Attorney Blog

New DRA Medicaid Rules Threaten Life Estates

Box1@HabigerElderLaw.com (blog Author)37460 — Wed, 18 Aug 2010 08:00:00 EST

Illinois has been in violation of the Federal Deficit Reduction Act (DRA) since 2006. The DRA will soon be implemented in Illinois, and it radically changes the rules of Medicaid qualification for the payment of nursing home expenses. If a senior has already "deeded" their home to their children or other heirs, but retained a Life Estate, they were ill-advised because their home is not protected.

The effective date of the new Illinois rules is currently unknown, but seniors who have retained a Life Estate need to consult with an elder law attorney as soon as possible. Life Estates under the Illinois Medicaid rules have a value and thus the senior who retained a Life Estate has an interest in the home to which a lien can be attached by the government. In short, every southern Illinois senior who has an interest in a home or other real estate, indeed any savings, investments, or other assets will be profoundly affected should they need, at any time in the future, financial assistance to help them to remain at home, or for care in an assisted/supportive living facility or nursing home. To read the entire article click here.

Richard Habiger is the author of the Illinois edition of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, and is an elder law attorney who focuses on asset protection, Medicaid and VA benefits.
You may contact Richard at 618-549-4529 or info@HabigerElderLaw.com.

Disinheriting a Child Requires Special Provisions

Box1@HabigerElderLaw.com (blog Author)37292 — Thu, 12 Aug 2010 08:00:00 EST

Parents or grandparents of a special needs child need to know that they do not need to disinherit the child or grandchild in order for the child to maintain their eligibility for Medicaid or other governmental benefits. However, in other situations, clients will occasionally tell me about a child or some other heir that they want to disinherit. This is not surprising, since there are often facts in these situations that may drive the client to take such extreme measures. For example, the child may have a substance abuse problem. My estate planning colleague in Wealth Counsel, attorney Greg Turza, offered the following comments, and I am sharing them with you:

Has one of your children run off and joined a religious cult where he was taught to reject his parents? Or become a compulsive gambler--or even worse -- a criminal?

Disinheriting a child who has become estranged from his family is often understandable. Knowing how to do it right is critical if you want to avoid court battles over your estate when you are gone.

Generally, children have no right to inherit under a will or trust. In Illinois you can exclude a child from your will or trust simply by omitting the disinherited child's name. But this can lead to costly litigation.

Suppose after you die the disinherited child claims that the omission was inadvertent? Or a product of "undue influence" by the children who were included? Costly litigation will erode their inheritance.

To avoid this calamity the best policy is to specifically mention the disinherited child and state explicitly your decision. For example: "I acknowledge the existence of my son Michael Smith but have decided to make no provision for him as beneficiary."

Remember, sometimes children are disinherited simply because they are wealthy or because the other children need more help. In such a case consider as an alternative: "It is not for lack of love and affection that I have decided to make no provision for Michael Smith in this instrument."

To disinherit a child or heir requires attention to detail. Knowing how to do it right is critical to preserving your estate from expensive court battles when you are gone. However, if you have a disabled child or grandchild, you should not disinherit the child in order to preserve her or his entitlement to medical care and other public benefits. Instead of disinheriting a disabled child or grandchild, you may set up a special needs trust to supplement, not supplant, the child's Medicaid and other governmental benefits. Call now to discuss this topic, 618-549-4529 in Carbondale, or 800-336-4529 toll-free anywhere in Illinois, or leave a comment here.

Bankruptcy Can Be An Estate Management Tool

Box1@HabigerElderLaw.com (blog Author)36307 — Tue, 27 Jul 2010 08:00:00 EST

Strange as it may seem, Bankruptcy can be a vital estate planning tool for some. My colleague Suzann Becket is a fellow member of Wealth Counsel. She recently posted the below suggestion that bankruptcy is one tool that fits into your estate management tool set.

What do Abraham Lincoln, MC Hammer, Johnny Unitas, and Walt Disney have in common? They all filed bankruptcy at some point in their lives. These men were all at the top of their field at some point in their professional lives. In some cases, such as Lincoln and Disney, the bankruptcy came relatively early. By taking stock of their situation, and availing themselves of the legal remedy to shouldering a debt they felt they could never recover from, Mr. Lincoln and Mr. Disney were able to start fresh. They both went on to great things afterward.

Johnny Unitas was a superstar quarterback for the Baltimore Colts, while MC Hammer was an entertainer with a highly lucrative career. But having a substantial income does not guarantee that business mistakes, lawsuits, or bad investments won't take their toll. In the case of Unitas and Hammer, their peak earning years were behind them when their financial troubles became insurmountable. Each of them sought bankruptcy protection and both of them were able to recover from their fiscal woes.....

It is likely that much of the public is not aware that bankruptcy can take multiple forms, depending on whether it is filed under Chapter 7, Chapter 11, Chapter 12, or Chapter 13. You may be able to determine which option is best suited to your circumstances by doing a little independent research. But you should never fear the process based on the feeling that you are on your own with no where to turn for help. That is just not the case.

There is also at least a slim possibility that part of the reason some people are resistant to the idea of filing for bankruptcy protection is the fear of embarrassment. The idea of being perceived as a deadbeat who is trying to run out on their obligations may cause some people who would benefit from the law, to continue to struggle and suffer the stress of serious monetary shortfalls month after month. Perhaps it would be worth reminding those people that the intent of the law is to provide options and solutions, not to ridicule an individual who has fallen on hard times, in many cases through no fault of their own.

Henry Ford, Mickey Rooney, Kim Basinger, Debbie Reynolds, and Donald Trump have all filed for bankruptcy protection. Yet their fame and their accomplishments are not diminished by the fact that their finances have left them suffering through sleepless nights, and mounting stress levels at one time or another.

Seeking bankruptcy protection is certainly nothing to be taken lightly. But it can be argued that it shouldn't be avoided unnecessarily, either. Perhaps it is of comfort to some when they realize that they may feel admiration for others who have found themselves in difficult times and sought the legal protection afforded by bankruptcy law. Maybe it is worthwhile to know that we are truly not alone during some of the more stressful and worrisome periods of our lives.

You may not consider bankruptcy as a first option tool in estate planning, but you should always keep it in mind as a potential tool. Times have changed, and bankruptcy is no longer a sign of failure. Rather it has become a business tool as well as a personal tool in managing your estate. If you wish to explore the benefits of bankruptcy, be aware that knowing how and when to use this tool can be critical to preserving your estate from expensive court battles. If this is a topic we should discuss, call me or leave a comment here.

Include your Digital Assets in Your Estate Planning

Box1@HabigerElderLaw.com (blog Author)35327 — Fri, 16 Jul 2010 08:00:00 EST

"Digital" use to mean counting on your fingers. Now, it means storing millions of bits of information in little 0s and 1s...so you can find it when you need it. So, before we leave the topic of Digital Assets, I have one more excerpt from an article by Dennis Kennedy, who is an information technology lawyer and legal technology writer who publishes a monthly column in the ABA Journal. You can find the full text of the article at http://www.abanet.org/lpm/lpt/articles/ftr03103.shtml. The rapid explosion of digital information and accounts is making this a topic of interest to nearly everyone of us.

Inventory Your Digital Assets
I spent a large part of my early legal career as an estate planning lawyer. In the case of either death or incapacity, the first important step is to track down and identify all of the assets, liabilities and other concerns that must be addressed. Once an inventory is created, you can move forward with marshalling and collecting assets, identifying outstanding liabilities and paying them in a timely fashion, and dealing with outstanding issues, such as turning off utilities, canceling credit cards, arranging for storage or disposal and the like.
In the real world, your family and designated successors (personal representative of your estate, trustee of your trust or attorney-in-fact under a durable power of attorney) will be aided immensely by any list of assets and liabilities that you can prepare for them and leave in a place that is easy for them to obtain.
In your digital world, you also want to help your successors by creating an inventory. The more detailed and accurate the better, of course, but even a small start can be of help. Here are some of the things I suggest that you inventory:
• Hardware. Inventorying your hardware seems like an easier project that it actually will be. I suggest that you create a list of your hardware with a summary overview of what is on it. Creating the inventory is likely to be an eye-opener for you. You are likely to find that you have important information not only on the computer system you use everyday, but also on multiple other computers. Many of us have at least one laptop and one or more desktop computers. Many people keep copies of vital information on their work computers. Where do you back up information? You might have many USB flash drives, USB hard drives, backup CDs or DVDs. There might be important pictures still on digital cameras and even information on iPods or other devices.
• Software. Do you use Quicken or another financial program? What income tax preparation programs do you use? Do you create spreadsheets or Word documents with important financial information? If you blog, is there a program that someone would need to use to post news to your blog?
• File structures. Your inventory should sketch out the main folders and places where you keep personal, financial and client files and documents. For someone like me, I also have audio and video of presentations and podcasts that I’d want someone to be able to locate and deal with. You might have important collections of family photos or videos or work in progress.
• Online presence. Create a list of your Web site(s), blog(s), Facebook and other social media accounts, online backup sites, online sites where you store documents, photos or other files, and listservs, groups or other sites to which you belong.
• Online accounts. Amazon and other shopping sites make it easy for you to create accounts and include credit card information. You might also have online access to bank and investment accounts. In fact, in many cases, you might no longer be receiving paper statements for accounts. If you don’t identify these accounts, it will be difficult for your successors to even know that they exist because there simply will be no paper trail. Also, make a list of all the e-mail accounts you have and use. Many of us have several e-mail accounts these days.
• Work information. Lawyers might have access to client sites, collaboration sites, online document repositories or other information that no one else knows about. In addition, they might have access to software, online tools or online databases that someone taking over their work will need to have. In some firms, lawyers might have important network passwords, backup media or other digital assets the existence or value of which is not realized until they are gone.
At this beginning point, you really want to gather and collect as much information as you can for your inventory. You can work on organizing and prioritizing later.
This is a new area of estate planning, and this information is helpful to trigger our thinking about our digital lives…..and which parts of our internet interaction, our home computer, and our business computer have become our digital assets that should be part of our estate planning. My suggestion is that digital assets are well worth organizing and treating as assets of your estate. Your comments or suggestions are welcomed to this blog. And I am available to discuss steps for managing your digital assets beyond the above list…..if advisable, let’s talk.

Secrets to Qualifying for Illinois Medicaid & Veterans' Benefits

blog@www.habigerelderlaw.com (news Author)16239 — Thu, 15 Jul 2010 08:00:00 EST

State Sen. Dave Luechtefeld (R-Okawville), State Rep. Mike Bost (R-Murphysboro) and Carbondale Mayor Brad Cole are hosting their annual Senior Fair at the Carbondale Civic Center on July 29, from 9:00 – 11:00 a.m. Learn about programs that benefit Illinois Seniors. Free informational brochures and Free health screenings will be available. Free admission. Door Prizes. Free Refreshments. Free Health Screenings. Elder Law Attorney Richard Habiger, co-author of the Illinois edition of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets", will be present to help seniors and their loved ones with questions about qualifying for Medicaid and Veterans' Benefits to help pay for the high-cost of long-term care at-home, in an assisted living facility, or in a nursing home.

Free Seminar on New Illinois Medicaid rules to implement DRA

blog@www.habigerelderlaw.com (news Author)16187 — Tue, 13 Jul 2010 08:00:00 EST

Free Seminar July 15, 2010 at 6:00 p.m. on new Medicaid rules - which implement the federal Deficit Reduction Act (DRA) - at MidCountry Bank, 925 West Main Street, Carbondale, Illinois. If you, your spouse, parent, or other loved one will need long-term care in the next 5 years - whether at home, in assisted living, or in a nursing home - you will not want to miss this free seminar. Even if your loved one is already in a care facility, there are things that can be done to help save at least some of their life-time savings. If your loved one is not yet in a nursing home or other care facility, there are many more things that can be done and we may be able to save even more. The key is to not delay. Your first step is to attend this seminar!

Don't forget your Digital Assets when doing your Estate Planning

Box1@HabigerElderLaw.com (blog Author)35328 — Tue, 13 Jul 2010 08:00:00 EST

Before we leave the topic of Digital Assets, I have one more excerpt from an article by Dennis Kennedy, who is an information technology lawyer and legal technology writer who publishes a monthly column in the ABA Journal. You can find the full text of the article at http://www.abanet.org/lpm/lpt/articles/ftr03103.shtml. The rapid explosion of digital information and accounts is making this a topic of interest to nearly everyone of us.

Inventory Your Digital Assets
I spent a large part of my early legal career as an estate planning lawyer. In the case of either death or incapacity, the first important step is to track down and identify all of the assets, liabilities and other concerns that must be addressed. Once an inventory is created, you can move forward with marshalling and collecting assets, identifying outstanding liabilities and paying them in a timely fashion, and dealing with outstanding issues, such as turning off utilities, canceling credit cards, arranging for storage or disposal and the like.
In the real world, your family and designated successors (personal representative of your estate, trustee of your trust or attorney-in-fact under a durable power of attorney) will be aided immensely by any list of assets and liabilities that you can prepare for them and leave in a place that is easy for them to obtain.
In your digital world, you also want to help your successors by creating an inventory. The more detailed and accurate the better, of course, but even a small start can be of help. Here are some of the things I suggest that you inventory:
• Hardware. Inventorying your hardware seems like an easier project that it actually will be. I suggest that you create a list of your hardware with a summary overview of what is on it. Creating the inventory is likely to be an eye-opener for you. You are likely to find that you have important information not only on the computer system you use everyday, but also on multiple other computers. Many of us have at least one laptop and one or more desktop computers. Many people keep copies of vital information on their work computers. Where do you back up information? You might have many USB flash drives, USB hard drives, backup CDs or DVDs. There might be important pictures still on digital cameras and even information on iPods or other devices.
• Software. Do you use Quicken or another financial program? What income tax preparation programs do you use? Do you create spreadsheets or Word documents with important financial information? If you blog, is there a program that someone would need to use to post news to your blog?
• File structures. Your inventory should sketch out the main folders and places where you keep personal, financial and client files and documents. For someone like me, I also have audio and video of presentations and podcasts that I’d want someone to be able to locate and deal with. You might have important collections of family photos or videos or work in progress.
• Online presence. Create a list of your Web site(s), blog(s), Facebook and other social media accounts, online backup sites, online sites where you store documents, photos or other files, and listservs, groups or other sites to which you belong.
• Online accounts. Amazon and other shopping sites make it easy for you to create accounts and include credit card information. You might also have online access to bank and investment accounts. In fact, in many cases, you might no longer be receiving paper statements for accounts. If you don’t identify these accounts, it will be difficult for your successors to even know that they exist because there simply will be no paper trail. Also, make a list of all the e-mail accounts you have and use. Many of us have several e-mail accounts these days.
• Work information. Lawyers might have access to client sites, collaboration sites, online document repositories or other information that no one else knows about. In addition, they might have access to software, online tools or online databases that someone taking over their work will need to have. In some firms, lawyers might have important network passwords, backup media or other digital assets the existence or value of which is not realized until they are gone.
At this beginning point, you really want to gather and collect as much information as you can for your inventory. You can work on organizing and prioritizing later.
This is a new area of estate planning, and this information is helpful to trigger our thinking about our digital lives…..and which parts of our internet interaction, our home computer, and our business computer have become our digital assets that should be part of our estate planning. My suggestion is that digital assets are well worth organizing and treating as assets of your estate. Your comments or suggestions are welcomed to this blog. And I am available to discuss steps for managing your digital assets beyond the above list…..if advisable, let’s talk.

Taking Care of Digital Assets

Box1@HabigerElderLaw.com (blog Author)34925 — Wed, 30 Jun 2010 08:00:00 EST

The following is an excerpt from an article by Dennis Kennedy, an information technology lawyer who authors a monthly column in the American Bar Association Journal. You can find the full text of the article at http://www.abanet.org/lpm/lpt/articles/ftr03103.shtml.

Andy Olmsted was a rare individual, in no small part because he is one of the few who thought carefully about what would happen to his online presence if he were to die. A popular blogger, Olmsted wrote a post before he left for service in Iraq, along with instructions for his survivors to post it to his blog in the event he was killed in action. Unfortunately, it had to be posted. I read the post on the day it appeared in 2008, and I re-read it when I prepared to write this article. It remains for me one of the most moving posts in the history of blogging http://obsidianwings.blogs.com/obsidian_wings/2008/01/andy-olmsted.html.

Tips for Providing Digital Assistance After the Death of Another

It’s possible that as a survivor, you might find yourself in a position where you need to handle someone’s digital affairs. I have a few tips.
• Find knowledgeable technical and legal help.
• In the case of a death, try to get to contact lists, e-mail accounts and social media accounts to notify friends who the deceased would want to be notified.
• Change all passwords as soon as possible.
• Try to understand the totality of the person’s online presence and identify some of the people he or she has interacted with most for assistance, especially in the social media platforms.
• Do not start closing accounts, shutting down hosting and e-mail, or taking other drastic steps until you have a good sense of the individual’s presence and what you are ultimately going to do with it. Keeping a Web site up for a year or more will not be expensive. Shutting it down too early and losing valuable data could be quite expensive.
• Be slow to delete, but when you delete or dispose of computers and drives, delete in accordance with forensic standards so data cannot be retrieved by others.
• Spend $100 on an external USB hard drive and make a copy of all hard drives, flash drives and other data and keep them in one safe place. Once you start to go through the data, you can keep another drive with the “good stuff.”
• Make copies of Web sites and other online accounts.
• Locate all the financial information and client records as soon as possible and aggregate and isolate them.
• Remove credit card information from shopping accounts.
• Err on the side of keeping e-mail, documents and photographs for family members.

The Estate Tax is Not Dead

Box1@HabigerElderLaw.com (blog Author)33772 — Sat, 19 Jun 2010 08:00:00 EST

The estate tax is “dead”! Or is it?

Greg Turza is a fellow estate planning attorney who practices in Skokie, Illinois. He read a recent article on the estate tax situation, and what follows is his summary. His post also includes a link to the more detailed article. And you are welcome to contact me with any of your questions.

The good news is the estate tax is repealed! The bad news is, not for long. Since Bush's 2001 tax cuts went into effect the exemption from estate taxes climbed year by year from $1 million to a high of $3.5 million in 2009.

This year, 2010, is the repeal year but the Bush administration could never garner the 60 votes he needed in the senate to make the repeal permanent.

The consequence is the so-called "sunset" rule. As of January 1, 2011 the law automatically goes back to the way it was in 2001. In the case of the estate tax that means only a $1 million exemption and a top 55% tax rate.

The Obama administration advocates extending the 2009 exemption of $3.5 million on a permanent basis. This appeared to be where the Senate was headed on May 18th when an agreement was reached that had the support of more than 60 senators.

But the deal fell apart when the Democratic leadership decided that it will not allow the legislation to come to the floor for a vote unless the legislation has the support of more than half of the Democrat's 59 votes. Since the Democrats lack 50% support within their party the legislation failed.

Regardless of what happens there will be an estate tax next year. The only question is whether the exemption will be $3.5 million or $1 million –and $ 2.5 million is a huge difference in the plans for millions of taxpayers.

For the full story click here.

The “up-in-the-air” situation with the estate tax is of great concern, particularly for family farmers - many of whom are economically depressed, even though their land may look valuable on paper to an outside observer. Often several generations are dependent on the income that can be generate off the land, supplemented with income from other sources.

It is best to have a plan of action that you can execute quickly once the direction is finally established. If you’d like to discuss ways to assemble a plan in advance, either comment on this blog with your questions or call me at 618-549-4529 or, toll-free, at 800-336-4529 to meet in person.

Help for Seniors - Professional Geriatric Care Managers

Box1@HabigerElderLaw.com (blog Author)33770 — Fri, 11 Jun 2010 08:00:00 EST

The National Association of Professional Geriatric Care Managers (NAPGCM) has a website at www.caremanager.org where you can search for a professional to help with care management and home care for seniors. Laura Herzog, MA, LCPC, who lives and works in southern Illinois, is a long-time Professional Geriatric Care Manager and a member of the NAPGCM. Laura is someone with whom I have worked for a number of years, to whom I have referred a number of clients, and I highly recommend her.

Mary Lynn Pannen, RN, CCM, also is a Geriatric Care Manager and member of NAPGCM. As President of Sound Options, she has built a very successful home care business in the Puget Sound region in the state of Washington. Ms. Pannen recently described her company’s service this way: “Able to transform potentially stressful circumstances into readily manageable solutions, Sound Options works with clients with a wide range of needs and medical conditions.” I was struck with how similar her mission is to my mission in constructing comprehensive and well-thought-out elder care and elder law plans. For those of you wrestling with plans for your older adult parents, I thought you would benefit from this recent blog post by Ms. Pannen.

One of the reasons that I am intrigued with working with older adults is their life stories. I really like listening to how a person summarizes their life or how they remember the simplest detail. Listening is a pleasure and it is so important while helping older adults live out the last chapters of their lives. One can learn so much by listening. As an adult child you may hear things you never knew before and that may allow you to see your parent in a different light. You may learn the very reason for why your parent made decisions – good or bad. I find listening creates for me more understanding and that at the end of the day we all have similar wishes and desires.
1. If possible have your older parent participate in planning their care
2. Create a safe environment for your parent
3. Provide quality of life- this will be different for each person.
4. Talk about the old times. Reminiscing can be very satisfying to both your parent and you.
5. Do not make promises you cannot keep
6. Make sure that their end of life desires are fulfilled
7. Do not forget that your parent is an adult – not a child
8. Provide ways for your parent to remain as safely independent as possible.

Planning and sensitivity becomes even more important with age. And it is even more important to address the personal as well as the factual elements of the situation. If I can be of assistance in “transforming your potentially stressful circumstances into readily manageable solutions”, please, let’s talk. Call me at 618-549-4529, or toll-free, at 800-336-4529.

Paying for Institutionalized Spouse's Care

Box1@HabigerElderLaw.com (blog Author)33031 — Mon, 07 Jun 2010 08:00:00 EST

A very good friend and past president of the National Academy of Elder Law Attorneys, Craig Reaves, who practices in Kansas City, Missouri was recently interviewed by the New York Times. He was asked a question about Medicaid planning for a married couple, one of whom was still working, and where the other spouse needed care in a nursing home.
Craig responded, “There’s no simple, legal way to shelter your income or most of your wealth in this circumstance. Spouses have a legal duty to support each other. The income or assets of a working spouse (known in the Medicaid world as the “community spouse”) must be used for the care of the spouse in the nursing home (in official parlance, the “institutionalized spouse”).”
Craig then laid out three options: (1) change their investment mix, (2) work harder to generate extra income, (3) divorce in order to qualify for Medicaid. While Craig’s general discussion of the process of qualifying for Medicaid in Missouri (and most other states) does not work in Illinois (because the Illinois Medicaid rules are very different than the Medicaid rules in Missouri and most other states), nonetheless his discussion can be helpful to those researching the topic of Medicaid qualification. His discussion of divorce as one means of qualifying for Medicaid was heartfelt.
Craig ended with this very important advice: “Because this type of planning is complex, you should consult a local elder attorney to answer specific questions. I also warn against relying on what a Medicaid caseworker advises. These policies vary considerably by state, and it’s not a process you want to embark on without expert counsel.”

To read Craig's entire answer click here.

Lawsuit claims LegalZoom is Unfair & Misleading

Box1@HabigerElderLaw.com (blog Author)32969 — Sun, 06 Jun 2010 08:00:00 EST

LegalZoom has been accused of unfair and deceptive business practices. The plaintiff says that LegalZoom claims to "customize" its documents, but there is no customization other than adding customers' names and identifying personal information. The plaintiff, an executor of an estate, claims that LegalZoom's website and advertising are premised on the misleading claim that "virtually anyone" can create a valid legal document through LegalZoom, and falsely stated that the "customized" documents would be reviewed for "accuracy and reliability."

"Nowhere in the manual do defendants explain that using LegalZoom is not the same as using an attorney and that its documents are only 'customized' to the extent that the LegalZoom computer program inputs your name and identifying information, but not tailored to your specific circumstances," the complaint states.

Plaintiffs claim the documents purchase from LegalZoom, which included a revocable living trust, a will, and a durable power of attorney, were flawed and this required them to hire an attorney to correct the problems.

To read the entire story, go to: http://www.courthousenews.com/2010/06/01/27694.htm.
Go here to read my article on Why LegalZoom is Not The Answer when doing long-term care or asset preservation planning.

A Word About Ethics & Confidentiality

Box1@HabigerElderLaw.com (blog Author)36298 — Tue, 01 Jun 2010 08:00:00 EST

Meet one of my fellow Wealth Counsel attorneys, Suzann Beckett. Suzann is a colleague who practices in Connecticut, and she recently posted to her blog this reminder of ethics guidelines as they apply to sharing confidential information.

Perhaps one of the least talked about aspects of working with a lawyer is the fear some of us have of exposing our personal lives to a total stranger. That reluctance takes a back seat in criminal law, where the process you are thrust into isn't voluntary. But when considering the larger decisions in life, opening the books on a lifetime of financial acquisitions, debts, and concerns to a total stranger can lead some people to avoid involving a lawyer when making long term plans.

Like most fears, the emotional reaction we have can be profoundly counter-productive. Sadly, it isn't all that unusual for costly, irreparable mistakes to be the result of our attempts to keep prying eyes out of our business.

The key is to be selective. When you plan for the future, you don't necessarily want to show the records of your financial holdings to your hairdresser, or the guy who mows your lawn. But it would be a good idea to come clean with the IRS on an annual basis. And although it may seem counter-intuitive, the best way to maintain control of your wealth and property over the long haul is to have an open, honest discussion of your plans with a legal professional who has your best interest at heart. Whether you are buying a home, building a business, filing for bankruptcy protection, or planning for the handling of your estate, you want to be the person in control - and you want the decisions you make to be based on solid legal grounds, not a gut feeling that may or may not stand up when you need it to.

Keep in mind that you are the customer, and the law is in a very real sense, a service industry.

So rest easy when you think about laying open your books, and your plans to a lawyer. The Bar Association holds lawyers to a very high ethical standard. Like your doctor, your lawyer is required by law to keep your confidence. A responsibility that we take very seriously, and one that I find comforting whenever I sit with a client who indicates the slightest concern for the security of their personal information.

When serving as your legal counsel, it is my responsibility to act with your best interests at heart. This posting by Suzann Beckett is a concise reminder that my counsel to you is for you and in your best interest. When offering counsel in my professional capacity, it is always confidential and it is specific to your needs.

Press Release - National Elder Law Month

blog@www.habigerelderlaw.com (news Author)15244 — Sat, 29 May 2010 08:00:00 EST

FOR IMMEDIATE RELEASE
May 29, 2010
SOUTHERN ILLINOIS ELDER LAW ATTORNEY TO PARTICIPATE IN NATIONAL ELDER LAW MONTH
[Carbondale, Illinois] – Elder Law Attorney Richard Habiger, of the southern Illinois Elder Law Firm Habiger & Associates Elder Law Office (HAELO), announced that his firm is participating in National Elder Law Month in May 2010 by providing a free Living Will and an Advance Medical Directive to residents of southern Illinois who are 55 years of age or older. He also announced that this offer of free legal documents for seniors is good until Labor Day, September 6, 2010. To take advantage of this opportunity, visit his website http://HabigerElderLaw.com or call 618-549-4529 or toll-free (in Illinois only) 800-336-4529.
Habiger is a nationally recognized elder law attorney and recently co-authored the Illinois edition of the national best-selling book “How to Protect Your Family’s Assets from Devastating Nursing Home Costs: Medicaid Secrets.” He is a member of the National Academy of Elder Law Attorneys and a former president of the Illinois chapter of the Academy. Habiger also is a member of the American Bar Association, Illinois State Bar Association, and Jackson County Bar Association.
With more than 37.8 million Americans 65 years or older and with baby boomers growing older, the importance of planning for one’s legal needs has become essential.
During the month of May, elder law attorneys throughout the country will commemorate National Elder Law Month by providing public seminars, living will days, elder law clinics and other activities that will educate the public. While the official commemoration will end in June, Habiger’s firm will continue to commemorate Elder Law throughout the summer months of June, July and August.
About the National Academy of Elder Law Attorneys (NAELA)
Established in 1987, the National Academy of Elder Law Attorneys (NAELA) is a non-profit association that assists lawyers, bar organizations, and others who work with older clients and their families. Members of NAELA are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals with disabilities. The mission of the National Academy of Elder Law Attorneys is to establish NAELA Members as the premier providers of legal advocacy, guidance and services to enhance the lives of people with disabilities and people as they age. NAELA currently has more than 4,000 members across the United States, Canada, Australia and the United Kingdom. For more information or to schedule an interview with elder law attorney Richard Habiger, contact him at 618-549-4529 or toll-free at 800-336-4529.
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Free Living Will and Advance Medical Directive

Box1@HabigerElderLaw.com (blog Author)32495 — Sat, 29 May 2010 08:00:00 EST

The elder law firm of Habiger & Associates Elder Law Office (HAELO) announced in a Press Release that the firm is celebrating National Elder Law Month by providing a free Living Will and an Advance Medical Directive to senior residents of southern Illinois. This offer of free legal documents is good until Labor Day, September 6, 2010. To take advantage of this opportunity, visit http://HabigerElderLaw.com or call 618-549-4529 or toll-free (in Illinois only) 800-336-4529.

Don't Hesitate When the Diagnosis is Alzheimer's, Dementia, Stroke or Memory Loss

Box1@HabigerElderLaw.com (blog Author)32045 — Sat, 22 May 2010 08:00:00 EST

Not too long ago, I met with Frank and Joy (not their real names). They described a problem that is very common. Many of my clients are wrestling with the same issue. So I thought I would share their story about their mother, "Grandma Ella".

Ella no longer has the ability to live safely on her own. For example, not long ago, Ella put a teakettle on the stove to make some tea and forgot that she had done so -- until she returned to the kitchen much later to discover the teakettle had boiled dry and was red-hot. Sometimes Ella forgets to take her medications; at other times she forgets that she has already taken her medications and in her confusion may take double doses of her medications.

Frank and Joy came to me looking for an experienced Elder Law Attorney to help them with financial issues and to help them plan for the possibility Ella may need nursing home care at some point in the future. After meeting with both of them and Ella, we were able to put together a good plan that allowed Ella to qualify for financial assistance to help pay for an apartment in a supportive living facility.

For the full story go to http://www.habigerelderlaw.com/library/when-grandma-needs-help.cfm.

Take your Medicine...it's Good for You and Your Loved Ones

Box1@HabigerElderLaw.com (blog Author)31634 — Sat, 15 May 2010 08:00:00 EST

Americans just do not like to discuss estate planning. Supposedly 7 out of 10 of us have no plan. Of the 3 who do, what are the chances that the plan is up to date?
A friend of mine just sent me an article in the NY Times, Estate Planning as Family Conversation, talking about talking. I wanted to share it with you as it paints the picture of what happens with no plan, and even how to open a conversation about planning.
When I think about the estate protection / life care plans that I have helped clients create, many stories come to mind. One recurring theme is a senior couple who own some investments and real property, with one of their adult children serving full-time as a caretaker. Other kids are not too involved in things… and the caretaker daughter pretty much has her hands full with children of her own and helping out the folks. In this situation, the adult daughter has a full time job or two already… and no outside means of support.
Many parents want to treat children "equally." But what do you do when there is only so much to go around, and the cost to one kid (the helper) is simply going to be too high for that to even remotely be fair?
Parents must first plan for their own care, then consider being "fair" rather than "equal" to those who follow.
It's the right thing to do. But without some conversation with your family, and openness, it will likely have a huge cost in terms of relationships down the line. And ignoring this dynamic is unlikely to provide a better result. So start talking. It is a big first step to helping you with your estate planning today and well into the future.

Effects of Dementia on Functioning and Judgment

blog@www.habigerelderlaw.com (news Author)14768 — Fri, 14 May 2010 08:00:00 EST

Elder Law Attorney Richard Habiger attended a continuing legal education seminar on dementia entitled "Dementia, Effects on Executive Functioning and Judgment and the Role of Neuropsycholofy in Capacity Evaluations." The presenter, Dr. Alissa Wicklund, is associated with Northwestern University, Feinberg School of Medicine.

Dr. Wicklund has post-doctoral training in Neuropsychology at the University of Illinois at Chicago, and has more than 10 years experience working with individuals with dementia and other neurologic conditions. Her private practice Neurobehavioral Associates, P.C. has locations in Orland Park and Lake Barrington. Dr. Wicklund can be contacted at awicklund@neurobehavior.org or 847-604-1519.

Elder Law Seminar

blog@www.habigerelderlaw.com (news Author)14601 — Sat, 08 May 2010 08:00:00 EST

Elder law attorney Richard Habiger will give a seminar on long-term care, asset protection, governmental benefits, and other elder law issues on July 13, 2010, 12:00 noon, at the United Methodist Church, Murphysboro, Illinois.

Buying Tires vs. Legal Services

Box1@HabigerElderLaw.com (blog Author)32490 — Sat, 08 May 2010 08:00:00 EST

Are you ever in the market to buy tires? Sure, all of us are at one point or another. How do we buy tires? We wait until we need them and then we start shopping for them. We don’t see any tire ads until the time we decide we need them and then that’s all we see are tire ads. You just don’t think about tires until something happens when you need a new tire or set of them.

Is this any different than how you search for an elder law attorney to help you or your loved one with long-term care planning?

When something happens, for example a spouse or a loved one enters a nursing home, many people do a mad search for an elder law attorney and hope they find one that is both knowledgeable and experienced, ethical, honest, can be trusted, and is someone they want to deal with. This is not the best way to search for help about some of your or your loved ones most critical issues. This is an extremely tough way to shop for something that could change your life one way or the other. Yet, in a crisis such as your loved one entering a nursing home, we want you to know that we are here to help.

The big question for me as an elder law attorney is, how do I build a relationship along the way with you, the reader, so that when the time comes and you need an elder law attorney, your decision isn’t a “knee-jerk” reaction and you just pick the one that happens to come along. This is one of the key reasons I am doing a blog. To help let you, your loved ones, and your friends get to know me before you need me. Then you can make an “educated decision” on whether or not you want to work with me or not.

Now isn’t that a much better way to shop for something as critical as legal advice instead of running all over town “kicking tires” of different attorney’s and hope you find the one that best fits your needs and personality? My staff and I think so.

Elder Law attorney available for presentations to groups

blog@www.habigerelderlaw.com (news Author)14005 — Sun, 02 May 2010 08:00:00 EST

Elder Law attorney Richard Habiger is available to give a presentation to your group. Habiger has been practicing elder law nearly 30 years and recently co-authored the Illinois edition of the nationally best selling book "How to Protect Your Family's Assets from Devastating Nuring Home Costs: Medicaid Secrets." He has much knowledge and experience and wants to educate you and other members of the public on how to protect yourself and your loved ones.

Elder Law Update Continuing Education Course

blog@www.habigerelderlaw.com (news Author)14492 — Sun, 02 May 2010 08:00:00 EST

Elder law attorney Richard Habiger will give a presentation on Medicare and Medicaid at a one-day intensive program that will give attendees the most current information on elder law on June 17, 2010, at the Carbondale Civic Center, 200 S. Illinois Street, Carbondale, Illinois. The seminar is coordinated by the Continuing Education Institute of Illinois in cooperation with the University of Illinois, College of Medicine, Department of Family Medicine. Up to seven hours continuing education credits are available for: Case/Care Managers; Counselors; Marriage and Family Therapists; Nurse Practitioners; Nurses (RN & LPN); Nursing Home Administrators; Occupational Therapists and COTAs; Physical Therapists and PTAs; Social Workers. All professionals working with older adults (including Assisted Living Directors, Clergy, Home Care Professionals, Hospice Professionals, and Housing Managers) should attend. Habiger is a nationally-recognized elder law attorney and helped establish elder law in the 1980s as a distinct area of law practice thorough his work as the managing attorney at the SIU Law School clinical program for seniors.

Take a A Positive Step

Box1@HabigerElderLaw.com (blog Author)32487 — Sun, 02 May 2010 08:00:00 EST

If you find it difficult to make a decision or get stressed about planning for your future (whether it is nursing home planning, long-term care planning, life care planning, Medicaid planning, asset preservation planning, estate protection planning, estate planning, or retirement planning), why not relax and also learn? Here are some timeless movie picks:

It's A Wonderful Life Do you ever wonder if you "matter?" Can one person make a significant difference in this life? Jimmy Stewart finds out in this holiday classic.
Brewster's Millions What happens when you inherit $300 million from the uncle you never knew? Richard Pryor finds out in this hilarious "spend it ($30 million in 30 days) or lose it" comedy.
Little Big League A grandson inherits the Minnesota Twins from his grandfather. This one's a hoot.
Tuesdays With Morrie Jack Lemmon is a retired college professor with Lou Gehrig's disease, spending each Tuesday passing on life's lessons to a former student.
Sense & Sensibility A father leaves his estate to his son and tells him to "take care of my other family too." How hard could it be to determine what four women need to live on? One woman sets up her estate to discourage a behavior, but then gets the opposite result. The law of unintended consequences prevails…
Body Heat William Hurt drafts a Will containing a technical flaw which causes it to fail… Bet you can't wait to see how this one works out.
Changing Lanes A "simple" power of appointment (by which you allow someone to tinker with your estate plan) proves to be a devastating tool in the wrong hands. Such a power is used here to disinherit underprivileged children in New York.

Free Seminar at Supportive Living Facility

blog@www.habigerelderlaw.com (news Author)14491 — Sat, 01 May 2010 08:00:00 EST

Elder law attorney Richard Habiger, as part of his celebration of National Elder Law Month, will present a Free Seminar on Living Wills, Advance Medical Directives, and Powers of Attorney on May 10, 2010 at 6:00-7:00 p.m. at Prairie Living at Chautauqua Supportive Living Facility, 955 Villa Court, Carbondale, Illinois. Come learn whether you and your loved ones have "powerless" documents ... or need to sign new "powerful" advance directives. All those who attend will receive -- Free of Charge -- a Living Will and Advance Medical Directive. Habiger has been practicing elder law nearly 30 years, is nationally-recognized as having helped to establish elder law as a distinct area of law practice in the 1980s, is the author of a number of consumer guides on elder law, and is the co-author of the Illinois edition of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets."

Alzheimer's disease is the "great unlearning"

Box1@HabigerElderLaw.com (blog Author)30528 — Mon, 26 Apr 2010 08:00:00 EST

Alzheimer's disease has been described as "the great unlearning," a "disease of memory," a "demise of consciousness." But what does it reveal about the nature of human identity? What remains when memory unravels? And how might such insights help Alzheimer's sufferers themselves?

The National Public Radio program "Speaking of Faith" with host Krista Tippett explored these and other issues on its weekly program Sunday, April 25, 2010: "Alzheimer's, Memory and Being".

Brains Actually Inprove With Age & Are More Shrewd

Box1@HabigerElderLaw.com (blog Author)30299 — Wed, 21 Apr 2010 08:00:00 EST

Science writer Barbara Strauch writes that brains can actually improve with age. In The Secret Life of The Grown-up Brain, Strauch discusses studies that show the brain does not decline, but actually improves as time passes. Thus, an older brain sees full picture because it sees connections a younger brain does not. As we age, we can get to the gist of arguments faster and with greater wisdom becuase we can size up a situation much faster. Basically, an older brain is wiser than a younger brain.
For a National Public Radio interview of Barbara Strauch about her book, go here. You can read the story or listen to it on line. For an extended interview of Ms. Strauch on the NPR program "Fresh Air from WHYY," scroll down the page to read "The Surprising Strengths of the Middle-Aged Brain." Or you can listen to the story on line.
For a related NPR story about middle-age brains go to
The Aging Brain is Less Quick, But More Shrewd.
As a somewhat older attorney, these findlings are good news ... for they suggest that the brain of a younger attorney might not be able to see the whole picture, solve legal problems as quickly, or have as much wisdom, or be as shrewd as the brain of a somewhat older attorney.
To read my full article about older brains vs. younger brains, go to: http://www.habigerelderlaw.com/library/older-brains-vs-younger-brains.cfm.

LegalZoom is Not the Answer

Box1@HabigerElderLaw.com (blog Author)30129 — Sun, 18 Apr 2010 08:00:00 EST

I recently had an opportunity to check out some LegalZoom documents.

The documents look "legal.” They are fairly simplistic from a technical perspective. But they will not work for what I or one of my elder law attorney colleagues would do. They do not cover everything that needs to be covered. The documents will not protecting a client's home and other assets in the event a client should need care in a nursing home.

Moreover because LegalZoom trusts are revocable, everything put into the trust are subject to a "spend-down" in the event there is a need for nursing home care.

LegalZoom provides documents. But law is far more than the preparation of documents. Documents are simple. Wisdom is harder to come.

To read my article on LegalZoom, go to: http://www.habigerelderlaw.com/library/why-legalzoom-is-not-the-answer.cfm

When Good Estate Plans Go Bad

Box1@HabigerElderLaw.com (blog Author)36295 — Mon, 12 Apr 2010 08:00:00 EST

Think of your life as a trip. To get where you are going with less effort, you purchase a car. You spend a lot of time figuring out the make and model. Then you buy it and drive it off the lot and forget about it... right?

Nope! To get the best results out of your car, a major purchase, you change your car's oil every 3000 miles. You also invest in maintenance and preventative care throughout the life of your vehicle. If you do not do this you are likely to suffer catastrophic failure at an inconvenient time, or worse.

An estate plan is analogous to your car, since it transports people and things you care about powered by a lifetime of dreams, work, and assets. Great plans, like great cars, should come with a dedicated service staff to provide diagnostics and service before they are needed urgently.

Ask yourself, how do you know that your plan is current? Do you Sleep Well at Night? A glaring example of this uncertainty is that soon, with the change in the Illinois law implementing the Deficit Reduction Act retroactively to February 8, 2006, many families and spouses face potential estate planning disaster.

HAELO is here to help you or your loved one to develop a good plan that will avoid the impending disaster.

Now you know what we do for our clients. Call 618-549-4529 or, toll-free, 800-336-4529. Or email us at staff@HabigerElderLaw.com.

Elder law firm announces Pet of the Month contest

blog@www.habigerelderlaw.com (news Author)14008 — Sun, 11 Apr 2010 08:00:00 EST

Elder law attorney Richard Habiger announced that his firm, Habiger & Associates Elder Law Office (HAELO), has a Pet of the Month contest. Each month a pet will be selected from all photos submitted. The pet will be honored by having its photo posted on the HAELO website.

Richard Habiger is one of the attorneys who helped to establish elder law as a separate area of law practice in the early 1980's through his work as the managing attorney at the SIU Law School clinical program for the elderly

Habiger is the founder of HAELO -- the oldest and most respected elder law firm in southern Illinois.

Richard also is the co-author of the Illinois edition of the nationally best-selling book "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets."

Pet of the Month

Box1@HabigerElderLaw.com (blog Author)29821 — Sun, 11 Apr 2010 08:00:00 EST

Elder law attorney Richard Habiger, the founder of
Habiger & Associates Elder Law Office (HAELO), announced a Pet of the Month contest. No prizes will be awarded; but the pet will have the honor of having its photo posted on the HAELO website for one month, and thereafter shall forevermore be honored as a Past Pet of the Month. The Pet of the Month shall be selected from all photos received by the last business day of the month. All clients and their loved ones, and all friends of HAELO, are invited to submit a digital photo of their pet.

To get the ball rolling, this month's Pet of the Month is Chester -- the beloved pet of Dani Maaks.

Elder Law attorney Richard Habiger is one of the attorneys who helped to establish elder law as a separate area of law practice in the mid-1980's, and is the founder of HAELO -- the oldest and most respected elder law firm in southern Illinois. He is the co-author of the Illinois edition of the nationally best-selling book "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets."

Presentation to students at SIU School of Allied Health

blog@www.habigerelderlaw.com (news Author)14004 — Sat, 10 Apr 2010 08:00:00 EST

At the invitation of Dr. Sandra Beebe PhD, Elder Law Attorney Richard Habiger gave a presentation to her students in the School of Allied Health at Southern Illinois University the evening of April 8, 2010. With energetic and probing questions by her career-oriented students, Habiger held forth nearly the entire 3 hour class period on a variety of elder law and health-related issues -- ranging from qualifying for Medicaid and Veteran's benefits to working with multi-disciplinary professionals such as social workers, nurses, and others who have a passion for working with seniors.

Elder Law attorney attends client's 99th Birthday Party

Box1@HabigerElderLaw.com (blog Author)29811 — Sat, 10 Apr 2010 08:00:00 EST

I had an incredible opportunity to attend a client’s birthday party and take this photo. It was indeed a happy occasion for all – especially when she invited everyone back for her 100th birthday party in 2011.

While enjoying the celebration and festivities, I was reminded of the sobering thought of all the financial and legal plans that her only daughter, Jane, has been saddled with as her mother aged. As the children of aging parents, we never know if we will be buying a celebration balloon like this for their 99th birthday – and it is usually the least of our challenges as the years creep forward for a centenarian parent.

While attending my client's birthday party, my mind drifted to the many issues Jane has had to deal with for nearly 25 years. Getting to this 99th birthday has been a lot more work and worry for Jane than for her mother. Jane has had to manage finances, coordinate moves, work with doctors, screen assisted living homes, and of course, work with her mother's elder law attorney.

I was personally relieved, knowing I could attend the celebration, wish my client a “Happy Birthday”, and return home. Jane, on the other hand, would be at the party to the very end. She would be cleaning up the leftover cake, policing the party room at the assisted living facility, etc. And she still has to deal with all the fiduciary responsibilities that continue long after the party has ended.

Fortunately, Jane has the elder law attorneys and public benefits specialists at HAELO to assist her and her mother.

Take Health Care Off The Mainframe

Box1@HabigerElderLaw.com (blog Author)29392 — Fri, 02 Apr 2010 08:00:00 EST

Following up on my blog post of yesterday regarding “Patient-Centered Care”, the following is a link to a bold and thought-provoking talk by Eric Dishman on how the U.S. health care system can be improved: http://www.ted.com/talks/eric_dishman_take_health_care_off_the_mainframe.html. Mr. Dishman, who works for Intel, argues that the U.S. health care system is like computing in 1959, tethered to big and unwieldy main-frame systems … with hospitals, doctors, nursing homes, etc. As our aging population booms, he argues that it is important for the U.S. to create a personal, networked, home-based health care system for all.
Although he does not say it in so many words, Dishman is talking about reforming the health care delivery system, specifically the “Chronic Care Model.” If you have eight hours to spare, go to the Research Channel and view the series "Epidemiology -- Research in Improving Chronic Illness Care". This 8 part series presents a strong case for a paradigm-shift for better care of the chronically ill … that just might change how you look at the current health care delivery system and how it can be improved.

What "Patient-Centered" Care Should Mean

Box1@HabigerElderLaw.com (blog Author)29350 — Thu, 01 Apr 2010 08:00:00 EST

I ran across an interesting article about Don Berwick, M.D., President Obama's nominee to lead the Centers for Medicare and Medicaid Services (CMS). Dr. Berwick is a consumer-oriented advocate for "Patient-Centered Care" and has long been an advocate for an improvement in the quality of health care and for giving patients a greater say in the decisions made regarding their medical care. In an article published May 19, 2009 on the Health Affairs Web site, “What ‘Patient-Centered’ Should Mean: Confessions Of An Extremist”, Dr. Berwick asserted that there should be “a radical transfer of power and a bolder meaning of ‘patient-centered care,’ whether in a medical home or in the current cathedral of care, the hospital.” The article about Dr. Berwick states: "Traditionally, the medical community has seen the question of patient-centered care through the lens of [the medical provider]. Berwick argued for a more “consumerist” approach in which the power belongs to the patient as customer, not to the medical profession as producer. An ideal medical practice, he said, would give patients not just what they “need,” but also what they “want.”

Elder Law Planning is Like an Elephant that Must be "Eaten One Bite At A Time"

Box1@HabigerElderLaw.com (blog Author)29065 — Sun, 28 Mar 2010 08:00:00 EST

Bob pulled some records from a grocery sack and sighed that he did not know where to begin. Bob’s sister, Alice, said she was overwhelmed and experiencing a great deal of anxiety caring for her mother. There was so much to do, and so little time in each day. Their mother Jane had done nothing to prepare for the possibility that she would need long-term care.

I have seen this scenario oh so many times. So, I assured both that they had come to the right elder law office, that my staff and I would be able to help. I knew that by the end of the consultation, the anxiety Alice was experiencing would subside and she would be eager to move forward with obtaining the assistance that we can provide our clients and their families. My concern was that Bob would freeze like a “deer in the headlights”… with predictable consequences.

Initially, I mainly just listened. I have found that with two ears and only one mouth, if I am to truly understand my client, their family, and their hopes and dreams, it is more important to listen than to talk.

After listening to Alice and Bob talk about their mother and the help they were providing to her, it occurred to me that Bob’s concern is an age-old conundrum ... “How to eat an elephant?” It is an often-used short-hand way to describe the large and seemingly undoable challenges we all face.

I told Bob that it is one way to describe the challenges my staff and I face every day for our clients and their families. We do not provide a simple fast food burger. Instead, elder care or crisis Medicaid planning is like the proverbial “elephant” and a successful plan will address a client’s plan much like the old “how to eat an elephant” answer ……. “You eat an elephant one bite at a time.”

When viewing elder care and crisis Medicaid planning as the “elephant” challenge, I explained, it is my job as an elder law attorney to help turn the “elephant” into bite sized tasks. And to advise on where to start and where to take the next bite.

Before my consultation with Bob and Alice ended, they understood that by working with an elder law attorney who has extensive experience they could reduce the different elements of their mother’s planning into bite sized pieces. This allowed them, particularly Bob, to take them on, one element at a time – dealing with those that were most pressing first. After they understood it was “one bite at a time,” everyone in the room could feel a huge “sigh of relief” instantly hit the room.

Just like an elephant, it might take a while to eat it one bite at a time. But with the right plan and persistence, Bob and Alice were reassured that there would be a successful (and less stressful) result. The understood that the key was to approach the process with a bite sized view of the challenge rather than facing a daunting elephant-sized single project.

There is a great article talking about the ways that businesses (as opposed to estate plans) use this approach to take on these types of elephant issues. The article is by E-Myth, and you’ll find it at this location, "How to Eat an Elephant" - might give you some interesting perspectives on applying the “elephant eating solution” to business situations. As for elephants, they really aren’t that hard to eat…

Brain Plasticity and Recovery From Stroke

Box1@HabigerElderLaw.com (blog Author)28766 — Tue, 23 Mar 2010 08:00:00 EST

As a follow up to my blog post of yesterday, "Stroke is a Major Factor in Nursing Home Admissions", a good friend of mine, Sheffield Boardman, MD, suggested that I obtain a book on Brain Plasticity by Norman Doidge, MD, "The Brain That Changes Itself: Stories of Personal Triumph from the Frontiers of Brain Science". A reviewer of the book reports: "For years the doctrine of neuroscientists has been that the brain is a machine; break a part and you lose that function permanently. But more and more evidence is turning up to show that the brain can rewire itself, even in the face of catastrophic trauma; essentially, the functions of the brain can be strengthened just like a weak muscle." There are many other favorable reviews of this book on the web. For those who have a loved one who is recovering from a stroke, as I do, this appears to be a must-read book.

PS In a presentation given at Melbourne, Australia, Dr. Doidge discussed his research and relaid strange and fascinating stories of the workings of the brain. A video of the presentation is on YouTube, in three parts, begining at http://www.youtube.com/watch?v=dJxASN-_WtU&feature=related. "The discovery of neuroplasticity, that our thoughts can change the structure and function of our brains, even into old age, is the most important breakthrough in our understanding of the brain in four hundred years."

Stroke is a Major Factor in Nursing Home Admissions

Box1@HabigerElderLaw.com (blog Author)28743 — Mon, 22 Mar 2010 08:00:00 EST

Stroke is recognized as a major factor in admissions to nursing homes. Because I have clients who are cared for at-home and in care facilities due to stroke, I need to know as much as I can about strokes and how to best care for stroke victims. Candidly, however, because my own father required nursing home care following a stroke and ultimately died from complications that arose following his stroke, I have a personal interest in learning as much as I can about stroke and how to prevent a stroke. But, frankly, until about eight months ago, spending time increasing my knowledge about strokes was not high on my agenda of things to do. Life has a way of changing directions on a dime. Little did I know eight months ago that a stroke would strike another loved one - which would motivate me to redouble my resolve to investigate strokes and how to care for stroke victims. In researching what could be done to rehabilitate a stroke victim, I ran across an article by Dr. Pascale Michelon. It helped me understand that a brain, if stimulated, can respond to injury and compensate for damage by reorganizing and forming new connections between intact neurons. "Brain Plasticity: How Learning Changes Your Brain," http://www.sharpbrains.com/blog/2008/02/26/brain-plasticity-how-learning-changes-your-brain/.

Special Forces or the Whole Army?

Box1@HabigerElderLaw.com (blog Author)28666 — Sat, 20 Mar 2010 08:00:00 EST

A few days ago, a client, Dorothy, and her son, Dan, were in my office chatting after Dorothy had signed her estate planning documents. The son asked me an interesting question, “What should I tell my friend that is looking for an elder law attorney for his father and trying to decide between your firm and a large law firm in Chicago with an elder law department?” Good question and one that made me a bit nervous to answer. By the way, this is not the first time I have been asked this type question.

Not knowing any of the circumstances around their friend, I decided the best way to answer it was to refer them to a blog post from Dennis Brislawn, a fellow Wealth Counsel attorney. I thought Dennis had one of the best and simplest answers to this question I have seen in a long time. His post was titled, Special Forces or the whole Army. I would encourage you to click on the title and read his description.

What more can I say – this is perfect. My staff and I are the “Special Forces” group and whether we are Rangers or any other Special Forces team, we are all about “expediency”, and “efficiency” in getting done what our clients need. We aren’t encumbered by red tape and politics or a host of other barriers that exist in larger law firms. We just simply get it done. Thanks Dennis, well said.

"Santa" Richard Habiger visists residents at Supportive LivingFacility

blog@www.habigerelderlaw.com (news Author)14007 — Sun, 17 Jan 2010 08:00:00 EST

Elder law attorney Richard Habiger played the part of Santa at the annual Christmas party put on by Prairie Living at Chautauqua Supportive Living Facility. This is an annual event for the residents at the facility and their guests.

Gifts were handed out by "Santa" with an occasional hearty "Ho! Ho! Ho!" and "Merrrrrrrrry Christmas!"

Attorney Habiger said he loves "hamming" it up and likes to bring a little cheer to the residents at this season of the year. Additional photos of the event may be seen at Prairie Living's website.

Learn So You Don't Get Burned...

Box1@HabigerElderLaw.com (blog Author)36297 — Mon, 11 Jan 2010 08:00:00 EST

One of the things that drives me nuts is when people don't take the time to check something out before they make a decision. For example, I can't tell you how many potential clients come in and tell me they know they want a "Living Trust" or that they "only need a Simple Will". When I ask what they know about the subject, usually the answer is pretty far from reality. Two elements get you where you need to go ... an understanding of YOUR facts and the application of the law to them. You can help get a good result - even a great result - and save money if you learn the basics. This investment pays off as you will quickly focus on solving your real issue and getting the result you want. Request the Consumer Guides available on this website that you believe apply to the facts of your case and, after reading the guides, call us for a free telephone consultation.

Keeping Mom and Dad Safe at Home

Box1@HabigerElderLaw.com (blog Author)22898 — Fri, 04 Dec 2009 08:00:00 EST

Attorney Richard Habiger wrote an amazing article about keeping your parents at home safely.

To see more about this process, click here.

Team HAELO at 2007 Alzheimer's Memory Walk

blog@www.habigerelderlaw.com (news Author)14010 — Mon, 15 Oct 2007 08:00:00 EST

Elder law attorney Richard Habiger and number of other, including his wife Marty and other staff members of his elder law firm, Habiger & Associates Elder Law Office (HAELO), participated in the Alzheimer's Association's annual Memory Walk September 2007 at SIU's beautiful Campus Lake.

Team HAELO at Alzheimer's Memory Walk 2005

blog@www.habigerelderlaw.com (news Author)14009 — Sat, 01 Oct 2005 08:00:00 EST

Elder law attorney Richard Habiger, his spouse Marty, and several staff members of Habiger & Associates Elder Law Office participated in the Alzheimer's Association's Memory Walk September 2005.