Agreeing to serve as the executor of an estate is like taking on another part-time job in addition to whatever work you do and your responsibilities for your family. The testator whose estate you handle will likely have made arrangements to compensate you with some property from the estate, but such reimbursements are often a pittance compared to the amount of work involved.
When you take on the responsibility of carrying out someone else's estate plan, you take on some risk as well. There are a few important steps you can take to minimize your financial and legal vulnerability as an executor.
Secure and inventory property as soon as is reasonably possible
When someone dies, family members may try to take certain assets out of the home before estate administration begins. Jewelry, deeds and family heirlooms are all at risk of misappropriation before you even begin your job.
To avoid accusations that you took any property and to protect as many assets as possible for the beneficiaries of the estate, you should secure the property and inventory it as soon as you have the authority to take such actions.
Handle all the financial liabilities before handing out property
One of the biggest risks an executor has is personal accountability for certain unpaid taxes and debts. You don't have to repay everything that the deceased individual would not have repaid with their own assets.
However, any property that you distribute before taking care of outstanding financial responsibilities could be held against you later.
Document everything that you do
Did you call the electrical company and get the bill put in the name of the estates trust? Keep a note about that. Did you pay the mortgage for the month? You want to retain the statement and voided checks that prove you have handled financial responsibilities for the estate.
It's also crucial to maintain records about any assets to distribute, both to creditors and to beneficiaries or family members. Having each family member sign a receipt or documents affirming that they received specific property will protect you from claims that you didnt give people their inheritance or otherwise mismanaged the assets in an estate. The more documentation you have about the actions you take, the easier it will be for you to push back against claims of incompetence or misconduct.
Learning about the risks involved in estate administration can protect you from mistakes that could cost you money or your role as executor.
If you are satisfied with the clinicians at your primary care office, cherish those relationships. For many reasons, it is getting more difficult to find primary care clinicians who go the extra mile for you and your loved ones. If you are not content with your primary care team, I offer the following suggestions. First, find a clinician (physician, nurse practitioner, or physician assistant) who enjoys listening to you and your stories. The art of medicine is mostly about the art of listening.and believing what you share. Listening and understanding build trust, essential for any good relationship. Every city and small town in our country has such clinicians. Second, appreciate that young nurse practitioners and physician assistants can listen to you and help sort out your problems every bit as well as a seasoned physician who is overworked and/or approaching retirement. In my 40 + year career, Ive had the opportunity to train hundreds of NPs and PAs. They gain the knowledge, expertise, and confidence to become great providers within 9-12 months of graduating from professional schools. Often, they have more technical skills than older physicians. This works to your advantage in the following ways. Assume you have an unusual combination of symptoms. They know how to explore the Internet and rely on specialists to find the best plan of care for you. Now assume you need a steroid injection in a joint. Many NPs and PAs can provide procedures that overworked physicians never learned. Third, see the entire practice as your primary care provider. A good practice has all members working together as a team. The members include front office staff who greet you for in-person visits, medical assistants and nurses who answer your phone calls, and the clinicians who care for you in person or with tele-health visits. If you find that any team member isnt respectful, you should feel free to discuss this with the office manager. All good practices should welcome feedback. Fourth, if you have the means and value extra attention, consider a concierge practice. Unfortunately, concierge physicians are beyond the reach of the vast majority of seniors in our country. Further, we are seeing a shortage of these physicians just as we are seeing a shortage of all primary care physicians. This brings us back to my key message: you can find trust and comfort with a dedicated NP or PA. When we consider the evolution of geriatric practice over the last 4 decades, we understand that it is NPs and PAs providing the vast majority of visits in nursing homes, assisted living facilities, and in-home visits.Finally, it is important to understand the pressure and demands on your primary care office. The advent of the electronic health records in the 1990s added a massive burden to all practices. The hope (and the myth) was that EHRs would lead to higher quality medical care. The reality is that EHRs havent improved true quality. EHRs are the main reason so many good clinicians are feeling burned out. The clinicians feel they have to pay more attention to the EHR (and quality metrics) than to the patient in front of them. When you express your understanding of this dilemma to your clinical team, they greatly appreciate this. Again, building understanding and trust leads to the best quality of care and beneficial outcomes. The article was written by Dr. Don Murphy, Geriatrician and Hospice Physician who plans to run for Governor of Colorado, on behalf of. He can be reached at murphdoc@comcast.net, his cell, 720-490-6757, or his main YouTube channel, TheCrazyMurphys5560.
The greatest challenge for all who practice geriatrics is reducing polypharmacy, the addition of medications that either provide no benefit or cause harm to seniors. Millions of seniors end up on many medications that are not helping them and could be causing side effects. Geriatricians are the experts in what we call de-prescription, cutting down on unnecessary medications. The key reasons seniors end up on too many medications are the following. First, all physicians, including young geriatricians (as I was 30 years ago), have hope that newer medications will actually benefit our seniors. The four medications we have used to treat dementia turn out to provide no benefit at all. We cant appreciate this until we have been in practice for decades and know how to review all of the studies that suggest there might be some marginal benefit. Also, one must practice for many years to understand how all medications, including over-the-counter medications, can cause difficult to diagnose side effects. For the dementia medications, we had hoped that they either alleviated symptoms, delayed the onset of dementia, or slowed the progression of dementia. It takes years of practice and experience to realize that these medications fail to help our seniors. Second, many primary care clinicians (say, family medicine physicians) and specialists (say, cardiologists) tend to overvalue medical benefit for medications used for the most common conditions. The best example would be blood pressure medications. All geriatricians know that we approach frail seniors differently than we approach a robust 70-year-old or a healthy 45-year-old. Many clinicians will treat everyone the same, such as trying to keep the systolic blood pressure around 120 and the diastolic pressure around 80. Often, these pressures are simply too low for frail seniors and even for some robust seniors. The medications can cause lightheadedness, falls, and fractures (to name just a few side effects). Third, clinicians in traditional medicine often fail to appreciate the value of alternative healing and the value of the placebo effect. Lets return to medications for dementia. In recent years, we havent seen any commercials for the four medications I referred to above. Weve seen many advertisements for Prevagen and Neuriva. These medications have not been studied extensively like the four that required many studies and FDA approval. If seniors feel more comfortable on these OTC medications, its probably from the placebo effect. That is, they feel that they are at least doing something to counter the onset or progression of dementia. The cost is affordable, and these individuals dont need a prescription from their doctor. If the individual thinks Prevagen isnt helping, or may be causing side effects, he or she can stop it at any time. They dont need permission from their physician. Fourth, the pharmaceutical industry has specialized in direct-to-consumer advertising. These are entertaining and convincing ads. It doesnt matter what disease condition we are considering. Every expert in marketing knows that these creative, subliminal messages get through.and result in more prescriptions. Before sharing my suggestions for cutting down on your medications, let me share a story about Elsie, a 90-year-old woman I took care of in 1992. She was feisty and funny. She was on the 6 medications our team had prescribed for her. Benign positional vertigo was one of her conditions. One of my most memorable clinic visits was the one when Elsie reported that she followed that Harvard newsletter you gave me, Dr. Murphy, and it worked. She did this complex maneuver all on her own, and it eliminated her dizziness. Then she added, oh, and by the way, doctor, I threw all those doggone pills in the garbage.and I feel great now. So be it. This approach worked well for Elsie, but I dont recommend it for others. Here is what I suggest. First, find the courage to question your clinicians. Its not easy when you have put so much trust in your doctors recommendations. Try the soft approach. For example, you could say, Doctor, Im on a lot of medications and I worry that one of them might be causing some problems. You could mention a symptom youve been wondering about. Then you ask, could I cut down on the dose of one of these medicines to see how I do? If your physician agrees with this trial of dose reduction, you could ask which medication he or she would select to reduce the dose. Second, you continue with the honest communication you have established. You dont need to let your doctor know how you are doing a week or two later. However, you should report that you are doing fine by calling the office staff that can document your success with the dose reduction. Believe it or not, you are educating your primary care office about the value of dose reductions. Third, when you have more confidence in the dose reduction approach, you can specify which medication(s) you would eventually like to discontinue. You can share feedback youve received from family members and friends or from the research you or they have done. Ever since the 1950s we have been moving from a paternalistic approach to health care (i.e., the doctor decides everything for your health) to a more patient-centered approach to health care. This makes sense. You know whats best for your overall health, including physical, psychological, social, spiritual, and any other dimensions of health. Your clinicians job is to reflect your preferences. Dose reductions of useless or harmful medications is just part of this evolution in health care. Dr. Don Murphy, MD, FACP The article was written by Dr. Don Murphy, Geriatrician and Hospice Physician who plans to run for Governor of Colorado. He can be reached at murphdoc@comcast.net, or calling 720-490-6757, or his main YouTube channel, TheCrazyMurphys5560.
When temperatures rise, so do the risks associated with heat, especially for older adults.Older individuals may not adjust as well to sudden changes in temperature, and with possible chronic health conditions or certain medications, extreme heat may cause negative health outcomes.Kavod Senior Life is well aware of these potential issues, sharing four best practices to protect people in the second half of life against the heat. Here are some tips we've learned from our 50+ years of housing and supporting older individuals in aging well!Stay HydratedWhy It Is Important: Older adults are at a higher risk of dehydration because they may not feel thirsty as often as younger people, and as mentioned above, certain medications can increase the risk of dehydration.Tips:Drink water even if you dont feel thirsty.Eat water-rich foods like fruits (e.g., watermelon, cucumbers) and vegetables.Avoid alcohol and caffeinated beverages, as they can lead to dehydration.How Kavod Responds: Hydration stations are set up in the lobbies of each building during the hottest days to give residents, staff and visitors easy access to ice cold water (with lemon and cucumber, even!)Create a Cool EnvironmentWhy It Is Important: A cool living space is crucial to preventing heat-related illnesses.Tips:Use fans or air conditioning. If air conditioning is not available, consider spending time in public places like libraries, shopping malls, or community centers that are air-conditioned.NOTE: Do not rely on fans as your main cooling source when temperatures are extreme for heat.Keep blinds or curtains closed during the hottest parts of the day to block out the sun.Use light-colored, loose-fitting clothing made of natural fibers like cotton, which are more breathable.Try to avoid using the stove or oven to cook it will make your home hotter.Take cool showers or baths to cool down.How Kavod Responds: A cooling center is set up on campus where the temperature stays at 72 degrees. Residents can get out of their apartments and socialize there without having to go outdoors, helping abate social isolation. Dietary AdjustmentsWhy It Is Important: Certain foods can help keep the body cool and hydrated.Tips:Encourage smaller, more frequent meals that are easier to digest.Include hydrating foods like soups, smoothies, and salads.Limit heavy, hot foods and opt for lighter fare like yogurt, salads, and chilled fruits.How Kavod Responds: Kavod staff serves residents cold lemonade and fresh watermelon over the weekend in the cooling center, both terrific ways to stay hydrated.Educate and EquipWhy It Is Important: Knowledge and preparation are key to preventing heat-related issues.Tips:Educate yourself about the risks of heat and the importance of staying cool.Be aware of the signs and symptoms of heat-related illnessHave access to emergency numbers and know what to do in case you experience these symptomsHow Kavod Responds: The management team reviews, prepares and hand-delivers updates to residents to best ensure everyone is educated and can take appropriate actions against the heat.ConclusionBy following these four important steps, older individuals can stay healthy and safe while enjoying all the good things summer has to offer. If you know an older person who would benefit by living in our community, please contact us for a tour, or check out our website for more information. Stay cool, everyone!Resources used in article:Center for Disease Control: https://www.cdc.gov/extreme-heat/risk-factors/extreme-heat-and-older-adults-aged-65.html#:':text=Older%20adults%20do%20not%20adjust,control%20its%20temperature%20or%20sweatNational Institute on Aging: https://www.nia.nih.gov/health/safety/hot-weather-safety-older-adultsHarvard Medicine: https://magazine.hms.harvard.edu/articles/effects-heat-older-adultsChat GPT
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.
We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.