Senator Dianne Feinstein Alleges Financial Elder Abuse

Close up shot of an old woman wearing glasses

Senator Dianne Feinstein has sued to remove the trustees of her late husband’s estate, and in the process accused them of committing financial elder abuse.  There are two charges; 1 that they have refused to respond to any requests for disbursements and; 2 that they have financially enriched his daughters from a prior marriage.  Diane’s daughter, Katherine Feinstein, has a limited durable power of attorney to act as her representative in litigation.  Steven Braccini, the attorney representing Blums two daughters told the San Francisco Chronicle the trustees “have acted ethically and appropriately at all times; the same cannot be said for Katherine Feinstein.  This filing is unconscionable.  The trustees have always respected Senator Feinstein and always will.  But this has nothing to do with her needs and everything to do with her daughter’s avarice.”  He claims delays in payment are due to the lack of liquidity in the estate and the fact that a large tax bill needs to be settled before any claims can be paid.

 

More Changes On The Estate Planning Front

The I.R.S. is giving widows and widowers more time to deal with complicated estates after one spouse dies.  Typically, when one spouse dies, the other one gets all or part of the estate tax-free.  The surviving spouse can also carry over the deceased’s unused estate tax exclusion if they file an estate tax return and choose what the IRS terms “portability.”  Previously, a surviving spouse had only 15 months to file the return.  Under new rules, however, the window for filing was extended to two years in 2017 and then last week it was raised again to five years.  Talk to your tax accountant if you have any questions about the new rule.

Montage Health To Hold Advance Planning Health Care Directive Workshop January 10

Join Joy Smith, a Registered Nurse and a member of the Palliative Medicine Service team at Montage Health Care on January 10 for an Advance Planning Health Care Directive Workshop on January 10 from 1:00 to 3:00 p.m. at the Ryan Ranch location of Montage Medical Group in the Hazen Education Center.  At the meeting, you either start or update your Advance Health Care Directive and other important documents, and then submit your paperwork to Community Hospital of the Monterey Peninsula (CHOMP).  For more information, call 625-4977.

https://www.montagehealth.org/classes-events/search-results-detail/?eventId=b7650967-b63d-ec11-a843-000d3a611ea2

Monterey, CA Family inHome Caregiver Blog : Elder Abuse Series Article 5 : Abandonment

An old woman with an injured face

As an owner of a Home Care Organization serving senior citizens, I hate to see them being taken advantage of and abused.  Unfortunately, on the Monterey Peninsula this is all too common. 

What You Should Know About Senior Abuse
There are, unfortunately, myriad ways that seniors can be abused.  It’s often at the hands of a trusted friend or family member, or even a professional or family caregiver.  I will be exploring all 7 types of abuse over several blogs, the first of which appeared here:

https://familyinhomecaregiving.com/monterey-ca-family-inhome-caregiver-blog-elder-abuse-series-article-6-0-financial-elder-abuse/

The 7 types of elder abuse are: Financial, Physical Abuse, Sexual Abuse, Emotional or Psychological Abuse, Neglect, Abandonment, and Self-neglect. In this second blog on Abuse we will discuss sexual abuse.

Why Elderly Abandonment Is an Issue and How to Avoid It
Elder abandonment is a serious problem in our society and many thousands of people every year suffer from the consequences of this issue. Whether it’s neglect, irresponsibility or malicious action, it’s an issue that has to be addressed, as it can threaten any family who has the responsibility of caring for a senior. Understand why elderly abandonment is an issue, how you can avoid it, and how a solid estate planning attorney can be of help in this area.

What Is Elderly Abandonment?
Elderly abandonment occurs when someone responsible for the care of an elderly person deserts or otherwise fails to provide the necessary care. In Ohio, neglect is essentially defined as failing to provide the goods and services necessary to avoid the risk of physical or mental harm or illness, and abuse refers to the act of inflicting or otherwise knowingly or recklessly causing harm, anguish or pain to another person.
Abandoning an elderly person would qualify as abuse by neglect under state statutes. Usually elderly abandonment can be defined as deliberate desertion of a senior in need of care, be it by dropping them off at a care facility or leaving them in a public place. Note that just because someone leaves an elderly relative at a care facility, that doesn’t mean they haven’t abandoned them, especially if they just drop them off and leave them there.

Effects of Abandoning a Senior Loved One
The effects of abandonment can be devastating. If the senior is afflicted with dementia, Alzheimer’s or another cognitive impairment, they could forget who they are, where they belong, or even what they need to do, to seek treatment for their condition. Even if they aren’t suffering from a cognitive issue, the effects of abandonment can lead them to depression, illness, and even death. It’s every bit as bad as any other form of neglect.

Causes of Elder Abandonment
There are a number of contributing factors to elder abandonment. The person in charge of providing care could feel overwhelmed or unable to cope with the responsibility. They might be unreasonably resentful to the point where they can’t deal with the situation anymore. In the worst cases, they are vindictive in their actions.
In some cases the abandonment occurs because the responsibility falls into someone’s lap because it hasn’t been properly defined or shared. These cases, unfortunately, are all too common and can result from poor estate or end of life planning. It’s important for loved ones of elderly people to understand how responsibilities will be split and shared among the family.

How an Estate Planning Attorney Can Help
Estate planning attorneys do far more than just help to file wills. They can work with the family to establish a clear delineation of responsibilities should a senior loved one fall under the need for care. Rather than placing all of the responsibility on one person, everyone can agree to take on a part, thus spreading the responsibility around and making it far easier to deal with.

Take Care and Stay Healthy
Richard

 

Give The Gift Of A College Education To Your Grandchildren, And Do It Tax Free

When doing your estate planning, if you plan to include your grandchildren in your estate, consider giving them some of the money sooner rather than later so that they can get a good college education.  In 2021, you can give up to $15K ($30K with a spouse) to anyone, with no limit on the number of recipients or tax consequences, for either you or the person receiving the gift.  You can consolidate five years of giving into a $75K gift payable over five years, according to the IRS.  If the tuition is paid directly to the school, you can give an unlimited amount tax-free without having to file a gift tax return.  The funds can be used for tuition only, not books, supplies or room and board (Kiplinger’s Retirement Report, August 2021, P11).

Monterey, CA End Of Life Planning Must Be Addressed In This Pandemic : By Derek Baine

At Family inHome Caregiving, we always encourage our clients to have a nutritional diet, get enough exercise and do estate planning like setting up a living trust, signing a POLST and power of attorneys for both medical and financial.  However, getting exercise in this coronavirus environment is difficult and you would be surprised how many people have not set up end-of-life paperwork.  Kate De Bartolo, director of the Conversation Project, believes that end-of-life-care planning is something that more and more Americans will embrace dearly in light of the pandemic, even younger people.  Traffic and downloads of end-of-life planning material have surged this year, she noted.  One thing that has been highlighted in the pandemic has been that many people may change their mind about asking for all available life saving methods in their POLST and medical power of attorney.  Given that COVID-19 victims are isolated and can’t see their family and friends before they pass away may make living pointless under those lockdown conditions.

https://www.facebook.com/TheConversationProject/posts/end-of-life-care-planning-is-something-many-put-off-says-kate-debartolo-director/3651234638270719/

Click on the link below to find more a bout end-of-life planning from Community Hospital of the Monterey Peninsula (CHOMP) and Aspire Health Care.

https://www.aspirehealthplan.org/2020/07/29/getting-started-advance-care-planning/

Carmel, CA Estate Planning In A Coronavirus World : By Derek Baine

AARP Bulletin in their November 2020 issue (page 22) had an interesting article about more and more couples looking at estate planning now that the coronavirus is making the future outlook uncertain.  Keep in mind that you can write a will at any time, even if you are sick in the hospital.  Most estate planners recommend setting up a living trust, which gives you a lot of flexibility on how your assets are distributed following your death.  Experts warn that doing a joint will for a couple is a terrible idea—they aren’t even legal in some states.  Leaving more to one child than another almost guarantees that the will could be challenged.  Stepchildren aren’t automatically treated as children for legal purposes.  There are a lot of moving pieces in an estate plan so consult with your attorney.

Pebble Beach, CA Estate Planning In A Coronavirus World : By Derek Baine

AARP Bulletin in their November 2020 issue (page 22) had an interesting article about more and more couples looking at estate planning now that the coronavirus is making the future outlook bleak.  Keep in mind that you can write a will at any time, even if you are sick in the hospital.  Most estate planners recommend setting up a living trust, which gives you a lot of flexibility on how your assets are distributed following your death.  Experts warn that doing a joint will for a couple is a terrible idea—they aren’t even legal in some states.  Leaving more to one child than another almost guarantees that the will could be challenged.  Stepchildren aren’t automatically treated as children for legal purposes.  There are a lot of moving pieces in an estate plan so consult with your attorney.

End Of Life Planning Must Be Addressed In This Pandemic

A woman in Floral dress sitting in the chair and smiling

At Family inHome Caregiving, we always encourage our clients to have a nutritional diet, get enough exercise and do estate planning like setting up a living trust, signing a POLST and power of attorneys for both medical and financial.  However, getting exercise in this coronavirus environment is difficult and you would be surprised how many people have not set up end-of-life paperwork.  Kate De Bartolo, director of the Conversation Project, believes that end-of-life-care planning is something that more and more Americans will embrace dearly in light of the pandemic, even younger people.  Traffic and downloads of end-of-life planning material have surged this year, she noted.  One thing that has been highlighted in the pandemic has been that many people may change their mind about asking for all available life saving methods in their POLST and medical power of attorney.  Given that COVID-19 victims are isolated and can’t see their family and friends before they pass away may make living pointless under those lockdown conditions.

https://www.facebook.com/TheConversationProject/posts/end-of-life-care-planning-is-something-many-put-off-says-kate-debartolo-director/3651234638270719/

Monterey, CA Advanced Healthcare Planning, Polst, Will & Living Trust Workshop At CHOMP

A woman in Floral dress sitting in the chair and smiling

Nobody likes to think about dying, but it is extremely important that you prepare for the inevitable by drawing up an Advanced Healthcare Directive, POLST, Living Trust and Will so that your wishes are carried out.  Join experts at Community Hospital of the Monterey Peninsula, CHOMP, on Monday, February 8 from 4-5:30 p.m. or on Tuesday, February 23, from 10:00 to 11:30 a.m.  Learn how to document your wishes, receive expert medical coaching and submit your documents.  To register, click here www.chomp.org/planning.