• November 11, 2010 2:00 pm - 3:00 pm at our Austin office.  You are welcome to stay for the Medicaid workshop starting at 3:15
  
• November 16, 2010 2:00 pm - 3:00 pm at our Georgetown office.  You are welcome to stay for our Medicaid workshop starting at 3:15
  

• November 11, 2010 3:15 pm - 4:15 pm at our Austin Office - you are welcome to attend our Estate Planning workshop which begins at 2:00 pm
• November 16, 3:15 pm - 4:15 pm at our Georgetown Office - you are welcome to attend our Estate Planning workshop which begins at 2:00 pm

Elder abuse is a serious and widespread problem.  The National Center on Elder Abuse (NCEA) estimates that one to two million elders are exploited or mistreated by someone they depend on for care.  As an example in 2005, people 65 and older lost $1.3 billion in personal property crimes.   Elder justice is about elder abuse prevention whether it occurs in the home or in a facility.

What is the Elder Justice Act?  It became law on March 23, 2010, as part of the national Health Care Reform Bill.   The most important parts provide for funding for Adult Protection Services for states and establishes an Elder Justice Coordinating Counsel to start the process to coordinate the activities of federal, state, local and private agencies and entities relating to elder abuse, neglect and exploitation. 

What are the types of elder abuse?

· Physical abuse - use of force to threaten or physically injure

a vulnerable elder.

· Emotional abuse - verbal attacks, threats, rejection, isolation, or belittling acts that cause or could cause mental anguish, pain or distress to a senior.

· Sexual abuse.

· Exploitation - theft, fraud, misuse or neglect of authority, and use of undue influence as a lever to gain control over an older person's money or property.

· Neglect - a caregiver's failure or refusal to provide for a vulnerable elder's safety, physical or emotional needs.

· Abandonment - desertion of a frail or vulnerable elder by anyone with a duty of care.

· Self-neglect - an elder becomes unable to understand the consequences of one's own actions or inactions, which leads to or may lead to harm or endangerment.

As people age often there is a conflict between the rights of the elderly senior to make independent decisions and the need to protect that senior from making or failing to make decisions that put them in danger.

This is a difficult balancing act between permitting the senior to have full control of their life and protecting them when necessary.  Just being aware of the problem is a start to help eliminate elder abuse.

So the good news is the Elder Justice Act is now law, and has started the process to protect the elderly from abuse.  The bad news is Congress failed to provide funding to implement the act.  What can you do?  Contact Senators Cornyn and Hutchison, or your local U.S. House Representative, and ask that they support the funding for the Elder Justice Act.

I heard a story recently that contains a good lesson for anyone who has prepared an estate plan, as many of you have.  It involves a man I'll refer to as Frank Neighbors, and his sons, who were left scratching their heads after Frank passed away.

Frank Neighbors left behind six children: three from his first marriage and three from his second.  He did not leave a will.  After his passing, his first three sons discovered that Frank had named his last three children as the beneficiaries of each of his retirement plans and life insurance policies.  With no will, the only definitive statement of their late father's intent said that they wouldn't receive anything.

How you decide who gets what can mean more than just dollars and cents.  Naming only your youngest three children as beneficiaries could reflect confidence in the financial well-being of your oldest three children.  Or it could be a sign of your favor for the youngest three.  But Frank didn't say anything about his plans to any of his children while he was alive, and his oldest three sons didn't know what to make of their apparent disinheritance.  Even worse, they were considering a claim against the estate.  Because they couldn't imagine that Frank would willingly disinherit them, they suspected fraud or undue influence.  At best, then, Frank left his kids emotionally confused and hurt; at worst, he may have caused a costly legal dispute.

A lesson here is that transparency--open communication with your loved ones about your last wishes--can be extremely important.  Sometimes, the conversation will be pleasant: you will get to tell your loved one how important they are to you, and how you intend to benefit them through your estate.  Other times, it may not be so pleasant; however, the unpleasant conversations are the most important.  Maybe you're disinheriting a daughter because she is successful and doesn't need to inherit your wealth.  Don't let her wonder if you disfavored her.  If you're disinheriting someone because they've hurt you, they're irresponsible, or for another reason, a discussion with them is a chance for closure.  Better for a loved one to resolve any guilt, anger, or sadness with you while you're alive than to carry it with him, unresolved, after you're gone.

You may want to talk to your family and loved ones about how you're planning your estate.  Don't let your estate be a surprise--or worse, a question mark.  It may take some guts, but it can save the ones you care about a lot of headache and heartache.