In 2022, and after living through the pandemic, everyone needs an estate plan, it doesn’t matter what your socio-economic circumstances are. A simple estate plan will typically contain at least three documents. This will generally include a durable medical power of attorney and a durable financial power of attorney. The other document typically found is a way to pass your property upon death such as a will.
However, there are times when a trust might be an option in your estate planning instead of or in addition to a will. So why should you consider a trust? Trusts are useful estate planning tools that can accomplish a variety of goals. They can help avoid probate, minimize taxes, and be used to give property to minor or disabled loved ones. Trusts can be created during a person's lifetime (Living Trusts) or at the person's death (Testamentary Trusts). Some different types of Trusts from both categories are discussed below.
Living Trust
A person can transfer their assets to a Living Trust and, as trustee, continue using their assets as they always have.
Tax Planning Trusts
Several different types of Living Trusts provide flexible alternatives for minimizing capital gains and estate taxes, including the Charitable Remainder Trust, Irrevocable Life Insurance Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust, and Grantor Retained Unitrust.
Testamentary Trusts
A person can create a Trust under a Will, called a Testamentary Trust, which does not take effect until they are deceased.
Disability Trusts (also known as Special Needs Trusts)
A Disability Trust is a type of Living Trust that allows a disabled person under the age of 65 to use her own assets for her special needs, other than food and shelter, and keep public benefits, such as Medicaid and Supplemental Security Income (SSI).
3 reasons you may need a trust as part of your estate plan
The types of assets you own is another important consideration. Here are three typical reasons you might need a trust.
1. A loved one cannot be trusted with a large gift or has special needs
If you have concerns that a child does not have the financial skills to manage a gift or the loved one receives government benefits.
2. You want to transfer complex assets in a thoughtful manner
Trusts can be effective for keeping a vacation home or a closely held business in the family. For large charitable donations, a trust allows you to leave a vision for how you would like the gift used.
3. Limiting the potential for relationship-damaging fights is important
When you have worked hard and been successful, a trust may be able to limit conflict and the legal fees associated with litigation.
Editor’s Note: This article was submitted by Marco D. Chayet, Esq.
Marco is a partner in the law firm Chayet & Danzo, LLC, and the Public Administrator for the 18th Judicial District; he may be reached at 303-355- or 866-873-6596 and by email at Marco@ColoradoElderLaw.com This is a brief overview of the topic and should not be considered legal advice.
More than 16 million Americans provide unpaid care for people with Alzheimers or other dementias.Caring for a loved one can be a rewarding experience, but its not without challenges. These challenges can be significantly more impactful for those caring for a senior with Alzheimers disease or other form of dementia. Changes in behaviors can occur for a variety of reasons, including over-stimulation, physical discomfort, confusion, exhaustion caused by sleep problems, medication, or changes in routine.Understanding the cause of behavioral changes is critical for caregivers, families and friends. And its helpful for caregivers to know how to manage behaviors that will allow them to provide safe and effect support and diffuse tense situations.These behaviors can include: Depression Anxiety Confusion Aggression or anger Suspicion Hallucinations Pacing or wandering The most important thing that caregivers need to remember is that challenging behaviors may not be entirely avoidable. Its also not the fault of the person with Alzheimers or dementia. These behaviors are sometimes a common product of the disease. And, there is specialized support a caregiver can use to help keep a challenging behavior from escalating.While there is no guaranteed approach that will work with every person or situation, there are some methods that can help caregivers manage trying times:Staying calm Its not uncommon for caregivers to feel attacked or helpless when they are caring for someone exhibiting difficult behaviors. Remembering that it isnt personal and that its a symptom of the disease, can help caregivers manage their emotions and avoid contributing to tense or difficult situations. Arguing or reasoning can often escalate an outburst, so its necessary for caregivers to stay calm and supportiveKeeping a schedule Seniors that suffer from Alzheimers disease and other dementias often find it reassuring to have a set schedule for meals, activities and daily tasks. Creating a schedule, and sticking to it as much as possible, can help prevent anxiety, confusion and anger.Exercise Exercise, with approval from a physician, is a great stress reliever for both seniors and caregivers. And participating in activities together helps foster important emotional connections.Participating in activities Whether its an enjoyable hobby, household chore or physician-approved exercise, participating in joyful activities has shown to help manage challenging behaviors. These can be pre-scheduled or introduced when difficult behaviors are recognized. For example, caregivers can ask for help folding laundry to ease anxiety or can play music or sing to calm someone feeling confused, angry or depressed. Mindful communication Caregivers shouldnt underestimate the power of communication. Caregivers can use soothing tones, speak in a friendly way and make eye contact to convey normalcy, understanding and compassion. This can help seniors experiencing anxiety or frustration to calm themselves.Comfort KeepersCan HelpAt Comfort Keepers, we provide specific training for our caregivers and individualized care plans to provide care and support to seniors with Alzheimers disease and to their families. Our specially trained Comfort Keepers engage clients in intellectual, physical and emotional interactions that complement medical treatment and improve the quality of life for everyone involved. And they can facilitate stress management activities, support for physician-approved diet and exercise plans, provide transportation to appointments and will evaluate a home for safety as part of an in-home assessment. For more information on how in-home caregiving can help those with Alzheimers disease or dementia, contact your nearest Comfort Keepers office today. References National Institute on Aging. Managing Personality and Behavior Changes in Alzheimers. Web. 2017. Verywell Health. Complete Guide to Challenging Behaviors in Dementia. Web. 2019. Alzheimers Association. Stages and Behaviors. Web.
The rise of Artificial Intelligence (AI) has brought incredible innovation to our lives, from facial recognition unlocking phones to smart assistants handling our schedules. However, AI also poses significant risks, such as phishing emails, deepfake videos, and voice simulations impersonating individuals. Seniors must be informed of AI fraud to prevent them from falling victim to such schemes.Scams to Be Aware of in 2024As AI technology advances, scammers are finding new ways to develop more intricate and believable schemes. Its important to stay updated on these emerging tactics to protect yourself and your loved ones. These are some of the most prevalent AI scams to watch out for in 2024:AI-Generated Email PhishingAI-generated phishing emails are designed to look incredibly convincing, often mimicking legitimate communications from trusted organizations. The sophistication of AI means that these emails can include personalized details, making them even harder to detect. For example, a phishing email might use an email address like boss@cornpany.com instead of boss@company.coma subtle but critical difference in spelling.To stay safe, always verify the senders email address, look for any inconsistencies in the message, and avoid clicking on suspicious links. If you get an invoice for something you are confident you did not purchase, dont click on the link or attachment; instead, go directly to your credit card account to ensure there are no fraudulent purchases. The same applies to money requests from apps like Venmo and PayPal; go directly to the source without clicking any links.Chatbot FraudChatbots have revolutionized customer service, but they can also be used maliciously. Fraudsters use AI-powered chatbots to engage with victims, extract personal or financial information, or direct them to phishing websites.Red flags for scams include urgent requests, offers that seem too good to be true, or unusual language or grammar. A good rule of thumb is to not share sensitive information like passwords or credit card details through chat interfaces.Deepfake ScamsDeepfakes are AI-generated audio and video clips that make it appear like someone is saying or doing something they never actually did. These can be used to create convincing scams. For example, a common scam involves someone calling and claiming to be a loved one in an emergency and needing money, often mimicking their voice. Instead of panicking and sending the money, you should verify the persons identity, usually by calling them directly.If you receive such a call, look for inconsistencies in video or audio quality, unusual behavior, or other red flags.Investment ScamsFraudsters may use AI to generate convincing investment opportunities, complete with fabricated data and endorsements from seemingly reputable sources. Be cautious of high-pressure sales tactics urging you to make a quick decision, and thoroughly investigate any investment opportunity and the company behind it. Be wary of offers that promise unusually high returns with little risk.If you suspect an investment scam, immediately report it to regulatory authorities and financial institutions like the SEC or FINRA.Social Media ManipulationAI can generate and spread misinformation on social media platforms, influencing public opinion and manipulating users. This can include fake news stories, fraudulent advertisements, and the impersonation of trusted figures.Limit your privacy settings on social media and only accept requests from known individuals. Always verify the credibility of the sources and accounts you follow as well.At The Oberon House in Arvada, CO, we always prioritize your safety and well-being. Your security is our top priority. Contact us today to learn more 303-420-7258.
Scammers are increasingly adopting new methods to deceive unsuspecting victims, especially older adults. One of the latest threats is AI-generated voice fraud, also known as vishing (voice phishing). These scams use sophisticated AI technology to create highly realistic voices that mimic trusted individuals or organizations.Lets talk about what you should do if you receive such a call and how to protect your sensitive information.Understanding AI-Generated Voice FraudAs mentioned, scammers perform AI-generated voice fraud using synthetic voices that sound convincingly like a family member, friend, or legitimate entity such as a bank or government agency. These calls can be exceptionally persuasive and dangerous since the synthetic voices replicate the speech patterns and tone of the impersonated individuals. Additionally, fraudsters can manipulate caller ID to make it look like the call is coming from a trusted source when it is not.Common Tactics Used in AI-Generated Fraud CallsBe on alert for the following AI-generated fraud calls:Impersonation of Family Members: Scammers may claim to be a relative in urgent need of money due to an emergency. The voice will sound distressingly familiar, making it easy to fall for the ploy.Bank Representative Scams: Fraudsters impersonate bank representatives, asking for account details or prompting money transfers to secure accounts.Tech Support Scams: Callers pose as tech support from reputable companies, convincing victims to grant remote access to their computers or pay for unnecessary services.Government Agency Impersonation: They may mimic officials from agencies like the IRS or Social Security Administration, threatening legal action or demanding immediate payment of fines or taxes.Utility and Phone Company Scams: Fraudsters imitate representatives from utilities or phone companies, claiming issues with the account and requesting payment or personal details to resolve them.Steps to Take If You Receive a Suspicious CallSo, what should you do if you receive such calls that are highly convincing? Here are some essential steps to take:Stay Calm and Dont Panic: Scammers often create a sense of urgency to pressure you into making quick decisions.Verify the Callers Identity: If the caller claims to be a family member, ask specific questions only that person would know. If the caller claims to be from a legitimate organization, hang up and call the organizations official number to verify.Never Share Personal Information: Legitimate entities like the bank or the government will never ask for sensitive information over the phone. Do not provide personal, financial, or account details to the caller.Report the Call: Report the incident to your bank, local authorities, or the Federal Trade Commission (FTC). This helps to alert others and potentially track down the scammers.Educate Yourself and Others: Stay informed about the latest scam tactics and share this information with friends and family. Awareness is a key defense against fraud.If you need assistance or have concerns about potential scams, dont hesitate to seek help. At The Oberon House in Arvada, CO, we prioritize the safety and security of our residents. Contact us today to ensure your loved ones are in a safe space 303-420-7258!
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.