The New York Times published an article earlier this month featuring an artist who acted as the primary caregiver for her developmentally disabled sister.  After their mother quickly and unexpectedly passed due to pancreatic cancer, Beverly McIver began to look after and live with her older sister. This story is captured in the documentary, Raising Renee, which delves into the ups and downs of a sibling caregiver arrangement. A 10-minute segment on the radio program "The Take Away," featured on WGBH, speaks with Beverly McIver and the filmmakers to provide an empathetic view of a caregiver situation, and the impact it has on the lives involved. Even though the basis of such an arrangement is an extraordinary amount of love, it is not to say that living with it is easy.  

If you are planning for a child with special needs, it is important to consider what will happen when you pass.  Who will take care of your child? How can you provide for your child's wellbeing? Where will they be able to stay? What happens if your appointed caregiver or Trustee can't handle the situation? What would you do if a loved one asked such a great responsibility of you?

You shouldn't feel trapped by these questions. Use your uncertainties to guide an open discussion with whomever you are thinking of naming to provide care for your child. A Special Needs Planning attorney can help guide your discussions with your loved ones, and provide support during the difficult decisions and conversations.  Oftentimes, attorneys act as co-trustees for Supplemental Needs Trusts, working closely with a family member to ensure that the emotional and logistical support is in place for the individual throughout their lifetime. Creating a partnership for the sole-benefit of your loved one is an excellent way to give yourself peace of mind, and one that can begin with a simple conversation with a Special Needs attorney. If you think that you or a loved one may benefit from Special Needs Planning, take the first step towards a better life; contact an attorney who is dedicated to finding the best possible solutions for you.

1-20-12- Featured Local Artist- Hilary Emerson Lay

Though we will miss Eric’s beautiful photographs, we are excited to bring change into our office for the new year. 

Our next guest artist, Hilary Emerson Lay, uses a variety of materials and colors in her work.  Though we only have her 2- Dimensional art on display, Hilary also likes to create Sock Critters, and has recently started a project to track one’s adventures. Her work radiates the warmth of her personality, and cheers up our office the middle of winter; we hope you will enjoy her art as much as we do!

For more photographs of her work, visit our Facebook page, or come by our office to check out her work.

“Artist bio & statement:

Hilary was raised in Brewster, Massachusetts, on Cape Cod, in a highly creative and extremely eccentric family who encouraged all of her odd little artistic pursuits and personality quirks.  She grew up in a big, old house, surrounded by stacks of books and a menagerie of animals.

From a very early age, Hilary has held a deep love of and appreciation for books, especially picture books, and her love of words and stories has grown over the course of her life. She thinks printed words on a page are among the world’s most beautiful things.

Hilary weaves her love of animals, words, and color into her art. She works primarily in acrylic, gouache, pen, pencil, pastel, pages from dictionaries, and line drawings from old books and encyclopedias. In addition to her painting and collaging, she creates little stuffed creatures out of socks. Her artwork is an extension of her personality: bright, energetic, imaginative, playful, and fun.

All of these paintings have been covered in a layer of archival varnish with UVLS, to provide dust and dirt resistance and help prevent sun damage.  They are all signed and dated on the back.

To see more of Hilary’s work, to find out about other upcoming shows, and to find a link to her Etsy shop, please visit www.hilaryemersonlay.com.  Hilary welcomes correspondence and frequently takes commission requests.  She can be reached at hilary@hilaryemersonlay.com .”

Though it can be emotionally difficult, it is important to assess whether your aging parent has reached a point where they are not safe to be home alone.  A Geriatric Care Manager can make this process easier for you, and may provide a variety of solutions to keep your loved one independent as long as possible. If you feel your loved one is no longer safe alone, take action immediately, and call an Elder Law Attorney and/or certified Geriatric Care Manager.  Use these professionals as a network of experts in order to obtain the best care possible for your loved one.

Some questions to guide your discussion:

Quiz- Can My Loved One Stay at Home Alone?

True or False

• My loved one is able to safely prepare nutritious meals.
• My loved one eats and drinks well without supervision.
• My loved one is steady on his or her feet.
• My loved one is able to get in and out of the shower or tub safely.
• My loved one keeps himself or herself clean.
• My loved one can get dressed without assistance.
• My loved one can get to the bathroom as necessary.
• My loved one has interests and friends to keep life interesting.
• My loved one is cautious with the stove, candles, irons, and other sources of heat.
• My loved one is not likely to fall asleep while smoking.
• My loved one does not have to navigate stairs, or if he or she does, it can be done safely.
• My loved one can call someone if the need arises who can be there within a short time.
• My loved one has access to transportation to the grocery store, pharmacy, doctor and dentist appointments, and social occasions.
• I feel at ease during the day and sleep well at night knowing that my loved one is home alone.

As you answer each question, consider their impact on the overall health and wellbeing of your loved one. The more questions answered "False" indicates a higher probability that your loved one needs extra care and supervision. For some, an Adult Day Care Program will be sufficient, but others may need professional care provided by an Assisted Living Facility or Nursing Home.  If you have concerns, reach out to an Elder Care professional. You do not need to go through this alone!

Content gathered from <http://public.findlaw.com/elder/le25_8quiz.html>

The MUPC improves the process for administering probate. Probate is the process of gathering a deceased person's assets, paying all their debts and taxes, and distributing remaining property pursuant to the instructions left in the decedent's will. The changes would allow for a streamlined probate administration process, saving lawyer's time and ultimately saving money for the family of the decedent. Additionally, citizens will be able to choose how much judicial oversight they want during probate administration; simple, uncontested estates will be able to complete the process fairly quickly, and even as estates become more complicated, the families can choose the level of control they want to give to the courts.

If you or someone you know is the executor of an estate, or is a named "personal representative" in a will, it is best to seek the assistance of an attorney during this transition period-- even the courts need more time to prepare for the switch to the new MUPC.

For more information, the two following Massachusetts Lawyers Journal articles provide a general overview of the changes. Please be advised, they are, unfortunately, written by lawyers, for lawyers.

http://massbar.org/publications/lawyers-journal/2011/november/overview-of-the-massachusetts-uniform-probate-code,-part-1

http://massbar.org/publications/lawyers-journal/2011/december/overview-of-the-massachusetts-uniform-probate-code,-part-2-(1)

Because people may not always be comfortable with the subjects being discussed in our office, we like to create a welcoming and comforting environment, in whatever way we can.  We sometimes will have freshly baked treats, we always have a variety of teas and coffees, and we encourage local artists to show their work. 

Currently, we are featuring local photographer Eric from EricG Photography. Though he has become only recently interested in photography, his work reveals a passion for the art form and an undeniably artistic eye. Eric's preferred subject matter has evolved since beginning to experiment with photography; currently, he prefers people, and capturing their lives.

This idea is explored in greater depth with the development of his "Stranger Project," where his subjects are the people he meets while walking around cities and towns.  Eric describes the process: "[I] just randomly stop and chat with people who are out and about. I get their 'story' and take their photograph. I then add their photograph to my 'Stranger Gallery' on my website. Sometimes that conversations last for upwards of 45 minutes, sometimes its a 30 second blurb about where they live, what they do and then they are on their way. Having been doing this project for about 4 months now, I have met over 150 amazing people…[and] only had six people decline to participate."

Part of Eric's "Stranger Gallery" will be on display in our office through January 17th.  We would love for you to drop in and enjoy the art!

For more information on the artist, and to view his portfolio, please visit ERiGPhotography.com or Facebook.com/ERiGPhotography.

To stay on top of the Law Office of Julie Low's Featured Local Artist, make sure to "Like" us on Facebook and keep visiting our blog!

Happy Thanksgiving!

With Love and a sincere "Thank You,"

Jerrica and Julie

The Law Office of Julie Low

This difficulty was discussed during a recent series on End of Life issues, on NPR series Tell Me More. Karyne Jones from the National Caucus and Center on Black Aged summarized this difficult but essential preparation saying, "… I think it's something that people just need to be aware of and start really deciding-- at the end of my life, whenever that may be, because you don't know when it is-- this is what I want to happen." Though starting these conversations with your loved ones will be difficult, it is absolutely necessary to speak with your family about your wishes. 

This radio series delved into topics deeply intertwined with Estate Planning and Elder Law. These shows spoke with individuals who were at the heart of difficult matters, like the price of long-term care and the difficulties of looking after an dying parent. Though our clients may not find themselves in these situations currently, we do feel that these stories will resonate nonetheless.

Planning End of Life Care doesn't only mean sorting out the details of where or when, but looking at the bigger picture to make sure that your desires are being met, and your wishes respected.  As with most things in life, it is not the destination, but the journey that matters.  We are all aware of the inevitable, but how do you want to get there? Through proper planning and vocalizing your desires surrounding possible "if-then" scenarios, your family will have a clearer picture of how you want end of life care. This process may involve creating a Supplemental Needs Trust, or a Medicare Asset Protection Trust to protect your home from state liens, or may involve recording your wishes through a Will- based Estate plan.  Any or all of these may be strategies that could provide you and your family with extra peace of mind and guidance during a difficult time. For more information about these and other End of Life strategies, please ask us a question on our Facebook page, send us an email, or call us at 978-922-8800.

The transcripts to the Tell me More series can be found at the following links:

"Financial Planning for the End of Life"

"Soaring Prices, Sinking Resources"

"Guidance on Caring for Aging Parents"

"Advice for the Golden Years- Don't Ever Retire Mentally"

"Trusting Faith Learning Lessons in Golden Years"

A:  Not necessarily, if you are a Medicare recipient.

If you are on Medicare and have to stay in a hospital overnight or longer, you might want to be aware of what status the hospital has on your record. Why? Because if you are classified by the hospital as “outpatient observation,” your bill might be a lot higher for the services you receive while you are in the hospital; and you may not be covered at all for any necessary post-acute care in a skilled nursing facility. You may be classified as an outpatient even if you are in the same room and receiving the same services as another who is classified as an inpatient, and even if you are in the hospital overnight or for several days.

If the hospital classifies you as an inpatient, your hospital services are covered under Medicare Part A. If the hospital classifies you as an outpatient, your hospital services are covered under Medicare Part B. This can make a significant difference in the services for which the patient is covered.

For instance, prescription drugs, which are covered under Medicare Part A for an inpatient, must be covered by Medicare Part D for an outpatient (because Medicare Part B does not cover prescription drugs). The hospital pharmacy is not likely in the Part D Plan’s network, so you will be charge the out-of-network price for necessary drugs. Furthermore, some drugs used by the hospital may not be on the plan’s formulary and may not be covered at all, especially, as is usually the case, if the patient made no arrangements with the Part D plan in advance.

Another major impact of hospital classification status is whether or not post-acute care in a skilled nursing facility is covered. Medicare will cover up to 100 days in a skilled nursing facility, but only following a three-day hospital stay. If you are in the hospital for three or more days, but classified as an outpatient, Medicare will deny coverage for your post-hospital care at the skilled nursing facility for lack of the required three-day prior hospitalization. Skilled nursing care is, on average, $345/day, and without Medicare coverage, the patient will be required to pay this out-of-pocket.

Many patients discover this unfortunate situation only after they receive the bill in the mail, because according to the Center for Medicare Advocacy, hospitals and skilled-nursing facilities are not giving patients notice of non-coverage

The Center for Medicare Advocacy has heard repeatedly about Medicare beneficiaries throughout the country whose entire stay in a hospital is classified as “outpatient observation.” In one particular instance, a patient who was in the hospital for fourteen (14) days was billed to Medicare as “observation status.” In some cases, the doctor will order an admission, and later, the hospital retroactively reverses the decision and classifies the patient as an outpatient.

For more information, see the Center for Medicare Advocacy’s website, or go directly to their article about classification status.

Labor Day has already passed, and whether we like it or not, we are reminded of Fall.  Sweaters, Pumpkin flavored goodies, leaves changing, and of course, winter.  In Fall, the world around us is changing-- it starts to harden, to yawn with brilliant crimsons and golds, and then turns over to sleep until better weather comes around again.  If nature thinks this is the best way to do things, then maybe we should pay attention to that cycle of change, and try to apply it to our own lives.

Spring: It is undoubtedly a part of life for each of us to feel invulnerable in youth.  We are young, we are growing, we are learning, experiencing, thriving, living.  Everything is happening to us, and we can practically feel the world turning around us.  But then, we open our eyes, and look at the world hurtling by, and realize that we are spinning alone, as fast as we can.

Summer: After the nausea passes, we build a life that we can work with, and start to focus on the big picture. The people in our lives become  the foundation for how we spend our time, and in a lot of ways, influence what we do. We create our own families, have children, foster the unlikeliest of friendships, and make our own world a more beautiful place.  This is the time of blue skies, birds chirping, warm sun, pleasant breezes, fluffy clouds, sand, surf, laughter, and the occasional drenching storm. And whether we realize it or not, planning for a fun summer picnic can become practice for Estate Planning . We start asking ourselves: "What are we going to eat?"; "Where are we going to go?"; "What about Jenny's allergies-- did you pack her Epi-pen?"; "What if it rains?"; "Did we bring some toys for the kids?".  These questions are much in the same vein as ones at an Estate Planning design meeting. Even though this thought process is something we may go through daily, some who begin to think about this may feel their Estate isn't "big" enough to make Estate Planning "worth it" during the summer; they continue to save for the rainy day, and feel the sunshine on their faces.

Fall: As the air turns more crisp, we put on more layers, and bundle up our loved ones for the more temperamental weather.  In all aspects of life, we start thinking about the harsh weather and hard times ahead, and start making preparations.  For many of us, the heart of fall is in the leaves falling off the trees, and in the cold breeze that is quickly turning into a strong wind. Surely at this point, we can no longer ignore the arrival of fall, and the eminent arrival of winter. We close our house windows, start making stews, casseroles, and start planning for the holidays. Just as with  picnic planning, we must reflect on the needs of our loved ones, and try to provide for them the best that we can. 

Winter:  The hardship.  The cold that cracks hands, stings skin, and stills life.  The winter is the anticipated unexpected.  It is the season of constant surprise, and wearying repetition.  But, it is also a season of quiet nights blanketed in thick snow. And warm fires that bring together the family from peripheral rooms of the house.  It is the season of hot cocoa, helping neighbors shovel the record snow, and softly glowing holiday lights lining the heart of town.  Bundled up against the cold, winter seems manageable, and sometimes even pleasant. And even for those who may have misplaced their winter jacket, worn out their old gloves, or need a snowsuit for their newest grandchild, the stores are still open and able to help. Estate Planning  is available at any time to help anyone protect the ones they love and whatever they may have against the bitterness of winter.

As we transition from the comfort of a well-known and loved season, it is essential to remember the importance of planning for the changes ahead of us; proper Estate Planning can help you protect your assets from taxes, provide for any special needs situation, and give you peace of mind. Remember, you never have to freeze in winter-- it is never too late begin Estate Planning!

Picture generously shared by Jim Crotty under a Creative Commons license. "Autumn Colors on Lake Logan in Hocking Hills Ohio by Jim Crotty" http://www.flickr.com/photos/jimcrotty/5107844796/

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