This is a question I often hear in my elder law practice.  My answer: be careful. 

This is a very common practice.  Some banks even advise their customers to do this.  Most adult children who have their names added to their parents’ accounts do so with only the best intentions; often it is just to help their parents pay bills.  The problem that often arises is this: if you are a joint owner of a bank account, you are also considered a joint owner of the funds in the account.  Should you have a lawsuit or a personal lien filed against you, file for bankruptcy, or divorce a spouse, those funds may be subject to those proceedings.  You may find it difficult to prove those funds are not actually yours. 

A financial power of attorney is generally a better, cleaner alternative.  Powers of attorney allow you to assist family members with managing their expenses and avoid account ownership problems.  Powers of attorney terminate on the death of the principal.  Another option is to be a signor, not an owner, of an account, if the financial institution allows that.  It usually is not clear.  Or, if probate avoidance is your parents’ concern, they may be able to designate accounts as payable on death (POD) to a particular beneficiary(ies).  If you must be joint owner of a bank account with a parent, it may be best to limit it to one account with a small enough balance that will not devastate your parent if the funds were lost. 

This is general information that may not be applicable to your specific situation and is not intended to be legal advice.  If you have specific questions, please contact an experienced attorney.

Contributed by Charlotte C. Johnson, JD

Contributed by Charlotte Johnson, JD

You may know someone who due to his or her physical or mental condition should not be driving a vehicle. This can be a sensitive topic.  No one likes to acknowledge one’s own disability, that one is not able to do the same things he or she used to be able to do. Also, loss of driving ability often means a loss of the sense of freedom to come and go as they please, as well as take care of their own needs. 

I once knew a woman who was so weak she used a wheel chair and could hardly keep her head up. She lived alone and, until recently, still drove.  Unfortunately, it took a tragic accident that took the life of a pedestrian and bankrupted her from the resulting wrongful death lawsuit for this woman’s adult son to realize that he needed to prevent her from driving against her insistence. Now, that was an extreme case where she clearly lacked the ability to drive.  However, even in less apparent cases, it is better to be safe than sorry!  If you have any doubts as to your loved one’s ability to drive, the time to act is now, before your doubts are confirmed the hard way.  Please do not allow your loved one to put his or her life or the lives of others in danger.  It is not worth it! 

What some ways to approach this sensitive issue?  The best method is to have a frank discussion with your loved one, expressing your fears.  Tell them you do not want anything bad to happen to them or anyone else.  Though they may dispute their abilities, they cannot dispute your fears.  If they are concerned that the loss of freedom to take care of their wants and needs, be willing to arrange rides for them with you, other family members, or friends as needed.  There are also numerous companies in the Valley who offer assistance with errands or other outings. 

If the loved one is resistant, there are a few other alternatives.  For example, anyone, including a friend or neighbor, may report the impaired driver to the Arizona Motor Vehicle Division Medical Review Program using the Driver Condition/Behavior Report (hyperlinked to http://mvd.azdot.gov/mvd/formsandpub/viewPDF.asp?lngProductKey=2042&lngFormInfoKey=1861) .  The identity of the person reporting the impaired driver is kept confidential.  The MVD may require the person to undergo medical, psychological, or driving skills evaluations.  Depending on the results, the MVD may suspend or revoke the person’s driver’s license.  For more information, contact the MVD or visit the Medical Review Program webpage (hyperlinked to http://www.azdot.gov/mvd/MedicalReview/MedicalRequirementsDL.asp).

More immediate alternatives are to hide the car keys, disconnect the car battery or spark plugs, take the car in for “repairs,” or call the police.  Unless allowed by a power of attorney, you technically do not have the right to take possession of their vehicle.  And that may not stop them from obtaining a new vehicle.

The Probate Court has the authority to take away driving privileges under guardianship proceedings.  The Probate Court also can take away control of assets if that person is incapacitated and unable to responsibly manage their own affairs.  In other words, a conservatorship could prevent your loved one from purchasing a new vehicle.   We suggest you meet with an attorney to discuss whether a guardianship or conservatorship is appropriate.

Safety should come first.  As your loved one’s physical and psychological abilities deteriorate, we strongly recommend you address these are serious concerns with them before problems arise.  For more information, please contact us at 480-922-1010.

Charlotte Johnson, J.D. is an attorney at Bivens & Associates, PLLC 

Last week the Arizona Legislature adjourned for the year. During this legislative session, several new measures were adopted that will impact the probate court, trusts, guardianship and conservatorship proceedings. At this point, all these measures are expected to become law on July 20, 2011, with the exception of Senate Bill 1499, which has a delayed effective date of December 31, 2011. If you are involved in any guardianship or conservatorship proceeding, a fiduciary, or a parent or spouse of an incapacitated person you should review the new laws and/or meet with counsel to see how they will affect you.

             Senate Bill 1499 most widely impacts guardianship and conservatorship matters, and was adopted in response to a series of articles in Phoenix-area newspapers about alleged abuses and huge attorneys fees in a handful of contested guardianship and conservatorship matters. In general, SB 1499 encourages transparency regarding fiduciary and attorneys fees and costs in connection with probate, guardianship, conservatorship and trust matters, requires fiduciaries and counsel to engage in a cost-benefit analysis to the ward, and discourages vexatious litigation. Among the specific substantive changes are the following:

             1.         ARS § 14-1104 has been added to require prudent management of costs. Specifically, “the fiduciary must prudently manage costs, preserve the assets of the ward or protected person for the benefit of the ward or protected person and protect against incurring any costs that exceed probable benefits to the ward, protected person, decedent’s estate or trust, except as otherwise directed by a governing instrument or court order.”  In addition, “a guardian ad litem, fiduciary, fiduciary’s attorney and attorney for the ward or protected person have a duty to a) act in the best interest of the ward or protected person, b) avoid engaging in excessive or unproductive activities, and c) affirmatively assess the financial cost of pursuing any action compared to the reasonably expected benefit to the ward or protected person”.  

            2.         ARS  § 14-1105 has been added to provide for remedies for unreasonable or abusive conduct.  In summary, if a party or their attorney engages in unreasonable conduct which results in professional fees or expenses to the ward/protected person, an estate, or trust, the Court may order that person or their attorney to pay some or all of the fees and expenses as the court deems just under the circumstances.  

            3.         ARS § 14-1108 allows the Court to order arbitration of a dispute after the initial appointment of a fiduciary.  

            4.         ARS § 14-1109 allows the Court to deny repetitive filings without a response or objection being filed and without a hearing or oral argument.  

             5.         ARS §14-5109 provides that when a Guardian, Conservator, an attorney or guardian ad litem’s intention to seek compensation first appears in a proceeding, that person must give written notice of the basis of the compensation by filing a statement with the Court and providing a copy of the statement to all persons entitled to notice pursuant to Sections 14-5309 and 14-5405. The statement must provide a general explanation of the compensation arrangement and how the compensation will be computed.  If the rates later change, notice  must provided to all persons entitled to notice not less than 30 days before the change becomes effective. As always, compensation must be reasonable and necessary. In approving compensation, the court must consider the best interests of the ward or protected person, and may consider the following factors: 1) whether the services provided any benefit or attempted to advance the best interest of the ward or protected person; 2) the usual and customary fees charged in the relevant professional community for the services; 3) the size and composition of the estate, 4) the extent that the services were provided in a reasonable, efficient and cost-effective manner; 5) whether there was appropriate and prudent delegation to others; and 6) any other factors bearing on the reasonableness of fees.  In summary, many of these factors have always been considered by the Court pursuant to case law, and have now been codified.

             6.         ARS § 14-5110 provides that a claim for compensation by attorneys or guardian ad litem who intend to be paid by the protected person’s estate is waived if not    submitted to the fiduciary in writing within 4 months after either rendering the service,    incurring the cost, initial appointment of the fiduciary, or the effective date of this section, whichever is later, unless a later deadline is established in advance by Court order.

              7.         ARS §§ 14-5307 and 14-5415 provide that the Court shall substitute a Guardian or Conservator, respectively, and appoint a successor fiduciary on the petition of the ward or any interested person if it is in the best interests of the ward. The Court does not need to find that the Guardian or Conservator acted inappropriately to find that substitution is in the best interest. The Guardian, Conservator, and their attorney may be compensated for defending against a petition only for the amount ordered by the Court and upon petition by the attorney.  The ward may also petition the Court for an order that the ward is no longer incapacitated or petition for substitution of the Guardian or Conservator at any time. An interested person, other than the ward or Guardian/Conservator, shall not file a petition for adjudication that the ward is no longer incapacitated earlier than 1 year after adjudication without Court permission. An interested person, other than the ward or Guardian/Conservator, shall not file                        a petition to substitute Guardian/Conservator earlier than 1 year after the order adjudicating incapacity unless the Court grants permission on the basis of affidavits that there is reason to believe that the current Guardian/Conservator will endanger the ward/incapacitated person’s physical, mental or emotional health if not substituted.

             8.         ARS § 14-5308 (F) has been added to prohibit any person or entity closely related to the court investigator from being appointed as fiduciary, attorney or professional in the same case or for the same person who was the subject of the prior investigation, unless otherwise ordered by the Court for good cause.

             9.         ARS §§ 14-5311 and 14-5410 which set forth persons with priority for appointment as Guardian and Conservator, respectively, provides that the Court may pass over a person who has priority and appoint a person who has lower priority or no priority for “good cause”. This includes a determination that, among other factors, the estimated cost of the fiduciary and associated professional fees would adversely affect the ability of the incapacitated person’s estate to provide for the incapacitated person’s reasonable and necessary living expenses.  

             10.       ARS § 14-5418 requires that the Conservator shall attach to the initial inventory a copy of the protected person’s consumer credit report from a credit reporting agency that is dated within 90 days before the filing of the inventory. In addition, unless otherwise ordered by the Court, a person who is entitled to notice of the annual accountings may request in writing that the Conservator do one of the following, not more than once every 30 days: (1) allow the person to view the protected person’s financial records, Conservator’s billing statements, the billing statements of the Conservator’s attorney, or other records related to the protected person under the Conservator’s control; (2) provide the requesting person with copies of these documents; or (3) provide a report of receipts and disbursements of the Conservatorship.

             11.       ARS § 14-5651(A)(3) requires that, upon appointment as Guardian or Conservator, a licensed fiduciary provide written information to the ward or protected person and all persons entitled to notice that the fiduciary is licensed by the supreme court and subject to regulation by the supreme court. The language of the written information provided by the fiduciary shall be prescribed by the supreme court and shall include reference to the code of conduct that all licensed fiduciaries must follow.   

             HB2211 adds ARS § 14-5312.02 to clarify that Guardians appointed with mental health authority under ARS §14-5312.01 have the power to admit their wards for inpatient mental health treatment. While this authority has already long existed, this statute clarifies that these Guardians have the authority to consent to continuing medical treatment during and after admission. Upon admission, the Guardian must present the facility with a certified copy, or a photocopy of the certified copy, of the Guardian’s Letters of Guardianship, and with a sworn statement under penalty of perjury that the Guardian has presented to the facility a certified copy, or a true and correct copy of a certified copy, of Letters of Guardianship with mental health authority that authorize the Guardian to admit the ward to a level one behavioral health facility issued pursuant to ARS § 14-5312.01, subsection B, and that the Letters of Guardianship are currently effective and have not been revoked, terminated or rescinded.

             HB 2402 in part creates a procedure for suspension of driving privileges for someone who has had a Guardian appointed. While the Court has suspended driving privileges in the past, this statute makes that process clearer. 

             HB 2403 makes some technical improvements to the Arizona Trust Code.

             SB 1081 adds ARS § 5301 to authorize a parent of an unmarried adult child to appoint a guardian by Will or other signed writing when the parent believes the child is an incapacitated person. Similarly, an individual may appoint a guardian for their spouse by will or other writing when the individual believes their spouse is an incapacitated person. The appointment is effective on death  of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician that the parent or spouse is no longer able to care for the incapacitated person, whichever occurs first. The guardian will be eligible to act upon filing of an acceptance within 30 days after the appointment becomes effective, and provides notice to parties as required in the new statute. This new statute allows for easier appointment of a guardian without judicial hearing, unless an objection is filed.  In addition, ARS §§ 14-5301.03 and 5301.04 was added to allow persons to initiate guardianship and/or conservatorship proceedings for a minor (at least age 17 ½ years of age) and request that any guardianship and/or conservatorship order take effect immediately on the minor’s 18^th birthday. These new laws should better streamline the appointment of guardians in many adult cases, and ensure transition from age of minority to majority for others.

MICKEY ROONEY IN THE NEWS…SEEKING PROTECTION OF A CONSERVATOR

Mickey Rooney puts a familiar face to a distressing problem: elder abuse.

On March 25, 2011 a Los Angeles lawyer was given permanent control of 90-year-old actor Mickey Rooney’s affairs after telling a judge that $400,000 of the Hollywood legend’s money had gone from his bank accounts.  Rooney’s stepson Christopher Aber also agreed to stay away from the actor and his home. Aber, 52, the son of Rooney’s eighth wife Jan, has denied any wrongdoing. Rooney had accused Aber of bullying, intimidation and blocking information about his finances.

Attorney Michael Augustine said Rooney wanted the temporary conservatorship agreed in February to stay in place. In a sworn declaration to the court, Augustine said he went with Rooney to banks where the actor kept money, and found that $400,000 belonging to Rooney was missing. Augustine said in court papers that Rooney is so financially strapped he frequently wears the same clothes and has only one pair of shoes. He stated that Rooney told him he was unable to buy his wife flowers on Valentine’s Day because “I have no money.” Rooney’s wife Jan supported the conservatorship, describing Rooney as “one of the remaining Hollywood legends” and said she hoped he would benefit by the conservatorship’s “inherent checks and balances.”

The former 1930s and 1940s child star, who performed in over 200 movies, also testified on elder abuse at a Washington Senate panel last month. During testimony, Mickey Rooney accused Aber of withholding food, medication, interfering with his finances, and verbal abuse.

According to the American Psychological Association, every year 2.1 million older Americans fall victim to physical, psychological, sexual, financial or other forms of abuse and neglect. Sadly, it is further estimated that only 1 in every 5 cases go reported. Often times, the victims are too ashamed or scared to report their exploiters, especially when family is involved. Other times, the victims suffer from cognitive impairments and may not even realize they have been exploited. If you suspect elder abuse of any kind, you should notify Adult Protective Services (1-877-767-2385 Arizona Adult Protective Services). 

At Bivens & Associates, PLLC we routinely work with families to combat elder abuse and financial exploitation. If you are concerned about a loved one, or yourself, please call for a confidential consultation.

The Perfect New Year’s Resolution You Can Keep: Update Your Estate Plan

Looking for the perfect New Year’s Resolution? How about something easy? How about something important for you, and your family? Make updating your estate plan your New Year’s Resolution this year, and keep it (really)!

 If you have never done your estate plan or if yours is several years old, now it a great time to resolve to get your affairs in order. Depending on your goals and objectives, you should consider using the following estate planning tools:

●Financial Power of Attorney- Appoints someone to handle your financial matters, pay bills, etc. if you are ever unable yourself due to illness or injury.

●Health Care Power of Attorney-   Appoints someone to make medical decisions for you if you are ever unable to communicate with your medical providers yourself.

●Living Will- Provides a clear expression of your medical wishes in the event of end of life circumstances to ensure those wishes are honored.

●Last Will and Testament- Appoints a Personal Representative to distribute your estate, after payment of expenses, to the person(s) you direct. 

●Revocable Trust- Provides for management of your assets in case of illness/disability, and provides for distributions of trust assets upon your death to the persons(s) you direct, and avoids probate.

If you fail to properly plan, your family could end up in Court incurring expensive attorneys fees. On the other hand, with proper planning the persons you trust to handle your financial and medical matters will have authority to act, your medical wishes will be known and can be enforced, the persons to whom you wish to leave your estate will actually receive the inheritance you intend, probate can be avoided, and estate taxes minimized.  To start, call Bivens & Associates to schedule an initial estate planning consultation.  We will take care of  the rest from there!

Temporary Estate Tax Relief: $ 5 Million Estate Exclusion

On December 17, 2010, the President signed into law The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Among other provisions of the new law, the estate tax will be reinstated for 2011, with a top rate of 35%. The exemption amount will be $5 million per individual in 2011 and will be indexed to inflation in following years. Estates of people who died in 2010 can choose to follow either the 2010 or 2011 rules.

 The Estate Tax Rate and Estate Exclusion schedule is as follows:

*Estate tax optional in 2010

 Estate Tax Calculation

The estate tax is calculated by determining the gross estate, adding in taxable gifts and tax paid on gifts within three years of death, subtracting costs and any marital and charitable deductions and then determining the tax. If the taxable estate produces a tax less than the applicable credit, there is no tax payable. However, if the taxable estate produces a tax that exceeds the estate credit, then the tax will be calculated and must be paid no later than nine months after the death of the decedent.

Example:  Mary dies in 2011. Her gross estate is $5,500,000 and her husband John predeceased her. Her Will directs payment of expenses and costs ($100,000) and a bequest to charity of $500,000. The balance is transferred to her children. She has made taxable gifts during her life of $100,000. Her gross estate equals $5,500,000 plus the $100,000 taxable gifts, or $5,600,000. It is reduced by the $100,000 costs and the $500,000 charitable deduction. Mary’s taxable estate of $5,000,000 is equal to the estate exclusion in 2011. Thus, the estate credit will offset the tentative tax and her estate will pay no federal estate tax.  

Happy Holidays -Part 3 Gift Ideas

There are ten days left before Christmas and the shopping continues. My grandmother used to emphatically say that she didn’t want anything she couldn’t consume or use every day, and for heaven’s sake please do not give her anything she would have to dust!  Here are some creative and practical ideas for gift giving for seniors:

Traditional items: Blankets/throws, large print books/puzzles, slippers, cards/stamps, puzzles.

Feeling more inspired? Try out some of the following:

Technology: 

 Jitterbug cell phone (simple 5 feature cell phone made with older persons in mind), Wii with bowling game (great for older adults to improve movement and circulation, fun alone or with others), Keurig Machine (make single cups of coffee, easy to use), Videophone (with highspeed internet service and both callers having a videophone you can have real time face to face conversations..this is just a phone so it may be easier for a senior to use than a computer-check out www.myacn.com or other providers), Digital Photo frame (you pre-load the photos so it is ready to enjoy), Computer with webcam so grandma can use free Skype service to talk with family all over the country.   

Gift of Time together:

Car enthusiast? Take your car enthusiast to the Barrett Jackson Auto Auction in Scottsdale AZ in January.  Tickets on family day are very reasonable, wheelchair accessible, and family friendly. See www.barrett-jackson.com for details.  

Movie buff?  Why not offer to take mom/grandma to the movies once a month or come over with a favorite rental and popcorn. The standing “date” is something you will both look forward to, and you can include the grandkids too.

Card shark? Board game fan? Give large print deck of cards and/or several new board games as the gift to unwrap, and schedule a “game night” with family, neighbors, or friends your senior gamer likes to spend time with.  Help her “host” by bringing snacks and drinks so it is no work for her…just a good time. 

Cooking enthusiast? Why not attend a cooking class together? You can work together or just watch depending on the class, and then enjoy the results! Try www.sweetbasilgourmet.com.

For the person with literally everything :

How about chicks, a goat, a flock of geese, or even a cow? You can purchase a charitable gift of livestock and training on behalf of your senior though www.Heifer.org or similar organizations. These charity organizations work with impoverished communities around the world to end hunger and poverty and care for the earth. With gifts of livestock and training, you can help families improve their nutrition and generate income in sustainable ways. The animals are “living loans” because in exchange for their livestock and training, families agree to give one of its animal’s offspring to another family in need.

Happy Holidays!

HAPPY HOLIDAYS WITH SENIORS- PART 2 Holiday Traditions

I just finished baking holiday cookies all day with my mother, my daughter, my mother’s dear friend, and her daughter. While this may not seem remarkable at first, it is when you consider this year was the 39th Annual Cookie Bake! At the risk of indicating my age, we have been baking holiday cookies together once a year since I was 4 years old! It is an annual tradition that has seen everything over the years from weddings, divorces, pregnancies, babies, graduations and most of all, tradition and good friendship. It is our chance to once a year to laugh, catch up, and eat cookies ’til we are sick! It is amazing for me to think I remember the cookie bake from my childhood with my mom, and now my daughter (age 12) is rolling out the dough with me and my mother!  Whatever your holiday traditions are I hope you enjoy them this season and pass them on through the generations.

Family traditions are a great topic of conversation during the holidays, especially for seniors who may have trouble with short term memory but still have good long term memory. Ask that special senior in your life about their childhood memories of the holidays. For example, what was their favorite gift? What is their favorite funny holiday memory? What was their most memorable holiday? What was their favorite holiday growing up, and why? Did any family visit during the holidays? What food was served and who cooked? This is a great way to include everyone in conversation. You may be surprised by what you learn.

Happy Holidays with Seniors- Part 1

Now that I have finished the last of the turkey and survived the Mall on “black friday”, my thoughts turn to this holiday season.  Sometimes the hectic pace of the season with seemingly endless to-do lists of shopping, cooking, parties, planning, etc. leave us frazzled. It is easy to lose sight of the real reason for the season and the many meaningful opportunities to share the joys of family and friendship. For older persons, the holidays can be highly stressful, confusing, or even depressing if their mental, physical and emotional needs are not taken into account. For example, this may be the first holiday without a spouse or close friend, or perhaps they cannot easily participate in many holiday traditions due to physical or cognitive limitations. With just a little thought and preparation, however, you can make this holiday season more meaningful (and less stressful) for you and that important senior in your life.

          Over the next few weeks I will be writing a series of articles about gift suggestions, activities, and other holiday traditions (new and old) to brighten the holidays for both you and that important senior in your life. This article will focus on activities to get in the holiday spirit.       

      Holiday Activities

What if your senior cannot climb the ladder to hang the lights, or finds it difficult to decorate the house? How about a house decorating “party” with family and friends, holiday music, apple cider and snacks? This does not have to be elaborate…just a few hours and people should do.  Bring the grandkids and take lots of photos. The grandkids can then give photos as holiday gifts to grandma and grandpa..great memories and holiday cheer for the whole season! (Of course, you will need to be prepared to help de-decorate later.)  Out of town? You can hire someone or ask a neighbor to come and help.

Did mom or dad like to bake holiday cookies (or eat them), and now cannot stand for long periods of time to do the baking? Why not bake and have mom teach you her favorite recipe, and maybe try a new one together. You can split the batches and give yours to friends and neighbors (2 for 1 activity- time with mom, and gift for others).  Grandkids included? How about purchasing a pre-made gingerbread house kit and have everyone pitch in on the construction? Out of town? Why not bake the family favorites and ship them before the holiday?

Do mom and dad enjoy holiday music, or did they like to go out caroling “in the day”? Why not bring back those great memories with a holiday concert. If mom and dad can’t get out to enjoy a performance, you might want to consider hiring professional carolers to make a showing at their home, unless of course you have musical talent. My local favorite is The Dickens Carolers (www.azdickenscarolers.com).  We hire them for every office holiday party! Honestly, I feel like my holiday season begins when they arrive! Some local holiday concerts include the Phoenix Symphony’s Candlelight Messiah Dec. 12 and Handel’s Messiah Dec. 17, Home For the Holidays by Phoenix Chorale at Brophy’s Chapel Dec. 16, and Festival of Carols by the Phoenix Boys Choir at St. Mary’s Basilica on Dec. 17. For information and ticketing, and other ideas go to www.showup.com.

 What if mom and dad do not drive at night? I will never forget how much my grandmother enjoyed a ride one December evening with family friends to see the neighborhood holiday light displays. They never even got out of the car (she could not walk for long distances at the time), but this simple gesture of taking her along meant a lot to her, and she talked about it for days! There are many opportunities to see holiday lights in the valley. Here are a few suggestions for organized light display events:

         Glendale Glitters in Historic Downtown Glendale is a display of 1.5 million lights that illuminates 16 blocks of Historic Downtown Glendale, making it the largest free holiday light display in Arizona. For more information, visit www.glendaleaz.com or call the Special Event Hotline at 623.930.2299.

          Every year, the Phoenix Zoo gives way to wild lights during ZooLights, the largest holiday light display in all of Arizona. There are more than 3.5 million lights and 600 glimmering animal light sculptures, unique only to the Phoenix Zoo. This venue is handicap accessible. For more information visit  www.phoenixzoo.org.   Note, if crowds are a concern this may be too overwhelming unless you go very early in December.

         Las Noches de las Luminarias 2010 at the Desert Botanical Garden is a long honored tradition in Phoenix. Each year during the holiday season the Desert Botanical Garden in Phoenix lines the paths of this extraordinary desert garden with thousands of luminarias. Combine the evening desert glow, with the unique environment of the Desert Botanical Garden, entertainment, food, wine, and snacks, and Las Noches de las Luminarias is an event that you won’t want to miss. This venue is handicap accessible, and more of a adult activity. Advance tickets are required, and sell out quickly. For information you can call 480-481-8188 or go to  www.dbg.org.

    Do mom and dad need help with holiday shopping? Take them out to help with their list and enjoy snow! Desert Ridge Marketplace will be bringing snow to North Phoenix for the Holidays! It will snow each night through December 24th promptly at 7:00 p.m. and 8:00 p.m. for 8 minutes within the District at Desert Ridge Marketplace. Out of thin air, flakes of fluffy white snow will float down from the sky, transforming the AMC Fountain and Fireplace at Desert Ridge Marketplace into a living snowglobe. For more information visit   www.shopdesertridge.com.

          There are so many ways to bring holiday cheer! This is only meant to provide ideas and inspiration, and remind you that taking the time to create holiday cheer for your elderly family member or friend will create lasting memories that may just be the best gift of all this holiday season!

SIGNS YOUR ELDERLY PARENTS MAY NEED HELP

            Many families live apart and do not have the opportunity to visit with each other in person often. When you talk by phone mom and dad sound fine and say they are doing well. However, when you visit this holiday season you may notice changes that could be easily dismissed by an outsider. As a family member, however, you may recognize these “red flags,” which suggest that your parents may need help with everyday activities and household chores.

            A change in behavior can serve as a warning sign that your parents are not thinking in the same manner as they once did or are not as physically capable of completing simple tasks as they once were. The following are examples of the changes you may observe:           

1. Mail and bills are left to pile up; unpaid bills. The simple act of opening and filing mail can become overwhelming. Managing a checking account can also be too much to handle.

2. The house is cluttered or unkempt. Especially troubling if the individual has always been neat and orderly.

3. Food in the refrigerator is uneaten or spoiled. Shopping, cooking, and cleaning become difficult. A person might be eating enough to survive, but suffering nutritionally. Losing weight is another sign that your parent may need help with their diet.

4. Scorching on the bottoms of pots and pans. A result of short-term memory loss, this is a dangerous sign that parents are forgetting about things left on the stove. This fire hazard threatens their safety as well as their neighbors’. 

5. Wearing the same clothing over and over again, body odor, unkempt hair and nails. Doing laundry may have become too physically challenging. Other personal hygiene issues may indicate a fear of falling in the tub or shower, or short term memory loss. 

6. Missed doctor’s appointments. 

7. Repeated phone calls at odd hours. Calls to friends and family at odd hours may be a sign of memory loss or a cry for help. They could also indicate feelings of depression or isolation. 

8. Forgetting to take medication. Another sign of short-term memory loss or depression, this serious risk factor is more than just a quality of life issue.

 9. Inappropriate behavior, clothing or speech. Reported by a neighbor or someone else close, things like dressing inappropriately for the weather may be a sign that your parent is experiencing confusion.

 10. Symptoms of depression. This is a common problem for many older people who feel isolated and alone. Depression causes marked changes in behavior and routine that can include feelings of hopelessness or despair, lack of interest in once pleasurable activities, crying, listlessness and preferring not to get dressed.

 11. Increased problems with driving like traffic citations, dents and scratches on the car, or getting lost in familiar areas.

 By noticing these changes early on, you will be able to take a proactive approach in getting your parents the assistance needed to continue living as independently as possible while maintaining a high quality of life. If you notice these changes and need advice or direction, please know that Bivens & Associates PLLC can provide comprehensive counsel which includes estate planning, long term care planning, and client care coordination services. We have all the legal tools and local resources available to help you help your parents.