Category: Family Relationships (Page 1 of 5)

How to Divide Sentimental Items in an Estate

September 24, 2024 / David Russell / 0 Comments

My mom recently passed away and I am the executor of her will. The will is fairly simple with everything divided equally between me and my four siblings. The problem is that there are a lot of heirloom items, including art, jewelry, furnishings, and several sentimental items that I know several of us have an interest in. Some are worth quite a bit, but most of it holds only sentimental value. Since I am responsible for dividing these items equally, how can I fairly and objectively do this without it looking like I'm favoring myself?

Betsy T.

First of all, I’d like to extend my heartfelt condolences for the loss of your mother. Navigating the complexities of grief while handling the responsibilities of being an executor can be an incredibly challenging task. It’s commendable that you’re seeking a fair and objective way to manage your mother’s legacy while honoring her memory and considering your siblings’ feelings.

Dad has Alzheimer’s. Mom asked me to take over the finances. Where do I start?

September 17, 2024 / David Russell

I just found out my dad has been diagnosed with Alzheimer's disease. My mom called me and through tears asked if I would take over their financial affairs while she tends to Dad's care. I have no idea where to start, what they have, or where to find anything. I think they are fairly well off. They live comfortably and own a vacation property in Idaho that we all use occasionally. I have an older brother, so I'm not sure if I have the authority to do anything. She did say they have Wills in a safe deposit box, but I don't know how to access it. What should I do now?

Shelly T.

Receiving news about a loved one’s Alzheimer’s diagnosis is undoubtedly a heavy burden. It’s challenging to process the emotional ramifications, and on top of that, your mother is reaching out for help regarding their financial affairs. It’s natural to feel overwhelmed and unsure of where to start, but you’re not alone in this.

While this will be a profoundly personal journey, here are a few tips to begin the process of taking over financial decisions.

Mom leaves more to one child than another: what could go wrong?

September 10, 2024 / David Russell

Three years ago, my mother moved in with me and I became her full time caregiver. Last year she changed her will to leave more to me than my sister who hasn't done anything for her care. In fact, she hasn't spoken to mom since she moved in with me. I don't get paid for providing care, but I do use her social security check to help pay for household bills and groceries. Aside from that, mom has a sizeable stock account that she inherited from our dad. I'm worried my sister may cause trouble when mom dies and learns she doesn't get as much as I do. Should I ask her to change her will to be more equal?

Esther B.

I can sense the unease in your voice. As caregiver for your mother, it makes sense that she might favor you in her will, especially if your sister isn’t interested in a relationship with your mom. While your question is more about what happens after your mother dies, my hope is that there will be opportunities to communicate with your sister before that happens, resolve the rift between her and your mother, and avoid the potential conflicts that may arise. Ultimately the decision to accept the provisions of your mother’s will is hers.

That said, let’s discuss some practical issues to address your concerns, minimize legal complications, and discourage potential disputes with your sister when it comes to your mother’s will.

Understanding the Legal Framework

First, it’s important to ensure that the change your mother made to her will is legally sound. The will must have been updated at a time when your mother was fully competent and free from undue influence. Consulting an estate attorney can ensure all legal protocols were followed, thus making it less vulnerable to future challenges.
Was the change made with the assistance of an attorney? Although it’s not a requirement, using an attorney to execute legal documents like wills can avoid the mistakes people make when doing it themselves. Often, people will write a will in their own handwriting (called a holographic will). While these may be valid, these types of wills are easily disputed and may not have followed the procedures for valid will executions in the state where the person resides.
Assuming your mother did use a lawyer, and at the time did possess the capacity to execute a new will, who was present in the room with your mother’s lawyer when she changed her will? Just your mother? You with your mother? Only you? Ideally, it was only your mother. If you were present, did the lawyer directly address your mother or direct questions to you? The less your involvement in the meeting, the less likely you could be open to accusations of undue influence.

Guarding Against Will Contests

If your sister decides to contest the will, she could potentially claim undue influence or argue that your mother lacked the mental capacity to make such a change. To prepare for such scenarios, work with her attorney to maintain thorough records of the discussions and motivations behind the will’s adjustments. This documentation reinforces that the decision was made independently and with full awareness.
Did your mother include a no-contest clause to her will? Known as an in terrorem clause, this can discourage your sister from contesting the will, as she risks forfeiting her inheritance if she loses the challenge. While this is not enforceable in every jurisdiction, where applicable, it serves as a strong preventive measure.
A letter of intent can also be included, detailing your mother’s reasoning behind her decisions. This document, although not legally binding, provides context that could be useful in defending the will against disputes. Sometimes, these are prepared by the person creating the will, but the attorney may also provide this service.
Keeping detailed records of your caregiving responsibilities and related expenses is crucial. Not only does it validate the more substantial inheritance in compensation for your caregiving role, but it also provides a clear, factual basis for the distribution decision should your sister challenge it.

Proactive Communication and Mediation

Facilitating open communication with your mother and sister could be beneficial. If your mother is comfortable, hosting a family discussion where she shares her reasons for the will’s changes may help your sister understand the context and reduce tension. Transparency often alleviates suspicions and pre-empts conflicts.

If direct communication seems difficult, consider bringing in a professional mediator. A neutral third party can help facilitate productive discussions and address any underlying concerns or grievances. This proactive step can prevent more heated disputes down the line.

Engaging a Professional Team

Engaging the right team is critical. Not only can a team of professionals provide advice and counsel, but their presence and involvement demonstrate that you are not acting alone in managing your mom’s affairs. If her lawyer does not specialize in estate planning or elder law, you can look for one near you by visiting the National Academy of Elder Law Attorneys. Other team members might include a geriatric care manager, financial planner, or family counselor.

By addressing these issues now—through open communication, legal safeguards, thorough documentation, and professional advice—you can reduce the likelihood of disputes and honor your mother’s wishes effectively. While it’s a challenging situation, approaching it with preparation and empathy can help maintain family harmony and respect for everyone involved.

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Can Mom’s New Boyfriend Replace Me as Power of Attorney?

September 4, 2024 / David Russell

I hold power of attorney for my mother. She's 89 years old and for the last two years, she has had a close companionship with "Stanley," a widower in the retirement community she lives in. Lately when we've discussed her future care needs, Stanley has been present and has bristled at the idea of Mom moving into assisted living or skilled care, even suggesting she move in with him. I'm concened that Stanley could talk her into removing me as power of attorney and naming himself. If so, what can I do to protect her?

Sarah T

First, your mother’s happiness is undoubtedly important, but so too is ensuring that her interests are protected as she navigates this vulnerable time in her life.

So, take a deep breath. This is a common concern that many family members face, and you’re not alone in dealing with these situations that involve both touchy and practical issues.

Ten Ways Technology Can Help with Remote Caregiving

August 20, 2024 / David Russell

I live far away from my older parents and I have no siblings. They insist on staying in their home as they age and I am concerned about their being alone. I work in the tech industry and would like to know what new technologies are useful to help families care for their aging loved ones?

Mark W.

This is such a common situation nowadays. As our parents grow older, their desire to remain in the comfort and familiarity of their own homes is completely understandable. For those of us living far away without siblings to share in the responsibility, ensuring their safety and well-being can be challenging. Fortunately, advancements in technology, alongside traditional forms of support, offer innovative solutions to make caring for aging loved ones manageable from afar. As someone working in the tech industry, you’ll find these developments particularly meaningful as they offer peace of mind while fostering closer connections despite physical distance

Smart Home Devices

Smart home technology has become indispensable for seniors wishing to age in place independently. Devices like smart speakers with voice-activated assistants (such as Amazon Echo or Google Home) enable seniors to set medication reminders, manage schedules, and control home appliances effortlessly. Additionally, smart security systems, like Ring doorbells, allow older adults to monitor visitors at their doorstep without having to physically open the door, enhancing both safety and convenience.

Personal Emergency Response Systems (PERS)

PERS have advanced beyond simple panic buttons. Current systems offer features like fall detection, GPS tracking, and two-way communication. Products such as MobileHelp and Philips Lifeline ensure that seniors can summon help at any moment, providing reassurance to both them and their distant caregivers.

Telehealth and Remote Monitoring

Innovations in healthcare technology have transformed access to medical care for seniors. Telehealth platforms facilitate virtual doctor visits, significantly reducing the need for travel. Additionally, remote monitoring tools track vital signs, including heart rate and blood pressure, sharing real-time health data with medical professionals to ensure timely care and intervention.

Robotics and AI

The rise of robotics and artificial intelligence in elder care is an exciting development. Companion robots like ElliQ by Intuition Robotics and Pepper by Softbank Robotics are designed to engage with seniors, offering companionship, reminders, and health monitoring. Furthermore, AI-driven tools can analyze behavioral patterns, identifying changes that may signal health concerns before they become serious issues.

Multi-Generational Living – It’s Complicated.

August 6, 2024 / David Russell

In recent years, a noticeable trend has emerged: Millennials are increasingly choosing to live with their Baby Boomer parents well into their 30s. This phenomenon is not merely a result of personal preference but is deeply intertwined with economic realities and changing societal norms. Moreover, it raises important questions about the willingness or reluctance of Millennials to provide care for their aging parents. Let’s delve into the economic and relationship aspects of multi-generational living, examining both its benefits and challenges.

Understanding the Trend

Several factors contribute to the rise of multi-generational living arrangements. Economic pressures, such as soaring housing costs and stagnant wages, make it difficult for young adults to afford independent living. According to a recent Pew Research Center report, more than a third of young adults aged 18 to 34 are living with their parents, the highest share in decades. This statistic underscores the economic strain facing Millennials and their need for alternative housing solutions.

Broaching Financial Power of Attorney: A Sensitive Conversation

May 6, 2024 / David Russell

My elderly father is resistant to the idea of relinquishing control over his finances, but he's starting to show signs of cognitive decline. How can I delicately broach the subject of financial power of attorney without causing conflict?

Amy

First and foremost, know that you’re not alone in facing this challenge. Many families encounter similar hurdles as their loved ones age, and it’s perfectly natural to feel apprehensive about initiating such conversations. It can feel like tip-toeing through a minefield of emotions, especially when broaching the subject of financial power of attorney.

Approaching the topic with sensitivity and empathy is key. Start by creating a safe space for open dialogue, perhaps over a cup of coffee, during a walk, or other quiet moment together. Express your concerns from a place of love and genuine care for your father’s well-being without sounding patronizing. I would also avoid using any of the phrases below as they can sound manipulative, demeaning, or patronizing.

How NOT to start the conversation

“Dad, now that you have dementia, don’t you think you need help managing your affairs…”
“You know, it’s only a matter of time when you’re going to slip up and make a big mistake…”
“I’m only doing this for you…”
“You know, Mom would want you to do this…”

Good conversation starters

In my Financial Caregiver Academy Course, I dedicate two lessons to Working as a Family. In Part One, I outline Seven Conversation Starters that may help begin the conversation. However, it may not always be you or a sibling that is best for broaching the topic. Sometimes a trusted friend, spouse, or outside advisor can open the door to the conversation easier than the adult child.

When discussing the idea of financial power of attorney, emphasize the importance of maintaining his autonomy. Assure him that this step is not about taking away his independence but rather about ensuring his wishes are honored and his best interests are protected.

One thing you could mention is the use of a Springing Power of Attorney – that is only upon the occurrence of a predefined event will the power “spring” into being. Usually the event is when two physicians known to the individual attest that he is no longer capable of managing his affairs. Until then, your dad would retain full control over his affairs.

It’s crucial to listen attentively to your father’s concerns and reservations without dismissing them. Acknowledge his fears and uncertainties, and validate his emotions. Reassure him that you’re there to support him every step of the way and that decisions will be made collaboratively, with his input and wishes guiding the process.

Depending on your father’s level of understanding and engagement, you may find it helpful to provide educational resources or involve a trusted third party, such as a financial planner or elder law attorney, in the discussion. These professionals can offer expert guidance tailored to your family’s unique circumstances and help navigate the legal and logistical aspects of establishing a financial power of attorney.

Remember, these conversations may not always unfold smoothly, and it’s okay to take things one step at a time. Be patient with yourself and your father as you navigate this journey together. By approaching the topic with empathy, respect, and a commitment to collaborative decision-making, you can help ensure that your father’s financial affairs are managed responsibly while preserving his dignity and autonomy.

When It’s Time for Dad (or Mom) to Give Up Driving

September 21, 2023 / drussellcfp

If our parents live long enough, there will be many conversations we’ll need to have with them that may make us very uncomfortable. One conversation that we all dread is discussing the possibility of our parent giving up driving. This sensitive topic can be challenging to broach, but it’s a crucial one for the safety and well-being of both our parent and others on the road. In this post, we’ll explore the reasons behind this necessary conversation, provide strategies for discussing it with your parent, and touch on the issue of liability exposure in certain situations.

Why Is This Conversation Necessary?

First and foremost, safety is the primary concern when it comes to aging parents and driving. As your parent gets older, their physical and cognitive abilities may decline, which can make them more susceptible to accidents. Slower reaction times, decreased vision, and other age-related changes can put them and others at risk on the road. According to the CDC, drivers aged 75 and older have the highest death toll in car accidents, primarily attributed to age-related factors such as diminished vision, cognitive decline, and physical changes. Furthermore, the death rate per thousand crashes is notably higher among drivers aged 70 and above when compared to middle-aged drivers, who fall in the 35-54 age range.

Navigating Family Dynamics: A Compassionate Guide for Caregiving Together

August 16, 2023 / David Russell

The journey of caregiving is often a complex, emotional, and deeply rewarding experience. As we reach a certain stage in life, the roles begin to shift, and we find ourselves faced with the responsibilities of caring for our aging loved ones. This transitional phase, though born out of love and concern, can also lead to tensions and challenges, especially when navigating the intricate web of family dynamics. For those in the caregiving age demographic, finding ways to work together harmoniously as a family becomes paramount in ensuring that our caregiving efforts are rooted in respect, empathy, and collaboration.

Tip 1: Foster Open Communication

Communication is the cornerstone of any successful endeavor, and caregiving is no exception. Initiate open dialogues where family members can express their thoughts, concerns, and wishes. Encourage active listening, allowing each voice to be heard, and validate emotions. As Dr. Maya Angelou once wisely said, “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

Tip 2: Embrace Each Other's Strengths

Every family member brings unique strengths and abilities to the caregiving journey. Embrace these strengths and divide tasks accordingly. By recognizing and valuing each person’s contribution, you create an atmosphere of shared purpose and cooperation.

Tip 3: Seek Professional Guidance

Sometimes, external advice can ease the strain of family dynamics. Engage a professional mediator, counselor, or geriatric care manager to provide a neutral perspective and guide your discussions. Their expertise can offer insights that help in making difficult decisions while preserving family bonds.

Tip 4: Establish Boundaries with Respect

Caregiving often involves intimate aspects of an individual’s life. Set clear boundaries and respect each other’s personal space and autonomy. Dr. Jane Nelsen reminds us, “Respect is a two-way street; if you want to get it, you’ve got to give it.”

Tip 5: Maintain Flexibility

The caregiving journey is filled with unexpected twists and turns. Flexibility is key in adapting to changing circumstances. Remember that everyone is doing their best, and sometimes, the ability to adapt gracefully is the most valuable skill of all.

Tip 6: Celebrate Small Victories

Amid the challenges, don’t forget to celebrate the small victories. Whether it’s a successful medical appointment or a cherished moment shared, acknowledging these moments can uplift spirits and foster a positive atmosphere.

Tip 7: Preserve Family Traditions

As caregiving becomes a central focus, it’s essential to preserve and cherish family traditions. Engaging in shared activities and celebrating milestones can help maintain a sense of continuity and connection.

Research conducted by the National Institute on Aging underscores the importance of a united family front in caregiving, noting that strong family support positively impacts both the caregiver’s well-being and the care recipient’s overall quality of life. Dr. John Gottman, renowned for his work on relationships, emphasizes the significance of emotional bids and responding positively to them. This principle can be applied to caregiving, where acknowledging and reciprocating efforts can strengthen familial bonds.

In the realm of caregiving, family dynamics are an integral part of the equation. By fostering open communication, embracing each other’s strengths, seeking professional guidance, establishing respectful boundaries, maintaining flexibility, celebrating small victories, and preserving family traditions, families can navigate this challenging yet meaningful path with grace, compassion, and togetherness. As we embark on this journey, let us remember that by supporting one another, we create a legacy of care, respect, and love that will continue to resonate through generations.

Negotiation Techniques for Adult Children of Aging Parents

August 11, 2023 / David Russell

In an insightful article published on KFFhealthnews.org by Judith Graham, titled “Negotiate with Resistant Aging Parents: Applying Business Strategies,” researchers at Northwestern University explore the application of negotiation and dispute resolution techniques from the business world to defuse conflicts arising from caregiving and financial decisions involving elderly parents. As we strive to provide the best care for our aging loved ones, this article sheds light on strategies to navigate complex situations while respecting their autonomy and dignity. The article delves into a training curriculum designed to help professionals and family caregivers approach caregiving as a collaborative effort and offers valuable insights for fostering productive conversations.

Reaching an impasse with aging parents in their late 80s who resist the idea of receiving home assistance can be frustrating. Negotiation and dispute resolution techniques commonly employed in the business world have shown potential for resolving such conflicts, according to a group of researchers at Northwestern University.

The team has developed a specialized training program focused on negotiation and dispute resolution. Aimed at social workers, care managers, and healthcare professionals working with resistant older adults, this curriculum encourages professionals to engage in collaborative caregiving approaches that honor the individual’s preferences, rather than imposing decisions.

Lee Lindquist, the chief of geriatrics at Northwestern University’s Feinberg School of Medicine, who leads this initiative, highlighted the prevalence of conflicts among older individuals and emphasized the program’s goal to de-escalate such situations, ensuring older adults receive the necessary support while maintaining their dignity.

A significant component of this project is the development of a computer-based training program for family caregivers dealing with mild cognitive impairment or early-stage dementia in their loved ones. Dubbed “NegotiAge,” this program employs avatars of older adults to simulate negotiation scenarios. Through practice, caregivers can refine their negotiation skills and techniques.

This project, funded by the National Institutes of Health with nearly $4 million, strives to make NegotiAge widely accessible after evaluating its effectiveness.

For family caregivers seeking to navigate conflicts with aging parents, the article outlines several proactive steps:

1. Prepare: Before entering negotiations, thorough preparation is vital. Jeanne Brett, a member of the NegotiAge team, suggests addressing fundamental questions, identifying issues, involved parties, their positions, motivations, and potential consequences if an agreement is not reached. Document your goals for the upcoming conversations.

2. Identify Common Interests: Finding common ground among the parties involved is key. Emphasize shared goals and interests, such as maintaining the older adult’s independence, safety, and social connections.

3. Ask Questions: Avoid making assumptions about the reasons behind a parent’s stance. Engage in open-ended discussions to understand their perspective. Show empathy and genuine concern.

4. Brainstorm Strategies: Emotions can run high during negotiations, particularly within family dynamics. Shift focus from conflicts to collaborative problem-solving. Encourage creative thinking and explore multiple potential solutions.

5. Third-Party Involvement: If resolution remains elusive, consider involving a neutral third party, like a mediator or healthcare professional. External input can provide a fresh perspective and facilitate productive discussions.

Applying these strategies can lead to more effective communication, allowing families to navigate challenging decisions while preserving relationships and respecting the autonomy and dignity of aging parents. As the Northwestern University research advances, caregivers and professionals alike stand to benefit from enhanced tools and approaches to address the complexities of eldercare.

To read the full article by Judith Graham on KFFhealthnews.org, visit: Negotiate with Resistant Aging Parents: Applying Business Strategies.