36 THE QUEENS COURIER • HEALTH • JULY 4, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
health
Elder Law Minute TM
Using Trusts To Provide For Your Four-Legged Friends
BY RONALD A. FATOULLAH, ESQ.
AND DEBBY ROSENFELD, ESQ.
ELDER LAW
Promoting Memory and Aging
Th e following is an amalgamation about
the many residents I cared for in my sixty
plus years as a Registered Professional
Nurse while working in the long term care
arena. Residents were forever dealing with
dementia and the growing frustration of
their inability to remember the right words
to explain their feelings, or recognizing
their surroundings.
Mr. Jones, a once active 76 year old resident
now living in an assisted living facility,
began missing meals and skipping
activities. Friends, family and staff were
concerned.
Since his admission six months previously
with arthritis, chronic obstructive
pulmonary disease and early dementia,
he has been mobile and active and has
kept his apartment clean. His room is now
unkempt and he has become argumentative
when questioned by staff . In consultation
with his daughter, the staff learned
that Mr. Jones (an alias) has become
increasingly embarrassed by diffi culties
in remembering his daily routine, as well
as the names of friends and favorite staff
members.
In facilities that care for residents with
dementia, similar scenarios are not unusual.
However, each case is individual and
thorough testing becomes necessary before
any treatment plan is devised.
Whether the memory defi cit is a result of
Alzheimer’s or another type of dementia,
treatment should enable the aff ected individual
to reach a more comfortable level of
functioning and a happier outlook on life.
Strategies that are utilized for the individual
with a memory defi cit must be resident
specifi c and should be based on the
level and type of dementia involved, since
changes in memory aff ect all aspects of the
resident’s physical, psychological and emotional
functioning.
In order to facilitate independence,
socialization, feelings of pride and dignity
vs. frustration and avoidance, creating personalized
techniques are required that may
include the following:
1) Memory Books that provide daily
reminders of activities (i.e.: routines,
schedules, doctor appointments, exercise
classes, meal time).
2) Daily Activity Logs that help to recall
the day’s events which can assist with a
moderate memory loss.
3) Planning Calendars that aid in planning
activities, visits, community outings.
4) Personalized Boxes that provide a
place to keep treasured items and other
objects (i.e.: wallets, coin purses, photos,
a watch).
Th ere are also adaptation techniques.
Many times the individual’s environment
can be modifi ed to stimulate memory.
Examples include:
labeling hygiene and grooming objects;
labeling walkways with brightly colored
illuminated feet and/or tape which aid
recall of the path from one location to
another;
reducing stimulating levels of sound for
those who are easily frightened or distracted,
and that may help focus the resident’s
attention and improve their ability
to remember tasks or people and reduce
behavioral outbursts.
By the end of a several week intervention
with Mr. Jones, I observed a change for the
better in his mentation. He was still diagnosed
with dementia, that was not about to
change, but his disposition toward his surroundings
began looking better. He began
attending meals regularly without assistance
or reminders. He was a regular at his
favorite activities. His room was kept clean
with the aid of minimal assistance from
the staff . He found someone to socialize
with, without any behavioral outbursts or
frustration.
Mr. Jones, of course, is a composite
example of the many residents I cared for,
however, he represents the kind of person
who resides in our nation’s facilities,
regardless of whether it is skilled nursing
or assisted living.
Promoting memory retention is becoming
popular particularly in facilities that
have begun employing the memory unit
concept where promotion of positive stimulating
programs are becoming accessible.
Th ese programs allow the individual
with dementia the opportunity to exist
and embrace the daily pleasantries off ered.
My closing remarks are somewhat philosophical
with regards to the resident with
dementia.
Th is is an individual with special needs.
Since life as he once lived it is no longer
possible or available, we therefore have
to learn to appreciate his experiences and
Dr. Sheldon Ornstein is a
registered professional nurse
with a doctoral degree in
nursing organization. He
has specialized in the care
of older adults and has
published many articles on
the subject. He has done
post-graduate work in gerontology
and has taught
at several universities. In
2013, he was inducted into
the Nursing Hall of Fame at
Teachers College, Columbia
University.
how his uniqueness is expressed in either
successful or unsuccessful undertakings.
Life is not just memory and cognition,
but also of the senses. Caring for this kind
of person with this disease takes intense
commitment. Finding the key to each
person’s private space where hope can
be understood is essential or as the poet,
Emily Dickinson declares:
“Hope is the thing with feathers
Th at perches in the soul,
And sings the tune without the words,
And never stops at all.”
Th e techniques I have been discussing
can also be applied to any individual
with dementia who is living at home with
the assistance of a caregiver and/or family
member, as well as residing in a facility.
Sheldon Ornstein Ed.D, RN, LNHA
Many of our articles focus on caring and
providing for our loved ones. We refer to all
family members: husbands, wives, grandparents,
children, etc. and we cover an array
of topics including preserving our assets for
the people we love, planning for the future
and avoiding probate. Something that is
oft en forgotten is how dear pets are to their
owners. As of 2012, Th e Humane Society
estimated that 62 percent of American
households included at least one pet. Many
people have come to view their pet as much
more than an animal to care for; the pet
becomes a member of the family.
New York, like most states, permits pet
owners to establish trust funds for their
pets. A pet owner can create a pet trust
during the owner’s life or plan for the establishment
of the trust aft er his or her death.
Currently, there are two main types of pet
trusts: traditional and statutory. In a traditional
pet trust, the pet owner has the ability
to create a full-fl edged trust. A traditional
pet trust should be draft ed by a lawyer.
With this type of trust, the owner can
dictate all of the specifi cs relating to the care
of his/her pet including, but not limited to,
who should be the caregiver, what expenses
should be paid for, and what should happen
to the pet and the assets in the trust aft er
the pet’s death.
In at least 47 states, there is also the
option of establishing a statutory pet trust.
New York State’s statutory pet trust provision
is codifi ed in Section 7-8.1 of the
Estates, Powers and Trusts Law. In a statutory
pet trust, the owner of the pet simply
states in his or her will that he/she is leaving
money in a trust for his/her pet. Th is
creates a very simple trust that does not
include any direction as to how the money
should be spent. Rather, state law fi lls in the
gaps and the provision is considered eff ective.
Th e benefi t of a statutory trust is that
it is relatively inexpensive. Merely mentioning
one’s pet in a will is not enough to
ensure that funds will be applied to the pet’s
care. Pet owners must, at a minimum, state
in their wills that they are leaving money in
trust for their pet.
While a pet owner may only have one
animal at a time, the owner may have several
animals by the time of his or her death.
It is therefore advisable not to mention pet
names specifi cally so that the trust does not
have to be amended every time a pet joins
the family. Th e trust may indicate that it
covers “any animals owned by me at the
time of my death.” Since it is impermissible
for the trust to be overfunded, the creator of
the trust should only provide for enough in
funds to cover the anticipated needs of the
animals in question.
Th ere are a few options as to what type of
trust to establish. A pet trust may be established
in the owner’s last will and testament.
Th is is referred to as a “testamentary trust.”
A testamentary trust is not funded until the
person dies and his or her will goes through
the probate process. Th e testator (the person
writing the will) should therefore informally
appoint someone who is going to care
for the pet and lay out funds for such care
until the probate process is completed.
A pet trust can also be established during
the lifetime of the pet owner, with or without
funds being deposited. If funds are not
deposited, the person creating the trust (the
grantor) can designate the trust as benefi
ciary of a bank or brokerage account so
the trust can be immediately funded by
the account upon death. If a trust is created
during the lifetime of the pet owner, it is
possible to avoid the probate process when
the owner dies.
If a trust is established during the lifetime
of the pet owner, the person’s will can also
designate that some assets “pour over” into
the trust upon the owner’s death.
Finally, naming the right people in the
roles of caretaker of the animal(s), alternative
caretakers, trustee, and alternative
trustees is an important decision for the
pet owner. Th e trustee and caretaker can
be the same person, which makes it easier
to expend funds for the care of the animal.
However, pet owners should consider designating
separate individuals for each role
as this can be a mechanism for the trustee
and caretaker to provide checks and balances
on each other, ensuring that the trust
assets are spent appropriately and the animal
is taken care of as the pet owner intended.
A pet owner may also consider providing
very specifi c care instructions for the
animal, as the pet owner knows the intimate
care needs of his or her pet.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates, a
law fi rm that concentrates in elder law,
estate planning, Medicaid planning, guardianships,
estate administration, trusts, wills,
and real estate. Debby Rosenfeld, Esq. is a
senior attorney of the fi rm. Th e law fi rm
can be reached at 718-261-1700, 516-466-
4422, or toll free at 1-877-ELDER-LAW or
1-877-ESTATES. Mr. Fatoullah is also a
partner of Advice Period, a wealth management
fi rm, and he can be reached at 424-
256-7273.
RONALD FATOULLAH
ESQ, CELA*
/WWW.QNS.COM
