I’ll admit I approached this book with a great deal of doubt, mainly because of the use of the word “Prevention” in the title.  Alzheimer’s has been part of my family for many years.  My mom and I served as caregivers for an aunt who died from the disease 10 years ago and my grandmother has suffered from dementia of the Alzheimer’s type since 1999.  As a result, I am well aware that there is no cure, and no preventative treatment.  However, I did promise myself I would keep an open mind as I read the book.

I was pleased to learn early on in the book that the authors were clear on this fact:  there is no cure, and there is no “program” that is guaranteed to prevent Alzheimer’s.  The book is also very clear that the program suggested in the book may only delay the onset of the disease as opposed to preventing it.   But who wouldn’t want an additional year, two years or even more before the first symptoms of dementia?

The book is well-footnoted with numerous studies done on what may or may not prevent Alzheimer’s. The authors also do a very good job of explaining research done on and about dementia of the Alzheimer’s type, as well as other types of dementia and how it relates to the plan for healthy brain life they recommend.

As for the plan, the authors present a 7-day “start up” plan consisting of a physical exercise routine, recommend meals and snacks, and a daily memory exercise, as well as guidance on how to follow a permanent plan to promote brain health.   But one of the most impressive parts of the book is how easy it is to read and understand.  Every premise for the plan is explained, whether it is the mental exercise, physical exercise or recommended food to eat.  Whether or not it “prevents” Alzheimer’s, this program to promote healthy brain life is something from which everyone, regardless of age, can derive benefit.

The Growth of the Senior Population

In 1963, only 17 million Americans had reached age 65.  In 2004, approximately 36.3 million U.S. citizens were age 65 or older, and accounted for approximately 12% of the U.S. population according to the U.S. Census Bureau.  Today, the number of persons age 65 or older is over the 40 million mark.

By 2050, the U.S. Census Bureau predicts there will be 86.7 million citizens age 65 and older living in the U.S. and will comprise 21% of the total population.  People in the 65 and older age group will grow by 147% between 2000 and 2050, compared to 49% growth in the population as whole.

Increased Need for Elder Law Attorneys

As the population of those 65 and older increases, so does the need for the services elder law attorneys provide.  While the term “elder law” is very broad, the services of an elder law attorney may include assistance in obtaining Medicaid benefits or other governmental benefits based on a medical and financial need, advice on planning documents like revocable living trusts, wills, powers of attorney and health care directives, assistance in obtaining veterans benefits, and assistance with guardianships if a loved one becomes incapacitated.

To find an elder law attorney in your area, please visit our member directory at http://www.eldercounsel.com/AttorneySearch.aspx.

If you are an elder law attorney, we welcome you to take a look at ElderCounsel  and the benefits we offer our members.

We wish everyone a Happy Older Americans Month!

ElderCounsel, LLC

It is noted in the opinion that the South Dakota Supreme Court has also taken this position.

What will these mean for other states that currently do not penalize transfers to pooled trusts by persons over age 65?  Those states have either specifically noted it in their Medicaid eligibility rules, or through common practice do not assess a penalty and instead treat the transfer as an exempt transfer.  CMS has not made a formal rule change in the State Medicaid Manual, but it did urge states to penalize transfers to pooled trusts in a 2008 letter to the states.  Interestingly, 7 years earlier another official at CMS took a completely different position and stated that there was no age limit for a transfer to a trust that falls under 42 U.S.C. 1396p(d)(4)(C) (the pooled trust statute).  See footnote 3 in the Olson case for exact language of these letters.

It is anyone’s guess what other states will do following this decision.  If Congress intended to exclude transfers by persons over age 65 from the statute, it would seem logical that an age limit would have been added to 42 U.S.C. 1396p(d)(4)(C).  However, as shown in the Olson opinion, there is certainly more than one way to analyze this issue.

National Guard members are only eligible for VA benefits stemming from their federal service, which includes periods during which they were ordered into federal service by the President under 10 U.S.C.S. §12401 to perform duty under the provisions of 32 U.S.C.S. §§316, 502, 503, 504 or 505.   National Guard members who are ordered into the active service of a state are not eligible for VA benefits related to that service.  The active duty definitions are found in 38 C.F.R. §3.6, and for National Guard, see specifically (c)(3).

ElderCounsel Principal Howard S. Krooks, J.D., CELA, CAP,
has been named President-Elect of the National Academy of Elder Law Attorneys
(NAELA) for 2012-2013!
As President-Elect, Howard will help develop recommendations and plans for
innovative opportunities on issues and trends relevant to NAELA and Elder and
Special Needs Law.

“I am thrilled to be provided with the opportunity to shape policy within
NAELA, an organization devoted to assisting its members with providing the very
best legal services to seniors and people with disabilities, two groups that
are sorely in need of advocacy and legal representation,” Mr. Krooks said.

Howard S. Krooks is a partner of Elder Law Associates PA and is admitted to
practice law in Florida and New York. His practice is dedicated to elder law
and trusts, along with estates matters including representing seniors and
persons with special needs and their families with asset protection planning,
supplemental needs trusts, guardianship, wills, planning for disability, Medicaid,
trusts and advance directives.

In 2009, Howard was honored with the designation of NAELA Fellow. He serves on
the Executive Council of the Elder Law Section of The Florida Bar as the NAELA
Liaison. He is a Past Chair of the Elder Law Section of the New York State Bar
Association (NYSBA), where he still serves on the Executive Committee. In 2010,
he was named The Florida Bar Elder Law Section “Member of the Year”. Howard
was also chosen as a Florida Super Lawyer from 2007 to 2011 and a Metro New
York Super Lawyer from 2008 to 2011, named to Florida Trend magazine’s Florida
Legal Elite in 2007, 2010 and 2011, and has an AV® Peer Review Rating from
Martindale-Hubbell.

Ms. Peterson will teach a course in Veterans Benefits to students pursuing an LL.M. degree in Elder Law.

Founded in 1900 as Florida’s first law school, Stetson University College of Law has educated outstanding lawyers, judges and other leaders for 111 years.

Ms. Peterson joined ElderCounsel in January, 2008 as Education Director and Member Liaison and in January, 2009, was named Executive Director.

She is accredited by the Veterans Administration to assist veterans with claims, and is a member of National Academy of Elder Law Attorneys and the Academy of VA Pension Planners.

Valerie can be reached at valerie.peterson@eldercounsel.com or by phone, 888-789-9908 x81.

A Final 2012 Pension Rate chart prepared by ElderCounsel with the corrected basic pension figure is also available below.

VA Manual Pension Amounts 2012

Looking our "best"

Where we spent our day

rags, brooms…whatever we could get our hands on to help out.  And we certainly did not win any beauty contests while we did it!

Thought New Orleans and surrounding parishes were back on their feet?  In the debriefing at the end of our work day, we learned that it will take 16 years at the current rate to get the homes rebuilt for everyone who wants to return home.

The organization we volunteered for was called The St. Bernard Project, named for the St. Bernard parish, one hit hardest by Hurricane Katrina.  The St. Bernard Project has been received a number of national awards, including recognition by President Obama.  You can learn more at www.stbernardproject.org.

Having the ability to help others in need was something we will all cherish.  Many of us were meeting face-to-face for the first time (all three companies are virtual companies with most employees working from home) so the opportunity to work together for a common good was truly a blessing for us.  It made us stronger as a company, and as individuals.

Valerie L. Peterson

Executive Director, ElderCounsel, LLC

Valerie is the Executive Director of ElderCounsel, LLC , an organization that provides document drafting software, education and support to elder law and special needs attorneys across the United States.  Valerie is a frequent lecturer on elder law and Veterans Benefits.

Valerie Peterson

Valerie is the Executive Director of ElderCounsel, LLC.