NJ Laws Email Newsletter E253
Kenneth Vercammen, Esq
August 15, 2007
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In This Issue
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1. Alzheimer's Lesser Known Devastation - Is Your Family Poised to avoid it?
2. Elder Law 2007 Seminar materials available
3. Suppression reversed where inconsistent stories by driver and passenger. State v. Baum
4. If arrestee transported to police station, full search permitted. State v. Daniels
5. How to approach your parents about their Estate Plan.
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Greetings Kenneth Vercammen,
1. Alzheimer's Lesser Known Devastation - Is Your Family Poised to avoid it?
By: Dana E. Bookbinder, Esquire
With the incidence of Alzheimer's disease growing at an alarming rate, no one can afford to postpone long term care planning. The June 18, 2007, issue of Newsweek as well as the June edition of AARP Bulletin both report that Alzheimer's currently afflicts over 5 million Americans, and the numbers are expected to rise dramatically, especially as millions of baby boomers are reaching their 60s. According to the recent AARP Bulletin, one in eight people 65 and older currently has Alzheimer's, and half of those 85 and over are afflicted with it. While scientists search for drugs to prevent and remove deposits of plaque in the brain and Congress considers legislation to double funding for Alzheimer's research, families must work to protect themselves.
Alzheimer's takes a tremendous emotional, physical, and financial toll on families who must contend with it. The disease can last many years, and its course is unsteady and varies with each case. Caring for an Alzheimer's victim is also a round-the-clock job. Our office has worked with many individuals caring for a relative prone to wandering at any time of the day or night. The caregiver must tend to both the physical needs of the Alzheimer's patient and his or her safety. Many caregivers intend to keep their loved one at home, but once the disease has substantially progressed and the afflicted individual exhibits erratic behavior and physical problems, a long-term care facility becomes the only viable option. Otherwise, the burdens of providing care eventually would cause the caregiver's own health to diminish.
Because an individual with Alzheimer's eventually does not recognize his or her closest relatives and may even be subject to bouts of yelling or violent behavior, the disease puts enormous strains on family relations. Relationships between siblings are strained as well as relationships between parents and their children. Having worked with families who are contending with Alzheimer's disease for many years, our firm has assisted in many situations where one son or daughter is shouldering the burden of caring for an elderly parent while having to address criticisms by other siblings who do not appreciate the severity of their parent's condition. Sibling relationships often deteriorate when it becomes necessary to hire care providers outside the family. Today, nursing homes charge over $8,000 per month in our area and even home care runs a few thousand dollars a month. Often, the siblings who are not providing care wish to avoid these expenses to preserve a potential inheritance. Contrary to popular misconception, Medicare only covers extremely limited long-term care expenses. Even a home health aide can cost over $20 an hour. Siblings who are not the primary caretakers are best advised to witness the everyday limitations of their parent first-hand and to support their sibling who is the primary caretaker by providing short term respite care or help with errands.
According to the recent Newsweek article, the number of Alzheimer's cases is expected to more than double by the year 2050. In light of this chilling prediction, all individuals must have their estate planning documents in order. These include a Will, Advanced Directive for Health Care, and General Durable Power of Attorney. It is equally critical that family members communicate with one another to discuss health care wishes as well as financial issues and whether long-term care insurance policies are in place. When interviewed by Newsweek, Mark Shalloway, president of the National Academy of Elder Law Attorneys, explained the necessity of a General Durable Power of Attorney by stating that even after a catastrophic illness occurs, routine financial and legal decisions must continue to be made with banks, doctors, etc. For those who are concerned that entrusting others with their financial affairs is risky, the law requires agents under powers of attorney to act in good faith. Otherwise, they may be subject to court proceedings.
Families who are engaging in asset protection planning already know that Medicare cannot be counted on for long term care expenses. They understand that affording assisted living or nursing facilities, home care, or continuing care retirement facilities requires advanced planning. Though scientists are now hopeful that the next generation of Alzheimer's drugs currently under testing will be more effective than previous treatments, our current health care system demands that each of us takes responsibility for our own care in our later years. Proactive legal planning brings the astronomical cost of this care within reach for families of diverse financial means. For those who seek counsel, family finances and relationships are much healthier.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law
2. Elder Law 2007 Seminar materials available
Changes in the law and Expanding an Elder Law Practice. American Bar Association Annual Meeting Program - San Francisco
Materials available for Free! Send email to kenvnjlaws@verizon.net
3. Suppression reversed where inconsistent stories by driver and passenger. State v. Baum __ N.J. Super. __ 14-2-7526 5/30/07
In this appeal, the court reversed the trial court's suppression of marijuana and cocaine seize in the course of a traffic stop for driving a vehicle with dark tinted windows and without an inspection sticker. The court approved the twenty-six minute roadside investigation that was expanded beyond the initial reason for the stop when the nervous driver failed to produce a license or insurance card and did not know who owned the car. In addition, the driver and passenger told inconsistent stories regarding whether they had traveled to New York by bus or in the car in which they had been stopped.
4. If arrestee transported to police station, full search permitted. State v. Daniels __ N.J. Super. __ 14-2-7525 5/31/07
Resolving an issue left open in State v. Dangerield, 171 N.J. 446, 463-64 (2002), the court held that when police effectuate a lawful arrest, even for a minor Penal Code offense, and decide to transport the arrested person to headquarters for processing, a full search of the arrestee is permitted; the police are not limited to a Terry type pat down. Here, defendant was arrested for the petty disorderly persons offense of defiant trespass. As a result, the search of his person prior to being placed in the police car, revealing cocaine, was proper.
5. How to approach your parents about their Estate Plan.
By: Thomas D. Begley, Jr., Esquire
Begley & Bookbinder often hears from children who are concerned that their parents may not have an estate plan in place. The children are worried that if something happens to one or both parents, then the children will not be equipped to assist their parents, and many times the children have no idea where the parents stand financially. Understandably, these subjects may be hard for children to discuss with their parents. The children do not want to appear greedy, and the parents may fear loss of control or independence. The discussion foreshadows a role reversal between parents and children, and therefore the conversation can carry heavy emotional weight. Dysfunctional families face additional challenges when trying to assist senior family members. The upcoming summer months may present an opportunity for parents and children to visit and thus can be an ideal time to approach this issue.
How can you approach your parents about these issues?
· Get Your Own House in Order. First, you should get your own house in order; make sure that you have executed your own will, durable power of attorney, and advance medical directive. After you learn about these tools, then you should be able to approach your parents by referring to your work with an elder law attorney and what you found out.
· Approaching Your Parents. Then ask your parents if they have done the same planning. The goal is to balance safety with independence, and to not wait until an emergency strikes to start planning. Don't first ask them if they have done a will; this approach can reinforce any impression of greediness on your part, and it can scare away those parents who don't want to think about their own mortality. Focus instead on the durable power of attorney and advance medical directive; ask your parents who can make financial and medical decisions for them if they cannot make them for themselves. Many parents may assume the worst - that you are asking because you plan to put them in a nursing home and wrest control of their finances. To avoid this reaction, you can give the example of a temporary disability that may require someone to help pay the bills or make medical decisions. If your parents already have a plan in place, then see if they will let you know where they keep their documents.
· Your Parents Attorney. If you can, ask to review their documents and get the name of their attorney. The attorney may not be able to talk with you at that point in time, but you will know where to turn in case of an emergency. If your parents do not have an estate plan in place, then you should suggest that they make an appointment with an elder law attorney. Your parents may let you schedule an appointment for them, but you need to be aware that the parents, not the children, will be the clients of the attorney.
· Location of Important Documents. You will also want to know where your parents keep other important documents and things like safe deposit box keys, birth certificates, passports, deeds, insurance policies, investment and bank statements, tax returns, Social Security numbers, and medical insurance cards and information. If your parents do not want to share this information with you, then ask them to prepare a list and let you know where the list can be found in case of an emergency.
· Financial Assessment. You should assess your parents' current financial situation to see whether your parents have sufficient income and resources to meet their needs.
· Long Term Care Insurance. You may want to consider purchasing long-term care insurance for your parents if it is affordable and they can qualify. If your parents will not discuss these issues with you, then you should ask a trusted friend of your parents to talk with them to encourage a family dialogue.
Begley & Bookbinder, P.C. can assist families with their estate and long-term care planning needs. If plans need to be made or if existing plans need to be changed, the time to accomplish these objectives is prior to an emergency, while the parents still have the capacity to get their affairs in order.
Begley & Bookbinder, P.C. is an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
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Edison, NJ 08817
(Phone) 732-572-0500
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website: www.njlaws.com
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