hinking of doing something similar for a family member or a friend with a disability, make sure you don’t disrupt the person’s benefits.
If a Supplemental Security Income or Medicaid beneficiary has direct access to funds raised through Crowdfunding it is likely that the funds will be considered a countable resource -- even if the campaign was launched for a specific purpose such as buying a vehicle. There really isn’t any way to prevent the recipient from using the money for other things.
If you want to launch a Crowdfunding for someone with a disability, set up a supplemental needs trust for the beneficiary first and then direct the money from the Crowdfunding into the trust account. Be sure to work with an attorney who has experience with SNTs like the attorneys here at Estate & Elder Law Services. We often work with clients to help them remain eligible for benefits.
Visit our web site to learn more about trust-based planning and give us a call when you are ready to get started. 302-651-0113.
Doctor’s Office Dementia Tests are Often Wrong
If you’ve been to the doctor lately, you probably were asked to take a simple test to detect early signs of dementia. You might have been asked to look at a picture and make observations or answer a series of questions.
But a new report finds that those ‘fast tests’ often get it wrong – about one-third of the time!
The findings are related to three widely used quick dementia tests: the "Mini-Mental State Examination" (intended to assess mental orientation and verbal memory); the "Memory Impairment Screen" (which tests verbal memory); and "Animal Naming" (which gives patients one minute to quickly name as many animals as they can).
Each test seems to have a different bias such as age, ethnicity or education level.
The study concludes that while quick tests need to be improved, they can still play a role in detecting dementia if the doctor understands the bias with each test AND uses them as a screening tool, not a diagnostic tool.
As a patient, you should be aware that the tests are flawed and understand that a lower score on a quick tests should trigger more complete testing NOT a diagnosis.
In Texas, a Man Blinked His Valid Will
In this case, a man who was in the middle of a divorce was in a serious accident which left him a quadriplegic. In the hospital, he was also intubated so he could not speak. He could only communicate by blinking his eyes to indicate yes or no.
Using the blinking system, his attorney drafted a will for the patient and directed a notary to sign the will for him. After the patient died, his estranged wife tried to probate an earlier will before his sister tried to probate the new will. In a jury trial, the court admitted the new will but awarded the wife nearly $200,000 in attorney’s fees. Both women appealed and the court of appeals affirmed the new will and rejected the wife’s award $200,000.
The will was valid because:
- Texas law allows a notary to sign for someone who cannot sign for himself. (This is also true in Delaware.)
- The patient was mentally competent based on: medical records that he did not have a head or brain injury and he was lucid; his attorney’s assertion the man knew his family members and his assets; a doctor’s examination which showed he was able to make decisions.
- His sister did not exert undue influence, based on the attorney’s statements about his interactions with the patient.
The court determined the wife should not receive $200,000 because she was not acting in good faith.
Your will is an important part of a comprehensive estate plan. If you are ready to begin working with us on both, call 302-651-0113 for an appointment.