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Consider Home Security Systems for the Elderly

June 29, 2011 by Kristina Vickstrom, Esq.

Home security systems can be extremely useful for all home owners, but they can be particularly beneficial to the elderly and senior citizens. As elderly people often stay at home during old age, these systems can provide reassurance, as well as added security.

There are many benefits to be had from installing a home security system. Not only do such systems act as a deterrent from intrusion, but they can also be used to raise the alarm should such an intrusion take place. Surveillance cameras and motion sensor technology can provide a high level of security, which is particularly beneficial for more vulnerable member of the community. For elderly people who might be concerned that they would be unable to alert authorities in the event of an intrusion, it can be extremely reassuring to know that this would happen automatically. This can also provide reassurance for those who live some distance from their elderly relatives. [Read more…]

Filed Under: Uncategorized

Can I Contest My Sister’s Will?

June 9, 2011 by Kristina Vickstrom, Esq.

In the coming years we will see a  marked increase in the number of cases challenging the legality of a will on the grounds of mental incapacitation of the person making the will. Though the reason for the increase in will contests is debatable, the growing number of elders with medical issues affecting their cognition; the transfer of wealth between World War II and baby boomer generations; and the change in the traditional nuclear family certainly play a role. [Read more…]

Filed Under: Elder Needs, Estate Plan Review, Family, Gifting, Trusts, Uncategorized, Wills Tagged With: caregivers, elder, estate administration, estate planning, Probate Court, will contest

Parent-Child Role Reversal

June 3, 2011 by Kristina Vickstrom, Esq.

Most everyone would say that they want to be independent and remain in their own homes as long as possible. This sense of autonomy can be kept in place longer than ever before due to medical advances, assistive devices, and in-home care provided by family members and private caretakers. However, what happens when an elder can no longer remain safely in their home and an adult child is trying to get them the help they need?

Esther is 89 years old. She has lived alone since the death of her husband 23 years ago. She gave up driving two years ago, but is regularly visited by her children and grandchildren, who take care of errands or drive her to handle things herself. Lately, she has been rather unsteady on her feet. Mother and DaughterAdditionally, she has been very forgetful and once left the stove on all night. She is also having trouble remembering to take her medications. There were so many her daughter, Susan, sorts them every week into a pill box. Esther still forgets to take them and sometimes actually doubles up on doses. Susan can see its time for more help but Esther is adamant about not having strangers in the house and doesn’t want to end up in “one of those places…” [Read more…]

Filed Under: Conservatorship, Elder Needs, Family, Guardianship, Health Care Proxy, Uncategorized Tagged With: caregivers, Durable Power of Attorney, elder, elder law, elder law attorney, elders, estate plan, fall, Family, home bound, major life events, seniors

Pet Trusts Arrive in Massachusetts

May 5, 2011 by Kristina Vickstrom, Esq.

I’ve written about Pet Trusts in a previous blog. They have many benefits for pet owners concerned about what would  happen should their animal outlive them. However, until recently, Pet Trusts were not available in Massachusetts. New Massachusetts legislation took effect on April 7th, 2011, bringing this important Estate Planning tool to the Bay State.  The remainder of this week’s blog was edited from an article written by Attorney Gina Barry of Bacon Wilson, P.C. in Springfield. [Read more…]

Filed Under: Estate Plan Review, Trusts, Uncategorized Tagged With: elder, elder law, estate plan, estate planning, Massachusetts Legislation, Pet Trusts, Trusts

Be an Advocate When Your Loved One Is Hospitalized

March 11, 2011 by Kristina Vickstrom, Esq.

My friend’s father spent several days in a hospital recently due to a heart condition. His treatment was excellent and he recovered and was discharged appropriately and in a good time frame. He has returned to his activities unscathed. But, there are many patients who are not so lucky…

Joanne suffered a stroke two days ago. Although they expect her to make a near full recovery, the incident shook the family. Her grandson found her on the floor while taking in her newspaper. The hospital is planning to discharge tomorrow, feeling that they have done their duty to perform tests and diagnose what caused her stroke. Joanne’s daughter, Kerri, doesn’t agree with the doctor, but decides that “the doctor knows best,” and is happy to have her mother go home. Joanne’s son, Ben, feels quite differently and adamantly opposes the discharge plans and feels that Joanne should undergo more testing and some time should be taken to develop better rehab options and to get a plan in place to avoid this from happening again. In the end he doesn’t push the subject, because, “Kerri should make the decisions for mom. She’s the daughter, right?”

Many are discharged from the hospital too early, and their health can suffer. Hospitals have strong financial incentives to discharge Medicare patients as quickly as possible. Huh? Wouldn’t the hospital make more in fees if it held a patient longer? Not necessarily, Medicare generally pays hospitals flat rates based on the type of medical problem being treated. So, if the hospital spends less money on your care than Medicare pays, it makes money.

To protect your parent from being discharged too quickly, Medicare gives you (yes, YOU) the right to appeal hospital discharge decisions. At or near admission, and usually again before discharge, a hospital must give you a notice which explains that the patient may appeal if the patient or their representative (either with the patient’s permission or through a Health Care Proxy) believes they are being discharged too soon. The notice also explains how to file an appeal.

Know your rights. If you think your parent, or loved one, is not ready to leave the hospital, discuss your concerns with the doctor and the hospital staff. If your concerns are not resolved, file an appeal and ask for an expedited review. Be an informed and effective advocate – be involved in their care.

Filed Under: Uncategorized

Protecting Your Elderly Loved Ones From Scams

February 24, 2011 by Kristina Vickstrom, Esq.

This week’s blog is guest post from Micha Shalev, owner of Dodge Park Rest Home in Worcester.

Adult children and caregivers play an important role in helping older people avoid scams. Oftentimes seniors are lonely and looking for someone to talk to, and unfortunately scammers prey on this.  Sit down and talk to your elderly parents. Remind them not to give out personal or financial information to a stranger — no matter how friendly or persistent the caller or visitor is. Even if someone claims to represent a well-known charity, your loved one should hang up the phone.

Here are some of the con artists’ favorite senior-directed scams:

Telemarketing Fraud – Fabulous offers – A scammer will call or send a letter or e-mail alerting you that you’ve won a big prize or that you can buy a product, perhaps prescription drugs, at a great price. Hang up the phone.

Health Insurance Fraud and Fraudulent “Anti-Aging” Products.

  • Never sign blank insurance claim forms.
  • Never give blanket authorization to a medical provider to bill for services rendered.
  • Ask your medical providers what they will charge and what you will be expected to pay out-of-pocket.
  • Give your insurance/Medicare identification only to those who have provided you with medical services.

Counterfeit Prescription Drugs frauds – Use caution when purchasing drugs on the Internet. Do not purchase medications from unlicensed online distributors or those who sell medications without a prescription. Reputable online pharmacies will have a seal of approval called the Verified Internet Pharmacy Practice Site (VIPPS), provided by the Association of Boards of Pharmacy in the United States.

Funeral and Cemetery Fraud – Be an informed consumer. Take time to call and shop around before making a purchase. Take a friend with you who may offer some perspective to help make difficult decisions. Funeral homes are required to provide detailed general price lists over the phone or in writing.

Reverse Mortgage Scams – Reverse mortgage scams are engineered by unscrupulous professionals in a multitude of real estate, financial services, and related entities to steal the equity from the property of unsuspecting senior citizens aged 62 or older or to use these seniors to unwittingly aid the fraudsters in stealing equity from a flipped property. Reverse Mortgages themselves are not scams, but some have preyed upon unsuspecting seniors and taken advantage of good intentions.

Phony Mortgage Offers. If you have a bigger mortgage than you can afford comfortably, watch out for companies that offer to negotiate a payment plan or loan modification. The fraudster might claim to be affiliated with your lender. You might be told to pay upfront fees. If you’re having trouble making your payments, call your lender, an attorney, or find a housing counselor approved by the U.S. Department of Housing and Urban Development.

Phony banks. Watch out for callers who claim to be from your bank or credit card company. They’ll tell you they’ve noticed suspicious activity on your credit card and want to check it with you. You’ll know the call is not legitimate if the caller asks for your credit card or Social Security number to confirm he’s talking to the right person.

Phony emails. Beware of e-mails from what purports to be a trusted institution asking for your Social Security number or account numbers. Phony Bank of America and Citibank messages are common. One prevalent scheme is an e-mail promising you a tax refund from the IRS — except the IRS doesn’t e-mail taxpayers.

Investment schemes. If you think you can tell a con artist from a legitimate adviser, consider this finding from a major study: Investment-fraud victims are more financially literate than nonvictims. The hook: a promise of high returns with little risk.

Micha Shalev MHA is the owner of Dodge Park Rest Home at 101 Randolph Road in Worcester. He can be reached at 508-853-8180 or by e-mail at m.shalev@dodgepark.com or view more information online at www.dodgepark.com.

Filed Under: Uncategorized

Bankruptcy for Seniors: An Option to Consider

February 7, 2011 by Kristina Vickstrom, Esq.

Harry and Sophie retired about ten years ago. They live in a small house in Shrewsbury with no mortgage and had primarily been living off of their Social Security, retirement accounts, and their personal savings. In the past few years they have all but exhausted their savings due to unexpected medical costs. They have been living off of their credit cards. Just one of Harry’s prescriptions alone is more than $120/month. Their rising debt has topped $230,000. They can barely pay the minimum on their credit cards and have been considering tapping into their retirement funds to try to pay off some of their debt. Their children try to help but Harry does not want to let them know just how bad it is. This is not how they pictured their golden years… [Read more…]

Filed Under: Uncategorized

Joint Bank Accounts for Seniors: Yay or Nay?

January 12, 2011 by Kristina Vickstrom, Esq.

Many seniors currently need assistance paying their bills and managing their finances, or may need help sometime in the future.  It’s important to have a trustworthy person authorized to manage your finances should you be unable to do so yourself.  Are joint bank accounts a good option? [Read more…]

Filed Under: Durable Power of Attorney, Elder Needs, Gifting, Longterm Care, Uncategorized Tagged With: caregivers, Durable Power of Attorney, elder

How the New Massachusetts Safe Driving Law Affects You or Your Elderly Loved One

October 29, 2010 by Kristina Vickstrom, Esq.

The Safe Driving Law has officially become effective in Massachusetts as of Sept. 30, 2010.  Massachusetts now joins an increasingly growing number of states that ban texting while driving.  However, a major part of this bill is also targeted at elderly drivers who are over the age of 75.

On June 2, 2009, a 93-year-old driver hurt a mother and toddler in a stroller when he drove his car into a Danvers Wal-Mart. He stepped on the gas pedal because he thought he was stepping on the brake.  The next day, a 73-year-old Middleboro driver accidentally drove her minivan into a crowd of people attending a Vietnam War Memorial in Plymouth. As a result, eight people went to the hospital. Read this blog for more information.  In an effort to reduce the number of accidents involving elderly drivers, Massachusetts legislators passed the new Safe Driving Law. [Read more…]

Filed Under: Elder Needs, Family, Uncategorized Tagged With: caregivers, elder, elder law, Legislation, Massachusetts Legislation, worcester

Online Legal Documents Company (LegalZoom) Sued Over Flawed Estate Plan

October 12, 2010 by Kristina Vickstrom, Esq.

This week I’m reposting a fantastic article from ElderLawAnswers about the dangers of online do-it-yourselfing when it comes to planning your estate. Caveat Emptor (Buyer Beware!)

One of the most prominent sellers of do-it-yourself wills and other estate planning documents, is the target of a class action lawsuit in California charging that the company engages in deceptive business practices and is practicing law without a license.

The lawsuit was filed in Los Angeles Superior Court on May 27, 2010, by Katherine Webster, who is the niece of the late Anthony J. Ferrantino and the executor of Mr. Ferrantino’s estate. [Read more…]

Filed Under: Conservatorship, Durable Power of Attorney, Estate Plan Review, Trusts, Uncategorized, Wills Tagged With: estate plan, estate planning

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Vickstrom Law, PC
Kristina R. Vickstrom, Esq.
255 Park Avenue, Suite 507
Worcester, MA 01609
508.757.3800


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