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COYLE & WYTYCHAK

ELDER LAW NEWS

 

July 2019, Volume 2, Issue 19

 

WHAT IS GOING ON?

PARKING UPDATE- There are now tenants in the long- abandoned property to the East of us on Garden, and

they have asked us to request that our clients not park in that parking lot. We have plenty of street parking and

you can always use our driveway as long as it is not already occupied.

We will be closed on Thursday, July 4, 2019 for Independence Day.

Understanding Alzheimer’s and Dementia, an education program by the Alzheimer’s Association, will be on

Thursday, July 25, 2019 from 2 to 4 pm at the Rathdrum Senior Center. Call (800) 272-3900 for a reservation!

SAVE THE DATE! The North Idaho Walk to End Alzheimer’s is on Saturday, September 28, 2019 at Riverstone

Park in Coeur d’ Alene.

We now accept credit cards through our website, www.CWELP.com! Click on the “Payments” tab on the home

page to be directed to the LawPay website.

Check out Coyle and Wytychak Elder Law on Facebook! “Like” us to stay informed and hear about events in the

senior community. Search for Coyle & Wytychak Elder Law. Share our page with your friends and family so

they can also take advantage of the informative articles and information!

“If you want others to be happy, practice compassion. If you want to be happy,

 

practice compassion.”

- Dalai Lama

DO I REALLY NEED THAT? - BY KATE COYLE

We hear it all the time. “Do I really need a Will?” “Won’t my kids just be able to take care of things?” “Can’t I just tell the

bank what I want?” The truth is, a handshake and a smile used to be enough for doctors, hospitals, banks, etc… to allow

someone to be able to speak on another’s behalf or manage another’s property and accounts. However, times have

changed. Increasingly, institutions are requiring that certain documents be in effect before speaking to anyone other than

the client/ patient, regardless of their relationship. I have put together a guide of the different types of documents that

exist in Idaho, and why, yes, you do need to have an estate plan in place to ensure that your wishes are fulfilled in the

event of illness or death.

Powers of Attorney for Health Care- This document nominates someone (called an Attorney in Fact) to make health care

and living situation decisions if you cannot make or communicate your own decisions. It also includes a document called

the “Living Will” which directs how you want to be treated in an end of life situation. You can separately fill out a POST

(Physician’s Orders on Scope of Treatment) form with your physician, which is comparable to a do not resuscitate order.

 

Powers of Attorney for Finances- This document nominates someone (called an Attorney in Fact) to make financial,

business, and monetary decisions for you. These can be effective immediately or only effective when a doctor says that you

can no longer make reasonable decisions regarding your finances.

Will- Anyone over the age of 18 can make a will. If you are worried about where your property will go when you pass away,

a will can resolve doubt for you and your beneficiaries. Wills allow you to: choose friends and relatives you want your

property to go to, make charitable bequests, choose a trusted and responsible person to be your personal representative,

name a guardian for minor children or incapacitated adults, and take advantage of tax savings which may result from a

properly drawn will.

What is Probate, and do I need it?- Even if you have a Will, Probate may still be required. Probate is the court procedure

for transferring title of a deceased person’s property to the proper survivors. If there is a valid will, the estate still needs to

be probated if the estate owns real estate (to satisfy title companies) or if the probate estate is greater than $100,000.00.

Trusts- Trusts are legal entities which own property in the name of the Trust, as opposed to someone owning property in

their individual name. Trusts, when properly created and funded, can avoid the probate process because a Trust will

appoint a person to be in charge of administering the trust estate called a “Trustee.” Instead of having to go to court to

have a person appointed by a judge to be in charge through the Probate process, the Trustee is already in a position of

authority to begin administering assets.

Community Property Agreements- Married couples can record a document called a Community Property Agreement

directing the transfer of marital assets upon the death of one spouse. This transfers property to the surviving spouse

outside the Probate process.

Once these documents have been prepared, it is also important to review any documents that you have executed every few

years to make sure that they still reflect your wishes, and that no changes need to be made. The better the shape your

estate plan is in, the easier things will go for your family in the future. The bottom line is, if you want to ensure that your

wishes are carried out, put them on paper in one or more of the above documents! One of our accomplished attorneys can

assist you and your family in reviewing the options and getting you a customized estate plan that suits your needs.

COYLE & WYTYCHAK

ELDER LAW NEWS

 

June 2019, Volume 2, Issue 18

 

WHAT IS GOING ON?

PARKING UPDATE- There are now tenants in the long- abandoned property to the East of us on Garden, and

they have asked us to request that our clients not park in that parking lot. We have plenty of street parking and

you can always use our driveway as long as it is not already occupied.

Understanding and Responding to Dementia Related Behavior will be presented by the Alzheimer’s Association

on Wednesday, June 12, 2019 from 1 to 3 pm at the Area Agency on Aging in Coeur d’ Alene. Contact (800)

27203900 for details.

We will be closed on Thursday, July 4, 2019 for Independence Day.

We now accept credit cards through our website, www.CWELP.com! Click on the “Payments” tab on the home

page to be directed to the LawPay website.

Check out Coyle and Wytychak Elder Law on Facebook! “Like” us to stay informed and hear about events in the

senior community. Search for Coyle & Wytychak Elder Law. Share our page with your friends and family so

they can also take advantage of the informative articles and information!

“You have brains in your head. You have feet in your shoes. You can steer yourself,

 

any direction you choose.”

- Dr. Seuss

 

AGING AND FINANCIAL VULNERABILITY- BY REBECCA EYMAN

It is estimated that seniors lose $36 billion a year from financial fraud. Those who have been scammed know

that the results can be devastating and getting your money back nearly impossible.

Unfortunately, seniors are more likely to be targeted by scammers than younger generations. This is in part

because seniors have retirement and savings set aside that can be targeted. A 2016 study indicated that people

over 50 years of age own 83% of the wealth in America. Seniors can also suffer from cognitive decline or

socially isolation, making them vulnerable to financial abuse. However, new research has suggested that as we

age, changes in our brains make us less likely to be able to recognize a scam.

Doctors have focused their research on older people who are otherwise on the ball – no memory loss, no

confusion, and no cognitive impairment – yet they appear to be at a higher risk of being abused financially by a

stranger or family member. It appears that as we got older, our brains start to have more trouble recognizing

when someone is trying to mislead or cheat us.

 

Until scientists find a way to combat this change in the aging brain, awareness of the most common types of

scams is a good way to protect yourself.

Some common signs of a scam include:

 Fake phone call from jail: Some scammers call older people and try to trick them into believing their

grandchild has been arrested and needs bail money immediately. Receiving such a call would be

extremely stressful and it’s tempting to react quickly, but it’s best to verify this information first before

sending money by calling another family member or the jail directly to confirm the situation.

 Computer speed: Be extremely cautious of an unsolicited promise to make your computer run faster.

Never, under any circumstances, should you allow remote access to your computer to a stranger. The

result is often the installation of spyware, malware, or ransomware, which can be very difficult to

remove.

 IRS/outstanding warrant: Frequently, scammers claim to be from a government agency, including the

IRS, Social Security Agency, or a law enforcement agency. The goal is to frighten you by making you

believe you owe back taxes or that there is a warrant for your arrest. Remember, these agencies will

never contact you by telephone. Important notices will arrive via mail.

 Gift cards: It’s very common for scammers to request payment in the form of gift cards. If any

individual claiming to be from the IRS, a law enforcement agency, or a business requests that you

provide gift cards, be immediately wary.

 Pop-up messages: Pop-up messages on your browser can look very official. Sometimes, a pop-up can

tell you that a computer virus has been detected, or that you’ve won a prize. Pop-ups can even use logos

from companies to look more legitimate. Be wary of pop-ups, and install pop-up blockers on your

browser to avoid these pitfalls.

 Prizes and sweepstakes: Remember: if it seems too good to be true, it probably is. Be cautious of

winning prizes or sweepstakes out of the blue. Many times, scammers will attempt you to pay for “fees”

up front to receive your phony prize.

When it comes to unsolicited phone calls or online offers, it’s good to use the “smell test” – if it stinks, there’s

likely something fishy going on. If you’re not sure if the contact you have received is a scam, consider reaching

out to a family member or law enforcement to be absolutely sure. The Federal Trade Commission and

Consumer Financial Protection Bureau also have helpful resources on recognizing scams and what to do if

you’re the victim of fraud.

COYLE & WYTYCHAK

ELDER LAW NEWS

 

May 2019, Volume 2, Issue 17

 

WHAT IS GOING ON?

PARKING UPDATE- There are now tenants in the long- abandoned property to the East of us on

Garden, and they have asked us to request that our clients not park in that parking lot. We have plenty

of street parking and you can always use our driveway as long as it is not already occupied.

NEW CREDIT CARD PROCEDURE- We now accept credit cards through our website,

www.CWELP.com! Click on the “Payments” tab on the home page to be directed to the LawPay

website.

Living with Alzheimer’s, Early Stage Planning is an upcoming 3 part series from 2 to 4 pm on April 30,

May 7, and May 14, 2019 at the Hayden Library. Contact the Alzheimer’s Association at (800) 272-

3900 for more information.

Powerful Tools for Caregivers, a 6 week long class for family caregivers presented by the Alzheimer’s

Association will begin on May 2, 2019 and run through June 6, 2019. For more information or to

register, call (208) 666-2996.

Check out Coyle and Wytychak Elder Law on Facebook! “Like” us to stay informed and hear about

events in the senior community. Search for Coyle & Wytychak Elder Law. Share our page with your

friends and family so they can also take advantage of the informative articles and information!

“Worry never robs tomorrow of its sorrow, it only robs today of its joy.”

 

- Leo Buscaglia

 

THE LONG TERM CARE “UMBRELLA”

– BY KATE COYLE

“Long-term care” is a term that is often thrown around by medical or health care professionals, but what

does it really mean? In fact, “long-term care” is an umbrella term that can refer to many different levels

of care throughout the health spectrum. I hope that this article may help you in determining what level of

care is necessary for you or your loved one should it become necessary.

In- Home Care. In- home care is a growing industry which offers everything from companionship and

errand-running provided by non-medical staff to care provided by a Registered Nurse or even a physician.

This type of care could entail just a few hours per week, 24 hours per day, or anywhere in between. Many

 

seniors are attracted to this option as they desire to remain in their homes. Additionally, when the hands-

on time with the caregiver is limited, this is, under some circumstances, the least expensive option.

Independent Senior Living. An independent living facility is a facility which provides apartments for

residents over a certain age. These communities sometimes provide meals and limited cleaning and

laundry services, but are generally designed for seniors who do not need assistance with most activities of

daily living. Also, seniors have the benefit of increased social activities compared to remaining in the

home.

Assisted Living. An assisted living facility (ALF) is a facility which provides supervision and support for

residents who need assistance with activities of daily living (such as bathing, transfers, medication

management, etc…). Many assisted living facilities are providing memory care as well to patients suffering

from dementia, Alzheimer’s disease, Parkinson’s disease, or other cognitive issues.

Skilled Nursing. Skilled nursing facilities (SNFs) are facilities which build upon the services provided in

ALFs, but add a medical component. Laws require skilled nursing facilities to have a physician or

registered nurse on staff, and they provide therapies such as speech, occupational, and rehabilitative to its

patients. After hospitalization, many hospitals send patients to skilled nursing facilities for rehabilitation

and recovery services.

Long-term Acute Care Hospital. A Long- Term Acute Care Hospital (LTACH) is a hospital specializing in

treating patients requiring extended hospitalization. Many LTACHs treat chronically ill patients needing

services such as ventilators, wound care, and infection monitoring.

As always, Coyle & Wytychak Elder Law is here to help you navigate these choices!

COYLE & WYTYCHAK

ELDER LAW NEWS

 

April 2019, Volume 2, Issue 16

 

WHAT IS GOING ON?

PARKING UPDATE- There are now tenants in the long- abandoned property to the East of us on Garden, and

they have asked us to request that our clients not park in that parking lot. We have plenty of street parking and

you can always use our handicap accessible driveway as long as it is not already occupied.

NEW CREDIT CARD PROCEDURE- We now accept credit cards through our website, www.CWELP.com!

Click on the “Payments” tab on the home page to be directed to the LawPay website.

On Tuesday, April 9, 2019 the Alzheimer’s Association will host 10 Warning Signs of Alzheimer’s from 2 to 4

pm at the Rathdrum Senior Center. RSVP to (800) 272-3900.

One More Time’s Bunny Stop and Hop Scavenger Hunt will be April 13 th , 2019 from 12 to 5 pm at Garden Plaza

of Post Falls. There will be 10 stops, tasks, and prizes! Cost is $20/ team. For more information, call (208) 512-

0814.

Living with Alzheimer’s, Early Stage Planning is an upcoming 3 part series from 2 to 4 pm on April 30, May 7,

and May 14, 2019 at the Hayden Library. Contact the Alzheimer’s Association at (800) 272-3900 for more

information.

Powerful Tools for Caregivers, a 6 week long class for family caregivers presented by the Alzheimer’s Association

will begin on May 2, 2019 and run through June 6, 2019. For more information or to register, call (208) 666-

2996.

Check out Coyle and Wytychak Elder Law on Facebook! “Like” us to stay informed and hear about events in the

senior community. Search for Coyle & Wytychak Elder Law. Share our page with your friends and family so

they can also take advantage of the informative articles and information!

“Be kind whenever possible. It is always possible.”

- Dalai Lama

 

PETS AND ESTATE PLANNING- BY REBECCA EYMAN

Many consider their pets to be full-fledged members of the family. For this reason, it’s not unusual for

people to want to include their pets in some way in estate planning documents. However, this

honorable instinct can lead to absurd results, because animals are legally considered to be “chattel,”

or personal property, and cannot inherit property.

One of the most famous examples of a pet included in an estate plan is that of Leona Helmsley. The

New York hotel heiress nicknamed “the Queen of Mean” left the bulk of her vast estate to her Maltese

dog, Trouble. Although Trouble was initially set to inherit $12 million, a judge reduced the dog’s

 

inheritance to $2 million, finding that the greater amount exceeded that necessary to care for the pup.

The funds were distributed to Trouble’s caretaker to pay for her full-time security, grooming, and food.

Trouble died in 2007 at the age of 12. Helmsley had asked in her will that Trouble be buried

alongside her in her family mausoleum. This created a new legal headache, as there are regulations

forbidding the interring of nonhuman remains in human cemeteries.

Fashion designer Karl Lagerfeld, who died earlier this year, also apparently included his beloved pet

in his estate plan. Lagerfeld’s Birman cat, Choupette, lived in the lap of luxury catered to by two

personal maids, ate meals of caviar and chicken pâté at the table off of designer dishes, and travelled

on private jets. Before he died, Lagerfeld suggested that he intended to leave Choupette a portion of

his fortune. However, Lagerfeld resided in France at the time of his death, and French law—like U.S.

law—does not allow money to be passed down to pets.

Although you may not have millions of dollars to leave to your loyal companion, there are important

ways to remember your pets in your estate plan. For example, have you considered who will take

care of your pets after you pass away? Just like parents can name a guardian for minor children in an

estate plan, you can do the same for your pets. You can also include special instructions about the re-

homing, medical, dietary, and other needs of your pets.

Also, while animals cannot legally inherit money, you can leave a specific gift of money to the person

who will be caring for your pets to be used for your pet’s health and benefit. Or, you can set aside

funds in a pet trust for this purpose. If you would like to use your estate planning documents to help

animals more generally, you can include a gift to an animal-related charity, including the Kootenai

County Humane Society or the SPCA.

Whatever your estate planning goals are, the attorneys of Coyle & Wytychak Elder Law are here to

help!

Coyle & Wytychak Elder Law News

January 2019, Volume 2, Issue 13

What is going on?

We now accept credit cards through our website, www.CWELP.com! Click on the “Payments” tab on the home page to be directed to the LawPay website.  

Coyle & Wytychak Elder Law will be closed on January 1, 2019 for the New Year Holiday and January 21, 2019 for Martin Luther King, Jr./ Human Rights Day.  

On January 8, 2019, the Alzheimer’s Association will present Health Living for your Brain and Body at the Hayden Public Library at 2 pm.  This educational program is free and open to the public!

The Lake City Senior Center is now offering smartphone classes!  For more information, visit http://www.lakecitycenter.org/.  

The Alzheimer’s Association and the Kroc Center host the Memory Café on the 2nd and 4th Mondays of each month at 1:00 p.m. at the Kroc Center Café.  It’s a safe place for those with memory loss and their friends and family to enjoy a favorite drink with others.  Contact PJ Christo at (208) 666-2996 for more information.

Check out Coyle and Wytychak Elder Law on Facebook! “Like” us to stay informed and hear about events in the senior community. Search for Coyle & Wytychak Elder Law.  Share our page with your friends and family so they can also take advantage of the informative articles and information!

“If you add a little to a little, and then do it again,

soon that little shall be much.”

Hesiod

upcoming alzheimer’s legislation-                                 by kate coyle

I recently attended a town hall meeting regarding public policy on Alzheimer’s Disease, both at the state and federal level.  It was truly eye-opening. I have encountered Alzheimer’s Disease personally in my own family. I encounter Alzheimer’s Disease and other related dementias every single day practicing Elder Law.  But to be shown the actual numbers and projections in Idaho and across the United States was staggering.

According to the Alzheimer’s Association, every 65 seconds someone in America develops Alzheimer’s Disease, resulting in half a million new cases a year.  By the year 2050, the projection is that someone will develop Alzheimer’s Disease every 33 seconds. The total number of people living with Alzheimer’s will be 13.8 million by then.  In Idaho, there are currently 25,000 people living with Alzheimer’s Disease. We are projected to have 33,000 cases in 2025.

Not only is the disease tragic to the patients and their families, it is also a huge financial burden on the individual, his or her family, the state, and the government.  In 2018, the direct costs related to Alzheimer’s Disease in America was an estimated $277 billion. In 2050, that number is projected to be $1.1 trillion. It also places a huge burden on our families.  It is estimated that 16 million family members and friends provided 18.4 billion hours of unpaid care to people with dementia in 2017 at an economic value of $232 billion. In Idaho, 83,000 caregivers provided the equivalent of 1.9 billion in unpaid care.  I won’t even go into the emotional and physical strain it puts on these family and friend caregivers.

So what is being done about it?  There are two bi-partisan Acts federally that aim to reduce the impact of Alzheimer’s Disease in the future.  

The BOLD Infrastructure for Alzheimer’s Act aims to work with the CDC and local Public Health Departments to develop Centers of Excellence around the country to expand and promote innovative and effective Alzheimer’s interventions.  It will provide funding to state, local, and tribal public health departments to promote early detection and diagnosis and increase collection of data to inform future actions.

The Palliative Care and Hospice Education Training Act is another bipartisan effort which will enact a national campaign to increase training for doctors and nurses on the importance of palliative and hospice care with a focus on managing and easing symptoms, easing pain and stress, and increasing comfort to improve quality of life for those with dementia.  The act will increase the availability of palliative and hospice care, where there is a significant shortage nationwide. The act will establish workforce training centers for these professions, create education and awareness, and fund research to enhance the delivery of palliative care.

What can you do?  CONTACT YOUR REPRESENTATIVES AND SENATORS to voice your support for this type of legislative support for dementia and Alzheimer’s Disease!  The Alzheimer’s Association has an entire lobbying arm (the Alzheimer’s Impact Movement) that can provide you with pre-written “Dear Senator” cards, provide you templates for letters to the editor of your local paper, and put you in touch with your state and federal leadership.  Our local Alzheimer’s Association chapter can help you through the first steps if you want to get involved. A friend of mine, Katy, lost her husband to Alzheimer’s Disease a few years ago. She now visits Boise and Washington D.C. annually to lobby for funding for Alzheimer’s research.  She started with a phone call to (208) 666-2996 to see what she could do.

 

Help us find the first survivor of Alzheimer’s Disease!  

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