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Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Dec. 18, 2006 / 27 Kislev, 5767

Need legal advice to help estranged parents

By Jan L. Warner & Jan Collins


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http://www.JewishWorldReview.com | Q: Our parents are in their late 70s and have been caring for our special-needs brother, now 47, since his birth. After my sister and I left home, Mom and Dad continued to isolate themselves from friends and family, to what we now believe is an unhealthy state. In the past, they welcomed our children and had holiday meals at their home, but that has all stopped. Our conversations with them have become shorter and less frequent.


We know that they have done no planning for either death or disability, and particularly have done nothing concerning how our brother will be cared for should either or both of them be unable to provide that care. We know that our brother is receiving SSI and Medicaid, but we know nothing about our parents' finances, since they have always been close-mouthed about these things. My sister and I took it upon ourselves to try to find a lawyer who could help us try to help them, but we haven't found anyone with whom we are comfortable. Where should we go from here?


A: The questions you raise, while not particularly unusual in today's environment, are very difficult even if the folks who are dealing with the situation are anxious to seek out assistance. The fact that your parents will probably be resistant to what they consider to be "outside interference" compounds the complexity of situation.


The practice of elder law encompasses dealing with the issues that face your parents and brother, and ultimately, you and your sister. We suggest that you use a two-stage approach:


First, find and qualify an attorney. We suggest you go to www.naela.org to find a list of attorneys in your area, and then qualify those whom you choose. Second, work with that attorney to develop a strategy to reach out to your parents. The qualification process should include satisfying yourselves that the attorney you choose has a solid working knowledge of the following areas.

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A. Medicaid, SSI and related public benefits, including eligibility criteria, coverage and planning principles that will afford your parents, and after their deaths, your brother, with maximum asset protection and benefits.



B. Medicare, including what is covered by Parts A, B and D.


C. Long-term care facility regulations, including a knowledge of state and federal laws regulating long-term care facilities as they relate to admission and discharge, quality of care, required services and record-keeping requirements, plus awareness of how to deal with failure to comply and knowledge of applicable vulnerable adult, elder abuse and exploitation laws.


D. Wills, trusts, and estate planning, including specialized drafting of appropriate wills and trusts in a manner that will fit the needs of your parents and brother. In your parents' situation, this should include an understanding of the special-needs trust area. Knowledge of gift and estate-tax laws is essential.


E. Powers of attorney and advance directives, including the ability to draft specialized durable powers of attorney for finances and advance health-care directives, and to discuss right-to-die and continuing care issues.


F. ADA and age discrimination, including sufficient knowledge of the basics of the Americans with Disabilities Act and related laws.


G. Guardianship and Conservatorship, including a full working knowledge of the laws and practicalities concerning the appointment and regulation of guardians and conservators.


H. Taxation, including a working knowledge of the income-tax ramifications of transactions because oftentimes, long-term-care planning involves asset sales and transfers and gifts.


Other areas: In addition to the above, the attorney should be conversant with Social Security, retirement plans, taxation of retirement funds, taxation of Social Security benefits, income taxation of trusts and estates, and elder abuse laws.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.

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