Elder Law Update
Merry Christmas!
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Vol 4 Issue Four
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December 2009
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PLEASE VISIT MASON LAW
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I WANT TO KNOW
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| If you have an idea or comment that will help me make this a better newsletter please send it to me. Just click! |
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Mervin the Medicaid Elf
and the rest of the staff
at
Mason Law
wish you a very Merry Christmas!
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SPECIAL NEEDS ALLIANCE
Go Have A Look!
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Greetings!
Merry Christmas! In case you haven't finished your shopping, we'll dish up a couple of gift ideas right here. Read on.
Get A Kindle For Mom!
One of my sisters bought my mother (her  92nd birthday) a Kindle. An avid reader her entire life, macular degeneration has made reading difficult and tiring. Thus the Kindle.
I had never fooled around with one, but being the good boy I am I dropped by the house to help her get it set up. Easy!
What is more, I was extremely impressed by the wireless downloads via Amazon. Set up an account and most tree-killing best sellers on the shelves for $25 or $30 are available for almost instant electronic download at $10 a pop.
Best yet, Mom can adjust the font from tiny to very large . . . which makes reading a snap.
At any given time she can have all sorts of books loaded on there. Reading is easy and the navigation panels are "no brainer".
About $250 for the unit. $9 or so for each book. Runs on wireless/cell technology and can be used almost anywhere except the shower.
Inspiring Read: Mastering Brain Injury
My cousin Jill Mason has been through an incredible ordeal. She could have wallowed in self-pity but instead chose to write a book that describes a story of conquest and the human spirit. A must read for any family grappling with spinal injury and brain trauma, anyone will be inspired. Read the column below for more details.
Happy News
The North Carolina State Bar Board of Legal Specialization, after approval from the North Carolina Supreme Court, has begun certifying attorneys in the specialization of Elder Law.
I am happy to report that I am one of the first crop of ten elder law attorneys in the state to be certified. You may click HERE to see the full list.
And More Happy News
I was extremely pleased last month to learn that I have been accepted as a member of the Special Needs Alliance. A copy of the press release appears below at the end of this edition. I am gratified that a select group of my colleagues have invested that sort of confidence in my ability to contribute to their fine endeavors and to assist special needs clients in North Carolina and Georgia.
Email me if you have any questions.
And, of course, have a very Merry Christmas!
Bob Mason
Certified Elder Law Attorney
Certified by the
National Elder Law Foundation, recognized by the American Bar Association as
the certifying entity for specialization in Elder Law.
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BUY MY COUSIN'S BOOK
It'll Inspire You
Bob Mason
I
am proud of a number of my heroic relatives. While much of the heroics
were demonstrated in uniform, I don't think any can top my cousin Jill Mason.
This is a story that should inspire anyone coping with severe spinal cord injury, traumatic brain injury. Jill has written a book ( Couldn't Happen To Me), and I hope you'll take a look. As one synopsis put it:
Couldn't Happen to Me
offers hope to families facing the unthinkable: a vibrant 26-year-old mowed
down by a hopeless drunk and left for dead. Author Jill Mason has battled back
from expectations that she would not recover beyond a vegetative state to fully
independent living even as she continues to struggle with traumatic brain
injury and life in a wheelchair. Her story begins in 2004 when she is left in a
crumpled heap on the side of a Santa
Rosa highway, her boyfriend killed outright. Drawing
on family journals and her own hazy memories, she details the challenges of the
first few months while she was hospitalized and then the painfully long
recovery in her childhood home. Against all odds, she successfully pushes to
regain her independence. Fearlessly honest, Jill generously shares her
frustrations as well as practical advice on types of chairs, buying a car, and
dating. Most of all, she offers her indomitable spirit as an inspiration to her
readers. You can order from Amazon by clicking HERE. And guess what . . . it is available on KINDLE!
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One Of The Best Planning Ideas For A Couple
Bob Mason
Most
couples are keenly interested in protecting most, if not all, of their assets
after the death of the first spouse. When I explain that it can be done, I
usually have their attention. Call it the "Protect Everything For The Surviving
Spouse" tool.
Although
the planning technique doesn't do too much while both spouses are alive, it is
a wonderful approach if it is in place before one spouse dies. That usually is
not an insurmountable problem for two reasons.
First,
most married couples are concerned that assets be conserved for the survivor .
. . who may live many years and who  may end up in a nursing home. Second, many
other planning opportunities work well with the "Protect Everything For The Survivor"
strategy and can be used if one spouse does need to go into a nursing home
while his or her mate is alive.
Personally,
my favorite feature is the relief (sometimes near elation) that many of my clients show when they begin to understand how this approach works and that a
wife or husband "will be taken care of" after the death of the first spouse.
The
downside is that this opportunity can be somewhat complex and can take a bit of
mental gymnastics to fully understand. But I have had very few clients who
simply could not figure out what I was trying to explain. Often it can be
helpful working with other family members (perhaps an adult child) if the
client approves.
I started
to write a detailed article about how this technique works until I realized I
often spend an hour or so covering the same ground in a personal client
meeting. Then I remembered: This is a newsletter, not a textbook. Don't bore
your readers, Bob.
Just keep
this in mind: A couple interested in protecting most (maybe even all) of their
assets after the death of one of the spouses can do so. Just ask me!
You may email comments to Bob by clicking HERE.
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A Great Gift Idea . . . If You Have A Loved One With Alzheimers
Kristin Cerbone
A couple
of months ago I wrote about the prevalent problem of people with dementia
wandering. There are programs such as
Safe Return whereby a person with dementia wears a bracelet or other jewelry
engraved with the Safe Return toll-free number. Another program, Project
Lifesaver, provides a personalized bracelet that emits a tracking signal. If the person has wandered, searchers use a
mobile locator tracking system. Both
Safe Return and Project Lifesaver are good programs and have helped families
find many loved ones who had wandered.
But on
October 23, 2009, the Alzheimer's Association introduced an even more effective
program, Comfort Zone. Comfort Zone
uses the internet and a tracking device to locate the person with
Alzheimer's. It allows the family to
track the person with Alzheimer's online and allows the person with Alzheimer's
to live as independently as possible. A
family member can locate the person with Alzheimer's using an internet program
and will receive an alert if their loved one leaves the "comfort zone."
 Comfort Zone is a Web application that includes a location-based
mapping service. If
you've ever used a GPS device in your car, you've used LBS. A family member or caregiver sets up an area
or zone in which the person with Alzheimer's can move freely. The minimum set up area is 600 feet; there is
no maximum area.
A person with
Alzheimer's wears or carries a locator or tracking device. If the person with Alzheimer's is still
driving, a tracking device can be installed in the car. As the person travels around, the locator
receives signals from satellites or cell towers which can then identify the
person's location. Family members can
use the internet to see where their loved one is or call a monitoring
center. If their loved one goes outside
the "comfort zone", the family member receives an alert.
The system gives independence to the person with
Alzheimer's and allows them to maintain familiar routines. It also gives the family peace of mind knowing
they can always locate their loved one.
Long distance family members can also access the system. Additionally, as the disease progresses, the
comfort range can be decreased.
Units run about $200, usually with a $45 "set-up" fee and a modest monthly monitor fee. To find out more about the program you can click HERE or contact
your local Alzheimer's Association office.
Kristin Ruzicka Cerbone is a principal in MasonCerbone, Savannah. You may email comments to Kristin by clicking HERE.
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H1N1 Vaccine Update
Beth Hodges, MD
This year's H1N1 outbreak
has generated a great deal of concern in the general population. Many people ask me on a daily basis if the
vaccine is safe and who should get it.
Yes, the vaccine is safe.
H1N1 is a type of Influenza A (the most serious  subtype of influenza)
and the vaccine is made the same way the seasonal flu vaccine is made. It has, in fact, been tested more stringently
than the annual seasonal flu vaccine, though not in those over age 64 (we'll
get to the importance of that later.)
Like the seasonal flu vaccine, the H1N1 vaccine comes in two
forms: an inactivated injectable vaccine
and a weakened live virus vaccine nasal spray.
The nasal spray can be given from the ages of 3 to 49,
though not to pregnant women or people with immune system problems, such as
those on chemotherapy. Also, those who
are around babies under the age of 6 months or those who live with or care for
people with immune system problems should probably not receive that form of the
vaccine, since they will be shedding live virus for 1-2 weeks.
The injectable form of the vaccine can be given to those
between the ages of 6 months and 64 years. Immunity takes slightly longer, up
to 2 weeks before the recipient is "resistant" to the virus, whereas the live
virus is thought to build immunity within 1 week (but no shedding occurs with
the injectable form.)
Vaccine manufacturers have found it easier to quickly
manufacture the live virus version, so the first doses available were in that
form.
The seasonal flu vaccine seems to be conferring a modest
amount of immunity to the H1N1 virus, but do not think that one flu vaccine
this year is adequate. Both are
important for those who are eligible.
Initial epidemiologic studies of the virus showed that many
of those over 55 years of age seemed less vulnerable to the virus, thought to
be due largely to the swine flu outbreak during the 1970's.
As a physician, knowing many of my patients in that age
group have other health issues, I maintained a skepticism that that would hold
true, and although there has been some veracity to it, I can tell you that I
have had several critically ill elderly patients with complications to the H1N1
disease. To those with lung or heart or
bone marrow problems, even the common cold can be dangerous, so why should H1N1
be any different?
Nevertheless, due to a lack of studies
in those over age 64 and a shortage of the vaccine in general, we as physicians
have been restricted in providing our elderly patients with the H1N1
vaccine. It is thought that as time goes
on and more vaccine becomes available, the restrictions will ease, but for
right now, since the government is providing the vaccine free of charge, they
get to make the rules.
Beth Hodges, MD is a principal in Hodges Family Practice with offices located in Asheboro and Ramseur, North Carolina.
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Mason Newest Special Needs Alliance Member
Asheboro, NC - Asheboro-based attorney Robert A.
Mason of the law
firm of Mason Law, PC has been selected as the newest member of the Special
Needs Alliance.
Established in 2002, the Special Needs Alliance (SNA) is a
national, non-profit collective of many of America's leading disability and
public benefits attorneys. Currently in
48 states, SNA members work to secure Medicaid and other public benefits for
individuals with special needs. The SNA's mission is to help enhance the
quality of life for people with disabilities by coordinating private resources
with public benefit programs through special needs planning and trusts.
Membership to SNA is selective and competitive, and is extended
by invitation only. Attorneys must meet
specific criteria to ensure that SNA clients are served with the utmost
professionalism and compassion. Criteria include a minimum number of years of
practice in the special needs area and proven involvement with disability
advocacy organizations. Many SNA
attorneys have personal experience with individuals with special needs-either
as a sibling or parent.
Mason, one of the first
attorneys in North Carolina to be designated a Board Certified Specialist in
Elder Law by the NC State Bar Board of Legal Specialization, is also a
Certified Elder Law Attorney by the National Elder Law Foundation, past
Chairman of the Elder Law Section of the North Carolina Bar Association,
Chairman of Hospice of Randolph County, North Carolina, and a frequent speaker
on elder and disabilities law issues. Mason especially focuses his practice on
advanced asset protection techniques, trust law issues, and special needs
trusts.
Mason has a Bachelor of
Science in Communications from Northwestern
University, Evanston,
Illinois, and a Juris Doctor cum laude from
Mercer University's Walter F. George School of
Law, Macon.
Mason joins a select group of attorneys who comprise the
SNA-these members serve on the boards of national, state and local
organizations serving the disability community. They are current, former or
incoming executive members of prominent legal and advocacy organizations such
as the National Academy of Elder Law Attorneys, the American Bar Association,
the American College of Trusts and Estates Counsel and the bar associations of
their respective states.
For more information,
visit: www.specialneedsalliance.com.
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What Can Mason Law Do For You?
You've
worked hard all your life for what you have.
You're concerned about being left destitute by long term care
costs. You'd like to leave something of
your hard work to your children. You're
tired of worrying about it all.
Maybe
we've just described a parent. If so, you're concerned about your mother's or
father's health care needs, you are busy and don't know where to start, your
prime concern is making sure your parent's assets are used in the best way
possible for their care.
We can
help you. Using state of the art mastery
of complex trust, tax, testamentary, Medicaid, and VA law we can save you
thousands, give you a sense of security and ease your troubled mind. |
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The Usual Disclaimer: This newsletter is for general information only. Please do not rely on anything you read in this email as definitive legal advice applicable to you. All situations are different, including yours. Nothing you read in this newsletter is a suitable substitute for professional advice you may receive from your attorney, your accountant, or your tax advisor.
All contents copyrighted 2009 by Mason Law. Contents may be republished with written permission of Mason Law (which permission will usually be given!). |
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