elder law presentation [read only]

Estate Planning/Elder Law and Technology for Independent

LivingFebruary 4, 2010

Attorney Terry L. CampbellMoertl, Wilkins & Campbell, S.C.

Suite 1017, 330 East Kilbourn AvenueMilwaukee, Wisconsin 53202-3163

(414) 276-4366

www.lawmwc.com

Hostility toward the legal profession is a widespread phenomenon.

The legal profession was abolished in France in 1789 and complaints about too many lawyers are common today in the United States.

The Devil's Dictionary defined lawyer as “one skilled in circumvention of the law”.

The estate planner or elder law attorney is often spared this criticism.

Often still viewed as a “family advisor”.

Not all estate planners are elder law attorneys and vice versa.

The traditional estate planner:

− Wills and Trusts

− Powers of Attorney

− Probate

The elder law attorney's legal services often include:

− Medicaid Planning− Medicare/VA Benefit Issues− Powers of Attorney (perhaps from another

viewpoint)

Our firm concentrates in estate planning and elder law.

The previous slides listed the role of the attorney in legal matters. The fact is that the role of an attorney in these areas goes beyond providing legal advice.

− The Dysfunction Factor− Loss of independence− Caregivers− Financial Planning and Assistance

Dysfunction

1. Scattering of Families

2. Changing Values

3. Divorce Rate

4. Lack of Communication

5. Greed and Abuse

Loss of Independence

1. Dementia

2. Driving

3. Leaving the Home

4. Physical Impairments

Caregivers

Who

How and

Where

Financial Matters

1. Assistance With Investments

2. Paying Bills

3. Organizing and Maintaining Records

Law Offices Are Changing

1.Simple Changes

Becoming a Resource Center

FacilitiesAdvisorsCaregiversCase ManagersBillpaying Department

Law Offices Are Changing

1.Dramatic ChangesHiring non-attorney professionals such as geriatric case managersOffering comprehensive life plans – not just estate plans. A long-term road map for total care. A plan to maximize independent living for as long as possible and examines how long-term care, financial, physical and psychological needs will be met.

Technology is a tool that will often allow a client to accomplish his or her goals.

Technology is an appropriate spend down

item for Medicaid.

Technology can ease family tensions and the burdens of the member of the family assuming the bulk of the responsibilities.

An out-of-state child can check in and be

assured all is well.

A watch system can aid or get rid of an investigation by the Department of Aging. This would help in a guardianship action or assist in dismissing one.

Focus is always on remaining independent and staying at home. To serve our clients, we need to be aware of the ways technology can better the lives of our aging or disabled clients.

Technology can provide the boost to remain independent and also remove some of the fear of being alone.

Medication Management

Products and services now available that:Dispense medications at prescribed quantities and times.Reminder alarm when medication is dispensed.Reminder alarm if medication is not retrieved.

Medication management at home.

Social Connection and Health Assessments

Web-based communications:Allow tele-caregivers ability to check in.Family members can use system to chat face-to-face with loved one anywhere in the world.Review medication and wellness monitoring.

Goal continues to allow the client to be cared

for in the least restrictive environment to

live life as independently as possible.

Emergency Assistance

Alerts to seek help – 24-hour emergency help.

Seniors who live alone are twice as likely to

have a fall than those living with a spouse or

friend.

At least one service combines this with safety-

medication monitoring services.

Adaptive Devices

Bracelets allow people to keep track of dementia

wanderers via radio signals.

Shoes that contain GPS technology.

Tracking devices for vehicles.

Special easy-to-use cell phones.

Elder law and estate planning involve more than just drafting documents and discussing wills and trusts, Medicaid and probate.

Infirmities of aging and the loss of loved ones bring fear of the loss of independence. Alleviating these fears and helping our clients remain independent for as long as possible requires us to be aware of options and available services, many of which are offered by technological advances.