On National Slam the Scam Day (and throughout the year), the Social Security Administration gives you the tools to recognize Social Security-related scams and stop scammers from stealing your money and personal information. Please share scam information with your loved ones. Help us “Slam the Scam!”

Recognize the four basic signs of a scam:

1.      Scammers pretend to be from a familiar organization or agency, like the Social Security Administration. They may email attachments with official-looking logos, seals, signatures, or pictures of employee credentials.

2.      Scammers mention a problem or a prize. They may say your Social Security number was involved in a crime or ask for personal information to process a benefit increase.

3.      Scammers pressure you to act immediately. They may threaten you with arrest or legal action.
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4.      Scammers tell you to pay using a gift card, prepaid debit card, cryptocurrency, wire or money transfer, or by mailing cash. They may also tell you to transfer your money to a “safe” account.

Ignore scammers and report criminal behavior. Report Social Security-related scams to the SSA Office of the Inspector General (OIG).

Visit www.ssa.gov/scam for more information and follow SSA OIG on Facebook, Twitter, and LinkedIn to stay up to date on the latest scam tactics. Repost #SlamtheScam information on social media to keep your friends and family safe.
 

When you think about estate planning, the first thing that comes to mind is writing a will.  While a will is important, there’s more that’s needed to protect your future.  To be clear, the will does allow you to control how your assets are distributed after you pass away. If you didn’t have one, your assets and property would simply be distributed in an action carried out by the state.  Your wishes or what you “would have wanted” is simply irrelevant to the state without a formal will in place. A will is also critical when you have minor children. The terms of your will can give you control over how your children are raised should you and your spouse pass away. In your will, you can name a trusted person to serve as a guardian, meaning someone who will raise and care for your children when you cannot.  Without making a will, a court decides who raises your children; a decision that could potentially appoint a person you never would have selected yourself.
 
Having a will is definitely important, however, there are limitations to what a will can do by itself.  Fortunately, other estate planning documents can fill in the gaps.  For example, having a General Durable Power of Attorney (sometimes referred to as a POA) and Advanced Medical Directive will ensure that you retain some control over what is done on your behalf if you become incapacitated. Each of these documents empowers one or more individuals to make decisions about your assets or medical care when you are unable. Having these documents in place allows you to choose who you want to handle your affairs, rather than having a court make that decision for you, which could lead to the appointment of someone you would not have chosen for yourself.
 
Additionally, many bank accounts, life insurance policies, annuities, retirement accounts like IRAs and 401(k)s, and jointly-owned property allow you to use a beneficiary designation, instead of a will, to determine how the assets will be distributed. Many IRS rulings and court cases have concluded that the owner’s statements and intent in his or her will do not matter if they contradict what was written on the beneficiary designation form. This is why it’s also important to review your beneficiary designations periodically to ensure they reflect your wishes now, and not what you wanted when, for example, you opened the account 20 years ago.
 
Another estate planning tool families can utilize to provide a greater level of flexibility in how their future is managed is a trust.  There are different kinds of trusts that can be established for your needs.  For example, a revocable living trust can allow your estate to avoid probate entirely—and the public scrutiny that accompanies it.  Trusts can also protect your assets against creditors and other threats while protecting your heirs’ inheritances against creditors, predators, remarriage, and even their own poor decisions if they are not yet mature enough to handle an inheritance on their own.
 
As you can see, a will helps you accomplish important goals, but additional estate planning tools and strategies are available to protect you and your loved ones both after you pass away and in the event of disability while you are still alive.
 
To kick off the new year right, it’s a good idea to meet with an experienced estate planning attorney like Ms. Hepler at Collins & Hepler, PLC to discuss your own situation.
 

November was designated as National Long-Term Care Awareness Month by the American Association for Long-Term Care Assistance (ALTCP) in 2001. Their purpose is to create awareness of nursing homes in the area and provide information to the elderly so that they might explore this choice once they reach the age of 65. As no one is getting any younger, it is clearly important to have a plan ready for the nearing future.
 
Long-Term Care Awareness Month is all about planning ahead, having a strategy, and alleviating some of the burden placed on family members. Long-term care is a family affair, as the majority of caregivers are family members. Providing long-term care services for a loved one is expensive, stressful, and emotional.
 
As we approach the beginning of the holiday season, families will be gathering and sitting around tables, reminiscing and discussing future plans. While not everyone will need LTC insurance, we know everyone needs a plan.
 
Some facts and figures: 

• 70% of men and women over the age of 65 will need some kind of long-term care services.
• 14 million Americans currently require LTC support services.
• 27 million Americans will require these same support services by 2050.

                                            -American Association for Long Term Care Insurance (AALTCI)
 

The goal of the ALTCP is to raise awareness to help Americans realize the importance of planning for long term care early since it is common to lack a sense of urgency in planning for their future care needs. ALTCP also wishes to instill the necessity of preparing for long-term care considering that it is very costly. This is the best time of year to reach out to your loved ones who may be putting off long term care planning and, in the process, placing their savings and families at risk.
 
Use #LongTermCareAwarenessMonth to post on social media to raise awareness about long-term care and acknowledge anyone you know that is or has been a caregiver. The more we understand the emotional, physical, and economic toll that long-term care can take on loved ones, the more we can prepare for our own futures, so we don’t become a burden to the people we love the most.
 
For further reading:  November is Long Term Care Awareness Month: 50 Long Term Care Statistics Everyone Should Know (2018) | ALTCP.org
 
If you would like more information about this topic, please call the office at (540) 962-6181 to schedule an appointment with Jeanne Hepler. Ms. Hepler is a member of the National Academy of Elder Law Attorneys, the Virginia Academy of Elder Law Attorneys, and has been named one of Virginia's "Go To" Lawyers for Elder Law by the Virginia Lawyers Weekly, 2021.   

The recent study was conducted by Northwestern University’s Feinberg School of Medicine in Chicago, in collaboration with the Institute for Therapy through the Arts (ITA).  This study was different because it targeted patients with dementia and their caregivers, said lead study author Dr. Borna Bonakdarpour.  Most prior studies using music for dementia patients have focused only on the patients. 

“Patients were able to connect with partners through music, a connection that was not available to them verbally,” said Bonakdarpour, an associate professor of neurology at Northwestern University Feinberg School of Medicine and a Northwestern Medicine neurologist. “The family and friends of people with dementia also are affected by it. It’s painful for them when they can’t connect with a loved one. When language is no longer possible, music gives them a bridge to each other.”

The study was published Aug. 25 in Alzheimer Disease and Associated Disorders.

Musical memory, processing not as affected by Alzheimer’s

Music memories often remain in the brain even as language and other memories disappear in dementia, Bonakdarpour said. This is because regions of the brain that are involved in musical memory and processing (e.g., the cerebellum) are not as affected by Alzheimer’s or dementia until much later in the disease course. Thus, patients can retain the ability to dance and sing long after their ability to talk has diminished. 
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According to the Alzheimer’s Association, more than 6 million people in the United States have Alzheimer’s disease. 
 

​ You heard that right!
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On August 16, 2022, in an effort to make them more affordable and available to more Americans, the Food and Drug Administration (FDA) finalized a ruling that will allow hearing aids to be sold over the counter without a prescription to adults.  Wow, it is a long-sought wish come true for people frustrated by expensive exams and devices!

Around 37.5 million American adults have some trouble hearing, according to the National Institutes of Health. But the FDA estimates that only one-fifth of people who could potentially benefit from a hearing aid use one, per the AP.  The high cost of hearing aids, which are not covered by basic Medicare, has prevented millions of Americans from buying them. Under the FDA’s new rule, people with mild to moderate hearing loss should be able to buy hearing aids online and in retail stores as soon as October, without being required to see a doctor for an exam to get a prescription.  “The requirement to see a specialist was not only a burden and an annoyance for many consumers but it actually created a competitive barrier to entry,” Brian Deese, a White House economics adviser, tells the AP.  By eliminating the requirement for an examination and prescription, federal officials estimate the ruling could save people $2,800 on a pair of hearing aids, writes the New York Times’ Christina Jewett.
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This could mean a reduction in having to say “Could you repeat that?”

​Alleghany-Bath Highland Bar Association (ABH Bar) will host a Senior Law Day on Wednesday, August 10, 2022, from 10am to 2:45pm at the Mountain Gateway Community College (the former Dabney S. Lancaster Community College) in Clifton Forge, Virginia.  The event is free to the public, including a free lunch provided by Cucci’s Pizzeria for all registered attendees. 

Senior Law Day has been held annually in the community for over ten years.  This informative program has been organized to provide valuable legal knowledge to seniors and their families.  In just a few hours, attendees will receive free, trustworthy and useful information and gain access to resources on a wide range of issues that are important to seniors but often difficult to address. 

Topics include:  Estate Planning, Guardianships, Role of Commissioner of Accounts in Estates and Guardianships Grandparents’ Rights, Scams, Medicare and Social Security, Veterans’ Rights, Nursing Home Issues, Paying for Long Term Care, and Funeral Planning. 

Attorney Jeanne M. Hepler of Collins & Hepler, PLC will be one of the presenters at this event. 

Additionally, Lewis Gale Hospital – Alleghany will provide free blood pressure and glucose screenings!
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For more information, or to register, please call the law office of William T. Wilson at 540-962-7551.   

We hope you have a safe and happy Memorial Day Weekend!  As a reminder, our offices will be closed on Monday, May 30, 2022.  We will be available on Tuesday, May 31, 2022, in the unfortunate event that you need our help with holiday-related traffic incidents.  This holiday weekend typically experiences more drivers on the road, which can lead to more traffic issues.  Police also tend to increase patrols during this time.  Be careful, relax, take your time, and enjoy the scenery of the uniquely Alleghany Highlands!

Mark your calendar for May 7, 2022!  The tour, entitled “STILL STANDING: Brownsburg’s Slave Houses,” will feature five sites in the Brownsburg, Virginia area.  Each site will have docents who will speak to visitors about the architecture of the slave houses as well as the people who lived there.  Collins & Hepler’s very own Jeanne Hepler will be there acting as a docent to answer questions for the visitors at the Oakbourne building. 
The tour will begin starting at 10:00am at the Brownsburg Museum, 2716 Brownsburg Tpke, Brownsburg, VA 24415, where visitors will pick up an information brochure with a map to the various sites.  The hours of the tour are from 10:00am to 4:00pm.  Visitors will be able to learn more about the enslaved people’s lives and their contributions to the community. The tour has received acclaim by several state-wide organizations as well as area historical societies.  Slave houses can be toured for free thanks to area sponsors, including Collins & Hepler, PLC.

What is a Power of Attorney?

It is a legal document that designates an individual to make decisions on your behalf in case you cannot make choices for yourself. The individual is your personal agent: someone who acts in your best interests if you are unable to for whatever reason. A Power of Attorney gives your agent certain abilities, like handling your finances, filing your taxes, or making medical decisions for you.

That sounds like a lot of power. When would I need a Power of Attorney?

There are different powers of attorneys for different circumstances and for different lengths of time. You could need a power of attorney if you decide to live overseas for a few years, if you become incarcerated, if you fall into a coma, if you become affected by dementia, or a host of other financial or healthcare-related reasons. A Power of Attorney generally comes into play when you become incapacitated.
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Okay, that could be helpful. Why do I need a Power of Attorney?

Everyone should establish a power of attorney. Anyone can become incapacitated at any time, but it is especially important for seniors to set up a power of attorney before they become physically or mentally incapacitated. That way, you can ensure that someone will get your estate and your affairs in order. Otherwise, if you become incapacitated without a POA in place, then no one can handle your affairs until someone pays a lawyer to go to court and be appointed your guardian and conservator. So not only do you risk leaving your affairs in limbo, but you also risk not being able to choose the person who handles those affairs.


A Power of Attorney is very valuable because it appoints a spouse, child, loved one, attorney, or friend to can handle your estate, health, and finances if you become unable to do so yourself, rather than wait for the worst to happen without having a plan in place.