Accidents Have Consequences

Gene L. Osofsky, who specializes in Elder Law, advises that while you can’t always be protected from accidents, you can often mitigate their consequences.

Some people are accident prone. It’s often a matter of luck, being in the wrong place at the wrong time. Sometimes what seems to be an accident isn’t really one; it could have been prevented by better planning or care. But sometimes an accident is just that, unavoidable. “Who hasn’t had a computer crash without warning, or a pipe break in their basement, flooding it?” asks Attorney Gene L. Osofsky of the law firm Osofsky & Osofsky, who specializes in Elder Law. Events don’t always go right, and sometimes an important paper or a document can be accidentally misplaced and lost with the passage of time. “I’ve misplaced things,” Osofsky admits.

This can even happen with crucial estate planning documents, most significantly after they are executed. “My clients have been known to misplace things too,” says Osofsky.

To prevent such avoidable mishaps, Osofsky offers some advice.

“You should always make copies,” he says, “and these should be kept separate from your signed originals. Photocopies should be made and placed where they can easily be found by your agents. A closet in your office or a bookshelf in your library can be ideal for storing photocopies.”

Original documents should be placed somewhere safe from easy theft and in a place that’s less susceptible to natural disasters, such as fires or floods. “A home fire-safe can be an excellent investment,” Osofsky says, “I also like safe-deposit boxes, although the box should be in the name of the established trust rather than your own.” Agents and fiduciaries should have extra copies of essential documents “just in case.” Adds Osofsky, “Don’t forget your Advance Healthcare Directive and your HIPAA Privacy Authorization.” Your nominated guardians should have the original document allowing them “to make health care decisions for your minor child should you become unavailable,” he concludes.

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Michael Jackson’s Will

The last will and testament of pop music superstar and cultural icon Michael Jackson seemed to indicate a fair degree of planning. Yet the specifics remain murky and many questions remain. Gene L. Osofsky, who specializes in Elder Law and Estate Planning, offers a few insightful comments about what the famous entertainer left behind.

Attorney Gene L. Osofsky, of the law firm Osofsky & Osofsky, was as much taken aback as the rest of us by the sudden and premature death of pop music superstar and cultural icon Michael Jackson at the age of 50. Unlike many middle-aged “baby-boomers,” Jackson did have a will drawn up, and it was even made public. The document aroused Osofsky’s curiosity. Like millions of Americans, the attorney specializing in Elder Law was somewhat familiar with the publicized particulars of Jackson’s turbulent life, and the release of a will was not entirely unexpected by Osofsky. “There was considerable media speculation about Michael Jackson and his will, and it seemed logical that he’d created one.” The will was five pages long, and shifted Jackson’s entire estate into an instrument called the Michael Jackson Family Trust. Still, it revealed little about Jackson Estate specifics or instructions about how his estate would be handled.

Jackson’s will wasn’t exempt from the law. Although a will can remain private while a person is alive, it becomes a matter of public record once it is submitted to the probate courts after a person dies. But a trust is usually a private document, and in most cases remains private. In Jackson’s case, the financial details are presumably all in the trust. There was a detail on page 4 of the five-page document that did catch the attorney’s eye. In paragraph 8 of his will, on page 4, just above his signature, Jackson states, “If any of my children are minors at the time of my death, I nominate my mother KATHERINE JACKSON, as guardian of the persons and estates of such minor children. If KATHERINE JACKSON fails to survive me, or is unable or unwilling to act as guardian, I nominate DIANA ROSS as guardian of the persons and estates of such minor children.”

Asserts Osofsky, “Whatever odd or inexplicable things Jackson may have done during his life, he seems to have taken steps to provide for his children’s care, financial needs and privacy after his death. That’s more than I can say for a lot of people.”

To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

The Scamming of Our Elders

It happens as much through e-mail as it does through postal mail or via telemarketing calls these days. You receive an offer you can’t refuse promising riches or else alleging that you’ve already won. If it seems too good to be true, it usually is.

You’re checking your email. A message from someone you don’t know has arrived. They’re begging for your help. The situation might seem contrived or even preposterous, but you are tempted. You can’t help reading it. Your experience in growing up during the Great Depression has instilled a spirit of always wanting to help someone in need, and this message is even better: If you do help this person, providing information about yourself or your finances, sending some money, the writer promises that you will be rewarded many times over. You fall for it. Perhaps you succumb more than once.

Sometimes a postal mail, email, or telemarketing call identifies you as a lottery or contest winner. It doesn’t matter that you never entered; this fact is clouded by the fact you’ve won. Why would someone tell you that you’ve won something when you haven’t?

Because, as is too often the case -- you’ve been scammed, that’s why. Less sophisticated online than many younger people, and vulnerable also to cheats in the “snail” mail, American elders are often victimized by fraudulent scam artists eager to separate them from their money. Duped elders have lost assets acquired over a lifetime – sometimes losing tens or hundreds of thousands of dollars.

With the Internet’s global reach, African countries like Nigeria and Sierra Leone have emerged as “scam industry centers.” Elderly victims tend to fit a profile. They often live alone, may have recently lost a loved one, or may be experiencing the early signs of diminished capacity. Besides routine crime prevention steps that can be taken to protect a loved one, an attorney specializing in Elder Law can establish some protection from con artists by building effective language into trusts and estate plans. In extreme situations, a trusted family member can be given power of attorney over bank accounts and financial matters. But being scammed can be painful for young and old alike.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.

Caregiver 360®: The Caregiver’s Gal Friday

This interactive Web service can be a personalized care guide for caregivers so that your loved one may receive state-of-the-art 24-7 care in the comforting environs of your home.

Ken Ziel came to the nuts and bolts of compassionate care the hard way. When his son Austin was born in 1990 with multiple disabilities, he was fearful that his son would not be approached with the same level of skill, compassion, and love that he and his wife could provide. Among other things, Ziel learned that without individualized instructions or personalized care guides, the very act of providing care could prove problematic.

Enter the system Ziel invented, Caregiver360®. An easy to use interactive Web service that assists in creating a safe and secure Personal Care Guide, it can serve as a comprehensive database of intimate experience, knowledge, and specific needs of your loved one. Besides providing immediate access to this personalized care guide, this Web-based service (economically priced at < $10.00 per month) makes available ample caregiving resources through a searchable online library. Testimonials on Ziel’s website address a potpourri of circumstances where hiring at-home caregivers and complementing their efforts with Caregiver360® might prove practical – children with chronic illness, adults with developmental disabilities, compassionate Alzheimer’s care, assorted elder issues, and persons suffering traumatic injuries such as brain stem encephalitis.

When you’re faced with a loved one in need of 24-7 at-home care, just getting away for an afternoon or evening can be a hurdle. It can be an even greater challenge to plan care for your loved one’s future if you were to become incapacitated or pass away. Locating and hiring a caregiver qualified and skilled enough to address your loved one’s needs is difficult enough. But that carefully selected caregiver will need detailed lists of instructions so that all your best intentions concerning your loved one’s needs are addressed, including a litany of “what ifs?” Caregiver360® can keep a record of all details, regimens, and instructions including prescriptions and medications, and update and communicate that information as circumstances change. To have this comprehensive record linked to the latest research, resources, and best-practice recommendations at the click of a mouse can be a comforting resource.

Gene Osofsky is an East Bay elder law attorney in California. Gene Osofsky specializes in Medi-Cal planning, wills, probate, trusts, nursing home issues, special needs planning, and disability planning. To learn more about East Bay elder law lawyers, East Bay elder law attorney, Medi-Cal planning, Medi-Cal planning lawyers and The Law Offices of Osofsky & Osofsky, visit Lawyerforseniors.com.