A Will is the legal declaration of a persons mind as to the manner in which the estate should be disposed of upon death. A written guide as to proper distribution of all the persons stuff. This lists some types of wills.
1. Simple Will facilitates distribution of assets in an uncomplicated estate.
2. Testamentary Trust Will establishes one or more trusts for assets upon death.
3. Pourover Will leaves assets to a trust you established before death.
4. Holographic Will is unwittnessed and hand written.
5. Oral Will (nuncupative Will) Only spoken words, not written down.
6. Joint Will one written document for two people, husband and wife.
7. Living Will has force while senior is still alive, does not dispose of property, gives medical staff directions if you should lose consciousness.
This is just a brief list of Wills that can be seen as the deceased persons things are distributed.
Wednesday, August 31, 2011
Saturday, August 27, 2011
Irene And Saffir Simpson Hurricane Scale
Weather reports use the Saffir Simpson Hurricane Scale to communicate the severity of Hurricane Irene to the public. This breifly describes the 5 categories utilized in the Saffir Simpson Hurricane Scale.
1. Category 1 see 74-95 mile per hour winds with storm surge 4-5 feet above normal no building damage noted.
2. Category 2 see 96-110 mile per hour winds with storm surge 6-8 feet above normal minor roof, door and window damage noted.
3. Category 3 see 111-130 mile per hour winds with storm surge 9-12 feet above normal visible damage to smaller residence and out buildings, garages noted.
4. Category 4 see 131-155 mile per hour winds with storm surge 13-18 feet above normal loss of roof on some sizable structures noted.
5. Category 5 see greater than 155 mile per hour winds with storm surge greater than 18 feet above normal loss of roofs and portions of buildings on residential and business structures.
1. Category 1 see 74-95 mile per hour winds with storm surge 4-5 feet above normal no building damage noted.
2. Category 2 see 96-110 mile per hour winds with storm surge 6-8 feet above normal minor roof, door and window damage noted.
3. Category 3 see 111-130 mile per hour winds with storm surge 9-12 feet above normal visible damage to smaller residence and out buildings, garages noted.
4. Category 4 see 131-155 mile per hour winds with storm surge 13-18 feet above normal loss of roof on some sizable structures noted.
5. Category 5 see greater than 155 mile per hour winds with storm surge greater than 18 feet above normal loss of roofs and portions of buildings on residential and business structures.
Friday, August 26, 2011
Probate Unsupervised
Probate is the process of settling an estate. The purpose of probate is to transition ownership of the deceased's assets to a living person or institution. Assets are identified to pay debts, taxes, and administrative cost and dispersed to heirs identified in the will.
Unsupervised (independent) probate reduces the courts role and saves the family money. Unsupervised (independent) probate are informal ways to administer a seniors estate without having to follow the specific rigid guidelines of a formal probate.
Unsupervised (independent) probate is appropriate when:
1. There is no problem to resolve among the interested parties
2. There is no ambiguity in the Will that needs clarifying
3. There are no minors or disabled children that may need protection of their share
4. The validity of the Will is not disputed
5. The estate does not involve complex issues such as stocks, or an active business
6. There is no need to transfer the assets any differently than the Will lists
Typically the court must approve unsupervised probate, and the registrar of probate must still list a personal representative. Once the estate has been settled the personal representative would still file an unsupervised personal representatives statement to close the estate with the probate court.
Unsupervised (independent) probate reduces the courts role and saves the family money. Unsupervised (independent) probate are informal ways to administer a seniors estate without having to follow the specific rigid guidelines of a formal probate.
Unsupervised (independent) probate is appropriate when:
1. There is no problem to resolve among the interested parties
2. There is no ambiguity in the Will that needs clarifying
3. There are no minors or disabled children that may need protection of their share
4. The validity of the Will is not disputed
5. The estate does not involve complex issues such as stocks, or an active business
6. There is no need to transfer the assets any differently than the Will lists
Typically the court must approve unsupervised probate, and the registrar of probate must still list a personal representative. Once the estate has been settled the personal representative would still file an unsupervised personal representatives statement to close the estate with the probate court.
Thursday, August 25, 2011
When You File For Guardianship
The family member who wants to be the guardian files a petition (order to show cause) with the probate court for the jurisdiction where the allegedly legally incapacitated senior resides. The petitioner could be family, distant relative, close friend, administrator for a nursing home or health care facility.
The court will appoint (guardian ad litem) a person who will function as the judges eyes and ears. The guardian ad litem interviews the senior and the family to determine the elders capacity to continue to make their own financial and medical decisions. The guardian ad litem will speak with the petitioner, the involved health care providers, and the family of the senior.
If the appointment of a guardian is contested, a trial is scheduled, sworn testimony is given, and the court decides on the appointment. If the appointment is not contested, the court will hold a hearing where witnesses can provide sworn testimony, and with sufficient evidence the guardian will be appointed.
Once the guardian is appointed the judge will issue letters of authority (legal documents) which allow the guardian to act on behalf of the senior.
The court will appoint (guardian ad litem) a person who will function as the judges eyes and ears. The guardian ad litem interviews the senior and the family to determine the elders capacity to continue to make their own financial and medical decisions. The guardian ad litem will speak with the petitioner, the involved health care providers, and the family of the senior.
If the appointment of a guardian is contested, a trial is scheduled, sworn testimony is given, and the court decides on the appointment. If the appointment is not contested, the court will hold a hearing where witnesses can provide sworn testimony, and with sufficient evidence the guardian will be appointed.
Once the guardian is appointed the judge will issue letters of authority (legal documents) which allow the guardian to act on behalf of the senior.
Tuesday, August 23, 2011
Alzheimer's and Guardianship
Advanced Alzheimer's disease is a progressive process that can cause the senior to lose the capacity for rational decision making. An incapacitated senior would then need a substitute decision maker. A diagnosis of Alzheimer's disease is not sufficient to consider a senior incapacitated.
The definition of an incapacitated senior as specified by the Uniform Probate Code is required. The (UPC) Uniform Probate Code is a uniform act drafted by the National Conference of Commissioners on Uniform State Laws governing inheritence and the decedents estates in the United States. The primary purposes of the act are to streamline the probate process and to standardize and modernize various state laws governing wills, trusts, and intestacy (being or dying without a valid will).
Health counselors encourage seniors to complete a legal document known as a durable power of attorney prior to losing mental function. Special and Health Care Power Of Attorney can be made durable by adding certain text to the document, this allows the document to remain in effect if the senior becomes incompetent.
Health counselors enourage the senior to have
1. Health Care Power Of Attorney - and
2. Durable Power Of Attorney
in place before losing mental function as a way to prevent involuntary guardianship.
If the senior becomes incapacitated and has no power of attorney, the courts may appoint a guardian (sometimes called conservator) of the person and or the estate. A court will only impose guardianship if faced with compelling evidence that the senior cannot care for themselves.
Guardianship is established by asking (petitioning) the court to hold a compentency hearing . Medical information is presented to demonstrate the senior can no longer manage their own affairs. If the court agrees, it appoints a guardian , which is usually the petitioner. Guardianship usually continues until the senior regains the capacity to handle their own affairs, which seldom happens.
The duties and responsibilities of the newly appointed guardian will be listed in the appointment document. Under guardianship the court provides oversight for the seniors money and assets. Decisions involving spending of money or selling assets usually require courts permission.
The definition of an incapacitated senior as specified by the Uniform Probate Code is required. The (UPC) Uniform Probate Code is a uniform act drafted by the National Conference of Commissioners on Uniform State Laws governing inheritence and the decedents estates in the United States. The primary purposes of the act are to streamline the probate process and to standardize and modernize various state laws governing wills, trusts, and intestacy (being or dying without a valid will).
Health counselors encourage seniors to complete a legal document known as a durable power of attorney prior to losing mental function. Special and Health Care Power Of Attorney can be made durable by adding certain text to the document, this allows the document to remain in effect if the senior becomes incompetent.
Health counselors enourage the senior to have
1. Health Care Power Of Attorney - and
2. Durable Power Of Attorney
in place before losing mental function as a way to prevent involuntary guardianship.
If the senior becomes incapacitated and has no power of attorney, the courts may appoint a guardian (sometimes called conservator) of the person and or the estate. A court will only impose guardianship if faced with compelling evidence that the senior cannot care for themselves.
Guardianship is established by asking (petitioning) the court to hold a compentency hearing . Medical information is presented to demonstrate the senior can no longer manage their own affairs. If the court agrees, it appoints a guardian , which is usually the petitioner. Guardianship usually continues until the senior regains the capacity to handle their own affairs, which seldom happens.
The duties and responsibilities of the newly appointed guardian will be listed in the appointment document. Under guardianship the court provides oversight for the seniors money and assets. Decisions involving spending of money or selling assets usually require courts permission.
Friday, August 19, 2011
Medicare Part D 2012 Drug Plan Get Ready
Time for seniors receiving Medicare benefits to prepare for the Part D 2012 annual enrollment period. The annual enrollment period is a time when seniors can add, change, or drop their Medicare Part D prescription drug plan coverage. The upcoming annual enrollment period is scheduled for October 15, thru December 7, 2011 with coverage to begin on January 2012.
Medicare Part D is a federal program that came out of the Medicare Prescription Drug Improvement and Modernization Act of 2003. Medicare Part D Prescription drug coverage began January 1, 2006. Enrollment in Medicare Part D is voluntary.
To enroll in a Medicare Part D drug plan , seniors must have Medicare A and B and live in the service area of the drug plan chosen. Seniors with a home computer can go to http://www.medicare.gov/ and choose the medicare prescription drug plan finder prompt, going in to part d prescription drug plans.
Seniors without computer access can go to the County health office and request assistance of a benefit specialist for the purpose of enrolling in a medicare part D plan. Once you choose a Medicare Part D Drug Plan, you may be able to join by completeing a paper application, calling the plan, enrolling on the plans web site, or on http://www.medicare.gov/ When you are joining you will have to provide your Medicare number and the dates your Part A and Part B coverage started. This information is on the seniors Medicare card.
Home Care Path http://www.homecarepath.com/ coordinates elder home care assistants who help the senior with meals, bath set up, grocery shopping, dressing, medication reminders, errands, pet care and more. Valueing home and human life.
Medicare Part D is a federal program that came out of the Medicare Prescription Drug Improvement and Modernization Act of 2003. Medicare Part D Prescription drug coverage began January 1, 2006. Enrollment in Medicare Part D is voluntary.
To enroll in a Medicare Part D drug plan , seniors must have Medicare A and B and live in the service area of the drug plan chosen. Seniors with a home computer can go to http://www.medicare.gov/ and choose the medicare prescription drug plan finder prompt, going in to part d prescription drug plans.
Seniors without computer access can go to the County health office and request assistance of a benefit specialist for the purpose of enrolling in a medicare part D plan. Once you choose a Medicare Part D Drug Plan, you may be able to join by completeing a paper application, calling the plan, enrolling on the plans web site, or on http://www.medicare.gov/ When you are joining you will have to provide your Medicare number and the dates your Part A and Part B coverage started. This information is on the seniors Medicare card.
Home Care Path http://www.homecarepath.com/ coordinates elder home care assistants who help the senior with meals, bath set up, grocery shopping, dressing, medication reminders, errands, pet care and more. Valueing home and human life.
Thursday, August 11, 2011
Baraboo Ambulance EMT and St. Clare Hospital Reduce Readmissions
The Patient Protection and Affordability Care Act H.R. 3590 was signed by President Barack Obama in March 2010. Section 2717 describes a process to monitor hospital readmissions and improve patient safety. Section 3025 describes financial incentives to encourage hospitals to reduce readmissions. House H.R. 3962 section 1151 adjusts payments to hospitals to reduce potentially preventable readmissions.
Baraboo District Ambulance Service, St. Clare Hospital, the UW School of Medicine, Sauk County Public Health have joined to develop a community program to help reduce emergency room visits and hospital readmissions.
Financed through grant and foundation funds, partners in education will train paramedics to perform in home health care with the focus on preventing an emergency room visit, or hospital readmission. ER and hospital staff can refer a patient for paramedics to check on when they worry the right instruction needs to be done in the home.
This new pilot program is structured as a five year study , and scheduled to become self supportive. This is partners in health care altering the service structure to best meet the community need and accomidate the public funding source.
The service is not meant to be competition for existing home care providers, but an extra person who can come to the home and help with acute medical needs post hospitalization. Home Care Path www.homecarepath.com helps seniors with chronic long term needs at home in the Baraboo, Wisconsin area.
Baraboo District Ambulance Service, St. Clare Hospital, the UW School of Medicine, Sauk County Public Health have joined to develop a community program to help reduce emergency room visits and hospital readmissions.
Financed through grant and foundation funds, partners in education will train paramedics to perform in home health care with the focus on preventing an emergency room visit, or hospital readmission. ER and hospital staff can refer a patient for paramedics to check on when they worry the right instruction needs to be done in the home.
This new pilot program is structured as a five year study , and scheduled to become self supportive. This is partners in health care altering the service structure to best meet the community need and accomidate the public funding source.
The service is not meant to be competition for existing home care providers, but an extra person who can come to the home and help with acute medical needs post hospitalization. Home Care Path www.homecarepath.com helps seniors with chronic long term needs at home in the Baraboo, Wisconsin area.
Monday, August 8, 2011
Now You Want A Dividend Paying Stock
Dividends are cold hard cash. The purpose of dividends is to return wealth back to the share holders. A dividend (cash) is a payment made by a company out of its earnings to investors in the form of an electonic transfer check.
Investors will consider dividend paying stocks as a way to share in the stock markets gain and earn some income. With high unemployment corporations will have reduced labor payroll and more cash on hand. Investors can look at more than the size of the last dividend the stock paid out.
Look at the cash history of the company you are considering. Has the company maintained an adequate cash reserve. Cash reserve helps reduce investor risk. Cash reserve can indicate a company is spending less than it earns. Investors like the cash reserve.
How has the company hsitorically spent its money. Is money invested in research and product development. Are salaries paid adequate to support a stable level of staff. Money flowing in to product development and staff can demonstrate a long term management approach. Reinvesting and developing can improve future success of the company.
Cash history can help an investor understand how long the company can keep dividends at an attractive level. A company with cash available (cash reserve) can usually keep paying a dividend. When the stock market experiences a down cycle, a company with cash is less likely to stop paying the investor dividend.
As the cash reserve (increased risk) lessens the investor can anticipate the company will stop the dividend payment to shareholders to compensate for the loss. Home Care Path encourages seniors to speak with a qualified investment counselor prior to buying or selling a stock.
Investors will consider dividend paying stocks as a way to share in the stock markets gain and earn some income. With high unemployment corporations will have reduced labor payroll and more cash on hand. Investors can look at more than the size of the last dividend the stock paid out.
Look at the cash history of the company you are considering. Has the company maintained an adequate cash reserve. Cash reserve helps reduce investor risk. Cash reserve can indicate a company is spending less than it earns. Investors like the cash reserve.
How has the company hsitorically spent its money. Is money invested in research and product development. Are salaries paid adequate to support a stable level of staff. Money flowing in to product development and staff can demonstrate a long term management approach. Reinvesting and developing can improve future success of the company.
Cash history can help an investor understand how long the company can keep dividends at an attractive level. A company with cash available (cash reserve) can usually keep paying a dividend. When the stock market experiences a down cycle, a company with cash is less likely to stop paying the investor dividend.
As the cash reserve (increased risk) lessens the investor can anticipate the company will stop the dividend payment to shareholders to compensate for the loss. Home Care Path encourages seniors to speak with a qualified investment counselor prior to buying or selling a stock.
Wednesday, August 3, 2011
Does An Elder Family Member Need Extra Help
Aging can involve mental and physical changes that indicate the senior could benefit from some additional assistance. Things to look for include:
DAILY STUFF- difficulty walking, dressing, talking, eating, cooking, climbing steps, or taking medications.
CLEANING UP- infrequent bathing, sloppy appearance, foul body odor, bad breath.
BOOK WORK- unopened mail, papers piled up, unreadable check book, appearance of bank overdraft notices, no returned phone calls, unfilled prescriptions.
WELL BEING- visible weight loss, hearing loss, incontinence, excessive sleep, overly tired, bruises from falling.
SHUT IN- reduced interest in outside friendships, activities or hobbies. Lives alone.
EMOTIONAL CHANGES- sadness, reduced communication with family and friends, increased use of alcohol, sobbing.
THINKING- Consistent forgetfulness, losing train of thought, lost in familiar surroundings.
Home Care Path http://www.homecarepath.com/ coordinates elder in home assistants to help seniors with the day to day chores. Help with meals, grocery shopping, errands, pet care and more. 2011 rates are 20.00 per hour. Simply call 608-432-4286 to schedule a confidential (no cost) in home interview.
DAILY STUFF- difficulty walking, dressing, talking, eating, cooking, climbing steps, or taking medications.
CLEANING UP- infrequent bathing, sloppy appearance, foul body odor, bad breath.
BOOK WORK- unopened mail, papers piled up, unreadable check book, appearance of bank overdraft notices, no returned phone calls, unfilled prescriptions.
WELL BEING- visible weight loss, hearing loss, incontinence, excessive sleep, overly tired, bruises from falling.
SHUT IN- reduced interest in outside friendships, activities or hobbies. Lives alone.
EMOTIONAL CHANGES- sadness, reduced communication with family and friends, increased use of alcohol, sobbing.
THINKING- Consistent forgetfulness, losing train of thought, lost in familiar surroundings.
Home Care Path http://www.homecarepath.com/ coordinates elder in home assistants to help seniors with the day to day chores. Help with meals, grocery shopping, errands, pet care and more. 2011 rates are 20.00 per hour. Simply call 608-432-4286 to schedule a confidential (no cost) in home interview.
Monday, August 1, 2011
Wisconsin Has Capped Enrollment Family Care Partnership PACE IRIS
Wisconsin's 2011-13 State Budget legislates a cap on enrollment in the Family Care, Partnership, PACE, and IRIS programs. The cap limits the number of people who can be enrolled in to managed care programs. The programs were created to reduce the waiting lists for long term care in Wisconsin. By limiting access, the waiting lists will continue to exist.
Managed care programs provide in home services to seniors and individuals with a disability. The programs also provide funding in assisted living facilities for those individuals who are in need of long term placement.
The 2011-13 biennial budget provides 12.6 million dollars each year for meeting urgent needs. The Department of Health Services (DHS) is working on a plan to implement the enrollment cap and determine how individuals on wait lists who are in urgent need of long term care services can be served using the 12.6 million.
Services will continue to be administrated from the Aging and disability resource center( ADRC), seniors are encouraged to continue to be evaluated for eligibility in to long term care publicly funded programs.
Home Care Path www.homecarepath.com coordinate elder home care assistants to seniors needing help in south central Wisconsin.
Managed care programs provide in home services to seniors and individuals with a disability. The programs also provide funding in assisted living facilities for those individuals who are in need of long term placement.
The 2011-13 biennial budget provides 12.6 million dollars each year for meeting urgent needs. The Department of Health Services (DHS) is working on a plan to implement the enrollment cap and determine how individuals on wait lists who are in urgent need of long term care services can be served using the 12.6 million.
Services will continue to be administrated from the Aging and disability resource center( ADRC), seniors are encouraged to continue to be evaluated for eligibility in to long term care publicly funded programs.
Home Care Path www.homecarepath.com coordinate elder home care assistants to seniors needing help in south central Wisconsin.
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