May 2023

From The Certified Elder Law Attorney's Desk:




PLANNING FOR SENIOR ORPHANS




William W. "Bill" Erhart







Calendar of Events:



Article of Interest:







Published on May 16, 2023
People Magazine





 



Inspirational Quote

From The Certified Elder Law
Attorney's Desk:

William W. “Bill” Erhart



PLANNING FOR SENIOR ORPHANS
As estate planners, we increasingly have clients that are “Senior Orphans.” A Senior Orphan is someone without a spouse, child or friend on whom they can depend. The spouse or partner could already be incapacitated. Children may be alienated, incapacitated, unavailable or geographically remote.

And one does not have to be alone to have no one to depend upon. A few months ago, a mother came into my office with a daughter. She filled out the section of our questionnaire which asks for the names of persons who will make health care or financial decisions if they need assistance. Like many, she listed her children in order, from the eldest to the youngest. When asked why, she replied, “That is just how I did it.” When we spent a few minutes discussing her children, it turns out that one is very bad with money; another has had substance problems, and a third is unreliable and disengaged with the mother. The only child ready, willing and available to provide care and support for the mother was the child who came to the interview with her. Mom had four children; she did not have four reliable agents for powers of attorney.

With the increase of Baby Boomers entering the population of elders, the number of Senior Orphans, both real and functional abound the number of people in America over the age of 65 will be 83 million by 2050. The age of the population over 85 is expected to double to 14.4 million by 2040. The percentage of Americans living alone over the age of 65 is 22%. All of these are at risk of becoming Senior Orphans.

What support can be provided?

HAVE A PLAN IN PLACE
A plan means something in writing. An estate plan is not for when someone is dead or what happens to property thereafter. A good plan is one which contemplates assistance when we age and need some help. Trusts, powers of attorney, advance directives all require thought, preparation, cooperation and communication about and with those who may help us. If you do not have anyone, here are suggestions.

FINANCIAL AGENTS AND MONEY MANAGERS
Financial agents do not have to be relatives. Often a relative may not be the best anyway. Years ago, when asking a client who would assist him with money if he lost his wits. He picked his brother-in-law, a CPA. It seemed logical to have a relative with accounting savvy on his side. “How do you get along with your brother-in-law?” “I can’t stand the arrogant bastard. The son of a bitch is a frigging know it all. May he rot in hell!”

Gaining my composure after the vitriolic onslaught, “George, pick someone else. You’re not planning to be unconscious; you’re planning to have someone help you. Do you want to be meeting or reviewing money with this guy twice a month?”

Daily Money Managers are professionals who will come to your home and review bills, bank statements, accounts and go to the bank for you. They will not act as agents under powers of attorney or sign checks.

CORPORATE TRUSTEES
We are all familiar with trust companies. For example, Wilmington Trust. Well maybe not all of us are familiar with or remember that. But many banks even have the name trust in them. Trust services are provided by entities other than banks. There are at least thirty non-bank trust companies in Delaware. Many of them provide services as agents under powers of attorney. Financial services of all types are available. Accounting firms and professional guardians are available to help senior orphans manage finances on varying levels and fees.

While some professionals look for at least $1 million in assets in order to assist; others will serve much smaller clients.

But I’ll have to pay!!

Remember, if you fail to plan for incapacity, your plan is that someone, a friend, distant relative, nursing home or the State will go to court to file a petition to be your guardian. What ever the cost, it is cheaper than losing it all because of poor planning.

HEALTH CARE DECISIONS
Of all decisions, health care is the most important. Finding someone whom you can trust to make the health care decisions you want. Banks, trustees and other professionals will gladly make financial decisions for you, but not health care. There are professionals who will make health care decisions on behalf of the Senior Orphan.

Priests, rabbis and ministers will serve as health care agents. Religious sisters, elders and church members are often willing to be named as well.

There are professional guardians who have training and can be contracted. There are charitable organizations whose members will meet with the Senior Orphan and draft written guidelines for future contingencies.

We help Senior Orphans plan. We can make recommendations for financial and health care agents. Remember, if you do not plan, someone will plan for you.
Home and Community Based Services (HCBS) Access Act

The caregiver crisis in America is multifaceted and deep. While under federal and state law, older adults and people with disabilities who meet medical and financial criteria are eligible for Medicaid long-term care services and supports (Long-Term Care Medicaid (“LTSS”)), states, and even regions within states, vary as to the settings in which these vulnerable persons receive LTSS.
Nursing home care is often immediate and available, but care in the home or in an assisted living facility often is unavailable as a practical matter due to long wait lists, even when the state has requested and received permission from the federal government via waiver to use Medicaid funds for that care.

As a result, as outlined in a 2021 report from Justice in Aging (https://justiceinaging.org/wp-content/uploads/2021/04/HCBS-Primer.pdf?eType=EmailBlastContent&eId=51cbe48b-01ed-469f-8983-b9c191c5c371), home or assisted living care paid by Medicaid is simply not an option for many people in America who need immediate care and cannot wait for their spot on the waiting list to become available - despite what legally is supposed to be available – and must instead enter nursing home care.

And of those who remain in home waiting to receive in-home LTSS, most care is provided by unpaid family caregivers. Earlier this year, the Better Care Better Jobs Act (https://www.casey.senate.gov/news/releases/casey-dingell-introduce-bill-to-provide-historic-permanent-investment-in-home-care-for-seniors-and-people-with-disabilities), was introduced to address this.

A recent bill in Congress seeks to address all of the above, by increasing access to HCBS and addressing the attendant consequences of wait lists and other barriers to home- and community- based care, awareness of all of which has been heightened due to the COVID-19 pandemic.
The bipartisan bill, the Home and Community Based Services Act (the “HCBS Act”), was originally introduced to Congress in 2021, and in March 2023 was reintroduced. The bill, which in the Senate is cosponsored by 16 U.S. Senators, and is endorsed by numerous advocacy organizations, seeks to provide seniors and persons with disabilities with a real choice as to where they receive LTCSS.
Senator Casey introduced the Senate bill while he, as Chairman of the U.S. Senate Special Committee on Aging, held a hearing “Uplifting Families, Workers, and Older Adults: Supporting Communities of Care” (https://www.aging.senate.gov/hearings/uplifting-families-workers-and-older-adults-supporting-communities-of-care), examining the economic benefits of investing in Medicaid home- and community-based services.

Per the PDF one-page summary of the bill provided by U.S. Senator Bob Casey, Chairman of the U.S. Senate Special Committee on Aging, available at https://www.aging.senate.gov/imo/media/doc/hcbs_access_act_one_pager1.pdf, the HCBS Act outlines six specific goals of the proposed legislation:

1.“Increase Medicaid funding for home- and community- based services;
2.Provide grant funding for states to expand their capacity to meet the needs of people who prefer HCBS;
3.Make steps to improve the stability, availability, and quality of direct care providers to help address the decades-long workforce shortage crisis;
4.Provide states with resources so that caregiving workers – who are disproportionately women of color – have stable, quality jobs and a living wage;
5.Provide training and support for family caregivers; and
6.Create better evaluation measures to assess the quality of HCBS being provided.”

"This is something new for me," says Dorothy Fideli, who previously got married in a brief courthouse ceremony in 1965.

Published on May 16, 2023
People Magazine

An Ohio woman has married the love of her life — herself!

Dorothy "Dottie" Fideli, 77, celebrated her love for herself with a unique wedding ceremony at her retirement community, O'Bannon Terrace in Goshen, on Saturday, according to NBC affiliate WLWT and Today.

Fideli told NBC affiliate KCEN that she was "nervous" but "excited" for the big day.
"This is something new for me," she told the outlet. "It's emotional for me, because this is something I've always wanted."

Fideli was once married in a brief courthouse ceremony in 1965, but they divorced nine years later.
"I wore a black dress, so I was doomed before I got started," she told Today.

Although she told the outlet she worried it might be "too late" to have the wedding of her dreams, one day she had a change of heart.

"I have been with myself for 40 years," she said according to KCEN, adding that while she was at church she realized she wanted to "do something special" for herself.

The mother of three eventually got the idea to marry herself from her neighbors, who saw a woman do something similar on a talk show, WLWT reported.

"Now I have a second chance in doing something that'll make me happy," she told the outlet.

And after spending much of her life taking care of her children and grandchildren, Fideli is excited that life is "about me now," according to Today. "It's my turn to do what I want to do."

Fideli's daughter, Donna Pennington, helped her mother find a dress, cooked food for the event and even decorated the retirement home's community room with a balloon arch and other items.

"I told my daughter, I said, 'This is the best thing that I've ever had, outside of having you kids,'" Fideli told Today. "This is what I've always wanted and I'm so happy that you (gave) it to me."