What to do When an Aging Loved One Dies

NCPC

What to Do When an Aging Loved One Dies

What to Do When an Aging Loved One Dies

October 19, 2015 | by Valerie Michel Buck

If and when my parent passes away (which will likely take place in my own home), I wouldn’t know what to do. Most people don’t know what to do. The process itself is overwhelming to think about. Take a deep breathe, the next few moments maybe may be a little hectic.

Things to consider just after passing

When your aging loved one dies, note the general time of death. You don’t necessarily need to call someone right away unless the circumstances of the death were unusual or if your loved one is an organ donor. Organs need to be transferred as quickly as possible. If you are not sure if they are an organ donor, you can check their driver’s license or any advanced health care directive (living will or health care proxy) they may have available. You may even consider calling the nearest hospital to speak with an organ donor coordinator who can help you through the process.

If your loved one is not an organ donor and you want to spend some time with the newly departed and say goodbye, then is the perfect time to do so. Within the first hour of death, you can also wash and dress the body if you’d like to do so. You can also close their eyes and mouth if they are open. Sometimes the mouth may reopen. If that happens, place a rolled towel underneath the chin in order to keep it shut.

Inviting relatives and loved ones to come say their final good-byes can be done as well. It is generally best to keep these types of invites to a select few as you may be overwhelmed, emotionally drained or even in a panic. Adding additional people’s emotions to your own may make matters worse. Funerals, viewings, and family gathering may be the more appropriate time to invite relatives to visit the deceased.

Calling a local funeral home is your next step (if other arrangements haven’t already been made). It may be many hours before they come. When they arrive they will have questions for you. They will transport your loved on a gurney from the place of death to their vehicle, then drive to the funeral home/mortuary.

Things you will need to think about during the upcoming days

The death of a loved one is not an easy thing to experience. Finalizing their final affairs can be just as difficult. Take time now to understand the items below so you will be prepared to assist your loved one with their final wishes and needs.

Funeral Arrangements

Considering the departed wishes and what you’re able to afford. Reach out to a funeral service and meet with the funeral director. They can assist in any decisions that need to be made including embalming or cremation, closed or open casket, burial site, headstone, etc.

Close Friends, Extended Family

You’ll want to contact the departed’s close friends and extended family and maybe a few of your own. They can help with moral support. This also gives them time to take time off to grieve and time off to attend the funeral.

Religious Leader

Notify the departed’s church leader or clergy. These individuals can help you and your family during the coming days.

Property

Securing the departed’s home and vehicle is important. If the person lives in a rent home/facility, you’ll want to notify the property manager.

Pets

Does the departed have pets? If so, making arrangements for them will be necessary.

Post Funeral Gathering

Gathering those together who cared for the departed is a great way to share experiences and help each other through the grieving process. Enlist family and friends to help with this gathering.

Obituary

Some funeral home may offer this as a service, or you may want to write one yourself. Check with the local newspaper on rates, deadlines, and submission guidelines.

After the Funeral

Death Certificates

Before you talk to any of the entities below, make sure you request and receive the death certificate and order duplicates. Funeral directors may help handle this but you can also visit your local vital statistics office in your state for further assistance.

Notifying government agencies

Social Security, Veterans Affairs (if applicable), Medicare, DMV, and the IRS are all agencies that need to be informed about the death of the departed. An official copy of the death certificate may be needed with the cause of death clearly provided. With the IRS, a final tax return will need to be filed.

Insurance Policies

Insurance companies will need to be notified of the death.

Estate (Probate), Creditors, Financial Advisors, Mortgage Companies, Banks, etc…

All will need to be notified. Accounts will need to be closed. Trusts and estates will need to be settled. Much of this can be done as paper statements arrive in the mail.

Credit Reporting Agencies, Other Memberships

Credit reporting agencies should be notified to limit the chance of identity theft. Other memberships such as Gym, Spa, Clubs, Library, etc should be cancelled as well.


Sources:

seriousillness.org/demo/medical/last-few-days.php

member.aarp.org/home-family/friends-family/info-06-2012/when-loved-one-dies-checklist.html

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Deal with 21 Critical Issues Facing Aging Seniors

How to Deal with 21 Critical Issues Facing Aging SeniorsAging seniors and their families are often confounded by the complexity of issues they face (including declining income, increased debt, poor investment returns, declining health, medical crises, complex insurance programs, long term care challenges, etc…). This book (published in 2014) takes a comprehensive approach to address these challenges and provide solutions.

National Care Planning Council

Arthritis Among Seniors

NCPC

Arthritis Among Seniors

Arthritis Among Seniors

January 5, 2016 | by Valerie Michel Buck

Arthritis affects millions of people of all ages, including children (1 in every 250 children in the United States each year). From 2010-2012, nearly 50% of adults 65 years or older in the U.S. were told by a doctor that they have some form of arthritis in their joints. Although osteoarthritis is the most common form of the disease, there are over 100 different types of arthritis including gout, fibromyalgia, and rheumatoid arthritis.

What is Arthritis?

Although very common, arthritis is not well understood. Arthritis is an informal way of describing pain due to inflammation of one or more of your joints. Although most common among women and the elderly, arthritis can affect anyone regardless of race, sex or age. In fact, arthritis is the leading cause of disability in the U.S.

Symptoms might include decreased range of motion, pain, stiffness and swelling. These symptoms can be frequent or infrequent and range from mild to severe. Arthritis symptoms can last for a number of years and even worsen over time.

Common Types of Arthritis

Degenerative Arthritis (Osteoarthritis) [1]

As cartilage wears away, bone begins to rub against bone. This can cause pain, swelling and stiffness. Risk Factors include weight gain, excessive weight, family history, previous injury, and old age.

Inflammatory Arthritis [1]

Rheumatoid and Psoriatic Arthritis are two examples of inflammatory arthritis. When the immune system mistakenly attacks a joint, inflammation and joint erosion develop which may lead to complications with internal organs, eyes and other parts of the body. Smoking is a strong risk factor.

Infectious Arthritis [1]

This unique type of inflammatory arthritis is caused when bacteria, virus or fungus enter the joint and triggering inflammation. Food poisoning, some sexually transmitted diseases ,and Hepatitis C can cause Infectious Arthritis.

Metabolic Arthritis [1]

Uric acid is commonly formed in the body to break down purines, found in cells and foods. Having excessive levels of uric acid can cause needle-like crystals in the join, which can result in sudden spikes of extreme joint pain or gout.

Arthritis Symptoms Checklist

Arthritis.com provides a symptom checklist to help you and your doctor determine if arthritis could be the cause of your symptoms. Visit: arthritis.com/arthritis_symptoms_checklist

What can I do to manage arthritis? [2]

Ways to help manage arthritis include staying moderately active (strengthening muscles around your joints) with rest between activities, hot and cold therapies, eating a healthy balance diet, maintaining a healthy weight, improving sleep habits, and avoiding smoking and alcohol. If you think a medication is causing painful side effects in your joints make sure you discuss it with a professional.

When Should I See A Doctor? [2]

If joint pain persists, going to the doctor for a diagnosis and getting treatment is recommended. Many people can develop significant joint and other serious issues if arthritis is not treated over an extended period of time. Visiting your doctor may also help determine whether you have other diseases similar to arthritis such as:

Lyme Disease, which not only gives you Arthritis but may in fact cause heart, brain, and nerve problems. [3]

Lupus, which does not cause erosive, deforming arthritis. Symptoms rather tend to be milder overall. [4]

Reiter’s Syndrome, also know as reactive arthritis. It can last from three months to a year, in cases, longer. [4]

Reactive arthritis, which affects a few larger joints usually only on one side of the body. Inflammation of tendons, ligaments and muscles can happened as well. This can cause inflammation of other parts of the body such as eyes, head, skin, and mouth. [4]

Fibromyalgia, a chronic pain condition in the muscles and soft tissue. [5]

Pseudogout, a sudden with swelling and intense pain most common in the knees ( flares can last for weeks or months). [5]

Chicungunya, a virus spread by mosquitoes. One can experience high fever, joint pain, and rashes. Though the rash lasts up to 10 days, joint pain can last up to a year or more. [5]

Still’s Disease, which starts with a salmon-colored rash, high fever, joint pain can occurring after weeks of the initial symptoms. In those younger than 16, it is called Systemic-onset Juvenile Idiopathic Arthritis. This can appear in both adults and children. [5]

Summary

Arthritis is a disease that affects millions but with the right treatment, plenty of rest and a balanced diet, arthritis doesn’t have to ruin plans or stop you from doing what you want to do. Going to your doctor and diagnosing arthritis early can limit damage and give you many years of happy, healthy activity.

References

[1] arthritis.org/about-arthritis/understanding-arthritis/what-is-arthritis.php?utm_source=google&utm_medium=cpc

[2] arthritis.org/about-arthritis/understanding-arthritis/early-arthritis-treatment.php

[3] webmd.com/rheumatoid-arthritis/arthritis-lyme-disease

[4] everydayhealth.com/rheumatoid-arthritis-pictures/health-conditions-that-mimic-rheumatoid-arthritis.aspx#02

[5] healthcentral.com/slideshows/conditions-that-mimic-rheumatoid-arthritis/#slide=6

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Deal with 21 Critical Issues Facing Aging Seniors

How to Deal with 21 Critical Issues Facing Aging SeniorsAging seniors and their families are often confounded by the complexity of issues they face (including declining income, increased debt, poor investment returns, declining health, medical crises, complex insurance programs, long term care challenges, etc…). This book (published in 2014) takes a comprehensive approach to address these challenges and provide solutions.

National Care Planning Council

Seniors Relocation and Real Estate Services

Seniors Relocation and Real Estate Services

 

June 5, 2007

 

As people age, they often become overly attached to their homes and even though there may be compelling reasons to find other living arrangements, these folks will go to extreme lengths to remain in their homes.

 

Notwithstanding the affection for their dwellings, there is oftentimes undeniable pressure for seniors to move out and into a different living arrangement. Consider the following:

 

  • The challenge of maintaining a yard and providing upkeep has become too great.
  • There is a need for long term care that can’t be handled in the home.
  • The older person needs supervision that can’t be provided in the home.
  • The neighborhood has deteriorated and safety is a concern.
  • There is a desire to be near children or grandchildren (70% of those 65+ live within 1 hour of a child).
  • The home cannot accommodate disability needs.
  • There is a need to avoid climbing stairs.
  • Assets are tied up in the home and cash is needed through selling the property.
  • Driving is no longer possible and available local transportation is not adequate.
  • There is a desire for a warmer climate, a yearning for new vistas or a need for challenging new experiences.

 

Typically, the thought of giving up their residence, finding new accommodations, downsizing personal possessions and executing the move can seem overwhelming to many older people.

 

Perhaps another obstacle for many seniors, contemplating a move, is the lack of support or help from family members. In fact, some seniors have no children. For others, the children are living far away or are extremely busy with their jobs or their own families. And in some cases — because people are living so long — the children are elderly as well and find it difficult to help with the move.

 

This overwhelming pressure and stress relating to moving can often result in gridlock — a failure to make any decision at all.

 

Because many elderly people face such a daunting task with moving, a growing number of seniors relocation specialists are stepping forward to provide assistance. These individuals or companies provide or arrange for the following services:

 

  • advice and counseling,
  • help with finding new accommodations,
  • downsizing possessions through personal, caring assistance with discarding, donating or arranging estate sales,
  • selling the existing property,
  • organizing, arranging and scheduling the move,
  • unpacking at the new location and removing boxes and other debris,
  • setting up and arranging furniture.

 

And it isn’t just the elderly person, contemplating a move, who is hiring these specialists. Active senior communities, independent living facilities, nursing homes and assisted living often retain a relocation specialist to provide advice and arrange services to help seniors with a move. Family members of seniors have also found it more convenient to hire a specialist to help their loved ones with relocation.

 

So who are these companies or individuals who provide seniors relocation and real estate services? (A list of these providers can be found here.)

 

Seniors Real Estate Specialists

A Seniors Real Estate Specialist (SRES) is a real estate agent who specializes in helping the elderly transition to a new location. The specialist has been trained to recognize the special needs of seniors and understand the various living arrangements available to older people. Most of these specialists concentrate on selling the property and do not directly provide relocation services but they will arrange for companies or individuals or advisors who can provide these other services.

 

Senior Move Managers

A Senior Move Manager is a member of the National Association of Senior Move Managers. These people often have a background in social work or case management and have experience working with the elderly. As such, they understand the needs and desires of seniors. Senior Move Managers can provide or arrange for any needed service such as counseling and advice, selling property, downsizing or relocating their clients.

 

Moving Companies

Many independent moving companies recognize the special needs of seniors and they will provide moving services, storage and other specialized programs for this unique group of customers. These companies will often work together with senior advisors and relocation specialists.

 

Specialists with Developers or Senior Communities

Active senior community developers, senior residences and care facilities have recognized that providing relocation services will help their clients or residents transition more quickly into the new living arrangements. This not only relieves the stress on the seniors but also results in less cost to the providers who might be holding open properties or rooms for a long period of time — while receiving no income — due to the difficulty of selling the old residence and relocating.

 

Professional Organizers

Professional organizers — many of whom are members of the National Association of Professional Organizers — have found a unique niche in helping people reduce clutter in their homes or provide a more efficient office or living environment. Because of extensive experience in reducing personal possessions, a professional organizer can be particularly useful in helping to downsize in anticipation of a move.

 

Professional or Geriatric Care Managers

Care managers help the elderly and their families deal with the issues of long term care. Most care managers also help people, needing long term care, to find appropriate living arrangements. A natural outgrowth of finding new accommodations has resulted in many care managers specializing in relocation services as part of what they do.

 

Adding Value by Helping to Obtain the Veterans Aid and Attendance Benefit

About 30% of seniors over the age of 65 are war veterans or they are the surviving spouses of these veterans. Under the right circumstances these people could be receiving a veterans benefit called “aid and attendance” which, under the right circumstances, could furnish up to an additional $1,800 a month in income. This is such a well-kept secret that only a fraction of eligible veterans are receiving the benefit. Relocation specialists who are experts on obtaining the veterans aid and attendance benefit are helping seniors find additional income to pay for assisted living or nursing home costs. Seniors are also seeking out these veteran-savvy relocation specialists for help with moving and creating new income after the move.

Home, the Desired Setting for Elder Care

NCPC

Home Care

Home, the Desired Setting for
Elder Care

August 4, 2015 | by the NCPC

Most of those receiving long-term care and most caregivers prefer a home environment. Out of an estimated 10 million older Americans receiving care, about 7 million are in their own home or the home of a family member or friend. The National Association for Home Care & Hospice reports that over 12 million individuals currently receive care from more than 33,000 providers (for causes including acute illness, long-term health conditions, permanent disability, or terminal illness).

Most older people prefer their home over the unfamiliar proposition of living in a care facility. Family or friends attempt to accommodate the wishes of loved ones even though caregiving demands might warrant a different environment. Those needing care feel comfortable and secure in familiar surroundings and a home is usually the best setting for that support.

Often the decision to stay in the home is dictated by funds available. It is much cheaper for a wife to care for her husband at home than to pay out $3,000 to $6,000 a month for care in a facility. Likewise, it’s much less costly and more loving for a daughter to have her widowed mother move into the daughter’s home than to liquidate mom’s assets and put her in a nursing home. Besides, personally taking care of our parents or spouses is an obligation most of us feel very strongly about.

For many long term care recipients the home is an ideal environment. These people may be confined to the home but continue to lead active lives engaging in church service, entertaining grandchildren, writing histories, corresponding, pursuing hobbies or doing handwork activities. Their care needs might not be that demanding and might include occasional help with house cleaning and shopping as well as help with getting out of bed, dressing and bathing.

Most of the time these people don’t need the supervision of a 24/7 caregiver. There are, however, some care situations that make it difficult to provide long term care in the home.

It is precisely the ongoing and escalating need for help with activities of daily living or the need for extended supervision that often makes it impossible for a caregiver to provide help in the home. Either the physical demands for help with activities of daily living or the time demand for supervision can overwhelm an informal caregiver. This untenable situation usually leads to finding another care setting for the loved one.

On the other hand if there are funds to hire paid providers to come into the home, there would be no need for finding another care setting. By planning for eldercare in advance and providing the funding necessary to remain in the home, no one need go to a facility to receive long term care. With enough money, anyone who desires, can remain at home to receive the necessary care.

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Apply for VA Benefits for Senior Veterans and Their Survivors

How to Apply for Department of Veterans Affairs Benefits for Senior Veterans and Their SurvivorsThis 2015 edition is a tremendous resource for veterans, their families, and those who assist veterans. There is no other book available that incorporates VA’s newest claims procedures with detailed instructions on submitting applications for 25 different types of disability claims including Pension, Aid & Attendance, DIC, Compensation, Burial Benefits, and more.

BOOK: “How to Deal with 21 Critical Issues Facing Aging Seniors

How to Deal with 21 Critical Issues Facing Aging SeniorsAging seniors and their families are often confounded by the complexity of issues they face (including declining income, increased debt, poor investment returns, declining health, medical crises, complex insurance programs, long term care challenges, etc…). This book (published in 2014) takes a comprehensive approach to address these challenges and provide solutions.

National Care Planning Council

Seniors Relocation and Real Estate Services

Seniors Relocation and Real Estate Services

 

June 5, 2007

 

As people age, they often become overly attached to their homes and even though there may be compelling reasons to find other living arrangements, these folks will go to extreme lengths to remain in their homes.

 

Notwithstanding the affection for their dwellings, there is oftentimes undeniable pressure for seniors to move out and into a different living arrangement. Consider the following:

 

  • The challenge of maintaining a yard and providing upkeep has become too great.
  • There is a need for long term care that can’t be handled in the home.
  • The older person needs supervision that can’t be provided in the home.
  • The neighborhood has deteriorated and safety is a concern.
  • There is a desire to be near children or grandchildren (70% of those 65+ live within 1 hour of a child).
  • The home cannot accommodate disability needs.
  • There is a need to avoid climbing stairs.
  • Assets are tied up in the home and cash is needed through selling the property.
  • Driving is no longer possible and available local transportation is not adequate.
  • There is a desire for a warmer climate, a yearning for new vistas or a need for challenging new experiences.

 

Typically, the thought of giving up their residence, finding new accommodations, downsizing personal possessions and executing the move can seem overwhelming to many older people.

 

Perhaps another obstacle for many seniors, contemplating a move, is the lack of support or help from family members. In fact, some seniors have no children. For others, the children are living far away or are extremely busy with their jobs or their own families. And in some cases — because people are living so long — the children are elderly as well and find it difficult to help with the move.

 

This overwhelming pressure and stress relating to moving can often result in gridlock — a failure to make any decision at all.

 

Because many elderly people face such a daunting task with moving, a growing number of seniors relocation specialists are stepping forward to provide assistance. These individuals or companies provide or arrange for the following services:

 

  • advice and counseling,
  • help with finding new accommodations,
  • downsizing possessions through personal, caring assistance with discarding, donating or arranging estate sales,
  • selling the existing property,
  • organizing, arranging and scheduling the move,
  • unpacking at the new location and removing boxes and other debris,
  • setting up and arranging furniture.

 

And it isn’t just the elderly person, contemplating a move, who is hiring these specialists. Active senior communities, independent living facilities, nursing homes and assisted living often retain a relocation specialist to provide advice and arrange services to help seniors with a move. Family members of seniors have also found it more convenient to hire a specialist to help their loved ones with relocation.

 

So who are these companies or individuals who provide seniors relocation and real estate services? (A list of these providers can be found here.)

 

Seniors Real Estate Specialists

A Seniors Real Estate Specialist (SRES) is a real estate agent who specializes in helping the elderly transition to a new location. The specialist has been trained to recognize the special needs of seniors and understand the various living arrangements available to older people. Most of these specialists concentrate on selling the property and do not directly provide relocation services but they will arrange for companies or individuals or advisors who can provide these other services.

 

Senior Move Managers

A Senior Move Manager is a member of the National Association of Senior Move Managers. These people often have a background in social work or case management and have experience working with the elderly. As such, they understand the needs and desires of seniors. Senior Move Managers can provide or arrange for any needed service such as counseling and advice, selling property, downsizing or relocating their clients.

 

Moving Companies

Many independent moving companies recognize the special needs of seniors and they will provide moving services, storage and other specialized programs for this unique group of customers. These companies will often work together with senior advisors and relocation specialists.

 

Specialists with Developers or Senior Communities

Active senior community developers, senior residences and care facilities have recognized that providing relocation services will help their clients or residents transition more quickly into the new living arrangements. This not only relieves the stress on the seniors but also results in less cost to the providers who might be holding open properties or rooms for a long period of time — while receiving no income — due to the difficulty of selling the old residence and relocating.

 

Professional Organizers

Professional organizers — many of whom are members of the National Association of Professional Organizers — have found a unique niche in helping people reduce clutter in their homes or provide a more efficient office or living environment. Because of extensive experience in reducing personal possessions, a professional organizer can be particularly useful in helping to downsize in anticipation of a move.

 

Professional or Geriatric Care Managers

Care managers help the elderly and their families deal with the issues of long term care. Most care managers also help people, needing long term care, to find appropriate living arrangements. A natural outgrowth of finding new accommodations has resulted in many care managers specializing in relocation services as part of what they do.

 

Adding Value by Helping to Obtain the Veterans Aid and Attendance Benefit

About 30% of seniors over the age of 65 are war veterans or they are the surviving spouses of these veterans. Under the right circumstances these people could be receiving a veterans benefit called “aid and attendance” which, under the right circumstances, could furnish up to an additional $1,800 a month in income. This is such a well-kept secret that only a fraction of eligible veterans are receiving the benefit. Relocation specialists who are experts on obtaining the veterans aid and attendance benefit are helping seniors find additional income to pay for assisted living or nursing home costs. Seniors are also seeking out these veteran-savvy relocation specialists for help with moving and creating new income after the move.

Seniors Relocation and Real Estate Services

Seniors Relocation and Real Estate Services

 

June 5, 2007

 

As people age, they often become overly attached to their homes and even though there may be compelling reasons to find other living arrangements, these folks will go to extreme lengths to remain in their homes.

 

Notwithstanding the affection for their dwellings, there is oftentimes undeniable pressure for seniors to move out and into a different living arrangement. Consider the following:

 

  • The challenge of maintaining a yard and providing upkeep has become too great.
  • There is a need for long term care that can’t be handled in the home.
  • The older person needs supervision that can’t be provided in the home.
  • The neighborhood has deteriorated and safety is a concern.
  • There is a desire to be near children or grandchildren (70% of those 65+ live within 1 hour of a child).
  • The home cannot accommodate disability needs.
  • There is a need to avoid climbing stairs.
  • Assets are tied up in the home and cash is needed through selling the property.
  • Driving is no longer possible and available local transportation is not adequate.
  • There is a desire for a warmer climate, a yearning for new vistas or a need for challenging new experiences.

 

Typically, the thought of giving up their residence, finding new accommodations, downsizing personal possessions and executing the move can seem overwhelming to many older people.

 

Perhaps another obstacle for many seniors, contemplating a move, is the lack of support or help from family members. In fact, some seniors have no children. For others, the children are living far away or are extremely busy with their jobs or their own families. And in some cases — because people are living so long — the children are elderly as well and find it difficult to help with the move.

 

This overwhelming pressure and stress relating to moving can often result in gridlock — a failure to make any decision at all.

 

Because many elderly people face such a daunting task with moving, a growing number of seniors relocation specialists are stepping forward to provide assistance. These individuals or companies provide or arrange for the following services:

 

  • advice and counseling,
  • help with finding new accommodations,
  • downsizing possessions through personal, caring assistance with discarding, donating or arranging estate sales,
  • selling the existing property,
  • organizing, arranging and scheduling the move,
  • unpacking at the new location and removing boxes and other debris,
  • setting up and arranging furniture.

 

And it isn’t just the elderly person, contemplating a move, who is hiring these specialists. Active senior communities, independent living facilities, nursing homes and assisted living often retain a relocation specialist to provide advice and arrange services to help seniors with a move. Family members of seniors have also found it more convenient to hire a specialist to help their loved ones with relocation.

 

So who are these companies or individuals who provide seniors relocation and real estate services? (A list of these providers can be found here.)

 

Seniors Real Estate Specialists

A Seniors Real Estate Specialist (SRES) is a real estate agent who specializes in helping the elderly transition to a new location. The specialist has been trained to recognize the special needs of seniors and understand the various living arrangements available to older people. Most of these specialists concentrate on selling the property and do not directly provide relocation services but they will arrange for companies or individuals or advisors who can provide these other services.

 

Senior Move Managers

A Senior Move Manager is a member of the National Association of Senior Move Managers. These people often have a background in social work or case management and have experience working with the elderly. As such, they understand the needs and desires of seniors. Senior Move Managers can provide or arrange for any needed service such as counseling and advice, selling property, downsizing or relocating their clients.

 

Moving Companies

Many independent moving companies recognize the special needs of seniors and they will provide moving services, storage and other specialized programs for this unique group of customers. These companies will often work together with senior advisors and relocation specialists.

 

Specialists with Developers or Senior Communities

Active senior community developers, senior residences and care facilities have recognized that providing relocation services will help their clients or residents transition more quickly into the new living arrangements. This not only relieves the stress on the seniors but also results in less cost to the providers who might be holding open properties or rooms for a long period of time — while receiving no income — due to the difficulty of selling the old residence and relocating.

 

Professional Organizers

Professional organizers — many of whom are members of the National Association of Professional Organizers — have found a unique niche in helping people reduce clutter in their homes or provide a more efficient office or living environment. Because of extensive experience in reducing personal possessions, a professional organizer can be particularly useful in helping to downsize in anticipation of a move.

 

Professional or Geriatric Care Managers

Care managers help the elderly and their families deal with the issues of long term care. Most care managers also help people, needing long term care, to find appropriate living arrangements. A natural outgrowth of finding new accommodations has resulted in many care managers specializing in relocation services as part of what they do.

 

Adding Value by Helping to Obtain the Veterans Aid and Attendance Benefit

About 30% of seniors over the age of 65 are war veterans or they are the surviving spouses of these veterans. Under the right circumstances these people could be receiving a veterans benefit called “aid and attendance” which, under the right circumstances, could furnish up to an additional $1,800 a month in income. This is such a well-kept secret that only a fraction of eligible veterans are receiving the benefit. Relocation specialists who are experts on obtaining the veterans aid and attendance benefit are helping seniors find additional income to pay for assisted living or nursing home costs. Seniors are also seeking out these veteran-savvy relocation specialists for help with moving and creating new income after the move.

Fall Prevention and Coping after a Fall

Fall Prevention

Fall Prevention and Coping after a Fall

June 25, 2015 | by Jed Winegar

American writer and poet Gertrude Stein once said, “We are always the same age inside.” I couldn’t agree more. I still feel young even though I am far beyond my twenties. When I dream, I am always much younger. When I look in the mirror, I am often surprised by the reflection of my older self.

I will, however, readily admit that I am no spring chicken. My body isn’t what it used to be and sometimes my age attacks when I least expect it. It is frustrating. I get myself into all kinds of messes, including an occasional injury.

Age related physical changes, mental conditions, health conditions, and even medications increase the risk of injury. Falling is the leading cause of injury among seniors ages 65 and older. In fact, each year one in three seniors will have a fall. As we age, a serious fall can be the difference between freedom of movement and wheelchair, or worse, the difference between living comfortably at home and moving to a care facility. One serious fall can be life changing.

Unfortunately, 2 million seniors will be treated in an emergency setting for fall-related injuries this year alone. For seniors, fractures are one of the most serious consequence of falls.  Serious falls may cause hip fractures or even life-threatening head injuries. In 2013, the direct medical costs of older adult falls, adjusted for inflation, were $34 billion. 1

While the aging population continues to increase, both the number of falls and the costs to treat the associated injuries will also increase. Even when there’s no serious injury, a fall can still be scary enough that we choose to avoid certain activities because we are fearful of another fall. Falls can have an adverse psychological impact on the aging. For example, after having a fall some can lose confidence, become withdrawn and feel as if they have lost their independence entirely.

The fear of falling doesn’t need to control a life. Below we have compiled some useful information to help you or a loved one prevent falls and cope after a fall.

Make an Appointment with your Doctor if You Fall or have a “Close Call”

According to the Centers for Disease Control and Prevention, fewer than half of seniors who experience a fall will actually talk with their doctors about it. Many will rationalize and conclude that the fall “wasn’t serious enough.” It is important to remember that ALL FALLS ARE POTENTIALLY SERIOUS. You or your family member should see their health care provider if they have fallen, even if they are not hurt. Remember to record the details of the fall, including when, where and how.

It is also important to discuss instances when you almost fell. For example, you were caught by someone, were able to brace yourself just in time, or you became so dizzy that you rushed to a chair or bed before it was too late. These types of details may help you and your doctor identify fall-prevention strategies to protect you.

Review your Medication(s) and Eye Sight with Your Health Care Provider

If you have fallen, have been feeling dizzy, or your sense of balance has declined, consider reviewing the medications are you taking with your health care provider. Some medicines (or combinations of medicines) can have side effects such as dizziness or drowsiness. This can make falling more likely. The Mayo Clinic recommends that you:

Make a list of your prescription and over-the-counter medications and supplements, or bring them with you to the appointment. Your doctor can review your medications for side effects and interactions that may increase your risk of falling. To help with fall prevention, your doctor may consider weaning you off certain medications — such as sedatives and some types of antidepressants. 2

Poor vision can make getting around safely very difficult. Aging seniors should have their eyes checked annually and wear glasses or contact lenses with the proper prescription strength to ensure clear eye sight. The Mayo Clinic adds:

Certain eye and ear disorders may increase your risk of falls. Be prepared to discuss your health conditions and how comfortable you are when you walk — for example, do you feel any dizziness, joint pain, numbness or shortness of breath when you walk? Your doctor may evaluate your muscle strength, balance and walking style (gait) as well. 2

Eliminate Home and Clothing Hazards

Over one half of all falls happen in the home or yard. A safety check in the home (including exits), garage and yard can identify hazards that need to be removed, changed or upgraded.  To make your residence safer, consider:

  • Moving, downsizing, or eliminating coffee tables, book shelves, electrical and phone cords, or plants from high-traffic walkways outside and inside.
  • Securing rugs and doormats with tape, nails or a slip-resistant backing (or remove the rugs entirely from the home).
  • Swapping out chairs and couches that are unsafe or difficult to stand up from.
  • Using nonslip mats in the shower or bathtub.
  • Repairing loose tile, stairs, sidewalks, floorboards and carpeting.
  • Storing tools, clothing, dishes, food and other necessities in areas that are easy to reach.
  • Avoiding wearing loose clothing. Regardless of how comfortable they might be, baggy clothing can make a fall more likely.
  • Consider changing your footwear (shoes, socks, and slippers). Properly fitting, sturdy footwear with nonskid soles can prevent falls.

This safety check should include a review of your clothing and foot apparel. There is a myriad of outer garments, underwear, leisure wear, footwear and other specialized clothing available for elderly people with Alzheimer’s, arthritis, mobility issues, foot problems, incontinence, scoliosis or obesity issues.

Medical Equipment and Assistive Technology

Medical equipment is a term often used to refer to a larger category of services called assistive technology. Assistive technology is a broad term and may mean different things to different people but for our purposes we will define it as devices or systems to help the elderly function safely at home. Assistive technology can include:

  • Hand rails for entrances and stairways
  • Lifts and ramps
  • Nonslip treads for the floor
  • Raised toilet seats with armrests
  • Grab bars and nonslip treads for the shower or tub
  • A sturdy plastic seat for the shower or tub
  • Elevated toilet seats
  • Wheelchairs and scooters
  • Oxygen equipment

If you or a loved one spends a substantial amount of time at home, and is at increased risk of falling, consider subscribing to a personal emergency response system. This service, which operates through your home phone line, provides a button or bracelet to wear at all times in your home. Carrying a cell phone in your pocket while you are at home can also make it easier to call someone if you need assistance.

Great care and consideration should be used for those who are at a fall risk and have been diagnosed with dementia. Although many of the items mentioned above can be very helpful, those with memory issues may forget to utilize them properly.

Physical Activity

The Mayo Clinic recommends that:

Physical activity can go a long way toward fall prevention. With your doctor’s OK, consider activities such as walking, water workouts or tai chi — a gentle exercise that involves slow and graceful dance-like movements. Such activities reduce the risk of falls by improving strength, balance, coordination and flexibility. Lack of exercise can lead to weak legs and this increases the chances of falling. Exercise programs such as Tai Chi can increase strength and improve balance, making falls much less likely. 2

Practice Getting up from the Floor

Can you get up from the floor on your own right now? The answer to that question may depend on your age, health, past injuries and what is available to grab to help you up. Knowing whether or not you can get up from the floor by yourself is important. You might consider testing your ability. If it is difficult, can practicing with a stand by assistant help you develop this skill? Don’t wait until you fall down to work out how to get up. If you practice getting up and down from the floor on a regular basis, you might be surprised by the results.

If You Fall

A sudden fall can be startling and upsetting. Knowing what to do if a fall occurs can help you or a loved one be less afraid of falling. Whether you are at home or somewhere else, the steps below, provided by NIH Senior Health, can help you know how to get up from a fall. 3

  • Remain still on the floor or ground for a few moments. This will help you get over the shock of falling.
  • Decide if you’re hurt before getting up. Getting up too quickly or in the wrong way could make an injury worse.
  • If you think you can get up safely without help, roll over onto your side.
  • Rest again while your body and blood pressure adjust. Slowly get up on your hands and knees, and crawl to a sturdy chair.
  • Put your hands on the chair seat and slide one foot forward so that it is flat on the floor. Keep the other leg bent so the knee is on the floor.
  • From this kneeling position, slowly rise and turn your body to sit in the chair.
  • If you’re hurt or can’t get up on your own, ask someone for help or call 911. If you’re alone, try to get into a comfortable position and wait for help to arrive.

When someone has a serious fall and, for example, breaks their hips, they can feel that the situation is the beginning of the end. A fear of become increasingly frail and incapacitated can set in. Care.com has offered some helpful suggestions to help the elderly cope with depression after a fall. Here are some things you can do. 4

  • Empathize with your parent’s feelings.
  • Don’t minimize the situation, but remind your parent that it is temporary and that he or she will become more fully mobile little by little.
  • If your parent continues to feel depressed, tell the doctor and make sure the depression gets treated and starts to improve.
  • Any exercise that your parent is able to do will help improve his or her mood.

Conclusion – Address the Fear of Falling, Eliminate Risk, and Find Ways to Cope after a Fall

Each year one in three seniors will have a fall. Unfortunately, there is a common pattern when it comes to falls among the aging: risks increase, fear of falling ensues, the fall and subsequent injury, followed by hospitalization, rehabilitation, decreased independence and mobility, and often relocation to a nursing or residential care facility. One serious fall can be life changing.

Simple home modifications, the use of assistive devices, wearing sensible footwear, and removing hazards can reduce the risk of falling and the injuries that come with it.

If you’re worried about falling or having another fall, talk with your doctor or another health care provider.  Getting rid of your fear of falling can help you to stay active, maintain your physical health, and prevent future falls.


References:

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Deal with 21 Critical Issues Facing Aging Seniors

How to Deal with 21 Critical Issues Facing Aging SeniorsAging seniors and their families are often confounded by the complexity of issues they face (including declining income, increased debt, poor investment returns, declining health, medical crises, complex insurance programs, long term care challenges, etc…). This book (published in 2014) takes a comprehensive approach to address these challenges and provide solutions.

National Care Planning Council

Home, the Desired Setting for Elder Care

NCPC

Home Care

Home, the Desired Setting for
Elder Care

August 4, 2015 | by the NCPC

Most of those receiving long-term care and most caregivers prefer a home environment. Out of an estimated 10 million older Americans receiving care, about 7 million are in their own home or the home of a family member or friend. The National Association for Home Care & Hospice reports that over 12 million individuals currently receive care from more than 33,000 providers (for causes including acute illness, long-term health conditions, permanent disability, or terminal illness).

Most older people prefer their home over the unfamiliar proposition of living in a care facility. Family or friends attempt to accommodate the wishes of loved ones even though caregiving demands might warrant a different environment. Those needing care feel comfortable and secure in familiar surroundings and a home is usually the best setting for that support.

Often the decision to stay in the home is dictated by funds available. It is much cheaper for a wife to care for her husband at home than to pay out $3,000 to $6,000 a month for care in a facility. Likewise, it’s much less costly and more loving for a daughter to have her widowed mother move into the daughter’s home than to liquidate mom’s assets and put her in a nursing home. Besides, personally taking care of our parents or spouses is an obligation most of us feel very strongly about.

For many long term care recipients the home is an ideal environment. These people may be confined to the home but continue to lead active lives engaging in church service, entertaining grandchildren, writing histories, corresponding, pursuing hobbies or doing handwork activities. Their care needs might not be that demanding and might include occasional help with house cleaning and shopping as well as help with getting out of bed, dressing and bathing.

Most of the time these people don’t need the supervision of a 24/7 caregiver. There are, however, some care situations that make it difficult to provide long term care in the home.

It is precisely the ongoing and escalating need for help with activities of daily living or the need for extended supervision that often makes it impossible for a caregiver to provide help in the home. Either the physical demands for help with activities of daily living or the time demand for supervision can overwhelm an informal caregiver. This untenable situation usually leads to finding another care setting for the loved one.

On the other hand if there are funds to hire paid providers to come into the home, there would be no need for finding another care setting. By planning for eldercare in advance and providing the funding necessary to remain in the home, no one need go to a facility to receive long term care. With enough money, anyone who desires, can remain at home to receive the necessary care.

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Apply for VA Benefits for Senior Veterans and Their Survivors

How to Apply for Department of Veterans Affairs Benefits for Senior Veterans and Their SurvivorsThis 2015 edition is a tremendous resource for veterans, their families, and those who assist veterans. There is no other book available that incorporates VA’s newest claims procedures with detailed instructions on submitting applications for 25 different types of disability claims including Pension, Aid & Attendance, DIC, Compensation, Burial Benefits, and more.

BOOK: “How to Deal with 21 Critical Issues Facing Aging Seniors

How to Deal with 21 Critical Issues Facing Aging SeniorsAging seniors and their families are often confounded by the complexity of issues they face (including declining income, increased debt, poor investment returns, declining health, medical crises, complex insurance programs, long term care challenges, etc…). This book (published in 2014) takes a comprehensive approach to address these challenges and provide solutions.

National Care Planning Council

How Elder Law can Help You

NCPC

Elder Law Can Help You

How Elder Law Can Help You

September 18, 2015 | by Lynda Neuenschwander

The specialty of Elder Law is becoming more important as our population ages. People are living longer, but in many cases, are not living better. “The number of older individuals in the population is projected to increase to 71.5 million in 2030, representing nearly 20 percent of the U.S. population. As a result, the need is growing for specialized legal advice about aging-related issues.” [1]

First, let’s define exactly what Elder Law is and why it might be of interest to you.

What is Elder Law?

The National Academy of Elder Law Attorneys states the following about defining Elder Law:

“Elder Law is a specialized area of law that involves representing, counseling, and assisting seniors and their families in connection with a variety of legal issues, from estate planning to long term care issues, with a primary emphasis on promoting the highest quality of life for the individuals. Typically, Elder Law attorneys address the client’s perspective from a holistic viewpoint by addressing legal, medical, financial, social and family issues.”

Does this sound like something that would be valuable to you or someone you know?

“Every day, 10,000 Americans celebrate their 65th birthday. While the U.S. is experiencing a longevity revolution, at the same time our aging nation is triggering a Silver Tsunami of chronic age-related disease that bring with it increased national health care spending, high rates of morbidity and mortality, and declines in quality of life.” [2]

What are some specific examples of how Elder Law can help you?

Overcome the Potential for Financial Exploitation

The trusting nature of many elderly people makes them vulnerable to financial exploitation.

All elderly should be made aware of and told to avoid any financial transactions that require up front deposits. No contracts are to be signed without two or three days of consideration in consultation with knowledgeable family members. All dishonest schemes promulgated through the mail are guilty of mail fraud and appropriate complaints should be filed. All states have consumer-reporting departments to take complaints on consumer fraud. Again a good source for help is your local area agency on aging.

Here are some examples of the most common types of financial exploitation:

  • Telephone Solicitations for Dishonest Charities or Fraudulent Investments
  • Identity Theft to Get Credit Card Numbers and Other Information
  • Pay in Advance Prize-Winning Schemes
  • High-Pressure Door-To-Door Sales
  • Dishonest Home Improvement Contracts
  • Dishonest Miracle Health Cures
  • Unnecessary Living Trusts through a Trust Mill
  • Dishonest Funeral Arrangement Plans

Settle Family Disputes

“For some lucky families, having a bunch of adult siblings gather around and plan how to take care of Mom and Dad as their parents’ health begins to fail is a great comfort. For some families, siblings who never got along as kids and have had little to do with each other as adults being thrown together to make touchy decisions is disastrous.” [3]

It is becoming more common to use an attorney, an arbitrator or a mediator in solving disputes among family members relating to the care of elderly parents. For instance, one child may have stolen assets and the rest of the family wants that person brought to justice. There may be a disagreement over the final disposition of property in an estate plan and it may take an attorney to solve that. A lawyer may be necessary to settle the differences either through the courts or through mediation.

“Ideally, before things get to this stage, you’ve had conversations with your parents about how they want their needs met during their later years. They’ve made out the papers naming a Power of Attorney for Health Care (a health directive indicating who will make health decisions if they can’t and detailing their preferences for treatment) and a Power of Attorney for financial affairs. A will should be part of this, as well as other personal papers. Ideally, as well, all siblings are aware of these papers, what they contain and all are in agreement. Ideally – taking care of the elders becomes a family affair. However, life is seldom ideal.” [4]

Age Discrimination in the Workplace

The “Baby Boomers” will cause a significant increase in the older population until 2030, when the last of this group reaches old age.

The Age Discrimination In Employment Act protects people who have been laid off or fired because of age discrimination. Some companies consider older employees less valuable than younger employees. As baby boomers approach their 60s, many will be opting to continue employment or find employment with another company. Age discrimination issues will become more prevalent in the coming years.

Nine Signs of Age Discrimination:

  1. Biased comments
  2. Comparisons
  3. Disparate discipline
  4. Promotions
  5. Favoritism
  6. Hiring younger employees
  7. Suddenly stupid
  8. Harassment
  9. But the boss is older” [5]

Help with Medicare and Medicaid

Qualified legal help is available from elder law attorneys to help individuals in applying for and accelerating payments for Medicaid. An elder law attorney can also help with disputes with Medicaid. Likewise attorneys who specialize in Medicare can help with disability claims and sometimes this help is the only way claims are ever granted. The local area agency on aging has an advisory service for help with understanding Medicare, Medicare supplements, Medicare advantage and Medicare part D.

“People with Medicare, family members, and caregivers should visit http://www.Medicare.gov, the official U.S. Government site for people with Medicare, for the latest information on Medicare enrollment, benefits, and other helpful tools.”[6]

If you feel that you or someone you know could benefit from having Elder Law services, one place you could look to find elder law attorneys is on the National Care Planning Council’s Website at longtermcarelink.net.


Sources:

[1]: http://www.naela.org

[2]: http://www.silverbook.org

[3], [4]: http://www.agingcare.com

[5]: http://jobs.aol.com

[6]: http://www.cms.gov

Join our Council

Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

Senior Services

Long Term CareThe NCPC is dedicated to helping families deal with issues and challenges seniors face. We offer free help locating eldercare and senior services in your area. Some of these services include Care Management, Elder Law, Estate Planning, Funeral Planning, Home Care, Medicaid Planning, Placement, Reverse Mortgage, and Veterans Benefits.

BOOK: “How to Protect Your Family’s Assets from Devastating Nursing Home Costs: Medicaid Secrets

How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid SecretsThis book, written by attorney Gabriel Heiser in 2014, is a financial and legal guide to the ins and outs of the only government program that will pay for the long term nursing home care of your family member: MEDICAID.

National Care Planning Council

VA Wants a 3 Year Look Back and Penalty for Veterans Pension

NCPC

Salute to the Past

VA Is Looking for Authority from Congress to Institute a 3 Year Look Back and Penalty for Veterans Pension

April 17, 2015 | by Thomas Day | Photo – Senior Master Sgt. Sandi Michon

A note from the author:

We provide an addendum discussing in detail the proposed rule changes from VA. This is available to those who have purchased either of our veterans books (How to Apply for VA Benefits for Senior Veterans and Their Survivors and the Aid & Attendance Handbook for Professionals) in the past or it is currently available as an addition to our current veterans books that we offer. The addendum goes into much greater detail on the following subjects:

1. An analysis and comparison of VA’s look back and penalty with Senator Wyden’s proposed legislation along with recommended revisions that would make the rules more palatable

2. A summary of each of the proposed rule changes to include the actual rule as well as a discussion of the more pertinent comments that have been submitted pertaining to that rule

3. A summary of the more substantial comments submitted to VA over the proposed rules changes

4. An outline of the future steps VA must complete and the time it might take before publishing the final rules in the Federal Register after which the effective date would likely be 60 days thereafter.

The Department of Veterans Affairs, Office of Pension and Fiduciary Service is currently in the process of changing regulations to punish applicants for veterans Pension – a veterans disability income benefit.  Any potential applicant who would move or change the nature of his or her assets up to 3 years (36 months) prior to applying for the benefit would be prohibited from receiving the benefit for up to as long as 10 years.  VA calls this 36 month period of scrutiny a “look back.”

Under the proposed rules, using assets for such things as paying off student loans for grandchildren, paying for grandchildren schooling, gifting money to charities or to religious organizations, gifting money to members of the family, providing personal loans to members of the family, instituting estate planning through the use of trusts, converting an IRA or other retirement account to an immediate annuity or selling off property under an installment contract would likely result in a denial of benefits to any veteran or surviving spouse applying for veterans Pension benefits if the event or events occurred anytime within 36 months of application.

Regardless of the actual intent for using the asset, anyone engaging in a so-called “transfer of a covered asset” is automatically considered to have “cheated” the system by transferring assets in order to qualify financially for the Pension benefit.  Transfer of a covered asset could be any number of legitimate uses of an asset even if at the time the person engaging in this activity had absolutely no knowledge of or interest in applying for the Pension benefit.  As a result, the Pension benefit will be denied for a certain period of time based on a calculation of the amount of covered asset transferred divided by the maximum monthly Pension rate for that particular applicant – as many as 10 years of penalty!!  The only exception is if the transaction is 100% restored to its previous state or the VA Pension benefit applicant can provide clear and convincing evidence that “he or she transferred the asset as the result of fraud, misrepresentation, or unfair business practice related to the sale or marketing of financial products or services for purposes of establishing entitlement to VA Pension.”

The proposed look back and penalty from VA and very similar legislation sponsored by Senator Ron Wyden have little to do with protecting the integrity of the pension benefit and everything to do with trying to get rid of certain individuals who are assisting pension claimants and whom Senator Wyden calls “pension poachers.” It seems the entire focus of this look back and penalty is to chase away pension poachers by removing the financial incentive for their helping with veterans claims.

It is unfortunate that VA and Senator Wyden have determined to punish veterans and their survivors in order to achieve their objective of removing the pension poachers. It is a mean-spirited approach. They could have picked a less malignant strategy than punishing veterans and at the same time increasing approval times and costing the VA considerably more money. Here is a quote from Senator Wyden concerning the proposed regulations.

“First, let me say how pleased I am to see the VA draft regulations that build on the Senate Committee on Aging hearing I chaired on the needs-based pension program, also known as “Aid and Attendance.” Since the issue first came to my attention several years ago, I have been deeply troubled by the growing industry of organizations in America that profit by preying on elderly veterans’ and their lifetime savings. As you know so well, these “pension poachers” convince unsuspecting veterans to hide their assets in trusts and annuity products in order to receive benefits for which they would not otherwise be eligible. In essence, the poachers charge veterans exorbitant fees for financial products they don’t need in order to receive benefits they don’t qualify for.”

Many stakeholders, who assist veterans in applying for these benefits, contend that VA does not have congressional authority to establish this 36 month look back and the penalty associated with it.  Just recently, The National Academy of Elder Law Attorneys announced that members of its group were mounting a lawsuit as a result of these proposed changes.

As early as May 2012, VA was counseled by a report from the Government Accountability Office – an investigative arm of Congress – that Pension and Fiduciary Service should not attempt its current rules changes regarding look back and penalty without authority from Congress through proper legislation.  VA ignored this advice and pressed forward anyway.

I believe that the office of Pension and Fiduciary Service under the leadership of David McClenachen is not acting irresponsibly in regards to this rule change for for a 3 year look back and penalty.  I believe it is part of a plan dating back to May 2012 when David McClenachen knew he was going to be appointed as the director of the newly established Office of Pension and Fiduciary Service.  In a phone conversation I had with him in June 2012 – before he was appointed as director of the new agency and while he was still in the Office of General Counsel – he told me of his intent to establish a look back and penalty associated with Pension applications.  This was one of his priorities.  Among other things, he has been working on these rules changes since March 2012.

McClenachen is pressing forward, knowing full well he could be challenged in court, because he is anticipating congressional legislation and approval through a personal crusade for this rule change from Senator Ron Wyden of Oregon.  And it appears that Senator Wyden is willing to accommodate this shared objective with VA.  Even though he has failed to pass the same 36 month look back and penalty legislation 7 times over the last three years, the good Senator is not willing to give up.  He will continue to insert his legislation into larger, more comprehensive veterans bills that have a good chance of passing but where legislators likely don’t have a clue as to what they are voting for.

The question we need to ask is whether other members Congress support Senator Wyden’s and David McClenachen’s personal crusade to punish veteran or surviving spouse applicants who wish to apply for Pension.  In addition, we need to question whether such legislation would scare off a large number of future potential applicants for this benefit even though they might qualify under the new rules.  If the rest of Congress knowingly supports the concept of this proposed legislation, then the language needs to be changed as in its current form the provisions are discriminatory and unnecessarily harsh.

It is clear that McClenachen is anticipating passage of legislation.  The provisions that he has adopted in VA’s proposed rules changes are a mirror image of Senator Wyden’s bill.  Even though Senator Wyden’s provisions contain flaws, it is obvious that McClenachen is anticipating passage or VA would have likely not adopted rules that contain these flaws.  Knowing the backlash that the current proposal would produce, VA likely would propose rules that were less discriminatory and less harsh.

It is also clear to me that Wyden has not given up.  On March 23, 2015, the Senator submitted a comment on the proposed rules changes asking VA for an additional 60 days extension for the public to submit comments.  He provided no reasonable basis for this request other than he thought the public should have more time.  He surely knows that up to this point, at least 95% of the 867 posted comments have been opposed in some way to the proposed rule changes and thus to the spirit of his legislation.  I believe his request is an effort to buy more time to reintroduce his legislation and to get it passed before VA reaches the end of its rules change procedures and formalizes the new rules.

Here is a synopsis of legislative attempts by Congress to enact a 3 year look back and penalty for transferring or altering assets pertaining to Pension applications.  All of these 7 attempts contain the same provision language.

1 . On June 6, 2012, Senator Ron Wyden introduced  S. 3270 – “A Bill to Amend Title 38 United States Code… This bill and all of the 6 subsequent attempts at legislation contained basically the same language.  An almost identical bill – H.R. 6171 – was introduced by Representative Thomas Rooney on July 24, 2012.  Both bills died in committee.

The proposed legislation in these two bills was a direct result of the GAO report entitled “VETERANS’ PENSION BENEFITS – Improvements Needed to Ensure Only Qualified Veterans and Survivors Receive Benefits,” which recommended a look back and a penalty associated with applications for Pension benefit.  This GAO report was released on May 15, 2012.  Senator Wyden was likely waiting for this report before introducing his legislation a few weeks later.  Senator Wyden was one of 4 senators who originally commissioned the GAO investigation in the previous year.  The senators ordering the audit include the Chairman of the Senate Veterans Affairs committee Patty Murray and the ranking member of the committee Richard Burr.  In addition Herb Kohl, Chairman of the Senate Special Committee on Aging, and also Senator Ron Wyden

2 . On April 17, 2013, Senator Wyden reintroduced a version of his previous bill –S. 748 – which included the same language in his original version and laid out rules that are almost a mirror image to the proposed changes that are being recommended by VA in the Federal Register rules changes announcement.  An almost identical version of this Senate Bill – H.R. 2341 – was introduced into the house by Rep. Thomas Rooney on June 12, 2013.  Both bills died in committee.

3. On May 14, 2013 Senator Bernie Sanders introduced  S. 944 “Veterans Health and Benefits Improvement Act of 2013.”  This was a very comprehensive bill covering a variety of veterans issues.  Section 801 of this bill addressed the issue of a look back and a penalty for Pension applications.  The language in this section was a restatement of the language in Senator Wyden’s S. 3270 and S. 748.  This bill died in committee.

4. On May 23, 2013 Representative Jeff Miller introduced H.R. 2189 “A Bill to Improve the Processing of Disability Claims by the Departments of Veterans Affairs and Other Purposes.”  Like Senator Sander’s bill in the Senate, this was large comprehensive legislation addressing many veterans issues.  Section 202 of this bill contained provisions almost identical to those proposed by Senator Wyden in S.748 which represented the expanded rules proposed for a 36 month look back, transfers for less than value, rules pertaining to these transfers, calculation of penalties and a whole bunch of other issues related to these changes.  Representative Miller’s bill passed the house on October 28, 2013 but failed to come up for a vote in the Senate and died.

5. 5. On February 4, 2014 Senator Bernie Sanders introduced S. 1982 entitled” Comprehensive Veterans Health and Benefits and Military Retirement Pay Restoration Act of 2014.” This was a very comprehensive legislation covering a variety of veterans issues and went on for 100 pages or more. Section 902 of this bill contained provisions almost identical to the provisions of S. 748. This bill was voted on favorably in the Senate 56-41 on February 27, 2014. However the Republican minority wanted to insert an amendment into the bill to provide sanctions against Iran and the Democratic majority rejected it. Facing a filibuster vote of 60 required votes, the bill died.

I don’t have the space in this article, but I have done an analysis of Senator Wyden’s proposed legislation comparing it to VA’s proposed rule change.  I point out the flaws in the legislation and that they have been adopted in the proposed rule change from VA.  I also suggest how the legislation could be improved if Congress is intent on passing such legislation.

If you are concerned about the language in Senator Wyden’s proposal or that it will injure more veteran applicants than intended, you need to let your own state legislative delegation know what is happening.  The best way is to identify when Senator Wyden has actually introduced his provisions and then contact individuals to be aware of what is happening.  You can check all bills before Congress on any given day and zero in on those that are directed towards veterans.  The organization is called openCongress.org and the domain is https://www.opencongress.org/bill/pending.


A complete analysis of the proposed legislation and its impact as well as a complete analysis of VA’s proposed rule changes – including a look back and penalty – are presented in great detail as addendums to both of our books (How to Apply for VA Benefits for Senior Veterans and Their Survivors and the Aid & Attendance Handbook for Professionals). I have also read most of of the more profound comments that were submitted in response to VA’s proposed rule changes published in January 2015 in the Federal Register. I provide an analysis of those comments in our published addendum as well. I urge you to purchase our upgraded books and will continue to provide you with ongoing coverage of the proposed rules changes in proposed legislation as well as my estimate time needed for the various steps that VA must complete before it can publish final rule changes in the Federal Register and establish an effective date of 60 days thereafter.

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Join the NCPCSeniors and caregivers search online everyday for eldercare services and frequently find longtermcarelink.net. Each month, we provide online resources to over 40,000 unique visitors. Our site also offers a place for professionals to offer assistance to the public.

BOOK: “How to Apply for VA Benefits for Senior Veterans and Their Survivors

How to Apply for Department of Veterans Affairs Benefits for Senior Veterans and Their SurvivorsThis 2015 edition is a tremendous resource for veterans, their families, and those who assist veterans. There is no other book available that incorporates VA’s newest claims procedures with detailed instructions on submitting applications for 25 different types of disability claims including Pension, Aid & Attendance, DIC, Compensation, Burial Benefits, and more.

BOOK: “Aid & Attendance Handbook for Professionals

Aid & Attendance Handbook for ProfessionalsThis new and completely revised 2015 Edition is the ultimate resource for any professional who wants to educate and help veterans and their survivors with benefits that involve aid and attendance including pension, death pension, DIC, and compensation. This is a must-have book for anyone working in this area of benefits planning. This new book includes a Claims Support Data Disk.

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