A person may be able to contest their loved one’s will if the person has good reason to believe that it is invalid. Contesting a will is a process that is based on a person’s firm belief that something is wrong with his or her loved one’s will or in the manner in which it was signed or procured.

A person should not contest a will simply because he or she thinks the loved one made a distribution of which he or she does not approve. Rather, one must have valid grounds to make the contest. To begin with, a will is presumed valid if it appears valid on its face, i.e. contains the signature of the loved one and the requisite signatures of disinterested witnesses in accordance with state law. In order to challenge a will, the challenger has the burden of coming forward with legally valid evidence that would justify a court of law in setting the will aside. There are only certain circumstances that would warrant a court doing so:

If the person can prove that the person making the will (also known as the testator) was suffering from mental incapacity to the degree that he did not know that he was making a will and/or did not know the nature or extent of his assets, nor the identity of his family, one may be able to establish that he lacked the requisite mental capacity to make a will. Evidence in this regard may include medical records, witnesses who had interaction with the testator and, possibly, the opinion of a forensic psychiatrist.

If a person believes that another person applied undue pressure upon the testator to change the distribution made in a prior will and/or to disinherit someone who would be the natural object of his bounty, that circumstance may perhaps show undue influence, which is often another basis to challenge a will.

Fraud is another basis to contest the will. For example, if a person can prove that the testator signed the will document without knowing or realizing that it was actually a will, or that he was given misinformation that caused him to sign the will in its present form or to change the distribution plan of a prior will, one may be able to establish that he was fraudulently influenced.

Further, if a person can show that the will was not properly executed according to state law, this may furnish another basis to contest a will. Example: the testator did not sign in the presence of the required number of disinterested witnesses, or that the actual signing was not properly witnessed.

“If you believe that your situation is similar to any of the above circumstances, you may wish to contact an attorney immediately to help you file a claim to ensure the proper distribution of your loved one’s estate,” said Gene L Osofsky, an elder law and estate planning attorney with the Law Offices of Osofsky Osofsky, with experience in trust administration and estate planning. “Also, be mindful of time limits. Usually a will contest must be filed before the will is admitted to probate. Speed may therefore be essential.”

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.

The simplest form of gift is to make an outright gift, providing that your grandchild is of an age to be considered an adult. In California, that age is 18. As long as that the gift is not more than $13,000 per year per grandchild, no gift tax report is required. Married couples can double their gift. By way of example, if you and your spouse have four grandchildren, by doubling your gift, you could give away up to $104,000 per year without incurring any gift tax and without any need to file a gift tax return. Gifts that do not exceed this amount per year are called “Annual Exclusion Gifts”.

You can also make direct payments to your grandchild’s school or college for tuition and tuition related costs, as well as for his health care expenses. These payments can be made on top of the $13,000 per year, providing that you pay the school and/or medical provider directly. These gifts are sometimes referred to as the “Educational or Medical Payment Exclusion”.

If your grandchild is still a minor, you may make a gift into a custodial account managed by someone you designate. While the account can be managed by a parent if you so designate, there may be tax reasons to nominate another person to manage these accounts for the grandchild, such as an uncle or aunt. These custodial accounts are sometimes known as “UGMA” or “UTMA” accounts, and most banks and stock brokerage firms have the relevant forms to assist you in setting them up

You may also consider making gifts by funding “529 Accounts”, which are accounts set up to help pay for your grandchild’s education. There are of course other gifting vehicles, including U.S. savings bonds. It is best to check with your tax advisor or estate planning attorney regarding your planned gifting program, especially if you are contemplating gifts of appreciated property.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

There are new changes in state law regarding California’s skilled nursing homes.

Nursing homes will now face fines if they do not maintain state-mandated staffing requirements under the reauthorization of AB 1629 signed by Gov. Arnold Schwarzenegger on Oct. 19. The state will now have new tools to enforce the existing staffing requirement of 3.2 nursing hours per patient per day, required of all nursing homes licensed in California that receive Medi-Cal or Medicare payments.

These changes were established for accountability’s sake to ensure that all nursing homes meet state requirements. They were designed to reinforce the Long Term Care Reimbursement Act of 2004, which increased funding for nursing homes to help them meet these staffing requirements. Until now, the 2004 act had not fully met its goal of improving patient care.

The new law will also increase the number of auditors investigating the nursing homes. It will also establish fines for those who are non-compliant.

“The reason for this legislation was to provide better enforcement of the required staffing ratios in nursing homes, in order to improve the quality of patient care,” said Gene Osofsky of the Law Offices of Osofsky and Osofsky, which specializes in elder law, estate planning and trust administration.

Skilled nursing homes and care facilities will face penalties and fines if they do not meet the staffing requirements as required by law. Although some nursing homes already staff at the state’s requirement, others will now be forced to comply through imposition of fines and penalties. “We hope that the new law will provide better enforcement of the required staffing and improve the quality of care for patients,” Osofsky said.

Gene Osofsky also gives tips on how to choose and evaluate a proper nursing care facility. Gene Osofsky is a lawyer who also deals with nursing care issues.

“What’s more important than a nice looking facility is the quality of care. One must look at how the residents in the nursing home are being attended to and how well they are being treated and respected. Try to visit a facility at a time that hasn’t been prearranged in order to get an unrehearsed version of how the place operates,” Osofsky said.

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.

The VA just recently created services for female veterans, and they are now being treated in veteran’s hospitals throughout the nation. Even female veterans coming out of military service are surprised to find that there are now services geared especially for them.

Today, only a third of all U.S. Veteran Affairs hospitals and clinics offer a women’s clinic for female veterans, but the VA plans to expand women’s clinics across the board. There is a surge of women joining the services, meaning more women in the military will be seeking services when they get out and when they get older.

According to the Department of Veteran affairs, women today account for 15 percent of active-duty roles, compared to only 3 percent of the military during the Vietnam era.

Since there is no real delineating line between men and women on the front lines during combat, more and more women are being killed and subjected to combat injuries and trauma. This in turn will affect their family and support systems and ultimately the VA healthcare system.

Gender-specific treatment is the ultimate goal of the VA healthcare system for women who have served in the military, some of whom are suffering from things like combat related injuries, PTSD and sexual trauma. NPR stated that there are more than 2,000 women who fought in Iraq or Afghanistan and, since treatment had historically been geared for men and war stories were about men, the plight of injured female soldiers faded into the background.

Now, the women getting out of the military are being acknowledged in the VA healthcare system and the VA is actively trying to get the word out to the general public, as well as to female military members themselves. When these women get older, they will be fitting into the categories of their male counterparts in regard to their need for long-term medical treatment, health-care services and VA prescription drug benefits.

For more information on veteran’s medical benefits and how you can qualify, go to http://www.LawyerForSeniors.com/.

Caring for aging family members now has a new wrinkle. Last month, a small Salem, Virginia-based firm called N2Care trotted out its first prototype of a portable, high-tech dwelling intended to provide temporary shelter for a sick or elderly relative in their family’s backyard. Filled with biometric technology, the 12-by-24-foot prototype would allow a family or health-care providers to monitor the condition of an aging or disabled relative while foregoing costlier options such as confinement in a long term care facility. The brainchild of a Methodist minister, the MedCottage contains air-filtration systems, video links, devices that allow the remote monitoring of a patient’s vital signs and sensors that could detect an occupant’s fall.

“It’s new, but it’s intriguing,” says Gene L. Osofsky of Osofsky & Osofsky, a California-based firm geared to the practices of estate planning and the intricacies of elder law. The concept inherent in the MedCottage has already been endorsed by the Virginia General Assembly via HB1307, which would supersede local zoning laws and allow families to install such a dwelling on their property with a physician’s order.

But will the concept catch on beyond Virginia? It has also received a cautious endorsement from AARP; the lobbying group for Americans aged 50+, which has said that local zoning laws pose one of the bigger obstacles to making such dwellings a practical solution to caring for aging family members in what it calls “accessory dwelling units.”

Osofsky has a wait and see attitude about the MedCottage, and notes objections harbored by the temporary shelter’s naysayers. “Detractors have taken to calling the innovation the ‘granny pod’ and predicted that accessory dwelling units could create conflicts between neighbors who find the dwellings unsightly,” Osofsky says. “And some critics also worry that the setup could foster instances of neglect involving the persons placed in the dwellings.”

But as upwards of 80 million baby boomers edge toward retirement age, so-called “granny pods” might prove to be a viable alternative to nursing homes. “It’s a lot like a modular hospital room that one might find in an aid mission,” Osofsky says. “And there’s also a comfort factor involved for the occupant of such dwellings – their loved ones are only a few steps away.”

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.

The U.S. Department of Health and Human Services (HHS) announced earlier this summer the establishment of a new Pre-existing Condition Insurance Plan (PCIP) that will offer coverage to uninsured Americans who have been unable to obtain health coverage because of pre-existing health conditions.

The Pre-Existing Condition Insurance Plan, which will be administered either by individual states or by the Department of Health and Human Services, will provide a new health coverage option for Americans who have been uninsured for at least six months, have been unable to get health coverage because of a health condition, and are a U.S. citizen or are legally residing in the United States.

Created under the Affordable Care Act, the Pre-Existing Condition Insurance Plan is a transitional program until 2014, when insurers will be banned from discriminating against adults with pre-existing conditions, and individuals and small businesses will have access to more affordable private insurance choices through new competitive Exchanges. In 2014, members of Congress will also purchase their insurance through Exchanges.

“For too long, Americans with pre-existing conditions have been locked out of our health insurance market,” said Secretary Kathleen Sibelius. “Today, the Pre-Existing Condition Insurance Plan gives them a new option – the same insurance coverage as a healthy individual if they’ve been uninsured for at least six months because of a medical condition. This program will provide people the help they need as the nation transitions to a more competitive and fair marketplace in 2014.”

The Affordable Care Act provides $5 billion in federal funding to support Pre-Existing Condition Insurance Plans in every state. Some states have requested that the U.S. Department of Health and Human Services run their Pre-Existing Insurance Plan. Other states have requested that they run the program themselves. For more information about how the plan is being administered where you live, please visit HHS’ new consumer website, www.HealthCare.gov.

“Health coverage for Americans with pre-existing conditions has historically been unobtainable or failed to cover the very conditions for which they need medical care,” said Jay Angoff, Director of the Office of Consumer Information and Insurance Oversight (OCIIO), which is overseeing the program. “The Pre-Existing Condition Insurance Plan is designed to address these challenges by offering comprehensive coverage at a reasonable cost.”

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

For a lot of our elders, living alone isn’t what it used to be, especially in the sense of devices and technologically-advanced sensors placed in the home for safety reasons.

When Malcolm McGill, 94, slipped on a wet floor in his Bayonne, New Jersey home without wearing his emergency alert pendant, and could not phone for help, he felt desperation.

Fortunately, a tiny wireless sensor beneath Mr. McGill’s bed detected that the nonagenarian had gotten up. Motion detectors in his bedroom and bathroom registered that he had not left the area in his typical pattern and relayed that information to a central monitoring system, prompting a call to his telephone to ask if he was okay. When he did not answer, more calls were triggered – to a neighbor, to the building manager, and finally to 911, which dispatched firefighters to break through his door. He’d been on the floor less than 30 minutes when help arrived – courtesy of a system known as eNeighbor.

“It’s amazing some of the technology that’s available even for isolated elders living alone,” asserts Gene L. Osofsky of the law firm Osofsky & Osofsky, “That man might have died in similar circumstances a generation ago.”

Technologies such as eNeighbor offer a surprisingly high standard of care – and are backed by corporate giants such as Intel and General Electric – the latter a household word for most elders. But the devices can be expensive, remain largely untested, and are seldom covered by the government or private insurance plans. Doctors are not trained to treat patients using remote data and no mechanism exists for them to receive compensation for doing so. In fact, many such devices – including motion sensors, pill compliance detectors and wireless devices that transmit data on blood pressure, weight, oxygen and glucose levels – can have unintended or even adverse consequences.

“It’s difficult to substitute electronic measurements for face-to-face contact with doctors, nurses, and family members,” Osofsky explains.

Mr. McGill, who has congestive heart disease and suffered a broken hip five years ago, said he could not live on his own without the system that probably saved his life, built and distributed by a Minnesota company called Healthsense.

“Despite their limitations in 2010, in a few years I predict a lot of these sensors will become more practical and pervasive,” Osofsky concludes.

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.

Baby Boomers are aging fast, their parents even more so if they’re still around. Caring for an elderly parent can be a big responsibility. Boomers might even be realizing the pitter-patter of their own quickening years.

Large banks are realizing this trend too. Some are betting on enriching their client base – and adding to their receivables while they’re at it – by providing financial elder-care services. Can a bank be effective at helping you care for the elders you cherish?

Sources such as the Wall Street Journal, in a recent article, assert that the larger banks have received positive initial reviews when it comes to such everyday necessities as sorting out medical bills, hiring in-home care, or perhaps administering the sale of a home. Flush with such successes, banks are beginning to delve into more in-depth services such as estate planning; establishing power of attorney subsequent to a crisis (the proverbial “break a leg” comes to mind, or more aptly a hip); health and home care assessments; selecting Medicare coverage and claims management – even scouting long-term living options like retirement communities and assisted living facilities.

Is rushing down to your nearest apparently elder-friendly bank getting you psyched? Advice might be similar as for riding a spirited steed when you’ve never sat in a saddle – Whoa! Treat a bank like you would any other attorney or professional advisor. While a horse might be guileless, a bank probably isn’t. By targeting the elderly population and their family caregivers, from a bank’s perspective seeing their asset management annual fees jingle out of their clients’ pockets might be reason enough for their foray into elder-care services –no matter how convenient their plans might sound.

Even if a particular bank does offer in-depth options worth trying when it comes to elders and their care and also financial legacies, careful investigation and research – as well as asking all the key questions – is essential before choosing any advocate for your beloved elder – be it a bank or otherwise. The person or institution to hire should truly know their stuff, especially the ins and outs of the law and the care-giving industry. A mere dabbler you don’t want. In fact, seeking out the advice of an Elder Law attorney before and not after you make a decision may help you choose the best bank – if that’s truly a direction you still want to go.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Consumers are increasingly buying shorter-duration insurance policies as a remedy for making long-term care insurance an option. 2009 highlights the trend nicely. That year 32% of individual consumers purchasing a long-term care policy opted for a three-year benefit window, according to a report published by the American Association for Long-term Care Insurance. Will such purchases ensure sufficient coverage to the policyholder or allow benefit dollars to keep on keeping on?

“Actually, the risk of running out of benefits on a three-year policy is quite modest,” asserts Gene L. Osofsky, an elder law attorney with the firm of Osofsky & Osofsky, “particularly for men.”

Osofsky’s perspective is supported by empirical evidence. According to a consumer’s guide published by the industry trade association, the risk of “running on empty” as far as benefits are concerned is small, especially for men. For those purchasing policies longer than three years who made a claim for long-term care, only 13.1% required that care for 3+ years. As the insurance window grew longer, only 7.6% of those with a policy that paid out 4+ years actually required care longer than four years and a mere 4.5% of those buying policies with a payout window of 5+years needed care beyond that threshold.

Osofsky is also accurate when gender is considered. Men with a three-year policy who begin a long-term care claim at age 82 (a prevalent indicator) have a 12.4% probability of exhausting their benefits, compared to almost twice that number (23.5%) for women.

“The research is showing that the cost savings is substantial too,” adds Osofsky, “less and less people are buying unlimited long-term care policies nowadays.”

There is, however, a caveat. “If you do happen to be one of those individuals whose claim extends beyond the actual number of years stated in your policy, you can expect to need care for several additional years,” advises Osofsky, “Even a year of actually needing long-term care but facing such a necessity without coverage in place can be devastating to both lives and legacies. Prior to buying this type of insurance, consumers should be informed of the real risks involved.”

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.  

You’re retired, reasonably healthy, and love to travel. Can you still get your Social Security benefits in a place like Andorra? The short answer is yes. While you aren’t eligible to receive Medicare when you leave the country, Social Security benefits are available to retirees in other countries. If you leave the United States for another country, and have been outside U.S. borders for 30 days consecutively, a retiree is considered “outside the United States” and the rules for collecting benefits apply as if you were still in Bayonne, or even Akron.

There are some exceptions. The Social Security Administration (SSA) is not allowed to send checks to Cuba, or North Korea, for instance. Even in a forbidden place, however, you’re not entirely out of luck. If you’re living in Cuba, or North Korea, you can still receive any withheld checks if you go to a country where paychecks can be sent, to pick them up. Also, for your information, the SSA doesn’t typically send checks to Cambodia, Vietnam, or areas of the former Soviet Union (other than Armenia, Estonia, Latvia, Lithuania, or Russia), but eligible retirees may be able to apply for an exception – which are occasionally granted. In these instances, retirees may have to agree to certain conditions. Appearing in person at the U.S. Embassy each month to receive benefits may suddenly become very do-able if it’s the only way to receive your Social Security benefits.

If you are a retiree, and also a U.S. citizen, you are entitled to continue receiving benefits for as long as you’re living abroad. That said, citizens of other countries who receive Social Security may have restrictions placed upon their eligibility regarding the length of time they can continue to receive monthly benefits. In these cases, the rules can become quite complicated and a relevant Social Security publication Your Payments While You Are Outside the United States should be obtained. The SSA website also makes available to beneficiaries a payment screening tool that lets them know about their eligibility status if they remain outside the U.S. for longer than six months.

If there is any doubt, a more hassle-free option is for a retiree to use direct deposit into a U.S. bank account. Direct deposit is also available in certain countries and has the additional advantage of avoiding check-cashing and currency-conversion fees.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com. 

U.S. elders, even the extremely aged, are becoming increasingly attracted to the same gadgets and gizmos that younger folks have been using for a while. It’s no longer too surprising to learn that Grandpa is in the habit of texting and that Grandma is becoming fond of certain “apps” on her Smartphone.

“Just because we age, doesn’t mean that we should shut down opportunities to enjoy new technologies,” asserts Gene L. Osofsky, of the law firm Osofsky & Osofsky, “they’re intended to be enjoyed.”

While long lines waiting to buy the newest iPhone incarnation or video game consoles that stream movies for TV are becoming more of the rule than the exception, this may not be a bad thing. “The more tech-savvy an elder is, the better,” explains Osofsky, “and like NASA’s Space Program, the idea of knowing more can have useful spin-offs, especially when it deals with a person’s affairs.”

In the contemporary marketplace, elders need to be aware of a lot more of what’s new – just to stay safe. “A lot of the scams out there victimize elders, even while employing advanced technologies – everything from emails to texting to streaming videos to Skype,” Osofsky argues, “Now is not the time to be an ostrich with your head in the sand.”

Being tech-savvy can also be fun. “Life is meant to be enjoyed,” he says, “Why shouldn’t an elder get to watch a streaming movie online, or text a grandchild?”

The more technologically-competent one is might also equate to better investment decisions in a fast-paced environment, or even help to produce attractive legacies such as family histories, digital wills and electronic diaries composed of a myriad of blog entries. Osofsky also mentions social networking. “Participating in a social networking site like Facebook can enhance an older person’s life by giving it an intriguing new dimension, and also offer exciting opportunities for contact with others who have like interests,” Osofsky says, “It’s a way for elders to stay connected.”

In actuality, even centenarians are increasingly utilizing the newest mass consumer technologies. Up to 12% of 84,000 U.S. centenarians recently surveyed have listened to music on an iPod, for instance. “Why does our sense of wonder have to end as we age?” Osofsky concludes.

To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit http://www.lawyerforseniors.com/.

Mildred Jones, 87, is the last person you’d expect to see ogling her Smartphone. A native of Oxnard, where she grew up “by the wharves” during the Great Depression, she hadn’t paid much attention to technology—except for an occasional science fiction movie – until lately. “My granddaughter is a high school senior, and she showed me her Smartphone,” Mrs. Jones says, “I couldn’t get enough of it, so I bought my own.” Her Smartphone is purple and came with “a jillion apps,” asserts the more techno-savvy elder, “and even the ring tone’s nice; it’s meant to sound like Darth Vader.”

Elders all over America are waiting in line for Smartphones and iPads and kindling newfound appreciation for their Kindles. “We don’t have to be left behind,” explains Mrs. Jones, “after all, we’re not gone yet.”

In fact, advisors to America’s elders, everyone from attorneys equipped to practice elder law, to financial consultants, to those involved in routine care & interactions with U.S. older populations – are supportive of the newfound awareness and enthusiasm toward electronic devices suddenly becoming manifest.

For those newly infatuated with electronic devices and the latest gizmos, a good website to check out might be ElderGadget.com, a site intended to nurture this nouveau intrigue. At that site, readers are submitting a growing amount of feedback. Gadgets that are most popular appear to be those with big screens, easy to use, and are pleasant looking and lightweight. A growing number of devices fit such a bill. “The key to a lot of the technology out there is that it has senior-friendly features,” says marketing guru Geraldine C. Davis, “and even those over age 100 are becoming enthused about many of these products.”

Of more than 84,000 U.S. centenarians interviewed recently, a surprising percentage (8%) have sent someone a text message or instant message, 12% say that they have listened to music on an iPod or similar device, 11% have used YouTube, 2% Facebook, 5% have used TiVo to watch a TV program at their convenience, 4% have used Google, 1% have used an “app” on an iPhone or similar device, and 1% have used an online dating service.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about elder law and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The debate about health care reform, especially as it pertains to end-of-life issues, is becoming increasingly contentious in so-called “town hall” meetings across America. Various political luminaries such as former Vice-Presidential candidate and resigned Alaska governor Sarah Palin have been saying some things bristling with emotionally charged phrases. Palin released the following statement on her FaceBook page:

“The America I know and love is not one in which my parents or my baby with Down’s syndrome will have to stand in front of Obama’s ‘death panel’ so his bureaucrats can decide based on a subjective judgment of their ‘level of productivity in society’ whether they are worthy of health care,” Palin says, “Such a system is downright evil.” Palin continued, “Health care by definition involves life and death decisions. Human rights and human dignity must be at the center of any health care discussion.” Palin claimed that the Orwellian Obama plan would surreptitiously herd elder Americans into euthanasia and assisted suicide via rationing of medical treatment.

But does President Obama’s health care reform initiative really do what she claims? In fact, the plan, although controversial, encourages potentially productive doctor-patient conversations concerning end-of-life issues which may indeed be relevant to most anyone. The proposal’s language was designed to encourage doctor-patient conversations, but it was taken out of context and distorted beyond recognition for political advantage. In fact, a Living Will is good for individuals, and good for the country. It gives people essential choices about how they choose to end their days. It puts Americans in control of their destiny. Most attorneys already discuss these issues with their clients when preparing estate plans. Doctors often have these discussions now with their patients. The proposed health care reform bill will now enable the doctor to be paid for spending the time to help patients think through these important decisions. When the President’s mere mention of living wills used as a fear tactic to senselessly frighten our elders , the tactic is not only dangerously disingenuous, but may actually cause real harm. It may discourage essential conversations between doctor and patient. Proactive Elder Law attorneys continue to encourage their clients to create a Living Will or an Advance Health Care Directive – before it’s too late. Under the plan, doctors and their patients will now be encouraged to have this conversation, as well.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Some people are accident prone. It’s often a matter of luck, being in the wrong place at the wrong time. Sometimes what seems to be an accident isn’t really one; it could have been prevented by better planning or care. But sometimes an accident is just that, unavoidable. “Who hasn’t had a computer crash without warning, or a pipe break in their basement, flooding it?” asks Attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, who specializes in Elder Law. Events don’t always go right, and sometimes an important paper or a document can be accidentally misplaced and lost with the passage of time. “I’ve misplaced things,” Osofsky admits.

This can even happen with crucial estate planning documents, most significantly after they are executed. “My clients have been known to misplace things too,” says Osofsky.

To prevent such avoidable mishaps, Osofsky offers some advice.

“You should always make copies,” he says, “and these should be kept separate from your signed originals. Photocopies should be made and placed where they can easily be found by your agents. A closet in your office or a bookshelf in your library can be ideal for storing photocopies.”

Original documents should be placed somewhere safe from easy theft and in a place that’s less susceptible to natural disasters, such as fires or floods. “A home fire-safe can be an excellent investment,” Osofsky says, “I also like safe-deposit boxes, although the box should be in the name of the established trust rather than your own.” Agents and fiduciaries should have extra copies of essential documents “just in case.” Adds Osofsky, “Don’t forget your Advance Healthcare Directive and your HIPAA Privacy Authorization.” Your nominated guardians should have the original document allowing them “to make health care decisions for your minor child should you become unavailable,” he concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Attorney Gene L. Osofsky, of the law firm Osofsky & Osofsky, was as much taken aback as the rest of us by the sudden and premature death of pop music superstar and cultural icon Michael Jackson at the age of 50. Unlike many middle-aged “baby-boomers,” Jackson did have a will drawn up, and it was even made public. The document aroused Osofsky’s curiosity. Like millions of Americans, the attorney specializing in Elder Law was somewhat familiar with the publicized particulars of Jackson’s turbulent life, and the release of a will was not entirely unexpected by Osofsky. “There was considerable media speculation about Michael Jackson and his will, and it seemed logical that he’d created one.” The will was five pages long, and shifted Jackson’s entire estate into an instrument called the Michael Jackson Family Trust. Still, it revealed little about Jackson Estate specifics or instructions about how his estate would be handled.

Jackson’s will wasn’t exempt from the law. Although a will can remain private while a person is alive, it becomes a matter of public record once it is submitted to the probate courts after a person dies. But a trust is usually a private document, and in most cases remains private. In Jackson’s case, the financial details are presumably all in the trust. There was a detail on page 4 of the five-page document that did catch the attorney’s eye. In paragraph 8 of his will, on page 4, just above his signature, Jackson states, “If any of my children are minors at the time of my death, I nominate my mother KATHERINE JACKSON, as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.”

Asserts Osofsky, “Whatever odd or inexplicable things Jackson may have done during his life, he seems to have taken steps to provide for his children’s care, financial needs and privacy after his death. That’s more than I can say for a lot of people.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

You’re checking your email. A message from someone you don’t know has arrived. They’re begging for your help. The situation might seem contrived or even preposterous, but you are tempted. You can’t help reading it. Your experience in growing up during the Great Depression has instilled a spirit of always wanting to help someone in need, and this message is even better: If you do help this person, providing information about yourself or your finances, sending some money, the writer promises that you will be rewarded many times over. You fall for it. Perhaps you succumb more than once.

Sometimes a postal mail, email, or telemarketing call identifies you as a lottery or contest winner. It doesn’t matter that you never entered; this fact is clouded by the fact you’ve won. Why would someone tell you that you’ve won something when you haven’t?

Because, as is too often the case — you’ve been scammed, that’s why. Less sophisticated online than many younger people, and vulnerable also to cheats in the “snail” mail, American elders are often victimized by fraudulent scam artists eager to separate them from their money. Duped elders have lost assets acquired over a lifetime – sometimes losing tens or hundreds of thousands of dollars.

With the Internet’s global reach, African countries like Nigeria and Sierra Leone have emerged as “scam industry centers.” Elderly victims tend to fit a profile. They often live alone, may have recently lost a loved one, or may be experiencing the early signs of diminished capacity. Besides routine crime prevention steps that can be taken to protect a loved one, an attorney specializing in Elder Law can establish some protection from con artists by building effective language into trusts and estate plans. In extreme situations, a trusted family member can be given power of attorney over bank accounts and financial matters. But being scammed can be painful for young and old alike.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Ken Ziel came to the nuts and bolts of compassionate care the hard way. When his son Austin was born in 1990 with multiple disabilities, he was fearful that his son would not be approached with the same level of skill, compassion, and love that he and his wife could provide. Among other things, Ziel learned that without individualized instructions or personalized care guides, the very act of providing care could prove problematic.

Enter the system Ziel invented, Caregiver360®. An easy to use interactive Web service that assists in creating a safe and secure Personal Care Guide, it can serve as a comprehensive database of intimate experience, knowledge, and specific needs of your loved one. Besides providing immediate access to this personalized care guide, this Web-based service (economically priced at < $10.00 per month) makes available ample caregiving resources through a searchable online library. Testimonials on Ziel’s website address a potpourri of circumstances where hiring at-home caregivers and complementing their efforts with Caregiver360® might prove practical – children with chronic illness, adults with developmental disabilities, compassionate Alzheimer’s care, assorted elder issues, and persons suffering traumatic injuries such as brain stem encephalitis.

When you’re faced with a loved one in need of 24-7 at-home care, just getting away for an afternoon or evening can be a hurdle. It can be an even greater challenge to plan care for your loved one’s future if you were to become incapacitated or pass away. Locating and hiring a caregiver qualified and skilled enough to address your loved one’s needs is difficult enough. But that carefully selected caregiver will need detailed lists of instructions so that all your best intentions concerning your loved one’s needs are addressed, including a litany of “what ifs?” Caregiver360® can keep a record of all details, regimens, and instructions including prescriptions and medications, and update and communicate that information as circumstances change. To have this comprehensive record linked to the latest research, resources, and best-practice recommendations at the click of a mouse can be a comforting resource.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.