policy ownership . The trust must own the life insurance policy. If you transfer an existing policy to the trust and die within three years, the policy will still be considered a part of your estate. To avoid this risk, the trust can purchase a policy directly rather than receive an existing policy. Premiums . You need to transfer funds to the trust to pay the policy premiums, which creates an issue with gift taxes. A transfer to a trust is usually not subject to the $15,000 yearly gift tax exclusion. For a gift to qualify for the exclusion, the recipient must have a "present interest" in the money. Because a promise to give someone money later does not count as a present interest, most gifts to trusts aren't excluded from the gift tax. To avoid this, you can use something called a “Crummey” power which gives beneficiaries the right to withdraw the funds transferred to the trust for up to 30 days. As part of the process, the trustee needs to send them a letter, known as a Crummey letter, letting them know about the trust funding and their right to withdraw the funds. After the 30 days have passed, the trustee can use the funds to pay the annual insurance premium. You run the risk of the beneficiaries withdrawing the funds, but if they know that by allowing the money to stay in the trust they will receive more money later, it shouldn’t be a problem. Beneficiaries . The beneficiary of the life insurance policy is usually the trust. Once the funds are deposited in the trust, the trustee can distribute the assets to the beneficiaries in the way specified by the trust. For example, if your beneficiaries are minors, you can wait to have the trustee distribute the assets. Keeping the assets in the trust will also protect them from your beneficiaries’ creditors. The downside of an irrevocable life insurance trust is that you do not have the ability to change it once it is set up, although the policy would effectively be canceled if you stopped paying the premiums. If you are considering this type of trust, discuss it with your attorney.
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