Only 35 percent of Americans over age 65 are online, according to data from April and May compiled by the Pew Internet Project at the Pew Research Center.

But when you account for factors like race, wealth and education, the picture changes dramatically. “About three-quarters of white, college-educated men age over 65 use the Internet,” says Susannah Fox, director of the project.

I recently received a letter offering a “Certified Copy” of the deed to my home. The offer explains that the Federal Citizen Information Center recommends that every home owner have a certified deed and that the National Deed Service could provide a deed for just $59.95. There actually is an article at the Federal Citizen Information Center recommending that everyone have a copy of the deed to their home, which can be found here. And indeed, for estate planning, medicaid planning, or asset protection planning, it is a good idea to have a copy of the recorded deed to your home on hand. As the Federal Citizen Information Center article notes:

When was the last time you couldn’t find an important paper you knew you had carefully put away? How do people decide where to store and keep such records? And how do they know what to keep, what to throw away, and when? Do you have an easy to figure out system you or a loved one can refer to in case of an emergency?

If you take a look at the Medicaid Checklist, you will see that gathering important information can be a big job.

But the National Deed Service price of $59.95 for a copy of your deed is outrageous. Even the Federal Citizen Information Center has a warning about the problem. A copy of your recorded deed is available at your local register of deeds for $1.00 per page or less. In most cases, that is going to be just $2.00. Melissa Devaugh of the Lapeer County Register of Deeds echoes the warning about this deed scam here:

This company is not affiliated with Lapeer County Government in any way. This company is using tactics to persuade you to pay an outrageous fee (a whopping $69.50) to them and in return they will provide you with a copy of your deed. Please understand this company MUST obtain the Certified Copy from the Lapeer County Register of Deeds. Once they receive the certified document from US, they in turn provide it to you for the $69.50! Don’t be fooled! If you need a copy of your deed, please call the Lapeer County Register of Deeds. We will be happy to provide you a certified copy at a low cost of $1.00 per page plus $1.00 for the certification…A MUCH LOWER COST THAN WHAT THIS COMPANY IS ASKING!

It is unfortunately the case that scams like the National Deed Service take place every day. And indeed, the scams are often much more damaging than $59.95. Many of the victims of the scams are the elderly who cannot afford the unnecessary loss. Asset protection planning can help seniors to avoid falling victims to this and other more serious scams.

I recently had a conversation with an elderly woman who lamented that her living circumstances did not allow her to have a pet. Isolation and loneliness can be a very real problem for many seniors who are often without family nearby or even pets for companionship.

One partial solution to this problem is offered by groups like Therapy Dogs International. Therapy dogs are certified according to rigorous standards to have the proper temperament for visiting the elderly and disabled in senior housing, assisted living, hospitals and nursing homes. The unconditional love of a dog has an undeniable therapeutic effect on many people. A UCLA medical study “showed that trained Assistance Therapy dogs, visiting severely ill cardiac patients in intensive care, lowered their stress and anxiety and their heart and lung pressure significantly.”

There are several animal therapy groups operating here in Michigan. The Michigan section of The Land of Pure Gold Foundation (click here for web addresses of specific therapy dog groups in Michigan and here for information on the foundation and cute pictures of golden retrievers) provides links to several groups, including Dr. Paws and OATS (Offering Alternative Therapy with Smiles), that provide animal therapy. Interestingly, OATS also offers horse therapy for a variety of people with special needs.

I am personally interested in getting my golden retriever, Murphy (pictured), started in therapy dog training since he is so calm and sweet, and will sit to be petted almost indefinitely. For anyone else who is interested in pursuing certification for a dog, there is a frequently updated calendar of therapy dog training and certification events here for Michigan. For a directory by state, you can click here.

Anyone connected with an assisted living center, nursing home, hospital, adult foster care or senior center interested in having therapy dogs visit residents can reach Therapy Dogs International here. In Michigan, you can contact Therapaws, Dr. Paws, or West Michigan Therapy Dogs, Inc.

UPDATE: You should also visit this page at The Land of Pure Gold Foundation. Click around and enjoy.

Recent litigation over the estate of Martin Luther King, Jr. provides an illustration of problems that can develop in the administration of a trust or estate and an opportunity to discuss ways to avoid disputes in estate and trust administration. In the case of the King family, Dexter King is president of the Estate of Martin Luther King, Jr. Corporation. This company controls the use of the image and property of the late Martin Luther King, Jr. Bernice King and Martin Luther King III have sued Dexter King, alleging that he obtained control of assets that were the property of the estate of Corretta Scott King. The lawsuit further alleges that Dexter has mishandled the property of the Estate of Martin Luther King, Jr. Corporation and that Dexter has refused to provide information to beneficiaries and shareholders regarding his activities. This litigation highlights several issues to consider in estate planning and administration.

First of all, it is not uncommon for there to be confusion over what exactly is estate property. What happens, for example, if Fred provides a $5,000.00 gift in his will to Joe and he also names Joe as a beneficiary on a savings account worth about $5,000.00? Should the savings account satisfy the gift in the will, or does Joe get an additional $5,000.00 from the estate? In the litigation over the King estates, there seems to have been confusion over what was part of Coretta Scott King’s estate (the probate assets) and what belonged to the Martin Luther King, Jr. Corporation (a non-probate asset). Any estate can be set up to avoid this kind of confusion and avoid misunderstandings between family members down the line by consolidating the estate to a trust.

A second issue presented in the King litigation involves the handling of personal property. Most wills give the personal representative direction to sell personal property and use the proceeds to pay estate obligations and make distributions to heirs. But in many cases, family members may disagree with the sale of personal property–either because the item has more sentimental value or, as in the case of Martin Luther King, Jr.’s estate, the property is very valuable and the sale price is subject to second-guessing. The reports have insinuated that Dexter King’s decision to sell substantial property of the corporation for $30 million may not have been supported by his siblings. There is also the possibility that the sale was below fair market value. Indeed, rather than sell at a public auction with Sotheby’s, and potentially obtain a better price, the corporation’s property was sold privately at the eleventh hour. Disposition of assets by public auction is clearly a safer route for fiduciaries. Beneficiaries who believe the property more valuable than the asking price have the opportunity to purchase the property themselves and obtain that better price.

Finally, there are allegations that Dexter has refused to provide documentation of his handling of the corporation. My advice to trustees, personal representatives and other fiduciaries is simple: stay organized, be honest, and keep a paper trail. Estate inventories and accountings are provided to beneficiaries as a matter of right. Keeping interested parties informed is the easiest way to avoid disagreements and distrust.

Simple procedural safeguards can be required by estate plan documents to diffuse arguments before they start. Indeed, careful drafting can help prevent disagreements like these and keep families together–and out of court.

Any adult caregiver who has control over a parent’s assets (such as by power of attorney, as a trustee, or through joint bank accounts) can be in a very dangerous position for several reasons.

First, adult caregivers who receive compensation are vulnerable to charges of undue influence, constructive trust and other damaging allegations. How do these arrangements become such a problem? Consider that in many families, it is common for one child to bear a disproportionate share of the caregiving duties. Second, realize that such a caregiver is generally closer geographically and sometimes emotionally to Mom and Dad. The opportunity for jealousy to develop is obvious as well as the opportunity for wrongdoing. And regardless of what actually happened, it is easy for there to be an appearance of wrongdoing. Finally, bear in mind that caregiving is extremely time-consuming, stressful and expensive for the caregiver. Just as a stay-at-home mother is worth well over $100,000.00 per year in terms of replacement cost, a caregiver often makes an economic sacrifice to take care of Mom and Dad rather than work at a job. When you consider all of these factors together, it is easy to see how there is an emotional thunderstorm forming around the care of many seniors. Money is a significant factor, but it is often less significant than the stress on, and the quality of, relationships among family members.

From an estate planning perspective, there are several solutions to these problems. One is that a durable power of attorney or trust agreement can allow compensation. But it is important to keep a log of activities and a clear paper trail—periodic accountings may not be a bad idea in some cases—in order to avoid disagreements down the line. Second, caregiver contracts can go a long way toward establishing and meeting expectations. Putting duties and compensation in writing is a helpful way to avoid misunderstandings and insure that Mom and Dad receive the care that they need.

One word of caution here is that siblings are not the only ones who may want to examine compensation for care. Here in Michigan, the Department of Human Services will want to review all transfers made within five years of entering a nursing home and applying for Medicaid. In most cases, the DHS will take the view that payment for caregiving is a gift rather than an exchange for fair market value. It is possible to therefore have a penalty imposed and a period of ineligibility for Medicaid long–term care assistance. The position of the DHS on this point is discouraging to caregivers and really the families of all seniors who need assistance from family members in order to retain independent living as long as possible. With proper planning, however, it is possible to provide appropriate compensation without endangering Medicaid eligibility. But this will require a two-pronged estate plan: on the one hand, there will be a care contract among the family members to avoid disagreements down the line. On the other, there will be an asset protection plan that shields the compensation among family members from being treated as a divestment resulting in ineligibility.

UPDATE: This story reports  on a survey in Ireland that shows caregiving to be on the decline:

The tradition of relatives caring for sick, elderly or disabled loved ones at home is under severe threat, a new report warned yesterday.

Many of Ireland’s 161,000 carers are struggling to cope and feel over-burdened, unappreciated and unable to have a life of their own.

HT: Elder Law Prof Blog.

How lax is security at Alzheimer’s facilities in Germany? This story apparently answers that question and explains that fake bus stops are used to gather in patients who wander away:

“It sounds funny but it helps,” said Franz-Josef Goebel, the chairman of the “Old Lions” association.

The result is that errant patients now wait for their trip home at the [fake] bus stop, before quickly forgetting why they were there in the first place.

“Our members are 84 years old on average. Their short-term memory hardly works, but the long-term memory is still active.

“They know the green and yellow bus sign and remember that waiting there means they will go home.”

I have never seen a facility in Michigan that would allow patients out the door, never mind rely on a fake bus stop to retrieve the patients. I wonder, however, whether this story has been reported with complete accuracy or if something has been lost in translation. I cannot believe that an Alzheimer’s ward would allow patients to wander off unobserved. It makes more sense that the fake bus stops are used as a form of therapy: if the patients feel that they must try to return home, the bus stop can allow them to scratch that itch. And going out to the bus stop will give the patient some exercise. But I would be interested to hear the thoughts of others with some expertise in the care of Alzheimer’s patients. Can this story be accurate as reported?

Gertie Brooks, a columnist for my local paper, the Tri-City Times, has written an interesting column on the origin of ‘Taps’. I have no idea if the history is accurate, but Gertie seems a trustworthy source and the story, while astounding, explains much. ‘Taps’ apparently originates from the civil war and a story worthy of ancient tragedy:

It all began in 1862 during the Civil war when Union Army Captain Robert Ellicombe was with his men near Harrison’s Landing in Virginia. The Confederate Army was on the other side of the narrow strip of land. During the night, Captain Ellicombe heard the moan of a soldier who lay mortally wounded on the field. Not knowing if it was a Union or Confederate soldier, the Captain decided to risk his life and bring the stricken man back for medical attention. Crawling on his stomach through the gunfire, the Captain reached the stricken soldier and began pulling him toward his encampment.

For the rest of the story click here.

For a variety of reasons–a relative’s health problems, the recent passing of a client–I find myself all the more appreciative of life in general. It is one blessing of working with the elderly generally that I am often reminded of life’s preciousness, and working with veterans in particular helps me to know the extent of the sacrifices our veterans have made. To all of our veterans and their families, thank you.

UPDATE: The History Channel offers a very different story on the origin of ‘Taps’ that can be found here.

The reality is that families faced with the chronic illness or disability of a loved-one often have few options but a traditional long-term care facility. Aside from the financial devastation that this usually entails, there is the fact that a traditional nursing home is a difficult place to be in. It is good therefore to see nursing home alternatives emerging, such as described in this story about a new nursing home developing near Grand Rapids, Michigan:

Differing from a traditional “hospital-style” nursing home, the so-called green house concept features smaller facilities designed to create a home-like setting with private rooms, baths and other amenities. Residents still receive the daily assistance and medical care they need, though their activities are not regimented nor predicated on their medical needs.

While the article is silent on the cost of care at this facility, it is not unreasonable to assume that it will be more expensive than traditional nursing home care. If it were otherwise, the article would be trumpeting both higher quality care and lower costs. The fact is that this sort of care remains out of reach for most seniors whose savings would be quickly depleted by the cost of this higher level of assistance. Perhaps the best chance most seniors will have at this sort of care is begin planning early in order to maximize assets.

The same technology that allows coffee and internet afficiandos to stay in one cafe for hours on end is now helping seniors to retain their independence and cope with serious health issues. A new Wi-Fi device is capable of alerting your physician in case of heart attack. Thoughtful implementation of new technologies offers a great deal of promise for those seeking to remain independent for as long as possible. Similar technologies offer the promise of helping seniors remain independent as long as possible. Advances in home design and remodeling are likewise helpful to seniors who wish to age in place.

The Michigan Department of Community Health announced today that Detroit nursing homes would receive $1.7 million for improvements. See this Free Press article for coverage. I have never visited a nursing home that did not have a dedicated, but heavily-burdened staff. And obviously there is no end to the needs of the nursing home residents. I can imagine that in Detroit in particular, there would be certain areas that would feel an acute scarcity. I am glad that the patients and staff of these facilities will be receiving some help.