Determining will-writing competency

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New Jersey Business News

by Karin Price Mueller
Friday August 14, 2009, 8:00 AM
Q: You answered a question last month about the transfer of a home from an elderly mother who has dementia to her caregiver child.

If the mother has dementia, how could she have the mental capacity to make such a gift?

When my mother wanted to change her will, the lawyer said no because he had concerns about her mental capacity and her doctor wouldn't say she was of sound mind.

My mother did write out the will in her own hand. How valid would such a will be if challenged by other family members?

-- Anonymous


A: That's a great question, and determining competency can be a confusing topic.

An elderly person could have dementia, but depending on the extent of the dementia, she might still have the competency to consummate a gift transfer, said Martin Shenkman, Paramus-based attorney and author of "Estate Planning for People with Chronic Illness or Disability."

''Someone can have dementia and suffer a stroke and still be competent to sign a will,'' Shenkman said. ''There are a number of different types of dementia and a stroke can have a wide possible range of impact.''

If someone is deemed incompetent, it's possible that she previously signed a durable power of attorney, which appoints an agent to make financial decisions, possibly including gifts, or a living trust with gift provisions, Shenkman said.

''If so, then the agent or trustee might have made the gift for her,'' he said. Your mom's handwritten will could be problematic.

''I am not sure what the lawyer intends to do with the read all of.......Determining will-writing competency

How Alzheimer's Families Can Immediately Stop Depleting Assets

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paying for alzheimers care

Stop Depleting Assets, Draining Nest Eggs And Finally Gain Back Your Control

Brian Willie



If your family is dealing with Alzheimer’s you have more than enough to worry about. Let me help! As the mind and body of your loved one starts to shut down, they will need help-- especially when the need for long-term care is close at hand.

Sadly, the medical symptoms can’t be reversed at this time, BUT THE STRESS AND WORRY OVER THE COSTS, CAN!

We still don’t understand exactly how Alzheimer’s disease damages the brain, but we do know that it strikes gradually and ferociously. And, the financial strain put on families can be just as unkind.

I’m sure you’re more than aware how difficult this disease can be emotionally, physically and financially. It can literally make you feel helpless. The negative impact on your health, employment, income and financial security can cause you to experience high levels of stress and depression.

According to the Alzheimer’s Association, almost 10 million Americans act as Alzheimer’s caregivers, providing some form of care to loved ones with Alzheimer’s or other forms of dementia. Annually, this adds up to a staggering 8.4 billion hours of unpaid care. A contribution valued at $89 billion.

Yet ironically, with billions paid out in government benefits, close to 57% of Americans receive NO FINANCIAL SUPPORT from Medicare, Medicaid or any other government programs.

Financial support that your family is entitled to know about, apply for, and in many cases receive!

I know how hard this wretched disease is to deal with. Like you, I have watched someone special change before my eyes, and I understand how frustrating and overwhelming the disease can be.

I’ve experienced the stress of dealing with someone who seems deliberately difficult or who fails to recognize that something is even wrong…and how a life that was once filled with exuberance has been reduced to the heartache that they may now not recognize you. I know how hard it is to focus on anything else, let alone money.

But, eventually you will have to prepare for your loved one’s long-term care…and the literally shocking costs that you will face.

Find Comfort in Knowing Your
Financial Options

There are many ways to relieve the financial burden that occurs with Alzheimer’s disease. But getting assistance from read more of How Alzheimer's Families Can Immediately Stop Depleting Assets

How To Tell The Difference Between Medicare and Medicaid And Why It's Crucial To Understand

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Paying for Alzheimer's Care

Brian Willie

Not knowing how government programs work and more importantly the mindset of the people who work for these programs can quite literally mean the difference between having your assited living facility, nursing home or at-home care paid for, or running out of money in less than 26 weeks, depleting your assets, and draining your nest egg.

Why?

Because of.........

These are the innocent mistakes people so frequently make that end up costing them thousands and in some cases hundreds of thousands of dollars. Why? Because they are forced to pay privately with their own funds, or borrow from their friends and families because they were either denied or told they must ride out stiff penalty periods--periods of ineligibility........Read all of The Difference Between Medicare and Medicaid

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Aging Care.com

Carol Bradley Bursack

Covered in this article:
Dementia contributes to elder's fear of outside caregivers
Trying a new caregiver might alleviate elder's fear and abuse

When my uncle had in-home health care, he liked a couple of the caregivers, he thought one was okay, and barely tolerated two others. I wasn’t always there to witness his behavior, but I’d say that the caregivers he didn’t particularly like were not thrilled with him, either. Yet they did their job.

My neighbor, Joe, had a similar situation. He locked one caregiver out of his home, let another one in but was rude to her, and thoroughly enjoyed one young man because they could discuss golf. Quality of care wasn’t the issue. Joe resented anyone but me helping him, and the only reason he liked the guy was for talking about a shared sport.

Paid caregivers, hired by family members or even elders themselves, go into the elder’s home as nurses, assistants (CNAs) and custodial help (non-medical help such as shopping and light house keeping). Often their best efforts are frustrated by anger and actual abuse dished out by the elder they are there to care for.

I believe some of this abuse comes from fear. The presence of an outsider suggests to the elder that their family can’t (or doesn’t want) to take care of their needs. It also magnifies the extent of the elders’ care needs and makes them feel vulnerable. This fear, plus the denial of their actual need for care, can make them angry. If they are prone to lashing out when angry, then this person who represents the care they wish to deny becomes the target.

Family caregiving: when relationships add to the challenge

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Sharon Brothers MSW

Are you a new family caregiver?

View a FREE training module Becoming a Caregiver

We've been discussing some of the most challenging aspects of family caregiving here among our team and we're convinced that the relationship shift is probably right at the top.

Shifting from spouse and equal partners to care provider and recipient must be incredibly difficult. I know from my own experience that shifting from autonomous parent-adult child relationship to one where the parent is dependent on the child for care is challenging and disconcerting.

What about when one sibling sees the parent as smiling, happy and capable (the face she presents to them) while another sees a despondent, helpless elder (the face presented to sibling #2).

Then there's the daughter that feels the need to resolve issues from childhood with a parent before it's too late; issues that bring up long-buried feelings of anger, pain and helplessness.

I remember Emma who, suffering with advanced dementia, needed physical reassurance almost continually throughout the day. She'd hug us frequently, hold our hands and, in general, give and accept physical affection. I didn't think much of it until one day her daughter came into my office and told me, "I don't remember my mother ever hugging me as a child. She simply did not do that - ever." It broke my heart to realize that this warm, loving woman had lived so many years of her life unable to give or receive affection from those closest to her.

As we're working on creating materials to train and support family caregivers we're curious: what's the biggest relationship challenge you've experienced in caregiving? How did you resolve this challenge - how did it affect the caregiving experience?

Cognitive Behavior Therapy Helps Older Adults with Anxiety Reduce Worry, Improve Mental Health

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SeniorJournal.com

Alzheimer's, Dementia & Mental Health

Generalized anxiety disorder (GAD) is common in late life, with prevalence up to 7.3 percent in the community

Older adults with generalized anxiety disorder who received cognitive behavior therapy had greater improvement on measures of worry, depression and mental health than patients who received usual care, according to a study in the April 8 issue of the Journal of the American Medical Association (JAMA).

Generalized anxiety disorder (GAD) is common in late life, with prevalence up to 7.3 percent in the community and 11.2 percent in primary care. Late-life anxiety predicts increased physical disability, memory difficulties and decreased quality of life, according to background information in the article.

Late-life anxiety is usually treated with medication, but associated risks (e.g., falls, hip fractures, memory problems) with some drugs and patient fears of adverse effects limit their usefulness.

Two previous studies suggested benefits of cognitive behavior therapy (CBT) in primary care for late-life GAD, but the studies were small and the conclusions were limited. Older adults most often seek treatment for GAD in primary care.

Melinda A. Stanley, Ph.D., of the Baylor College of Medicine, Houston, and colleagues conducted the first randomized clinical trial of CBT for late-life GAD in primary care to examine whether CBT would improve outcomes relative to enhanced usual care (EUC).

The trial included 134 older adults (average age, 67 years) in two primary care settings, with treatment provided for 3 months. Assessments were conducted at the beginning of the trial, posttreatment (3 months), and over 12 months of follow-up, with assessments at 6, 9, 12 and 15 months.

Patients were randomized to either
● CBT (70 participants), which included education and awareness, relaxation training, cognitive therapy, problem-solving skills training and behavioral sleep management; or
● EUC (64 participants), in which patients were telephoned biweekly during the first 3 months of the study by the same therapists to provide support and ensure patient safety. Therapists reminded patients to call project staff if symptoms worsened.

Levels of anxiety, worry, depression and physical/mental health quality of life were measured via various tests or surveys.

The researchers found that CBT, compared with EUC,...read all about Cognitive Behavior Therapy

Brain Exercises May Delay Dementia

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US News&World Report

Reading, writing, other brain exercises put off memory decline of dementia.

By LiveScience Staff, LiveScience

Activities that keep the brain active, such as reading, writing and playing card games, may delay the precipitous memory declines that define dementia, a new study suggests.

Dementia is a decline in mental capabilities, especially memory and functioning, that can be caused by specific diseases such as Alzheimer's and Parkinson's, as well as stroke and infections to the brain.

While genetics are suspected to play a role in dementia, more and more studies are showing that lifestyle factors might also influence the severity of the problems.

The new study, detailed in the Aug. 4 issue of the journal Neurology, involved 488 people age 75 to 85 who did not have dementia at the start of the study. They were followed for an average of five years; during that time 101 of the people developed dementia.

At the beginning of the study, people reported how often they participated in six leisure activities that engage the brain: reading, writing, doing crossword puzzles, playing board or card games, having group discussions, and playing music.

For each activity, daily participation was rated at seven points, several days a week was rated at four points, and weekly participation was rated at one point. The average score was seven points total for those who later developed dementia, meaning they took part in only one of the six activities each day, on average.

The researchers then looked at the point when memory loss started accelerating rapidly for the participants. They found that for every additional activity a person participated in, the onset of rapid memory loss was delayed by 0.18 years, or about 9 weeks.

"The point of accelerated decline was....read all of Brain Exercises May Delay Dementia