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Serving Oconee County Georgia and the Surrounding Area

What Is a Guardian Ad Litem and What Do They Do?

September 14, 2026 No Comments

Takeaways

  • A guardian ad litem (GAL) is a court-appointed, neutral advocate focused solely on a vulnerable person’s best interests during a specific legal case. Their role ends when the case is over.
  • GALs investigate and report to the judge by meeting with the person, reviewing records, interviewing key people, and assessing safety and living conditions before making recommendations.
  • A strong GAL looks for the least restrictive option, including alternatives to full guardianship, while ensuring the person’s voice and rights are protected.

For most people, the first time they encounter the term “guardian ad litem” is during a family crisis, such as an aging parent who can no longer manage their own affairs, a sibling left incapacitated after an accident, or a loved one whose mental illness has progressed to the point that they can no longer advocate for themselves. Suddenly, a court is involved, and a stranger is being appointed to represent someone they love. It can feel disorienting, even threatening.

Understanding what a guardian ad litem is, and what they do, can make a stressful process much more manageable.

What a Guardian Ad Litem Is

“Guardian ad litem” (GAL) is Latin for “guardian for the lawsuit.” This is a legal role created for, and limited to, a specific court proceeding. A GAL is someone a court may appoint to represent the best interests of someone who cannot fully represent themselves in a legal matter.

For adults, this typically arises in guardianship and conservatorship proceedings — cases where a court is being asked to determine whether an adult has the capacity to make decisions for themselves, and if not, who should be authorized to make those decisions on their behalf.

A guardian ad litem is not the same as a legal guardian. A legal guardian has ongoing authority over a person’s life, such as where they live and what medical care they receive. A guardian ad litem has a narrower job: to investigate, report, and advocate within the bounds of a single legal proceeding. Once the case is resolved, the GAL’s role ends.

Why They Are Appointed

The person at the center of a guardianship case, called the “respondent” or “alleged incapacitated person,” is by definition someone whose capacity is in question. They may have dementia, a traumatic brain injury, a severe psychiatric illness, or an intellectual disability that has worsened over time. Because their ability to understand and participate may be compromised, the law recognizes that they need a dedicated advocate focused on what’s best for them — not the family, the petitioner, or even the state.

Courts appoint guardians ad litem for adults in several common situations:

  • Guardianship petitions. A family member or agency is asking to be named the legal guardian of an adult who can no longer care for themselves.
  • Conservatorship proceedings. A family member is asking for control over a person’s finances and property.
  • Contested cases. Family members disagree about what is best for a vulnerable adult.
  • Situations where there is no family. The court needs an independent voice.
  • Cases involving potential abuse, neglect, or exploitation. A family member may be a source of harm rather than protection.

Some states require GAL appointments in all adult guardianship proceedings as a matter of law. Others leave it to the judge’s discretion. Either way, when a judge appoints one, it signals that the court takes seriously its obligation to protect the respondent.

Who Can Serve as a Guardian Ad Litem

Qualifications vary by state, but GALs for adults are often:

  • Attorneys. Commonly chosen, particularly in contested cases, because they can navigate legal proceedings, subpoena records, and argue on behalf of their client before the judge. In some states, only attorneys may serve as GALs for adults.
  • Social workers and other professionals. Those with backgrounds in elder care, disability services, or mental health are appointed in some jurisdictions, especially when the role is more investigative than adversarial.
  • Trained volunteers. May serve in some courts, particularly those with limited budgets, though this is more common in GAL programs for children than for adults.

Whatever their background, a GAL is expected to be neutral — not an advocate for any family member, not a rubber stamp for the petitioner’s wishes, and not a substitute for the respondent’s own attorney (who, in many states, the respondent is also entitled to have).

What a Guardian Ad Litem Does

The GAL’s job is to investigate thoroughly and give the court an independent view of the respondent’s best interests. This often involves:

  • Meeting with the respondent. A good GAL spends time with the person at the center of the case to understand their personality, expressed wishes, fears, and level of understanding about what is happening. Even people with significant cognitive impairment often have clear preferences about their own lives. The GAL’s job is to give voice to those preferences.
  • Reviewing medical and psychological records. GALs can typically access evaluations, diagnoses, treatment histories, and capacity assessments. This helps them understand the nature and extent of the person’s limitations.
  • Interviewing family members and others. The GAL may speak with family members, caregivers, physicians, social workers, neighbors, or others with relevant knowledge about the respondent’s situation. These conversations are investigative. The GAL is gathering information, not taking sides.
  • Visiting the respondent’s living situation. Where they live and whether they are safe are often central questions in guardianship cases. A home visit can reveal things that documents can’t capture.
  • Filing a written report. In most cases, the GAL submits a report to the court summarizing their findings and making recommendations. It may include opinions on whether guardianship is necessary at all, what its scope should be, who would be an appropriate guardian, and whether less restrictive alternatives, such as a supported decision-making arrangement, have been explored.
  • Appearing in court. The GAL may testify, answer the judge’s questions, or argue for their recommendations at a hearing.

The Least Restrictive Option

One of the most important things a GAL for an adult should ask is whether full guardianship is necessary. It can remove fundamental rights, including the right to decide where to live, whom to associate with, and what medical care to accept.

A good guardian ad litem will ask whether the respondent’s needs could be met through less restrictive means, such as:

  • a durable power of attorney for finances,
  • a health care proxy for medical decisions,
  • a representative payee for Social Security benefits, or
  • a supported decision-making agreement that helps the person make their own choices with assistance rather than replacing their judgment entirely.

If full guardianship is warranted, the GAL may also recommend that it be “limited” — covering only the specific areas where the person lacks capacity, rather than a blanket grant of authority over every aspect of their life.

What Families Should Expect

If a guardian ad litem has been appointed in your family’s case:

  • Expect contact. The GAL will likely want to speak with you. Be honest and prepared to share documents that support your account of the situation, such as medical records, financial records, and incident reports. Remember, the GAL is neither your adversary nor your advocate.
  • Expect the GAL to focus on your loved one, not you. Although your family member’s safety is at stake and you believe you know exactly what they need, the GAL’s allegiance is to the respondent. Their job is to make sure the respondent’s voice is heard and their interests are protected — even if that means pushing back on what the family wants.
  • Expect candor, not comfort. A good GAL tells the court what they found, including things that may be uncomfortable for your family to hear. If they observed that your loved one is more capable than the petition suggests, they will say so. If they found evidence of neglect or conflicting family interests, they will report that too.
  • Expect some delay. The GAL process takes time. In urgent cases involving immediate safety concerns, courts can move more quickly, but in typical proceedings, the investigation may take weeks.
  • Expect the report to carry weight. Judges take GAL reports seriously. They represent an independent, “boots-on-the-ground” assessment that the judge cannot conduct personally. While the GAL’s recommendations are not automatically adopted, they often significantly influence the outcome.
  • Expect to pay in some cases. GAL fees vary widely. Often, the cost is paid from the respondent’s estate, though some courts use publicly funded programs. It may be worth asking early in the process how the GAL will be compensated.

A Reassuring Note to Families

Feeling unsettled is entirely normal when a stranger is appointed to represent your family member and weigh in on their life. It can feel like a loss of control at a moment when you are already dealing with something painful.

However, the guardian ad litem system exists because the people at the center of these cases are vulnerable and because the people who love them, despite best intentions, sometimes have interests that don’t align with what is best for their loved one.

The GAL is meant to focus on the person whose life is being shaped by the court’s decision. When the system works well, the guardian ad litem ensures that even someone who cannot fully speak for themselves is not spoken over.

Medical Decision-Making for Individuals With Chronic Disease

September 11, 2026 No Comments

Takeaways

  • Establishing advance health care directives, health care powers of attorney, and HIPAA authorization forms allows individuals with chronic conditions to control their medical decisions and information, even if they become unable to communicate.
  • These documents provide peace of mind for patients and their families by offering clarity, reducing stress, and ensuring medical care aligns with personal values.

Living with a chronic health condition often means navigating a complex health care system, managing ongoing treatments, and making difficult medical decisions. For many, the uncertainty of how their health may progress raises important questions: What will happen if I can’t make my own health care choices? Who will speak for me if I become unable to express my wishes?

The answers lie in legal documents such as advance health care directives, health care powers of attorney, and HIPAA authorizations. These tools allow people to maintain control over their care and ensure their voices are heard, even if they cannot advocate for themselves.

Why These Documents Matter

Chronic health conditions such as kidney disease, diabetes, or cancer can sometimes lead to sudden complications or long-term changes in decision-making ability. Planning ahead reduces stress for patients and families by providing clarity and direction in critical moments.

Without formal documentation stating a patient’s wishes, medical professionals are generally obligated to provide life-sustaining treatment in emergencies. Family members may face a similar struggle with making difficult choices, sometimes leading to disagreements or legal disputes.

Advance health care planning empowers individuals to take charge of their health care journey and removes the guesswork for loved ones and medical professionals.

Advance Directive

An advance health care directive, sometimes called a living will, is a written document that outlines your preferences for medical care if you become unable to communicate. It can address issues such as:

  • Life-sustaining treatment preferences. Do you want to be placed on a ventilator if you stop breathing?
  • Artificial nutrition and hydration. Would you want to use feeding tubes or IV fluids if you become unable to eat or drink?
  • Resuscitation orders. Do you want CPR performed if your heart stops?
  • Pain management. Should comfort and quality of life take priority over aggressive treatment?

Advance directive forms can be as detailed or as broad as you want. You can also update them as your health condition or beliefs change.

Health Care Power of Attorney

A health care power of attorney (POA), sometimes called a medical POA or health care proxy, designates a trusted person, often a spouse, family member, or close friend, to make medical decisions on your behalf if you become unable to make decisions or cannot express your wishes.

The chosen representative, known as a health care agent or proxy, can speak with doctors and other providers about treatment options. They can also access medical records to make informed decisions. An agent can consent to or refuse medical treatments based on your expressed wishes and advocate for your preferences in hospitals or other care settings.

Unlike an advance directive, which provides specific instructions, a medical POA allows flexibility. This is especially helpful when situations arise that aren’t clearly outlined in an advance directive.

HIPAA Authorization Form

Advance directives and health care powers of attorney focus on decision-making. The Health Insurance Portability and Accountability Act (HIPAA) form focuses on protecting your medical information.

Without written authorization, health care providers may be unable to share details about diagnoses, treatments, or test results, even with close family members. A HIPAA authorization form allows you to designate specific people, such as a health care proxy, spouse, or children, who can access your medical records.

Having a HIPAA authorization form ensures that the people you trust have the information they need to make informed health care decisions on your behalf.

Putting These Documents in Action

Ensure that your health care documents reflect your wishes and will function as you intend by:

  • Reflecting on your values. Consider what quality of life means to you and what treatment decisions you would or wouldn’t make.
  • Talking with your loved ones. Explain your preferences with family so they understand your choices.
  • Choosing your health care proxy carefully. Pick someone who understands your values, can handle stress, and will advocate firmly on your behalf.
  • Completing all applicable health care forms. Each state has its own legal guidelines for advance directives, POAs, and HIPAA forms.
  • Reviewing your health care documents with professionals. Discuss your documents with your doctor and an attorney to ensure they are clear and valid.
  • Sharing copies of your signed documents. Give signed copies of these documents to your proxy (agent), family members, and doctors. If possible, upload them into your electronic medical record.
  • Reviewing and updating these documents regularly. Revisit your documents every few years or after major health changes.

Peace of Mind Through Planning

For individuals living with chronic illnesses, uncertainty about the future can be daunting. Taking proactive steps to document health care wishes can provide reassurance that your values will guide your medical care, even if you cannot speak for yourself.

By planning ahead, you not only protect your autonomy but also provide your loved ones with a clear path forward, thus reducing stress, preventing conflict, and ensuring that your medical care reflects what matters most to you.

Choosing Assisted Living Memory Care for Dementia

September 9, 2026 No Comments

Takeaways

  • Assisted living can be a good fit for someone with dementia who needs help with daily activities and supervision but does not require 24/7 medical care in a nursing home.
  • Memory care usually means a more structured, dementia-informed environment within assisted living, but services and staffing standards vary by state and by facility.
  • The quality and dementia-specific supports can vary widely — so families should ask detailed questions.
  • Look beyond amenities: staffing, dementia training, safety practices, and medication support often matter more than the building itself.
  • Expect costs to rise as needs increase. Ask what is included, what triggers price changes, and what happens if funds run low.
  • Before signing, have a licensed attorney review the contract for fees, discharge and transfer rules, dispute-resolution clauses, and what happens if care needs change.

Assisted living is playing a growing role in dementia care. According to a recent report from AARP, more people 85 and older now reside in assisted living than in nursing homes. Of assisted living residents, 44 percent live with Alzheimer’s disease or another dementia, and many communities are responding by adding or expanding memory care units.

For families navigating this landscape, the expansion of memory care is both an opportunity and a challenge. On one hand, assisted living can feel less institutional than a nursing home and may support quality of life for older adults who are still physically capable. On the other hand, assisted living and memory care are regulated mostly at the state level, and the name on the brochure doesn’t always tell you what level of care a facility can truly provide.

What Is Assisted Living?

Today, 1 million Americans live in assisted living communities. Assisted living is often described as a middle ground between independent living and a nursing home. It typically combines:

  • Housing (a private or semi-private apartment or room)
  • Meals and housekeeping
  • Supervision and help with activities of daily living (ADLs), like bathing, dressing, and eating
  • Some health-related services, which may include help with medication administration

Assisted living is not the same as a nursing home, which provides a higher level of medical oversight and skilled nursing care. Also, note that services offered by assisted living facility may vary by facility and by state.

If your loved one needs round-the-clock medical care, you may need to look beyond assisted living.

How Do Assisted Living Facilities Serve Residents With Dementia?

Assisted living facilities primarily serve people with dementia by offering help with ADLs, which can become increasingly challenging as people age and dementia progresses. Some assisted living facilities provide dementia training to staff, but it is more common in specialized memory care facilities.

Not all assisted living is memory care, but many facilities offer it as a distinct, more specialized option within the same community.

Memory care facilities specifically serve people with dementia. Many states have developed a special licensure for assisted living facilities marketed as “memory care.” In those states, memory care facilities generally, but not always, have greater oversight of resident safety and staff receive dementia training.

What Role Do Family Caregivers Play?

While assisted living offers some support for people with dementia, family caregivers typically continue to provide support. Assisted living facilities typically offer limited hours a day of personal care services. When a resident’s needs exceed this, family caregivers often step in.

This caregiving can involve out-of-pocket costs. Family caregivers of assisted living residents with dementia report spending just shy of $9,000 annually on caregiving related costs, including things like personal supplies, transportation, and gaps in facility coverage.

What Questions Should Families Ask a Facility Before a Loved One Moves In?

Before a loved one with dementia moves into an assisted living facility, families should consider what services the facility provides and whether it can meet the needs of their loved one. As dementia progresses, the resident’s needs may increase over time, and a good facility should be able to adapt to changes in those needs.

Cost is also a major consideration. In 2024, the median annual cost of assisted living was $70,800, while the median income for adults 75 and older was $47,790. Facilities may charge additional fees for certain services, which can add up.

Keep in mind that Medicare does not pay for long-term custodial care, so most assisted living residents pay out of pocket. If funds run low, families often look to Medicaid. However, Medicaid rules vary by state, and Medicaid generally does not pay for assisted living room and board (although some states may cover certain care services for eligible residents).

The following questions can help families consider whether an assisted living facility is a good fit for a loved one with dementia.

  1. How many hours a day of help with daily tasks are provided?
  2. Who provides hands-on care and who administers medication?
  3. Are staff members trained in dementia care? How many residents does each staff member typically care for?
  4. Is there a nurse on site? If so, when?
  5. Is this a memory care facility?
  6. Is the memory care area secured? What happens if a resident is wandering and tries to leave?
  7. What supports are provided for residents with dementia?
  8. As dementia progresses, how does care adapt to meet a resident’s needs? How often is the care plan reassessed?
  9. What are the monthly and yearly fees? Are services such as help with medication billed à la carte?
  10. How do you respond to agitation, refusal of care, or sundowning?

What Should Families Understand in a Contract Before Signing?

A contract is more than a financial document. It governs key rights and expectations.

Because assisted living is largely regulated at the state level and residents’ rights can depend on state rules and contract terms, have a licensed attorney review the facility’s contract before you sign it.

Elder law attorneys can help families understand:

  • the costs of services listed in the contract,
  • when fees can increase and how increases are communicated,
  • what happens if the resident needs to move out of the facility, and
  • how disputes are handled.

Finding the right fit takes time, but asking the right questions about care, costs, and contracts is how families advocate for their loved one and find a place where they can truly thrive.

End-of-Life Care Planning for Individuals With Special Needs

August 27, 2026 No Comments

Key Takeaways

  • Beginning end-of-life care discussions long before a crisis arises, using clear, plain language like “dying” and “death” allows the person with an intellectual or developmental disability (IDD) time to understand and revisit topics gradually.
  • Individuals with IDD have the right to express their preferences. Adapt the conversation using visuals or short discussions, and offer concrete choices to help them communicate their desires.
  • Once their wishes are known, work with trusted supporters to formally document them in legal forms such as advance directives to ensure their voice is honored in all future care decisions.

Having conversations about end-of-life care can be challenging, and many people avoid them. According to The Conversation Project, 92 percent of Americans acknowledge the importance of talking over their end-of-life care wishes but only 32 percent have discussed them.

When a loved one has an intellectual or developmental disability (IDD), these discussions can feel even more difficult. Caregivers may want to protect the person from distress, and sometimes they fear the person may not fully understand. But individuals with IDD deserve an equal opportunity  to express their preferences, ask questions, and participate in decisions about their own lives, including end-of-life care.

With thoughtful preparation and the right support, families can empower a loved one with an IDD to understand their options and feel safe and respected in expressing their personal wishes.

Why These Conversations Matter

Honoring Autonomy and Dignity

Individuals with IDD have the right to participate in decisions about their bodies and medical care. According to The Arc and National Down Syndrome Society, person-centered planning is essential in all aspects of life, and end-of-life care is no exception.

Reducing Fear and Uncertainty

Talking openly about illness and dying can decrease anxiety. Silence can often cause more fear than the conversation itself, especially if the individual senses that their loved ones are worried about them.

Improving Care and Reducing Crisis-Driven Decisions

Understanding the person’s wishes helps families and caregivers choose treatments aligned with the person’s values, avoid unnecessary hospitalizations, and make better decisions in emergencies.

Communicating Grief and Emotional Preparedness

People with IDD grieve just like everyone else and need proper support in the wake of loss. Helping them understand illness, loss, and final wishes can provide comfort, support emotional expression, and improve coping, even before any crises occur.

When to Start the Conversation

Before There Is a Crisis

Strive to explore end-of-life discussions earlier in life rather than later, ideally before a serious illness or emergency arises. For individuals with IDD, starting early offers such benefits as:

  • time to revisit topics slowly, over multiple conversations
  • reducing fear when the discussion happens before any urgent decisions are needed
  • helping the person understand these concepts gradually rather than confronting everything at once

During Routine Life Transitions

Certain moments can naturally open the door to end-of-life discussions, such as:

  • the death of a family member or pet
  • transitions to adulthood
  • discussions about guardianship, conservatorship, or estate planning
  • medical appointments involving new diagnoses
  • changes in living arrangements, such as getting one’s own place

These moments can help build comfort with topics like illness, treatment preferences, transitions, funerals, or grief.

When the Individual Brings It Up

Many people with IDD express awareness of aging, illness, and death. If they ask questions or show concern, that could be an appropriate time to offer reassurance and begin an age- and ability-appropriate conversation.

How to Discuss End-of-Life Care

Use Clear, Concrete Language

Instead of using euphemisms such as “passing away” or “going to sleep,” use plain terms like “dying,” “death,” and “serious illness.” Explain one idea at a time and check for understanding by asking the person to explain something in their own words.

Adapt the Conversation to the Person’s Communication Style

Depending on the person’s abilities:

  • use pictures, social stories, visual schedules, or body diagrams
  • allow gestures, devices, or communication boards
  • break conversations into short discussions over days or weeks

Offer Choices Whenever Possible

Instead of abstract questions, such as “What do you want at the end of your life?,” offer meaningful, relatable options, such as:

  • “If you are very sick, would you want to be at home or in a hospital?”
  • “If machines can help you breathe, would you want that all the time, just to get better, or not at all?”
  • “Who do you want to help make decisions for you if you cannot speak for yourself?”

Involve People They Trust

Trusted supporters can help translate medical information or reinforce key concepts. This may include family members, long-term caregivers or direct support professionals, case managers, or health care providers familiar with intellectual and developmental disabilities.

Provide Repetition, Reassurance, and Time

Revisiting these topics multiple times is normal. Approach the conversation with patience, validate emotions, answer questions honestly, and re-explain concepts as needed.

Document the Person’s Wishes

Once the person’s preferences are clear, families can help complete documents such as:

  • advance directives
  • POLST or MOLST forms (depending on state)
  • guardianship or supported decision-making agreements

A Compassionate and Person-Centered Approach

Discussing end-of-life care with a loved one with an IDD is not about preparing for the worst but about honoring who they are, what matters to them, and how they want to live. When families create supportive, accessible, and respectful conversations, they build trust, ease fear, and ensure that their loved one’s voice remains central at every stage of life.

Federal Government Helps with COVID-Related Funeral Costs

September 22, 2021 No Comments

The Federal Emergency Management Agency (FEMA) — the government agency handling the burial cost program — released its policy for the program, reports AARP’s recent article entitled “FEMA to Help Cover Funeral Costs for COVID Victims.”

“The COVID-19 pandemic has caused immense grief for so many people,” Acting FEMA Administrator Bob Fenton said in a statement. “Although we cannot change what has happened, we affirm our commitment to help with funeral and burial expenses that many families did not anticipate.”

Note that FEMA has already had reports of scammers reaching out individuals claiming to offer help applying for this funeral assistance. If anyone contacts you about this program before you have personally registered for aid, it’s a scam. FEMA says it won’t reach out to people prior to registration.

The maximum amount of financial aid available is $9,000 per funeral. This assistance can be used to help with expenses for funeral services and interment or cremation. FEMA has said that a death must meet at least these criteria to qualify for aid:

  • The death certificate must state that the death was caused by COVID-19
  • The death happened in the U.S.; and
  • The person applying for funeral assistance must be either a U.S. citizen, a non-citizen national, or a qualified alien, who incurred the funeral expenses after January 20, 2020.

FEMA is taking calls for assistance applying for funeral aid at 844-684-6333 between the hours of 8am and 8pm Central time, Monday through Friday.

FEMA says if you had any COVID-19 funeral expenses last year, you should make sure to collect all the documentation for all of your costs. This includes:

  • An official death certificate that links the death directly or indirectly to COVID-19 and shows the death occurred in the U.S.
  • Funeral expense documents, like receipts or a funeral home contract that include your name, the deceased person’s name, the amount of the funeral expenses and the dates those expenses were incurred; and
  • Proof of funds received from other sources that went specifically toward the cost of the funeral.

This assistance program won’t be able to give you money for costs that were paid for by burial or funeral insurance or with financial aid received from voluntary agencies, government agencies, or other sources.

If you qualify for funeral assistance, you can receive a payment by mail or through direct deposit when you apply for aid.

Reference: AARP (April 7, 2021) “FEMA to Help Cover Funeral Costs for COVID Victims”

Suggested Key Terms: Elder Law Attorney, Elder Care, Funeral Arrangements, Burial, COVID-19 (coronavirus)

What Is Science Doing About Hearing Loss?

September 22, 2021 No Comments

Thanks to advances in technology and medicine like artificial intelligence and gene therapy, hearing research is producing significant innovations. AARP’s recent article entitled “Three Game-Changing Innovations for Those With Hearing Loss” looks at a couple of them, in various stages of development.

  1. Eyeglasses That Turn Speech into Subtitles. With these, you’ll be able to read what people are saying. An app on your smartphone would listen to a conversation and transcribe the speech into sentences in real time. The text would be sent instantaneously to your enhanced eyeglasses, which would create subtitles. Vuzix, a tech company, recently released smart glasses that work with transcription software. Automatic speech-to-text programs have proliferated in recent years, and live computer-generated captions are now available on most videoconferencing platforms. Smartphone apps can also generate real-time transcriptions for in-person conversations. However, the issue is that users have to be in front of a PC or looking at a phone, which detracts from full social engagement. However, companies are making subtitles more natural, by using “smart glasses” technology, which can project text to a user’s field of vision in a comfortable, nonintrusive way. We may see this in a few years.
  2. An App That Lets You Hear Someone in a Crowded Room. This technology can isolate a person’s speech in a noisy environment, which would solve what scientists call the “cocktail party problem.” An app would “listen” to the soundscape surrounding you and separate out different streams of sound, including voices, ambient music and other background noise. It would then isolate the sound you want to hear based on the direction you’re facing — and reduce everything else. The cleaned-up sound would then be delivered straight to your ear through your hearing aid, cochlear implant, or earbuds. Powerful de-noising programs look to be available on hearing technology within five years.
  3. Drug Therapy That Regrows Cells That Help Your Hearing. Your body would repair damage to your inner ear — like when a salamander regrows his tail. A drug delivered into your inner ear would turn on chemical switches to regrow the cells responsible for hearing and most hearing loss. Those born with hearing loss or those who lose hearing later in life would get injections to restore some or all of their hearing. This hair cell regeneration would be ideal for anyone who’s lost hearing because of missing or damaged hair cells. However, this isn’t anticipated to be available very soon. Some hair cell regrowth therapies using different methods are currently in human clinical trials. There are trials being conducted at Novartis, Eli Lilly, Frequency Therapeutics, and Pipeline Therapeutics. However, most of this work is still being tested in the lab.

Reference: AARP (August 2, 2021) “Three Game-Changing Innovations for Those With Hearing Loss”

Suggested Key Terms: Senior Health

Who Inherited from the Painter Bob Ross?

September 22, 2021 No Comments

Like many painters before him, Bob Ross’s image only took hold after his untimely death. He’s now a pop culture icon, and is featured as bobbleheads, Chia pets and has his own cereal.

However, there’s a reason why we see so much more of the gentle painter than ever before. That’s because of a legal battle for ownership of Ross’s name. That was the only item of value in his estate, which is rare for celebrities of his caliber.

Wealth Advisor’s recent article entitled “Here’s Who Inherited Bob Ross’ Estate, And Where They Are Now” reports about what happened to his estate, who controls it and where they are today.

The Daily Beast wrote that Ross is “a smash hit on social media, where he feels more like a Gen-Z influencer than a once semi-obscure PBS celebrity who rose to fame in the 1980s on the back of his bouffant hairdo, hypnotic singsong baritone and a timeless message about the beauty of the world around us.”

However, he wouldn’t have become a household name, if not for Bob Ross Inc. The battle began when the artist met Bill Alexander, a celebrity painter who had a show on PBS, in 1978. Alexander gave him a job as a traveling art instructor. Ross met Annette and Walt Kowalski at a class, who recently lost their son, and who wanted to learn how to paint.

The Kowalskis convinced him to come to Washington, D.C. to teach. They eventually made a deal: they’d give him a stipend and room and board, if he’d teach more classes that they’d arrange in the area. PBS then asked Ross to do a show like Alexander’s, and Dennis Kapp, the owner and CEO of the art-supply company Martin F. Weber, wanted to develop a line of supplies with him too. Soon, The Joy of Painting was born. However, to look after the supply company with Kapp, Ross and his wife Jane, and Annette and Walt signed documents to create Bob Ross Inc., with all four of them being equal partners.

At the end of the 1980s, all four partners were making $85,000, and in the early ’90s, Ross made around $120,000. However, he wanted to branch out, and when he did, the happy days were at an end. When Ross’s health started to decline, Walt “declared war” and sent Ross documents saying the Kowalskis owned everything, but they’d agreed that Ross and his heirs would get 1% of the revenues for the next decade. Ross never signed anything, and in fact, he quickly changed his last will to make it harder for the Kowalskis to steal his name and likeness.

Those changes to his last will included “a clause specifically addressing his name, likeness and the rest of his intellectual property. All of those rights were to go to Steve and one of Bob’s half-brothers.” His third wife replaced Annette as the administrator of his estate. In July 1995, the painter lost his battle to cancer.

When Ross died, Bob Ross Inc. was totally owned by the Kowalskis. However, they wanted it all, including his name and likeness. Then what one of Ross’s good friends calls “Grand Theft Bob” began.

Steve did not know about the final amendment until 20 years later when his uncle Jimmie, the estate’s executor, informed him. When Ross died, he was worth $1.3 million. Half of that was his third part of Bob Ross Inc., and there was also cash, stocks and property to divide.

The Kowalskis went after Ross’s art supplies and artwork and made “claims against the estate for business and personal reimbursements,” charging Ross’s widow with hefty lawsuits and suing PBS and the children’s show Ross guest-starred on. In 1997, Jimmie, Ross’s brother, settled the lawsuit, practically handing over everything to the Kowalskis. In 2012, their daughter Joan took over, opening up the realm of merchandising for the company.

However, there was still a “grey zone” in how Bob Ross Inc. could truly own Ross’s name and likeness. After learning about that amendment in Ross’s will, Steve went after Bob Ross Inc. but didn’t win his case against Bob Ross Inc.

Joan did strike a deal with him: if he surrendered his rights to Ross’s name and likeness, he could print his name on anything he wanted.

The good news was that Steve was able to return as an art instructor, and thanks to Bob Ross Inc., Ross was bigger than ever. That helped class sizes, and students came in masses to learn the iconic style. Steve gets to run his father’s estate, and fans welcomed him back to the painting world. Despite the fact that the Kowalskis got everything, they were the only ones who could have kept Ross’s name from disappearing.

As for all of Ross’s paintings the Kowalskis seized, they ended up in an unprotected warehouse until the Smithsonian took a collection of them.

Reference: Wealth Advisor (June 28, 2021) “Here’s Who Inherited Bob Ross’ Estate, And Where They Are Now”

Suggested Key Terms: Estate Planning Lawyer, Wills, Inheritance, Asset Protection, Executor

How Do You Keep Inheritance Money Separate?

September 22, 2021 No Comments

Families with concerns about the durability of a child’s marriage are right to be concerned about protecting their children’s assets. For one family, where a mother wishes to give away all of her assets in the next year or two to her children and grandchildren, giving money directly to a son with an unstable marriage can be solved with the use of estate planning strategies, according to the article “Husband should keep inheritance in separate account” from The Reporter.

Everything a spouse earns while married is considered community property in most states. However, a gift or inheritance is usually considered separate property. If the gift or inheritance is not kept totally separate, that protection can be easily lost.

An inheritance or gift should not only be kept in a separate account from the spouse, but it should be kept at an entirely different financial institution. Since accounts within financial institutions are usually accessed online, it would be very easy for a spouse to gain access to an account, since they have likely already arranged for access to all accounts.

No other assets should be placed into this separate account, or the separation of the account will be lost and some or all of the inheritance or gift will be considered belonging to both spouses.

The legal burden of proof will be on the son in this case, if funds are commingled. He will have to prove what portion of the account should be his and his alone.

Here is another issue: if the son does not believe that his spouse is a problem and that there is no reason to keep the inheritance or gift separate, or if he is being pressured by the spouse to put the money into a joint account, he may need some help from a family member.

This “help” comes in the form of the mother putting his gift in an irrevocable trust.

If the mother decides to give away more than $15,000 to any one person in any one calendar year, she needs to file a gift tax return with her income tax returns the following year. However, her unified credit protects the first $11.7 million of her assets from any gift and estate taxes, so she does not have to pay any gift tax.

The mother should consider whether she expects to apply for Medicaid. If she is giving her money away before a serious illness occurs because she is concerned about needing to spend down her life savings for long term care, she should work with an elder law attorney. Giving money away in a lump sum would make her ineligible for Medicaid for at least five years in most states.

The best solution is for the mother to meet with an estate planning attorney who can work with her to determine the best way to protect her gift to her son and protect her assets if she expects to need long term care.

People often attempt to find simple workarounds to complex estate planning issues, and these DIY solutions usually backfire. It is smarter to speak with an experienced elder law attorney, who can help the mother and protect the son from making an expensive and stressful mistake.

Reference: The Reporter (Dec. 20, 2020) “Husband should keep inheritance in separate account”

Suggested Key Terms: Inheritance, Irrevocable Trust, Estate Planning Attorney, Community Property, Medicaid, Unified Credit, Gift Tax Return, Assets, Comingled Funds

What are Most Costly Mistakes with Social Security?

September 22, 2021 No Comments

Motley Fool’s recent article entitled “5 Social Security Oversights That Could Cost You Thousands” says that these five Social Security mistakes could cost you thousands in your retirement.

  1. Claiming Social Security early while you’re still working. You can claim your Social Security retirement benefit as young as age 62, but your benefits will be permanently reduced when compared with the amount you would receive if you waited until your full retirement age. Social Security will also penalize you for continuing to work while collecting benefits, if you are younger than your full retirement age.
  2. Failing to claim Social Security by your 70th birthday. Once you hit age 62, your benefit increases the longer you wait to claim, until you reach 70. You don’t have to claim your benefit by your 70th birthday, but there is no more benefit for waiting at that point.
  3. Delaying past your full retirement age to claim Social Security spousal benefits. If you’re claiming Social Security benefits based on your own income record, it’s smart to wait past your full retirement age to start taking benefits. However, if you’re claiming based on your spouse’s benefits, there’s no benefit to delay beyond your full retirement age to claim. As a result, married couples of similar ages who have vastly different earned incomes have a dilemma: for you to claim spousal benefits, your spouse also has to have begun claiming benefits based on his or her own earnings record. This combination makes it less worthwhile for the primary breadwinner spouse to wait to collect benefits, if the spouse is expecting to take spousal benefits.
  4. Taxes on Social Security benefits are not adjusted for inflation. Originally, Social Security benefits weren’t taxed. However, in 1984, the government started taxing Social Security benefits once a person’s combined income reached $25,000. Even now, the income level where Social Security starts to get taxed is still at $25,000. Because there is no adjustment for inflation, this makes more of people’s Social Security income taxable. This easily costs even moderate-income retirees thousands of dollars of spendable income over the course of their retirements.
  5. “Tax free” income counts toward making Social Security taxable. Even traditionally tax-free sources of income, like the interest from in-state municipal bonds, is included in the calculations to see how much of your Social Security will be considered taxable. Therefore, seniors who own tax free municipal bonds as part of their retirement portfolio may be surprised to find that those bonds are what’s causing their Social Security to be taxed. Seniors who find themselves in that situation may want to reevaluate their choice to be invested in those tax-free municipal bonds.

Despite how simple Social Security may appear, these five situations show how mistakes can cost thousands of dollars.

Reference: Motley Fool (March 14, 2021) “5 Social Security Oversights That Could Cost You Thousands”

Suggested Key Terms: Elder Law Attorney, Social Security, Retirement Planning, Tax Planning, Financial Planning

Estate Planning for Couples with Big Age Differences

September 22, 2021 No Comments

Seniors who are married to younger spouses have a special situation for estate planning, a situation that’s become more common, according to Barron’s recent article “Couples with Big Age Gaps Require Special Attention.”

This kind of family requires planning for the older spouse’s retirement needs and healthcare costs, while determining how much of the older spouse’s wealth should go to the children from any previous marriages while balancing the needs of a future child with a younger spouse. Beneficiaries for all financial accounts, last wills and all estate documents need to be updated to include the new spouse and child. The same goes for medical directives and power of attorney forms.

Social Security and retirement account considerations differ as well. The younger spouse may begin receiving their own Social Security at age 62, or a portion of the older spouse’s Social Security, whichever is greater. If the older spouse can wait to file for Social Security benefits at age 70, the younger spouse will receive more spousal benefits than if the older spouse claims earlier. Social Security pays the survivor’s benefit, typically based upon the older spouse’s earnings.

Pension plans need to be reviewed for a younger spouse. If the pension plan allows a survivor benefit, the surviving spouse will receive benefits in the future. IRAs have different beneficiary distribution rules for couples with significant age differences. Instead of relying on the standard Uniform Lifetime Tables, the IRS lets individuals use the Joint Life and Last Survivor Expectancy Table, if the sole beneficiary is a spouse who is more than ten years younger. This allows for smaller than normally Required Minimum Distributions from the IRA, allowing the account a longer lifetime.

Families that include children with special needs also benefit from trusts, as assets in the trust are not included in eligibility for government benefits. Many families with such family members are advised to use an ABLE Savings Account, which lets the assets grow tax free, also without impacting benefit eligibility. There are limits on the accounts, so funds exceeding the ABLE account limits may be added to special needs trusts, or SNTs.

A trustee, who may be a family member or a professional, uses the SNT assets to pay for the care of the individual with special needs after the donor parents have passed. The child is able to maintain their eligibility.

For same sex couples, revocable or irrevocable trusts may be used, if the couple is not married. Nontraditional families of any kind with children require individual estate plans to protect them,  which usually involves trusts.

Trusts are also useful when there are children from different marriages. They can protect the children from the first marriage and subsequent marriages. A wisely constructed estate plan can do more than prevent legal battles among children—they can preserve family harmony in the non-traditional family after parents have passed.

Reference: Barron’s (July 27, 2021) “Couples with Big Age Gaps Require Special Attention”

Suggested Key Terms: Nontraditional Families, Social Security, Beneficiaries, Special Needs Trusts, Estate Plans, ABLE Savings Accounts, Pension Plans, Uniform Lifetime Tables, Joint Life and Last Survivor Expectancy Table, Revocable, Irrevocable

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