Elder Law Update - Clinkscales Elder Law Practice, PA

www.ks-eldercare.com
October 2012
Elder Law Update
Clinkscales Elder Law Practice, P.A.
2604 General Hays Road, Suite B
Hays KS, 67601
(785) 625-8040
Too Many Pockets
This is a continuation of the lessons from my motorcycle trip in July 2012 to Scottsbluff, Nebraska and
Denver, Colorado on my motorcycle – a three day
odyssey covering 1100 miles in temperature of over
100 degrees. It was a test of endurance but also gave
me a lot of time to think.
Let me describe the storage areas on my motorcycle.
It has a pouch in front where I keep my gloves, a
wrench, Chapstick, and other small things. It has two
saddle bags. I keep rain gear, tools, extra jackets, and
other miscellaneous items in those bags. It has a twopart backpack that slips onto the back of the seat.
That backpack has about ten different compartments
with zippers. All of my belongings not in the saddle
bag or in the front pouch had to go into that backpack.
Each time I got on my motorcycle, I would try to take
my billfold out of my back pocket and put it into one
of those zipper compartments in the backpack (I was
afraid if I kept it in my hip pocket it would vibrate
out). Many times I would start off on my motorcycle
after filling up with gas and wonder if I had put my
billfold in one of those compartments, and whether I
had in fact zipped the compartment up. Other times I
would not be able to find something because I had
stuck it in the wrong compartment, come to the conclusion that I had lost it, only to discover the “lost”
item later in a different compartment.
trip, I was trying to find my motorcycle boots and
jacket. As I told you in the very first installment it
had been about five or six years since I had ridden
my motorcycle on any kind of trip. It had probably
been that long since I had seen my motorcycle
jacket or boots. In my search to find the boots and
jacket I went through closets and storage places
throughout the house. Along the way I found stuff
that I had been looking for for years – things I
thought had been lost or thrown away.
Many times we experience that with the planning
that we do. We purchase something (like life insurance), open an account somewhere, invest in something, or do our estate plan, only to put it away
somewhere. We lose touch with where things are.
We lose touch with what things will do for us.
When we need that item, either we can’t find it or
we don’t remember if it even exists.
Here are common statements I hear: “Well I have
a power of attorney but I can’t find it.”; “My mom
had a will, I have a copy but I can’t find the original.”; “I think that we have an insurance policy that
will cover that claim, but we don’t know where it
is.”; “We think Dad has an account at some other
bank but we don’t know where it is.”; “Mom and
Dad did a lot of online trading, but we don’t know
with whom, the account number, or the passwords.”
Similarly when I was getting ready for the motorcycle
www.ks-eldercare.com
Continued on page 2
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Elder Law Update
Too Many Pockets cont’d
What my clients are experiencing is having too many
pockets and too many closets. We can’t find stuff
when we need it and we find stuff when we don’t
need it.
It is very critical, whether you’re young or old that
you know where and what your “stuff” is. I’m not
talking about boots or jackets, I’m talking about your
estate plan, your insurance, your investments, and
the like. One of our goals when we’re working with
our families is to help them get a handle on where
all of their “stuff” is, what is it intended to do,
whether it will in fact do what the client thinks it
will do, and whether it is something that needs to
be kept or thrown out. That way if something
happens, we will know exactly what tools and resources we have in place, how to tap into those resources immediately, and if something happens to
Mom or Dad, how the family can jump right in and
take over and access all the planning that their
parents have done.
It is not a simple process. The earlier we can get
started the better.
It will be so helpful to your family to have everything organized so that there is not too many pockets or too many closets to look through when there
is a critical time in your life.
If we can help you eliminate or organize your pockets and closets give us a call.
What was my solution on my trip? In Kimball, Nebraska I was thoroughly convinced I had lost my billfold. After I finally found it tangled up in a jacket, I
created a back-up plan. I put an extra credit card
and cash in a “secret” place, never to be used.
While I continued to struggle to remember if I had
put my billfold away, at least I did not experience
the “terror” of being penniless!
Chimney Rock– Nebraska Photo by Randy Clinkscales www.ks-eldercare.com
First Annual Geriatric Symposium
Page 3
October 2012
Clinkscales Elder Law Practice, P.A. and KU Medical Center Area Health Education Center
(NW) are sponsoring The First Annual Educational Geriatric Symposium October 25th and
26th at the Fanchon Ballroom on East Highway 40 in Hays, KS.
Up to 18 CEU credits are being offered.
Registration is $100.00.
Featured Topics:
“All About Elder Law: An Overview of Advance Directives, Medicaid, and VA Benefits”
- Randy Clinkscales, JD, Attorney and Owner Clinkscales Elder Law Practice
“Caring for the Caregiver”
- Pam Blau, LPN, MNM, MEd, Care Coordinator, Clinkscales Elder Law Practice
“Exploring Abuse, Neglect, and Exploitation in the Elderly”
- Mitzi McFarich, M-Div, Executive Director, Kansas Advocates for Better Care
“Living Life to its Fullest in Your Senior Years”
- Pastor Kyle Emorian, M-Div., Celebration Community Church
“The New Department for Aging and Disability Services 2013–
How Will it Affect Our Elderly?”
- Secretary Shawn Sullivan, MS - Kansas Department for Aging and Disability Services
“Integrating Geriatric Care”
- Secretary Robert Moser, MD - Kansas Department of Health and Environment
“Dealing with Conflict in Families”
- Micki Armstrong, MS – Student Advisor and Instructor, FHSU
“Dementia: What is it and how do we work with it?”
- Dawn Bradley, LMSW, Case Manager, Senior Focused Care
“Medicaid From the Trenches”
- Joy Thomas, BS, Paralegal/Medicaid Benefits Specialist, Clinkscales Elder Law Practice
“Tools to Use for Governmental Benefits: Making Available Resources Unavailable”
- Jenny Walters, JD, Associate Attorney, Clinkscales Elder Law Practice
“Grief Experiences” - Myrna Kober, LMSW, Hospice – HMC
“Emergency Preparedness for the Elderly”
- Bill Ring, BA, Coordinator, Ellis County Emergency Management
“Discussion: Elder Law Issues – Question and Answer Session”
- Randy Clinkscales, JD; Jenny Walters, JD; Joy Thomas, BS; Pam Blau, LPN, MNM, MEd (Round Table)
www.ks-eldercare.com
You can do this! Four tips for Caregivers.
By ElderCarelink
Only in the rarest cases are caregivers prepared to
take on that role. More often, one of two things happens. You get more and more involved in your
parent's or loved one's life until one day it dawns on
you that you are a full-time caregiver. Or, there's an
emergency, and that transition is hard and fast.
2. Know yourself. Get an idea of your physical
and mental limits, your strengths and weaknesses -and don't cross your own boundaries.
1. Keep a positive attitude. The way you approach
your new life as a caregiver can change everything.
When you choose to act with love, you're more likely to be patient and accepting of your loved one's
needs.
this. You have friends, family, support groups, doctors, care centers, and a wealth of information
online to help you. (Article provided by Mary
Drake, Care Coordinator)
3. Be proactive. Get important legal paperwork
done before it's due, and make plans financially and
otherwise for what's to come. You'll thank yourself
Neither situation allows you the time to think about later, and feel like you're accomplishing something
things, to weigh your options or make measured de- in the short term.
cisions -- and you certainly don't have the time to
learn the ins and outs of caregiving. It can feel like 4. Do your homework. Learn as much as you can
trying to learn to fly while still building the plane, about caregiving, your loved one's medical condition, potential legal issues and, of course, how your
rocketing towards the ground all the while.
loved one is handling the situation. Research is the
The National Family Caregiving Association has put
first step to being prepared.
together a list of tips for believing in yourself as a
caregiver. Here it is in shortened form:
Most importantly, remember you aren't alone in
CLINKSCALES ELDER LAW PRACTICE, P.A.
J. RANDALL CLINKSCALES
P.O. Box 722
Hays, Kansas 67601
—————
Telephone (785) 625-8040
Toll Free (877) 325-8040
Fax (785) 625-9113
www.ks-eldercare.com
This newsletter is for general informational purposes
only and does not constitute legal advice.
“A trusted guide for your journey”