April 12th, 2010 by michiganveteranelderlaw


Research has discovered that as we age, our diets and our need for dietary supplements become more.  Doctors are increasingly concerned about boosting the levels of vitamins and minerals that we need as we grow older.

As most people get older, they tend to eat less due to a loss of appetite.  As a result, many elderly individuals do not take in adequate amounts of vitamins and other nutrients as they did when they were younger.  Other factors that can affect appetite and the inadequate uptake of vital nutrients are medications, medical complications, certain disabilities, diabetes, changes in the digestive system and even the changes in our skin as we age.  One study estimates that one-third of the elderly are alarmingly low on important vitamins and minerals.  Another study indicates that two thirds of the elderly patients admitted to a hospital are mal-nourished, resulting in low levels of vital nutrients.  When a person is vitamin and mineral deficient, he or she is more susceptible to illness and infections.  It is estimated that deaths due to infections are ten times more likely in the elderly.

Vitamins
So what is a vitamin and why is it so essential to our bodies?  A vitamin is a molecule that our bodies need to carry out certain biological functions.  With only a few exceptions, we have no way to create vitamin molecules ourselves, so these vital building blocks must come in through food that we eat.  The human body is known to need at least 13 different vitamins.  We are able to store some of these for long periods of time in fat cells or in the liver — such as vitamin A — but most vitamins need to be replenished frequently.

Vitamins don’t supply us with energy.  We need protein, carbohydrates, and fats for that.  What vitamins do is to help the carbohydrates, fats, and proteins release energy.  These vital compounds are very important and they are required for all sorts of complex chemical reactions in our bodies.  Vitamins are also needed to assist the enzymes that repair tissue and help with the production of cells.  Many studies show that vitamins and minerals can help or prevent some of the disorders or diseases related to aging.

There are two types of vitamins — water soluble and fat soluble.  Water soluble vitamins are not stored in our systems.  They pass through us quickly.  In order to keep these nutrients in our bodies we have to consume them frequently.  Water soluble vitamins contribute to our health, energy and stamina.  This type of vitamin also helps in the function of over one hundred enzymes and chemical reactions that give our bodies energy.   Listed below are some of the well known water soluble vitamins and their benefits.

  • Vitamin B5 – good for reducing swelling
  • Vitamin B3 – reduces tissue swelling and helps increase blood flow.
  • Vitamin B6 – also reduces swelling.  When combined with vitamin B12 in proper concentration has shown to reduce heart disease.
  • Vitamin B12 – This is the most vital of the B’s.   It aids in the formation of cells, myelin production, healthy nerves, and maintaining immune system and mental function.
  • Vitamin C – Vitamin C helps in the formation of cartilage and bone.  Some studies have shown it may reduce the progression of osteoarthritis.

Fat soluble vitamins are vitamins that stay in the body and are typically stored in the liver.  You can usually receive enough of these compounds by eating a well balanced diet.   Any condition that can interfere with the absorption of fat in the body like tuberculosis, cystic fibrosis, hypothyroidism, lactose intolerance, and many other diseases or disorders can cause deficiencies in these vitamins.  Before taking the daily recommended dose of fat soluble vitamins you must consult your doctor.  Overdosage of these substances can cause a toxic build-up.  Listed below are the major fat soluble vitamins.

  • Vitamin A – Lungs, throat and mouth depend on vitamin A to retain moisture.   This compound is also important for your skin, bones, teeth, digestive system, urinary tract, eyes and aids in preventing skin disorders like acne, boils, and bumpy skin.  Some studies show that it may aid in slowing the aging process.
  • Vitamin K – plays an important role in the clotting of blood.  Research has linked vitamin K to bone health.
  • Vitamin D – is produced in the skin by exposure to the sun.  Deficiencies mostly occur in people living in northern latitudes where daylight is brief during winter months.  Changes in skin as we age can also cause poor production of vitamin D.   Studies show that  osteoporosis might progress faster in women with low levels of vitamin D.  This compound is essential in helping the body absorb calcium and in maintaining strong bones.

Minerals
Unlike vitamins, minerals are not manufactured by plants or animals.  Minerals form in the earth, and are absorbed by plants and found in animals that eat the plants.  Listed below are some of the essential minerals needed to maintain a healthy body.

  • Iron – helps carry oxygen throughout the body.  Iron also helps the immune system ward off foreign entities.
  • Calcium – Most women as they get older need calcium supplements to prevent bone loss that causes osteoporosis.  Calcium supplements will not do you any good if you do not have the right levels of vitamin D.  your body cannot absorb calcium without vitamin D.
  • Zinc – Zinc deficiencies can affect skin, nerves, and the body’s immune system.

It is important that you take vitamin and mineral supplements with food.  Fat soluble vitamins require fat ingestion to result in the best absorption.  It is best to take your supplements at the biggest meal of the day.

We use vitamins every day to support the processes our bodies use to maintain life.  Ongoing reduced levels of vitamins can make you weak and more vulnerable to disease.  Proper nutrition with vitamins and minerals is vital for seniors to maintain a healthy lifestyle.  Other health issues related to aging are discussed on the National Care Planning Council website at www.longtermcarelink.net.

March 20th, 2010 by michiganveteranelderlaw


Mediation has been used for years in the area of divorce and civil litigation.  Well, now according to a Wall Street Journal article it is coming to the area of Elder Law.  “Elder mediation has started to take off over the past couple of years”, according to the article.

You can read the Wall Street Journal article at Mediators Focus on Elder Issues.

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm.

March 13th, 2010 by michiganveteranelderlaw


There has been a huge change to the Tax Code in 2010 that has some interesting and important effects on Michigan Medicaid Planning.

There is currently no federal estate tax or generation-skipping tax for decedents dying in 2010 unless Congress passes new estate tax legislation this year. The federal estate tax will return in 2011 with a $1 million exemption ($2 million for married couples with basic planning) and the generation-skipping tax exemption will return at $1 million, indexed for inflation.

As of January 1, 2010, IRC Section 1022 became effective and substantially changed the rules for obtaining a step-up in basis for real property or appreciated assets passed to a beneficiary at the death of the property owner. Section 1022 replaced the prior rule, IRC Section 1014, which expired on December 31, 2009, along with the estate tax.

The changes to the tax code can seem very confusing as it applies to Michigan Medicaid planning. it is also important to remind Michigan seniors and their loved ones of the importance of planning early to protect assets from the rising costs of long-term care. To read more on this topic, continue reading at Michigan Medicaid and 2010 Tax Code Changes.

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm.

March 1st, 2010 by michiganveteranelderlaw


What is long term care insurance?  Why should you consider long term care insurance?  How to buy long term care insurance?  You can read some of the answers to those important elder care questions at the Jensen Law Office Blog.  Read the post entitled Long Term Care Insurance.

-Christopher J. Berry, Esq., Michigan Veteran and Elder Law Attorney.

February 27th, 2010 by michiganveteranelderlaw


A complaint has been files against the Howell Care Center, which is a Livingston County assisted living facility for major violations involving medication, professional standards, and administration, according to a recent www.detnews.com story.  The Howell Care Center has been fined and has six months from Jan. 7 to correct the deficiencies.  You can read the article here: Assisted living center in Howell cited for violations.

February 26th, 2010 by michiganveteranelderlaw


Alice Thomas (New Elder Law Attorney) is a new lawyer practicing elder law.  In December 2009, she graduated from Pacific McGeorge School of Law at age 79.  That’s right she graduated at age 79.  She has already picked up a job working at an elder law firm in Reno, Nevada.  You can read more of the story here: 79-Year-Old Graduates From Law School, Begins Career in Elder Law.

Good for her!

February 26th, 2010 by michiganveteranelderlaw


If you want to communicate with the Federal Government regarding any Veterans Affairs, both the House and the Senate have their own web pages dedicated to assisting Veterans.

The United States Senate, has a section dedicated specifically to assisting with Veterans Benefits claims. You can reach the Committee on Veterans Affairs at their website which is http://veterans.senate.gov/

The United States House of Representatives page also contains a great deal of information that is of interest to Military Veterans.  You can access the House’s Veterans information at http://veterans.house.gov/

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm.

February 25th, 2010 by michiganveteranelderlaw


michiganveteranslawyerAs a Michigan Veteran lawyer, I like to stay on top of the latest happenings affecting Michigan Veterans.  This past week there has been some interesting news occurring around the State of Michigan the past week that may impact Michigan Veterans.

  • State Sen. Raymond Basham (D-Taylor) announced that Michigan’s disabled veterans would be receiving financial assistance to improve accessibility to their houses.
  • Edward Rose Associates has donated $338,143 to Paralyzed Veterans of America to help veterans in Michigan, Illinois, Indiana, Nebraska, Ohio, Virginia and Wisconsin.

You can read the entire article with the information at The News Herald.

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm.

http://www.flickr.com/photos/walkadog/ / CC BY 2.0
February 25th, 2010 by michiganveteranelderlaw


Long-term care insurance can be a confusing proposition for Michigan seniors.  That is why I recomend that you sit down with a long-term care professional who is knowledgeable in the area.  Nationally known Elder Law attorney, Robert Fleming, has an interesting article on long-term care insurance entitled, The Do’s and Don’ts of Long-Term Care Insurance.

-Christopher J. Berry, Esq. is a Michigan elder law attorney, a Veterans Administration Accredited attorney, a member of the National Academy of Elder Law Attorneys (NAELA), a member of ElderCounsel,  and practices elder law, medicaid planning and Veterans Benefits planning in Bloomfield Hills, Michigan.  He can be contacted at (248) 971-1700 or online at www.witzkeberry.com. Visit his  Michigan Elder Law Website at: Michigan Veteran and Elder Law Firm.

February 20th, 2010 by michiganveteranelderlaw


Veterans who served on active duty during a period of war or their surviving spouses could be eligible for a little-known Department of Veterans Affairs income program called Veterans Pension. Pension is more popularly known in the media as the “aid and attendance benefit.” This additional income can pay up to $1,843 a month to help veteran households pay for the elder care costs of home care, assisted living or nursing home care. According to the national care planning Council, the veterans aid and attendance could be available to 33% of all seniors over 65 under the right circumstances. That’s how many veterans or their surviving spouses there are in this country.

There is an income and an asset test to qualify for Pension. A special provision in the way the pension benefit is calculated can allow households with income up to $5,000 or $6,000 a month to still qualify for this benefit. The difficulty, oftentimes, is qualifying under the asset test. Generally, couples’ households with assets in excess of $80,000 will not qualify for Pension and assets for a single veteran or a surviving spouse in excess of $50,000 may disqualify the single person household. However, there is no specific asset test and amounts less than those listed above may also disqualify the applicant. A personal residence, assets that cannot easily be turned into cash, a car and personal property are exempt from the asset test.

Assets that may disqualify an applicant can be given away or turned into income and there is no penalty for doing this as there would be with Medicaid. After making adjustments to assets to qualify, an application can be made and generally an award will be granted based on the reasonableness of new asset amounts.

Unfortunately, assets that are gifted within a five-year period starting from the date of the gift could disqualify someone applying for Medicaid. Oftentimes, veteran households receiving Pension will need Medicaid because the pension benefit does not cover the full cost of care as would Medicaid.

It is extremely important that anyone who planning to qualify for the aid and attendance benefit should also make provisions to avoid or reduce the penalty imposed through early gifting by Medicaid. Counsel from an elder law attorney should be obtained and the appropriate planning for Medicaid should be done. Christopher J. Berry, Esq. is a VA Accredited attorney and is a member of the National Academy of Elder Attorneys (NAELA). He focuses his law practice on assisting seniors with veterans benefits and Medicaid and can help with dovetail planning for the two benefits. Christopher J. Berry, Esq., can be reached at (248) 971-1700 or online at www.witzkeberry.com and www.michiganelderlawcenter.com.