Writing Your Tulsa Estate Planning Blog

A survey reveals the overall rate of dementia in the U.S. is declining, but the reasons are not clear.

It has long been expected that as more and more Americans lived into older age and continued to suffer from obesity, diabetes and high cholesterol, the percentage of the population with dementia would increase. Some very small surveys found the opposite was occurring, but they could be discounted because they were not undertaken with representative samples.

However, a new large and representative survey backs them up.

Researchers have found that the rate of dementia among the U.S. population has declined by 12% in the last 24 years, as the New York Times reported in “U.S. Dementia Rates Are Dropping Even as Population Ages.”

While this is good news, the reasons for the decline are not known.

There is some evidence to suggest that people are seeking treatment for diseases such as diabetes and high blood pressure more often which has contributed to the decline in dementia. Other evidence suggests that increasing overall educational levels in the U.S. have been a contributing factor. However, that might be nothing more than a correlation.

If researchers can figure out why the rate of dementia is in decline, it will help them to understand the disease and to develop preventative measures.
Of course, despite the decline in the rate as the population continues to age, the total number of people in the country with dementia is actually increasing. It would be a bad idea to assume you will not eventually suffer from it and neglect to get powers of attorney drawn up, just in case.

Reference: New York Times (Nov. 21, 2016) “U.S. Dementia Rates Are Dropping Even as Population Ages.”

When an elderly parent is approaching the end of life, the ability of the family to come together and agree on treatment and care is vital to ease the parent’s suffering.

The last thing that most end of life patients want to deal with, is a family feud over the patient’s medical treatment and care. However, these family feuds are a common occurrence, especially when family members have other, pre-existing disagreements.

This was the subject of a recent article in the Washington Post titled “A united family can make all the difference when someone is dying.”
Doctors have a name for one of the common problems that can arise. They call it the “Daughter from California syndrome.” This can happen when family members compete with each other over who cares for the elderly patient the most. Often, someone who lives far away goes too far and is the source of disruptions.

Another source of problems for families is when the person who the patient put in charge of things goes too far and refuses to cooperate with others. For example, someone given authority in a health care power of attorney may refuse to listen to the opinions of other family members. This can create unnecessary tension, especially when decisions have to be made that are outside the scope of any advanced directives.

The best thing that a family can do to help an elderly patient at the end of life is to work together, communicate freely and come to consensus decisions concerning treatment and care. The patient can help this greatly, if he or she has previously executed detailed advanced directives that designate appropriate people to be in charge.

Reference: Washington Post (Nov. 20, 2016) “A united family can make all the difference when someone is dying.”

Geography is a factor that my clients frequently fail to consider when naming a guardian for their minor children. If it is possible, name someone who lives close.

If something happens that renders you unable to care for you minor children, it will be a stressful time for the children and for the named guardian. The last thing that you want is to add more stress to the situation. If the children have to move a long distance to the guardian, or if the guardian has to move to the children, the relocation will add additional stress.

If possible, name someone who lives close. Of course, some of us do not live near the person or person that we feel would be the best guardian of our children. If that is true for you, it is ok. Geography is one of many factors to consider when deciding on who should act as guardian. Very few people will have a guardian who fits perfectly when considering all of the factors. Just do the your best to consider the factors and seek the counsel of a competent estate planning attorney if you feel you need to.

I recently welcomed my son Thomas into the world. He was born August 23, 2012 healthy and happy. Since he is my first, I never realized how protective a parent can feel for a child. Now, I truly understand why naming a guardian is such an important aspect of estate planning for my clients.

In the next few weeks I will be writing about the factors one should consider when naming a guardian for a minor and how to make sure you do it right.

Recently I’ve been able to help several professionals with asset protection. Oklahoma asset protection is an area of the law that few attorneys focus on. However, in todays litigious society more and more clients need asset protection.

We all remember the McDonalds case where the plaintiff was awarded 9 million for spilling hot coffee on her lap. That is perhaps the most famous asset protection case (or case that exposes the need for asset protection), but it is certainly not the only one.

Doctors, dentists and all medical professionals work with a target on their back. Unfortunately, they are held to almost unachievable standards. They are expected to be perfect and when they aren’t there is a lawsuit waiting to be filed.

These professionals can lower their lawsuit profile by contacting a tulsa asset protection attorney and discussing their options.

Working with clients who have beneficiaries with special needs is always rewarding. Today I helped a client create an estate plan that will take care of her and her special needs son for a lifetime. It is always amazing to me to think that something I wrote, work that I performed, will continue on for years to come. That’s what makes everyday so enjoyable and worth the effort.

I don’t know about you, but I’m glad most of this snow seems to be behind us. At least we get to say we lived through a blizzard!

Despite all the snow, I’ve managed to get a lot of work done. That is the nice thing about laptop computers and cloud computing. I was able to access all my files from my house.

Unfortunately, I had to postpone several meetings, because many of my current clients were unable to get out of their driveways. I don’t blame them. I dug out just in case, but I was excited about driving in those conditions.

So, if you are a current client, I think we’ve got everything properly rescheduled. If not, please do not hesitate to call. If you are interested in creating your estate plan, we are ready to meet with you. Call anytime!

Too long since I last wrote. That is a good thing, because I’ve helped several clients since then.

I finished up an estate plan for a couple who has been married for over fifty years. They had no planning done and needed help. We had the signing ceremony, and now they can rest assured that they have taken care of themselves and their loved ones.

After that a retirement specialist asked me to meet with clients of his. They have been married sixty five years! They have no planning in place. I met with them and they hired my firm. I’ll act as their attorney for all their estate planning.

I was also hired to work with another couple who just had their first child. They came to RTY Law through some friends. They asked me to draft their estate planning documents with emphasis on who they want to act guardian of their child in the event they are unable to do so.

Add to all this emails, phone calls, mettings, board meetings, etc., and it makes for a full week.