June 29, 2026  • By Dennis Beaver

We’ve all seen and heard ads for assisted living facilities in newspapers and online and on the radio and television.

But until a family member has a stroke or some other physical or cognitive impairment, most of us don’t know very much about how assisted living, senior living or memory care facilities work. Or, to be specific, how they are supposed to work and what red flags look like.

I sure didn’t either, until “Julie,” a close family friend, became the victim of medical malpractice. Following a “simple” operation, the 62-year-old retired teacher’s electrolyte chemistry wasn’t properly monitored, resulting in dangerously low blood calcium levels that triggered muscle spasms, convulsions, seizures, a coma and brain damage.

She now can’t walk or use the bathroom without assistance, needs someone to help her eat and has significant cognitive impairment. For the past three years, she has been living in a studio room at an assisted living facility that is part of a nationwide operation.

The facility claims to provide, among other things, 24-hour care and support, food prepared by a chef, an on-site restaurant where families are welcome to dine as well and much more.

These amenities are common in the industry. But in Julie’s case, the reality appears far different. Each time we visit, we see a care facility for older people and the infirm racing downhill while monthly charges are increasing.

How cost-cutting harms residents

“It is more than a reduction in the services for people like Julie, who is effectively bedridden. They are putting residents’ lives at risk,” said “Suzanne,” who works at Julie’s facility. With my assurance that she could speak freely and confidentially, she described what happens when profits and cost-cutting come first.

I learned from Suzanne that what is happening here is not a rarity in this business and that red flags are everywhere — if you know where to look and ask questions.

‘They stopped caring’

“I have been in this field for over 25 years, and this is the third assisted living facility I’ve worked at, some from opening day,” Suzanne said. “Most start out in full compliance with all the promises listed in their contract and then gradually limit services.

“When Julie first came here, things were top-notch. But over the past year, the lack of contractually promised care has fallen dangerously.”

Suzanne told me about:

• Residents who push the emergency call button they wear around their necks and wait over an hour for someone to respond: “Some have fallen, can’t get up, and it is so sad to see this.”

• A failure to conduct frequent, daily checks on patients: “Recently, one gentleman had been dead in his bed for hours.”

• While contracts and brochures described chef-prepared meals, some meals were actually cooked by a handyman. The menu, which offered a variety of meals catering to all sorts of residents, has been slashed by over half, and people are upset. Portion size has been reduced because of cost-cutting, leaving many residents hungry.

• Most of the servers have been fired from the restaurant where families could have meals with residents. People are told to immediately leave the premises after eating, and tips left on the table are being taken by managers.

• Managers routinely take cash donations from families that are intended for holiday and other staff parties. One spouse became furious when they asked a staff member, “So how was the party we all paid for?” and heard, “What party?”

Before you sign a contract

When an assisted living facility’s sales department gives you the opportunity to visit, make sure you look closely at three primary areas:

• Residents’ well-being
• Staff interactions
• Cleanliness

Red flags include:

• High staff turnover
• Residents who appear unkempt
• Management who will not give you a straight answer

After speaking with Suzanne and seeing the situation for ourselves, it’s clear you should also try to make unannounced visits by yourself and with other family members, at different times of the day, observing how staff interact with residents.

Speak with residents and their families if possible. Ask them what they like — and what they dislike.

There is a massive amount of highly useful information available online. You should print out the AARP Assisted Living Checklist and go through it with the sales staff at every facility you visit.

Each time we visit Julie, many of the other residents of the facility seem to be longing for human contact. Yes, science and medicine keep them all alive. But are they?

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post ‘They Are Putting Residents’ Lives at Risk’: Behind the Scenes at an Assisted Living Facility appeared first on Dennis Beaver.

For readers whose parents, grandparents or other family members are over 65, the twin storms of dementia and Alzheimer’s disease could be headed in your direction.

These joint nightmares steal the very essence of humanity from their victims, causing irreversible deterioration of mental faculties, often driving both patient and family care givers to the brink of madness.

As author Lisa Cerasoli learned this caring for her grandmother, Nora Jo, “The pain of these horrible conditions drills itself right through the heart and soul of family, especially when caring for a family member. With issues of property and money belonging to your loved one, families are often torn apart.

“The last thing anyone wants to deal with are legal problems. Fortunately, my grandmother had thought about that years before she was became ill and her lawyer had her sign all of the proper documents giving me the ability to care for her and handle financial affairs.

“What I’ve learned from speaking across America about caregiving, is that most families don’t have these important documents in place, so that when a loved one receives this diagnosis, it is often too late, and your once loving extended family can turn on itself,” she told You and the Law.

Cerasoli brings home the reality of these conditions and tells readers what to expect in her award-winning book, “As Nora Jo Fades Away — Confessions of a Caregiver” and documentary short “14 Days with Alzheimer’s.” She writes with humor, but when you watch the video, have a box of Kleenex handy.

“Families need to deal with these matters when everyone is healthy, if at all possible. It’s that ounce of prevention which means there is one less hassle when your world turns upside down,” she maintains, and we completely agree.

Three critically important documents

When asked, “What are the most important documents children should encourage Mom and Dad have prepared by their lawyer?” estate planning attorneys Linda Monje of Bakersfield and Michael Noland of Hanford, gave identical answers:

(1) A HIPPA authorization for the release of medical information;

(2) An Advance Health Care Directive;

(3) A Durable Power of Attorney

No HIPPA? Then family and friends are denied needed medical information

“On a HIPPA form, you list the individuals who your doctor may release information to. Without it, while somewhat less of a hassle for married couples, it can be a nightmare for other family members or friends who call the doctor. They will be stonewalled, as it is illegal to release information to people who you have not designated,” Monje observes.

Noland believes that adult children need to be aware of these issues, “especially if a parent’s behavior suggests dementia or Alzheimer’s. Their illness could stand in the way of making sound judgments, and irrationally, they may not want you to speak with their doctors. But if that HIPPA authorization was signed well before, you will have access to medical records and their health care providers.”

Both attorneys recommend that anyone you have designated has a copy, as well as having one available when traveling.

Advance Health Care Directive

“What if you have a stroke, an accident, unconscious in a hospital, and health decisions need to be made? The Advance Health Care Directive, lets your physician, family and friends know your desires regarding health care, including end of life decisions,” Monje stated.

Noland was quick to point out: “A great deal of thought must go into who you designate as the person to make these decisions. The best time to decide is when you are healthy and not under time pressures. Remember, you will be giving someone the ability to discontinue life support.”

Durable Power of Attorney can prevent family power struggles

“With a Durable Power of Attorney you name someone to act for you regarding assets, dealing with third parties, making personal and financial decisions if you are unable to do so because of incapacity. The main benefit is that it may avoid the necessity of going to court to have a conservator appointed. It can go into effect immediately, or spring into effect upon the determination of incapacity by a third party such as your physician,” Noland explained.

“These are risky, powerful documents,” cautions Monje. “You’ve got to be so careful who you give this power to — the wrong person could wipe you out financially.”

“And what if mom was just diagnosed with Alzheimer’s or dementia? It is too late?” we asked.

“In such a case, a declaration executed by her primary physician will be necessary to confirm her capacity and ability to direct the preparation of these documents, understand their content and powers she is giving to a third party,” Noland pointed out.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Aging parents? Documents you must have appeared first on Dennis Beaver.

“Earlier this year, while out running errands for my 83-year-old parents, “Sandy and Robert,” with whom I live, a solar salesman from Utah-based Mint Solar suddenly showed up at their home, and in no time, they signed a contract for a $20,000 lease financed with a 20-year loan. I only learned of this days later — after the three-day cooling period for in home sales had elapsed and then the system was installed but never hooked up to the Pacific Gas and Electric’s grid. Not only that, but we received a notice of Preliminary Lien from the installer who had not been paid. We’ve tried calling Mint, but get voice mail and no one returns a call. Can you help? Thanks, Terry.”

No research on Mint ever done 

Had the elderly couple taken just 60 seconds and Googled Mint Solar, they would have seen these comments: “Misappropriation of funds. Misleading and unqualified company. Lie after lie after lie. They don’t pay their employees! Lack of basic human decency.”

We learned that Mint is a real class act, ripping off the couple’s own salesman $30,000 in unpaid commissions. “I finally had to admit to myself having been duped by management, and there are salespeople and customers across the country in the same situation,” he told us. We confirmed his statement independently.

Our readers are visibly impaired, admitting to having significant memory and reasoning problems which should have been obvious, “But we believed the salesman,” Robert stated. Solar salespeople are famous for having their sense of honesty, ethics and morality surgically removed before being unleashed on America’s elderly.

It’s 3 p.m. What are your parents or grandparents up to?

If you do not protect them from themselves, who will before it’s too late? And, just what can you do? Stay with us, as Southfield Michigan-based Certified Financial Planner Sandra D. Adams – who also holds a Masters in gerontology – sets out a strategy for children and grandchildren to help steer their aging family members out of harm’s way.

Isolation leads to being scammed

“When adult children or grandchildren, like your reader, discover what happened, they will often yell, “Why did you do this? Why did you let the person in?” The answer is often found in one word: Isolation. Even when family are all in the same city, our nation’s aging population is more isolated than at any other time in our history,” Adams observes, adding:

“The need to talk with someone, to have human contact with a person who appears to care about their welfare, all of this leads to being scammed. But research shows when family maintain frequent and close contact, they will be phoned before that contract is signed.”

Make mom and dad aware of what’s out there

Will readers who like to be accused of being gullible or stupid, please raise your hands. Hmm, no one?

“The same applies in helping your aging relatives to see what dangers are out there. One way to do this by referring to a newspaper article, or what you ‘heard’ happened to a friend’s father, in an informative tone of voice. Remember, you want them to buy into the idea of running these kinds of decisions by family first. Without saying it directly, you are encouraging them to make sure their antennas are up, aware of potential traps.”

“In fact, you can encourage asking for your recommendations by asking their advice, such as, ‘Gramps,’ I am considering about doing this. What do you think?”

“By expressing respect for his opinion, showing that you are vulnerable and open to asking for his advice, he will be more comfortable in bouncing decisions off of you when it is his turn.”

Current scams target new Medicare cards 

New Medicare cards are being issued without using Social Security numbers, reducing the chance of identity theft.

“Con artists are contacting the elderly and falsely insist on obtaining proper identification before the new card is sent out. The fear of not getting the new card leads to revealing all sorts of personal information. As this is pure gold, the crook opens a bank account in the elderly person’s name, establishes direct deposit with Social Security and steals their money.”

There is a time for ‘The Conversation’

Working with the elderly as a financial planner, Adams sees the results of parents and grandparents who seek to maintain control by refusing to keep their responsible children aware of what they own and where it is.

“The key is to ask for their help so that you will be there to help them, and keep in close contact. Prevention is the operative word,” she concludes.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are your parents about to sign a contract? appeared first on Dennis Beaver.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Before locking him in the basement — protecting Dad from himself and others appeared first on Dennis Beaver.

Last week we answered a question from Jenny, a 32-year old reader who wanted to know if she needed a will.

“I’m single, never been married, no children, rent an apartment and own my car. I’ve got checking, savings and retirement accounts and both of my parents are in good health, living in San Diego,” she wrote.

“At this stage of my life, do I need a will, or is there some other way of transferring property, making sure that funeral expenses are taken care of and possibly leaving something to my nieces and nephews for their education? At most, if everything I had were to be sold or cashed in, the total would be less than $50,000. “

Use beneficiary designations

As we mentioned in that article, Jenny can accomplish her goals without a will, as she puts it, at this stage of her life, “by carefully doing the right things,” in the opinion of two California Central Valley estate planning lawyers, Melvin Thompson of Bakersfield and Michael Noland from Hanford.

“In part, that would include having money or property transferred to these family members, after her death, by using beneficiary designations which are found on checking, savings, investment, retirement, IRA accounts, life insurance and other financial instruments.”

“At the time an account is opened, you will be shown the Payable on Death section and can designate who will receive the funds upon your death. If this is done correctly, there is no need for a will, and the money or property will be transferred directly to that person when a death certificate is produced. The Department of Motor Vehicles also has a simple procedure of transferring vehicle ownership,” Thompson stated.

“However, Jenny really should have a will as a backup in case something goes wrong, such as not properly identifying beneficiaries on the accounts. Also, if a beneficiary dies, or she and that person died together – say, in an accident -without a will, the money in that account would go to Jenny’s heirs, and that might not be the person or people she would want to receive the assets,” Noland points out.

Planning for the unexpected

“What happens if she has a stroke, illness or a brain injury and can’t handle her own financial affairs? How do you plan for the unexpected?” I asked.

Noland described two separate documents which, “At a minimum, your reader, or anyone in a similar situation absolutely needs and takes so much pressure off of family.”

They are:

1) A Durable Power of Attorney for Financial Management, Personal Care and Nomination of Conservator

2) An Advanced Health Care Directive

“The Durable Power of Attorney for Financial Management, Personal Care and Nomination of Conservator allows a spouse, family member or trusted friend named to make decisions regarding the management of Jenny’s assets, acting for her while she is disabled and unable to do so herself. The document may require the person designated, along with a physician, to sign a declaration that the individual is incompetent, unable to manage their own finances and needing the person designated to do these things for them.”

“It is extremely important that the people selected must be trustworthy and able. In a very real way, your financial future could be in their hands for a short period of time, or years. These are truly serious matters. These documents provide important powers to others – don’t be in a hurry to name just anyone,” Noland cautions.

Finally, Noland believes strongly that having an Advanced Health Care Directive “Is one of the most important documents you may ever sign, as it gives you the right to designate a person who can make health care decisions – including termination of life-sustaining treatment – if you are incapacitated and cannot make those heath care decisions on your own.”

Our advice: use a lawyer

All of these documents can be prepared without the assistance of a lawyer.

Over the years, this column has been contacted by many readers in tears because they went the do-it-yourself route, filled out the forms incorrectly, and now a loved one was in the hospital. Suddenly, it had become a rush to find an attorney and then going to court for the appointment of a conservator: time-consuming and expensive.

How expensive? When you involve the courts, look at $3,500 to $5,000 – or more in some cases. Why run that risk when an experienced estate planning attorney will charge from $700 to $1,000 for exactly what you need.

In a very real way, having these documents done right the first time buys you what you need, and which has no price tag: peace of mind.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Care about your family? You need these documents appeared first on Dennis Beaver.

Getting older isn’t for sissies, and the more prepared you are for cognitive decline and the issues that come with it, the better your life will be.

Do you worry about a friend or family member who is getting on in years? Perhaps you even worry about yourself? When was the last time you looked in a mirror and thought, “Where did that wrinkle come from? It wasn’t there yesterday.”

A bit scary, isn’t it? “Life is great until it isn’t, until Mom or Dad, Grandma or Grandpa — or you — slips and falls, winding up with bruised ribs at best or a hip fracture, and everything is suddenly upside down,” observes M.T. Connolly, author of The Measure of Our Age: Navigating Care, Safety, Money, and Meaning Later in Life.

Connolly is an attorney and social researcher focused on elder justice and a 2011 MacArthur Fellow. She was the founding head of the Justice Department’s Elder Justice Initiative. In my experience, she is one of a handful of lawyers truly dedicated to making a profound difference in our society instead of fattening their bank accounts.

We had a long and fascinating chat about the common mistakes and assumptions we often make about the reality of aging in America. Here are some of the things she says many of us do wrong:

1. Don’t plan ahead, assuming there will be plenty of time when a crisis hits.

Consequences: You have less control, less knowledge than you need to navigate options, thereby reducing your chances of a good outcome. Crises will come, and planning ahead can help you understand how to navigate the various choices, how you might pay for them and which ones might be a better fit for you or somebody in your family.

2. Don’t talk about our care preferences — who will provide it and where — assuming that when the time arises, our preferences will be totally clear.

Consequences: You end up with suboptimal outcomes for the person who needs care. One option is getting care at home, but who will provide it? A family member, a friend, a paid caregiver or volunteers from a church or a community organization? If you need or want a facility, what type makes the most sense? A nursing home, assisted living, a group home, a CCRC (continuing care retirement community)? How will you pay?

Don’t let this just happen by default. A frequent, terribly sad situation is when an older adult who already has some issues, such as mental health or developmental disability issues or substance use, is taking care of a family member. As the caregiver gets older, they’re no longer able to provide the needed support, and the tables turn. A younger person with real challenges thrust into a caregiving position can be a recipe for disaster. So address these issues well in advance.

3. Assume older caregivers can do it all alone and there is no need to involve anyone else.

Consequences: Caregiving should not be a solo endeavor, but many of these people are very much alone. So, divide the tasks: Who is going to help out on what day? Who is going to handle insurance issues? Who will drive Mom to doctor’s appointments and help with groceries?

Caregivers can’t go it alone for very long. Talk about how you’re going to support the caregiver as well as the older person.

4. Don’t plan on paying for long-term care — there’s always Medicare.

Consequences: Medicare pays only for rehab, hospice and acute care and even then with limits. It does not cover long-term care. Most private health plans do not pay at all. The expenses can wipe out a family’s finances.

Once a person is impoverished, Medicaid will cover long-term care, but it can be hard to find caregivers or a quality nursing home that accepts Medicaid. We do not have a coherent long-term-care system.

It is many families’ biggest uninsured expense. People need to understand that going in.

5. Don’t name a trusted person for your financial institution to contact in case of suspicious transactions on your account.

Consequences: Older Americans often are targeted for their money — which can be gone before you even notice that something is wrong. By adding a trusted contact to your account, the financial institution will have another person to call to say, “We think something is going on here that is problematic.”

6. Don’t designate a power of attorney for health care or finance until there is a medical emergency or a diagnosis of dementia or Alzheimer’s.

Consequences: A power of attorney is a private agreement between two people and requires mental capacity to contract. If you don’t enter into a power of attorney while the person still has mental capacity to do so, you’re stuck and your family is stuck with an expensive and onerous guardianship proceeding that strips you of your rights.

7. Don’t worry about staying in touch with other people.

Consequences: Isolation and loneliness are the enemy. They make you more vulnerable in all sorts of ways to worse physical and mental health and for being financially exploited.

8. Assume all doctors are the same and that you don’t need a geriatric specialist.

Consequences: Older people are not just graying or wrinkled adults. We have specific needs. Comprehensive care by specialized geriatric providers improves health and extends independence.

The Measure of Our Age is essential reading for older people and their families and friends, attorneys, accountants, physicians, clergy — in short, anyone who deals on a personal or professional level with the aging population of America.

And you’ll know by looking in the mirror.

The post Eight Don’ts to Keep in Mind as You and Your Loved Ones Age appeared first on Dennis Beaver.

The stock market has recently been in a free-fall. America has not experienced this level of fear since the days of the polio epidemic, which, at its peak in the 1940s and 1950s would paralyze or kill over half a million people worldwide every year.

During those decades, polio outbreaks in the U.S. crippled an average of more than 35,000 people yearly. Parents were frightened to let their children go outside. Travel and commerce between affected cities was restricted. Public health officials imposed quarantines on homes and towns where polio cases were found.

Sound familiar?
America survived polio with the development of vaccines in 1955, rendering the country essentially polio-free since 1979.

The Coronavirus – Estate Planning Attorneys Kept Busy

“Suddenly business owners – from mom and pop shops to CEO’s of large corporations–are meeting with estate planning lawyers like no other time than I can recall,” says Bakersfield estate lawyer, Patrick Jennison. Appointment books are getting filled.”

Jennison’s experience is validated by estate attorneys I spoke to across the country, including Tom Hjerpe and Angela Petrusha, from Eureka, California. Their paralegals told me, “We are getting calls from folks who have put off establishing an estate plan and can’t wait to see us.”

Petrusha observes, “People are afraid of their entire family getting wiped out. Business owners want to be sure that a plan is in place which will assure the continuity of daily business operations.”

Over 60? – Need to Assure Continuity of Daily Personal and Business Activities

As this virus has a special ability of wreaking havoc on people over 60–that segment of the population who are business owners or CEO’s of major companies–it is critical to address the ‘What if I get it’? now and not put this off,” Jennison observes, asking:

“If you are a business owner do you have a succession plan in place for the operation of your business in the event of your incapacity and the management and ownership of your business if you die?”

In fact, all the estate lawyers I spoke with were in complete agreement as what Americans–especially business owners–need to know, and do now.

So, here is a paint-by-the numbers list of things to address if you do not have an estate plan in place that deals with the possible contingencies caused by the Coronavirus, or as Petrusha puts it, “The need to have a Remote Contingent Beneficiary.”

“Especially now, you need to have a ‘Plan C’ where everyone is wiped out, including your contingent beneficiaries, such as grandchildren. So, your estate plan would contain a paragraph essentially stating, ‘If all else fails–if the people I have named to receive money or property have died, then, I would like my estate to pass as follows.’

“People will typically mention charitable organizations, or other specific beneficiaries so they still have control over what happens with their estate, rather than have the state in which they reside decide under the rules of intestate succession.”

I asked, “What happens if in my will or trust documents I say, ‘Under no circumstances is any of my property to go to my good-for-nothing, miserly cheapskate sister-in-law, and she dies–the whole family dies–and I have not created a ‘Plan C?”

“Then,” Petrusha answered, “Your property might easily pass to her surviving heirs under the state’s laws of interstate succession. So you will have failed to keep your property out of their hands even if it’s not what you wanted. That’s why this ‘Plan C’ is so important.”

Establish a Power of Attorney

But what if not everyone is wiped out, but key decision makers as well as heads of household–fall ill, become temporarily incapacitated and are not able to pay bills, taxes or take care of family and business related financial obligations? Then what?

Hjerpe, Jennison, and Petrusha each provided an identical answer: “You need a Durable Power of Attorney.”

Let’s say the virus has landed you in a hospital, or you are bottled up at home and can’t get out to take care of business, and/or and your ability–your mental capacity–to manage your affairs is impaired because of illness. Having a Durable Power of Attorney in place allows a trusted friend, family member or perhaps business associate to take money out of your bank account, pay your bills, even make a court appearance for you.

“That person becomes your agent–your feet on the ground–and can legally act for you, so be careful who you select,” Hjerpe stressed, adding, “Giving that power to the wrong person is an invitation to be taken to the cleaners, so be careful!”

Have An Advanced Health Care Directive in Place

An advanced health care directive is a document that explains how you want medical decisions about you to be made if you are unable to make these decisions yourself. It allows your health care team and loved ones know what kind of care you want, or who you want to make decisions for you when you can’t.

“In this age when more and more people are living together without being married, having an Advanced Health Care Directive can prove incredibly important, depending upon in which state you reside in and if you have established a Domestic Partnership,” Jennison points out.

“If not, and you are not married, then the well partner could be viewed as a ‘stranger’ and have no rights to be informed about your health or treatment. Also, that person would have no input into important health decisions.

“You do not want to be in a situation where your financially incompetent son or daughter has this power to end your care–to end your life–looking for an easy way to grab mom or dad’s money,” he underscores.

Where is Everything?

For many of us, our financial lives are online. And lots of people do not receive bills in the mail. Now, assume that you wind up in the hospital, on a respirator, unable to communicate, bills are piling up but no one knows your banking passwords, internet provider, Netflix, other bills and on it goes. Or, you have a safe-deposit box, but only you can get in.

How do we address those issues? Petrusha asks these questions:

“Do all appropriate family members have essential information in the event of your incapacity or death, including the location of important estate, business and financial documents, names and contact information of accountants, attorneys, investment advisors and related business professionals?

“Create a journal listing all these people, the bills you pay monthly, insurance, tax, and so on, to lessen the burden on family members from scrambling to re-construct your financial life. It is difficult for most people to imagine the challenge of working through both grief and the financial realities following death or incapacity. So, consider the people who you love, who love you and lessen their burden. Taking the time to this will give you (and them) great peace of mind.”

Hjerpe stresses the importance of knowing who your current bank account, life insurance, IRA or pension beneficiaries are.

“These things are outside of an estate plan and are governed by contract law. So often a couple divorces but changing the designation of a pension beneficiary is overlooked and remains the same for decades. Then the divorced spouse remarries, he or she dies, but pension benefits go to the former spouse listed as beneficiary! It is a very sad situation, and completely avoidable.

“Be sure you know who are listed as beneficiaries on bank or investment accounts with a Pay Upon Death clause. Have a contingent beneficiary in the event the first person pre-deceases you.”

“I’ll Will Put My Son’s Name as a co-owner of my house – That’s How I Avoid Probate!”

“We hear that often, and it is so dangerous! Consider the possibility that your son causes an auto accident? You could be forced to sell your home if he is sued! Also, by making him an owner now, upon your death he loses the ‘Stepped up tax Basis,’ which could cost him thousands of dollars in lost inheritance capital gains tax. Don’t do it! Without the approval of your CPA and attorney, do not put assets in joint names,” Jennison cautions.

Have a Family Meeting Now

The three California lawyers I interviewed for this story, as well as every lawyer I spoke with, coast to coast, had this compassionate advice, which I paraphrase:

“This is the time for a family meeting with–hopefully–your mature, financially competent adult children so the transition of management and wealth within the family can be effectively handled.

“The ongoing threat and reactions to the Coronavirus are causing us to engage in deep reflection regarding our personal health and wealth which is especially important to business owners and CEO’s.

“A significant percentage of Americans have never had a living trust and the accompanying estate planning documents prepared by an attorney who specializes in this area.

“Many have had such a plan prepared but it has not been reviewed in several years. Let us hope the virus will simply fade away, but until then, your own mental health will be so improved by addressing these issues now.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Families, Business and the Coronavirus- If the Unimaginable Happens appeared first on Dennis Beaver.

March 12, 2016 • By Dennis Beaver

The day we discover that our parents are no longer able to care for themselves brings with it one of the greatest challenges in our lives as adult children. Now, we have become parents of our parents, at times needing to protect them from themselves; and at all times from a world turned hostile.

Finding a safe place for mom and dad is one of the most frightening concerns which families across our country face every day. How do we find a care facility that delivers on the promises in its glossy brochure?

Just ask attorney Michael Crowley of the Eureka-based Janssen Malloy law firm. In 2010, as one of the lead trial counsels in the most significant class action of its kind in the United States against Skilled Health Care Group, he and his team would place before a jury examples of horror and mistreatment of defenseless elderly which could have come straight out of the Syfy channel — only it was all too real.

A $637 million verdict was returned against this giant corporation by a jury outraged by not just thousands of violations of law, but by the look and smell of someone’s mother, someone’s father, ignored for hours, dehydrated, malnourished and soaking in their own urine and fecal matter.

In a moment, we’ll share Crowley’s recommendations on how to find a good facility, but first, if mom or dad are in a bad one, he explains why it can be a death sentence.

“Their business structure was based on systemic under staffing of facilities and yet billing as if they had adequate numbers of personnel to care for residents. This violated California’s Patient’s Bill of Rights, and similar legislation on a federal level and in other states.

“The company was making millions of dollars of profit this way, the big cash cow being Medicare payment. As Rehabilitation Care brings in the largest dollar amount, they had an interest in making sure the facilities were full of patients with the most needs.

“By definition, the reason these people are in a skilled nursing facility is because they are a vulnerable population. Up to 70 percent cannot communicate effectively due to a stroke, Parkinson or, dementia. They are helpless; some are blind, some deaf, and all rely on the staff for everything.

“When you fill a facility with patients who have the greatest needs and are not delivering adequate care, truly horrible things happen,” Crowley tells You and Law, outlining what the lawsuit uncovered:

Residents were not turned or changed, were left in their own waste, in urine all night, leading to pressure ulcers, and bedsores so bad that infection resulted, sometimes leading to amputations and death.

Overly sedated, left in their own beds, there was no social interaction. Some were given food they could not chew or swallow and chocked. Severe dehydration and malnutrition was common. Many fell, winding up with a broken hip—which is a frequent death sentence for the elderly.

Do your homework

No one should ever think that what Crowley’s lawsuit uncovered with this large corporation was unique “It isn’t,” he is quick to underscore, adding, “This is a problem everywhere, placing a duty on family members to be diligent in their efforts to reduce the chances that mom or dad winds up in one of them.”

So, before signing a contract with an assisted living or skilled nursing care facility, you need to know if they have they been in trouble with the state or Medicare. Crowley explains how to find out:

“A great deal of information is available online, for example, Google DOPNA Orders and read about Medicare denying payment where evidence of neglect and substandard care is found.

“Additionally, you are legally allowed to find and read investigation reports conducted by the Department of Health Services. These reports must be in a binder, open to the public, so, I recommend always asking to see that binder. Also, ask to see their posted staffing schedule. However, as facilities in general do not want the customer to see these reports if they contain negative comments, you will need to be persistent. If they refuse, just leave.”

So, you do all of that and the place comes up clean with no evidence of action by the Feds or Health Department. But it may be far from “clean,” in fact, it could be a family’s nightmare, waiting to happen

We all have a way to determine that—our senses of sight and smell, “Especially smell,” Crowley notes.

What to look at and sniff for, next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Finding a safe place for mom and dad appeared first on Dennis Beaver.

It is likely that you have never heard of the term “orphaned elder,” but you probably know at least one person who fits the definition. Even going further, your concerns could easily be the very same as those emailed to us from Okinawa, Japan by Terry, an officer in the United States Marine Corps:

“My father lives in Central California, and since mom died two years ago, life for him has been difficult and very sad. He is 70, very much alone, and the few times that I have seen him since her death, I am more and more fearful of what will become of him, and just how vulnerable he is, especially where it comes to money.

“He retired from the oil industry and is not a poor man. But I know for a fact that his need to have some company led him to loan money to people who have no intention of paying it back. The few friends that he has try to protect him from those that may befriend him for all the wrong reasons, but something needs to be in place to better protect him and his assets. Do you have any recommendations?”

An aging population getting scammed

“There are a lot of seniors out there who are in that exact same situation,” Chris Kennedy, a California licensed professional fiduciary with Visalia-based Perine & Dicken Professional Fiduciaries & Conservators tells You and the Law.

“They are known as senior or elder orphans, living alone, lonely, have lost a spouse, and their family members are either too far away or do not exist. This makes them terribly vulnerable to being taken advantage of,” he adds.

“One of the more frustrating aspects of advances in medical science is that our population is aging at a dramatic rate, with never-before-considered social costs and very personal, individual and family concerns.

“Dementia and other age- and health-related conditions which reduce mental capacity take a terrible toll on the elderly and their families. While financial elder abuse has always existed, there wasn’t much of it in years past, simply for the reason that people typically didn’t live as long as they do today.

“The baby-boomer generation is now at retirement age, often living further from their children, and with fewer children than preceding generations. At one time in the U.S. and still in countries where large families are common — your children were your Social Security. They took care of mom and dad, protecting and caring for them as they aged. This is a topic of broader concern than we would care to admit at times,” he points out.

“And so today, as with Terry in Okinawa, the main issues include dad being taken advantage of, financially or otherwise, and being cared for when family is not there. Who does the family reach out to? Who do they contact when help is needed? What can be done now?

“These are important questions for families to ask now and have answers — well before a crisis develops — in order to avoid a completely unexpected nightmare they will need to address,” Kennedy maintains.

Ask ‘What if?’ well before the crisis hits

“While kids or loved ones may be around dad now, able and willing to help, what if they are not? What if marriage, work, the military or geography takes them far away, or worse yet, takes them out of the equation? What if they suffer health or financial issues and now the caregiver needs care?

“Both families and responsible elderly themselves need to consider the consequences of financial vulnerability, which is triggered by the fact that dad has assets. How can we assure those assets will be used appropriately? That is a critical question.

“When decreased mental capacity, loneliness and assets are mixed up in the bowl, it is a dangerous recipe that we see frequently,” Kennedy notes.

“This is very difficult to deal with after the fact, after someone has taken advantage of dad. If you do not deal with these issues on the front end, it becomes terribly difficult to handle on the back end,” he observes.

“And, talk about frustration and family pulling their hair out, how can you deal with the situation where dad tells son or daughter that he knows what he’s doing, to mind their own business, that if she really does love him that it’s his life and his money to spend any way he wants to?”

There are ways to deal with this, short of locking your father in the basement, and we’ll explore steps to be taken next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post How can we help our orphaned elders? appeared first on Dennis Beaver.

As my town is located 100 miles north of Los Angeles, it is an ideal stopover for people driving to destinations north or south on Highway 99 or Interstate 5 and has afforded me the chance to meet readers, who are always welcome to drop by our office for coffee.

For the past several years, two couples have made this a yearly event. “Sam” and “Jake” are retired psychiatrists, in their late 80s and have been married for more than 20 years to lovely women they met on a golf driving range and who are 25 years younger than they are. Sam, who is married to “Julie,” has admitted to me privately that he “didn’t want a third marriage.”

Over these yearly visits, I’ve learned they are well-off and reside in 4,000-square-foot homes. They have no debt and have assets and rental income that make paying for utilities no problem. However, fear has begun to haunt Sam.

‘My wife wants us to get solar panels’

Before this year’s visit, Sam phoned to say, “My wife is pressuring me to get a solar panel system installed because several of our friends in the area are putting these systems in, using a one-person company recommended by their wives’ massage therapist. But the expense and time for a payback can’t be justified at our age and limited life expectancy, and I would like you to discuss this with all four of us when we come down.”

As planned, we discussed buying or leasing a solar system, the fact that they would need to install a new roof ($15,000), neither had family at all interested in inheriting a house with solar panels, and selling a home with solar panels is no walk in the park.

Sam’s and Jake’s age weighed heavily against them living long enough to see a return on investment of the at least $40,000 that installing solar panels would cost them. A solar system plus battery backup adequate for the size of their homes would take a minimum of 15 years to achieve a payback. As they had no financial issue with paying for energy, getting solar at their age wouldn’t make sense. Plus, they could not assume their children or an eventual buyer of the home would even want their solar system or any system.

I printed out several articles — with pros and cons — that I urged them to all read before the sales presentation that had been arranged by the massage therapist for the following week. When they left our office, it was clear that everyone agreed they just didn’t need solar.

Then came the high-pressure sales presentation

Both men phoned the day after the high-pressure, you’ve-got-to-sign-today-to-get-these-prices sales presentation, which was attended by the massage therapist.

“Would you believe it?” Jake said. “Sam’s wife wanted to sign for a $70,000 system, with battery backup, right then, but he put his foot down.”

Sam was almost in tears, his voice trembling, and he kept repeating, “I can’t go through another divorce at my age.”

Later that day, Jake called back: “I am worried about Sam. Julie is trying to please the massage therapist.”

Within hours, Sam called back, too, and said, “Well, I’ve got to keep Julie happy, so we will probably buy something from the guy.”

What this really looks like

I ran this situation by California private investigator Riley Parker to ask him what could be done to protect Sam from what looks like elder financial abuse.

He replied, “Dennis, cops and private investigators tend to become cynical, as we see so many of these situations. While there are, of course, wonderful marriages with large age differences, what you are describing here just feels like a wife who could be seeking, and finding, a different kind of attention than her husband can provide. It is obvious there is no way to justify solar at their ages. Someone had better protect Sam’s assets, as Julie may already have begun taking advantage of him. Possibly, his son or daughter could be appointed to take charge of his affairs. Also, Sam obviously knew this solar scheme didn’t feel right, and most people would stop there, but he caved in. That is serious. Sam’s best defense is common sense and gut feeling.”

I asked Parker whether it would help to know more about the massage therapist, by doing a background or licensing check.

Parker said, “California is one state where there is no license requirement to be a massage therapist, but even if he were licensed, he should not be the focus. Sam needs to have an accountant go through his assets to see what, if anything, is missing. If he can trust his adult children, then he needs to open up to them. We do not know what his wife has done. Is she waiting for him to die? That is a serious question, especially if there are unexplained withdrawals from his bank accounts. A divorce could be the least of his worries, even at his age.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post If It Looks Like Elder Financial Abuse, It May Be Just That appeared first on Dennis Beaver.