ELDER LAW NEWS & NOTES

February 2011 Law Office of William J. Brisk

Number 79 1340 Centre Street, Suite 205
Newton Center, MA 02459
www.briskelderlaw.com
617-244-4373 (Phone)

Retirement Planning Made Simpler 617-630-1990 (Fax)

The graying of America’s baby boomers remarkably high. We’ve even found in
Member and Fellow of the has created at least one growth industry, one case that an imprudent use of a
National Academy of Elder financial advising to those considering reverse mortgage actually impoverished a
Law Attorneys retirement designed to answer the client. She was approved to borrow
Attorneys: question, “what can I do to make sure about $200,000 on her home; she used
William J. Brisk that I don’t outlive my savings?” The about $100,000 to pay off debts and
Ellen B. Scult “triple whammy” of the last three years slowly drew down another $40,000 to
Cheryl B. Strunsky
Claire A. DeMarco (a sharp decline in stock prices, meet monthly expenses. When she
historically low interest rates paid on entered a nursing home with few assets
Paralegal: existing bank accounts, and the fall in other than her home, she learned that
Jennifer A. Duhaime-Baker house prices throughout most of the U.S.) MassHealth required her to borrow the
Probate Administrator: prompts desperate measures – some remaining amount of the original loan
Lisa C. Bilbo which actually worsen one’s ability to ($60,000) on nursing home expenses and,
enjoy a comfortable retirement. then, after she resided outside her home
Administrative: for more than a year, the mortgagee
Leigh T. Stearns
Sometimes, the “cures” can be worse could sell the home at a low price,
Contents
than the disease. For example, reverse recoup for itself not only the $200,000
Retirement Made Simpler 1&3 mortgages (that tap the equity in highly but about $15,000 in fees for initiating
Chocolate 1&3 appreciated homes) appear to be very the reverse mortgage AND accumulating
Roundtable Event 2 attractive (you can remain in your home interest at the rate of over 5%. If she
VA Benefit 3 without paying down the loan) but their had not entered into the reverse
Visit to Heritage 4
hidden costs are great and monthly mortgage, (Continued on Page 3)
Upcoming Events interest is

♦Roundtable: Anti-Inflammatory Chocolate May Be More Effective Than Medications

Workshop. Rescheduled for 3rd
time! Feb 24th @ 7:45AM Cabot
Park Village. See our website
for more information. Please
come join us.
This newsletter is not intended as a
substitute for legal counsel. While
every precaution has been taken to
make this newsletter accurate, we
assume no responsibility for errors or
omissions, or for damages resulting
from the use of the information in this
newsletter.
For Calming Alzheimer Patients
The December 31, 2010 issue of the
New York Times featured some
interesting observations by writer Pam
Belluck who surveyed successful and
unsuccessful nursing homes in the
Phoenix area. Her story begins with the
experience of “Margaret” who at 96 and
afflicted with Alzheimer’s was
“agitated, combative, often reluctant
to eat [and] would hit staff members
and fellow residents” at a succession of
nursing homes. Admitted to
“Beatitudes,” to the surprised delight of
her family Margaret adjusted almost
immediately when she realized that she
could eat whenever and whatever she
wanted as well as decide her own
schedule for bathing and sleeping.
Beatitudes’ director of research (that
the nursing home staffed such a position
is interesting in itself) told the author
that “Whatever your vice is, we’re your
folks.” Chocolate, the nursing home
found, was more effective than Xanax,
a frequently prescribed “mood
enhancer.”
Belluck introduces some new,
scientifically generated, approaches to
caring for demented patients. We
reported (May 2010 Issue) on Dr. John
Zeisel’s approaches which include using
food, scheduling, art, music and
exercise to “generate positive
emotions.” Research has shown that
caregivers of Alzheimer’s patients may,
instead of administering antipsychotic
or anti-anxiety medications, make
simple adaptations: cosmetic changes to
rooms and hallways, increasing light,
even building fake bus stops close to
nursing homes to keep patients from
(Continued on page 3)
Page 2 of 4 ELDER LAW NEWS & NOTES

ANTI-INFLAMMATORY WORKSHOP
PRESENTED BY KAREN HONIG:

Roundtable Event Presented by: Law Office of William J. Brisk

Hosted by: Cabot Park Village

Inflammation is at the root of all chronic disease, including cardiovascular, cancer,

obesity, diabetes, dementia, depression, auto-immune diseases and even autism. The
workshop will discuss ways to eat and live healthier. This will include how to recognize the
causes of inflammation and how to make choices for an anti-inflammatory lifestyle.

Karen Honig, a Holistic Health Practitioner certified by the AADP (American Association of
Drugless Practitioners), believes that diet and lifestyle choices are responsible for overall
health. Although our genetics predispose us to particular health risks, there is much we
can do to offset these negative influences. We make choices every day that positively or
negatively affect how we feel, think and look. She is passionate about empowering clients
in building a solid foundation for optimal health.

For more information about Karen Honig of Boston Healthy Living, log onto
www.bostonhealthyliving.com/aboutkaren.html

Date: Thursday, February 24, 2011

Time: 7:45AM-9AM
Location: Cabot Park Village
280 Newtonville Avenue, Newton

Please RSVP to Jennifer at 617-244-4373 x 10

by Wednesday, February 23, 2011

Elder Law News & Notes
Retirement Planning Made Simpler, continued from Page 1
her home could have been successfully passed on to her
children while she received MassHealth coverage.
Another example is an annuity which, when purchased,
promises a high rate of return if left undisturbed for a
number of years. Unfortunately, if the investment is
“annuitized” (i.e. converted from an asset to a stream of
income for the rest of the annuitant’s life) at a time of
low interest rates, the return will be quite modest and
whatever income the annuitant receives may have to be
paid to a nursing home.
Reverse mortgages and annuities may be beneficial for
some of our clients, but accepting them as a cure-all for
all situations can be fatal.
The AARP in its December, 2010 bulletin recommends
three financial strategies for those contemplating
retirement.
1. Diversify holdings for a “total return
strategy.” This is ideally accompanied by a plan to
withdraw only 4% of the investment annually with the
expectation that, over time, that amount may be
slightly less than the total return of a mixed portfolio.
The AARP recommends withdrawing from equities in
years in which they rise above 4% but withdrawing from
bonds and fixed income investments when the market
fails to meet that reasonable goal.
2. What has become known as the
“Bucket Strategy” creates separate holdings with
different investment goals. The first bucket to be
tapped during the first five years of retirement would
consist of cash, CDs, and other fixed income assets.
Bucket #2 would include short-term bond funds and
Treasuries and would provide income for the next five
years. Buckets #3 and 4, to be used to fund retirement
years 10 to 20 would hold intermediate bonds, bond
funds or “balanced” funds (i.e. a combination of stock
and bonds). Bucket #5, which is designed to provide
for years 20 and beyond, invests aggressively in growth
opportunities. As a variation, the AARP recommends
replenishing Buckets 1 and 2 every three years or so
with gains from Bucket 5.
3. An “income floor strategy” uses
annuities to provide for a guaranteed return sufficient,
with other income, to meet your needs for the rest of
your life. The problem with annuities is, however, that
very few provide for increasing payments to match the
inevitable rises in the cost of living.
None of these strategies come with guarantees and you
should obtain objective, expert advice before embarking
on any significant investment plan. While we refuse to
recommend specific investments (that’s the job of
someone who keeps current almost daily on the
projected returns of investments and their safety), we
can help you make sure that the strategy you choose is
prudent and likely to avoid second thoughts.
Page 3 of 4
Chocolate May be More Effective, continued from Page 1
wandering further afield.
Because emotions persist even after cognition deteriorates,
showing film clips that evoke strong emotions such as sadness
or happiness, has an effective that lasts well after dementia
patients forget about the film itself.
Justin Feinstein, a researcher on neuropsychological
strategies for dementia patients, points out that some
behavioral problems may result from sadness or anxiety “that
the patients [no longer can] explain.”
The research reported in the Times also notes the
importance of raising the spirits of caregivers. Reducing
caregiver stress is particularly important whether the patient
is institutionalized or still living at home with loved ones.
Making counseling available to caregivers is important, if only
because it gives the caregiver a chance to unburden herself
(the majority of caregivers we see are women, but we
remember very well cases of husbands who loyally and
successfully cared for their wives) can change a caregivers
attitude and stamina.
Returning to “Beatitudes,” Belluck notes how useful it can be
to know more about every patient so that each can be
engaged in lifelong pursuits. As one staff member notes,
sadly, “In the old days we could find out more about
[residents] from their obituary than we did when they were
alive.” Finding a resident’s favorite things should be, the
research suggests, just as important as reviewing the
discharge summary provided by a hospital.
All nursing homes are not equal. Finding one that
individualizes care to meet a demented resident’s needs
seems to offer the possibility of enhancing moods and
meeting demands that cannot be voiced.
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VA Benefit Designation
On December 29, 2010 Attorney Claire DeMarco of our office
was accredited for preparation, presentation, and
prosecution of claims for veterans benefits before the
Department of Veterans Affairs (VA).
This certification allows Claire to build additional options
into our comprehensive planning process for those clients
who are veterans or their survivors.
 Law Office of William J. Brisk
1340 Centre Street, Suite 205
Newton Center, MA 02459
Phone:
(617) 244-4373
Fax:
(617) 630-1990
E-mail:
jenniferduhaime@briskelderlaw.com areas. Instead there are small clusters of
Now offering free Estate
Planning Workshops!
Please contact Jennifer for
more information:
617-244-4373 x 10
Find out what is going
on in our office by
logging on to:
www.briskelderlaw.com
Law Office of William J. Brisk
1340 Centre Street, Suite 205
Newton Center, MA 02459
Visit to Heritage at Framingham
Heritage at Framingham has everything you
could want in an Assisted Living Facility. It
is a bright, cheerful, open place with
friendly staff and plenty of activities. The
award winning design includes plenty of
windows and open, communal areas on all
floors. There are very few “hotel hallway”
units around communal living spaces,
allowing plenty of places to mix and mingle.
The grounds are beautiful, with broad
porches, walking paths, manicured lawns,
and benches for sitting and reading, talking,
or just taking in the sights and sounds
around you. There are raised gardening
beds, along with some indoor gardening
areas, for general use. Even the Homestead
wing, which houses a memory unit, features
fenced grounds to allow the residents to
safely enjoy the beautiful grounds.
There is a wide range of activities from
shopping and dining excursions, to Wii
classes, to movies, to puzzles, games, and
more. Although it is often quiet, there is a
feeling of activity rather than stagnation.
The residents, including the pets, are
much in evidence.
There is a café for residents, which offers
coffee, tea, and pastries. You can pick
up a newspaper and sit and read, do a
crossword puzzle, sit by the fireplace,
and read books from well-stocked shelves
(courtesy of Framingham Public Library).
The cluster design ensures that each unit
has expanses of windows so they feel
light and open. Each apartment has a
spacious bathroom (of two) and good
closet space. They also have a mini
kitchen with small refrigerator, sink,
cabinets, and microwave space for
snacking and entertaining in the
apartments.
Heritage at Framingham
747 Water Street
Framingham, MA 01701
www.heritageassistedliving.com
Tel: 508-788-6050