Dennis Hopper was already fighting against advanced prostate cancer. Now the 73-year-old actor is turning up the heat in his battle against his wife, 41-year-old Victoria. He filed for divorce in January, and according to published reports, the key factor is his will.

Victoria is a 25% beneficiary under Hopper's will. But, in the case of divorce, the couple's prenuptial agreement says that she gets nothing. And that's the sole motivating factor behind the divorce, according to Victoria. She blames his three children from a prior marriage and says that Dennis is not making rational decisions, due in large part to the medication he's taking.

In other words, she says it's all about the estate planning.

And it's hard to argue with that point. Dennis Hopper's lawyer was in court last week, seeking a restraining order against Victoria to keep her away from him. His attorney filed a doctor's report saying that his estranged wife is hampering his recovery. The doctor feels that the less he sees of her, the better.

Why? According to papers filed in the divorce proceeding, Dennis says that she's after his will. Dennis claims that in November, Victoria's mother told him he should change the will and leave everything to Victoria, because he was going to die soon. Dennis also says his wife and mother-in-law would wake him in the middle of the night and badger him about his will.

So, yes, it seems the divorce is all about the estate planning.

But who is the bad guy here? Is it Victoria, a scheming gold-digger after his money? Dennis says so. He feels he gave her every luxury he could, which of course only made her want more.

Or are Dennis' children the bad actors? Are they taking advantage of their father in a weakened state to cut his wife out, so they can get more? Or is it Dennis himself? Victoria says he threatened to kill her, and she found a loaded handgun and shotgun in her bedroom, despite the fact they were living with their six-year-old daughter.

According to Dennis Hopper's doctor, he's perfectly capable of making his own decisions and is in fine mental health. It seems like the Judge agrees, because the divorce is going full-steam ahead. Dennis got his restraining order a few days ago.

So, it looks like Dennis and his children will get their wish, and Victoria will get cut out of the will. Unless he succumbs to his battle with cancer first, that is.

The really sad part of this saga isn't that it's happening to the Hopper family. Rather, to me, the really tragic part is that this type of family drama is far too common. Families often place aging or disabled seniors in the middle of a tug-of-war over money, especially in second marriage situations. Do you think people stoop to this level only when millions of dollars are involved?

No! In this economy especially, I see families act just as ruthlessly over $100,000, or even less. Too many people see sickness and death as a financial opportunity. And that's the real tragedy.

There is some hope. A well-crafted estate plan, from an experienced estate planning attorney, is a good start. And a vigilant family who protects aging or dying loved ones from unsavory sorts is a must.

The problem is that spotting the true gold-digger isn't always easy. Sometimes it's a new spouse or girlfriend. Sometimes, it's the children from a prior marriage. Other times, it's a caregiver.

Regardless, anyone who thinks that this only happens in Hollywood--and that it can't happen to their family--needs to think again. Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law. You can email him at awmayoras @ brmmlaw.com.

by: Danielle Mayoras, Attorney and Director of Education of The Center for Special Needs Planning

A lot of articles explore Special Needs Trusts and the wonderful benefits that they provide to both parents and individuals with special needs who are on government benefits. When a parent leaves an inheritance over $2,000 to an individual with special needs, the inheritance is actually a gift to the government because it eliminates that child's qualification for government benefits. The use of a Special Needs Trust eliminates this disqualification because the inheritance is not left to the special needs individual, but rather to his or her trust. As a result, the individual maintains his or her government benefits and receives an inheritance. These trusts provide peace of mind to the parents and an additional fund for the individual with special needs. The Special Needs Trust answers questions, such as follows: "who will look after my loved one with special needs when I pass away?" and "how will my loved one's extras be paid after I pass away?"

This article, however, goes beyond the basic Special Needs Trust and also focuses on the planning for an individual with special needs from mid life and beyond. In addition to the general concerns that parents of special needs children have, parents also worry about the long term care costs of their special needs loved ones. Specifically, what if the individual with special needs outlives his or her parent and needs long term care? What if the parents are not around to provide the long term care? How will the long term care costs be paid?

The statistics show that it is likely that an individual with special needs will require some type of long term care. They are currently 1.2 million disabled Medicaid enrollees either receiving acute care or long term care. There are several different long term care options including home care, assisted living, adult foster care, and nursing homes. Each of these will be addressed separately below.

Home care is health and supportive care provided to an individual in their own home by a licensed medical professional. The advantages of home care are obvious - your loved one receives care in the comfort of their own home. This ensures more privacy for your special needs loved one and also allows the family to better monitor the quality of health care that their special needs loved one is receiving.

Assisted living facilities are a middle ground between home care and nursing home care. Typically residents of assisted living facilities require help with their activities of daily living, but do not need skilled nursing home care. The advantages of receiving care in an assisted living facility are clear - the environment is more residential and less restrictive with a greater emphasis on privacy and autonomy.

With the average hourly rate for home care at $19.18 per hour, and the average cost of assisted living at nearly $40,000.00 per year, receiving care in these environments will be cost prohibitive for most families. Some long term care alternatives to these high costs are Adult Foster Care and nursing homes.

Adult Foster Care (AFC) is a licensed, sheltered living arrangement for adults with special needs who are unable to live alone. AFC homes provide five basic services: room, board, supervision, protection, and household services (laundry, cleaning, etc). Additionally, adult foster care homes may provide the following services:

1. Assistance with dressing, personal hygiene, and/or eating;
2. Transportation to appointments, senior centers, shopping, or activities;
3. Medication reminders of administration; and
4. Assistance with money management.
Typically there is a minimum room and board payment made to providers per month, which is set by the State. This amount is typically equal to the monthly income that the adult with special needs receives in governmental benefits. Adult foster care may be a cost-effective alternative to nursing homes or larger assisted-living facilities. For many special needs individuals who need long term care, Adult Foster Care is appropriate medically and financially is a good long term care option as well.

On the other hand, nursing care facilities are places of residence for people who require constant care and assistance with their activities of daily living. Residents include both the elderly and individuals with special needs. The numbers are startling - the average cost of nursing home care in the United States exceeds $77,000.00 per year and is expected to reach $190,000 per year in 2030. Furthermore, almost 56% of nursing home residents spend at least one year in the nursing home, with another almost 26% spending at least three years in the nursing home. Many parents wonder how their special needs loved one will be able to afford it.

One way is to qualify your adult child with special needs for Medicaid. Medicaid is a state administered program that pays for long term care costs if certain eligibility requirements are met. Although this is a Federal program, each state has its own guidelines regarding eligibility and services. Therefore, it is critical to consult with a special needs attorney who is familiar with the specialized Medicaid laws in the state where your loved one resides.

Certain requirements must be met to qualify for Medicaid. These may include your age, whether you are disabled, blind, or aged; your income and resources; whether you are a United States citizen or a lawfully admitted immigrant. The rules for counting your income and resources vary from state to state and from group to group. There are special rules for those who live in nursing homes and for disabled children living at home.

A single individual who resides in a nursing home may own certain assets, which Medicaid views as exempt assets, and still qualify for Medicaid. For example, in the State of Michigan, those exempt assets for Medicaid eligibility are as follows:

1. Home (with certain restrictions);
2. Car;
3. Personal Property;
4. Burial Blot and Burial Space items;
5. Funeral Contract worth up to $11,450.00;
6. Life Insurance with face value of $1,500.00;
7. $2,000 in cash assets;
8. Assets that are in a Special Needs Trust, an OBRA Trust or a Pooled Income Trust; and
9. Immediate Annuity.
All other assets are countable and an adult child with special needs will not be Medicaid eligible until those assets are spent down or converted into one of the above exempt assets.

You can ensure that your child with special needs qualifies for Medicaid upon your death by planning ahead. By completing a full estate plan, parents are able to place the adult child's portion of their inheritance into a Special Needs Trust. This trust allows the adult child to maintain government benefits as the Trust is an exempt asset under Medicaid guidelines. When the parents create their own estate plan, their revocable living trust will provide the inheritance, for the benefit of their special needs child, be funneled into the Special Needs Trust

The Special Needs Trust has a trustee, who is responsible for administering the trust and ensuring that the adult child's needs are met. Assets in a trust of this nature are not countable and in the event that the child requires long term care and needs to qualify for Medicaid, these trust assets will be preserved for the adult child's benefit. A trust of this nature can be used for most any item the adult child may need with the exception of food and shelter. For example, the trustee can purchase clothing, an automobile, electronic equipment, furniture, fitness equipment, funeral expenses, vacation and travel costs, vocational programs, therapy, personal care items and much more. The trustee can also use the funds from the trust for non-reimbursed medical expenses.

While government agencies recognize Special Needs Trusts, there are strict rules and it is critical that you work with an experienced special needs attorney to draft the Trust. We have reviewed countless Special Needs Trusts that do not comply with Social Security Insurance and Medicaid Rules. If the funds are used for food or shelter, however, then there is the potential that the adult child's governmental benefits may be reduced or eliminated. With respect to shelter, your child can use the money to purchase a home, but cannot use the money for rent. In fact, one wrong word or phrase can make the difference between an inheritance that benefits your child and one that causes your child to lose the many services, assistance, and benefits available.

In the event that the parents pass away without having the proper estate planning in place, there are still planning strategies that can be implemented to preserve the inheritance of the adult child with special needs allowing the adult child to maintain or qualify for government benefits. The inheritance can be placed into an OBRA Disability Payback Trust or into a Pooled Income Trust. These trusts provide the same protections as the above discussed special needs trust with one important difference - both of these trusts have a provision that require the assets to be used for specific purposes after the death of the adult child with special needs. The OBRA Trust requires that in the event there are any funds remaining in the trust at the death of the adult child with special needs, Medicaid is paid back for any services rendered up to the full amount of assets in the trust. The Pooled Income Trust, which is run by a non profit organization, requires that the organization be the remainder beneficiary of the trust.

Something else to keep in mind is the possibility of your special needs loved one executing Durable Powers of Attorney. If your adult child with special needs is competent, then he or she can execute Durable Powers of Attorney. There are two types of Durable Power of Attorney: Financial Durable Power of Attorney and Medical Durable Power of Attorney/Patient Advocate Designation. By executing a Financial Durable Power of Attorney, your child appoints an attorney-in-fact to handle his or her financial affairs in the event that he or she is physically or mentally unable to do so. For example, this may include banking, real estate, signing tax returns, hiring and firing agents, and commencing litigation.

The Medical Durable Power of Attorney/Patient Advocate Designation addresses all of your loved one=s medical decisions including, residential placement, surgery and treatment, and daily medical decisions. If your adult child with special needs is able to execute Durable Powers of Attorney, this will generally eliminate the need to go through the probate court system to obtain a guardianship or conservatorship. These documents cannot be executed by your child until he or she is an adult and is 18 years of age. As probate court can be expensive (legal fees and court costs), burdensome (annual report requirements and multiple trips to court), and time consuming, it is highly advisable that if your adult child with special needs has the requisite capacity to execute legal documents that they do so. Most importantly, he or she would be able to maintain control of his or her financial and medical decisions.

We know that every parent=s greatest worry is what will happen to their special needs loved one after they are gone. With the proper planning, there are government programs that can ensure that your adult child with special needs receives long term care after you are gone and receives an inheritance from you that does not disqualify them from government benefits. Estate planning is always important to do; however, when one of the beneficiaries is a special needs loved one, the planning becomes critical.

It is important to note that the laws are constantly changing and it is vital that parents concerned about special needs planning consult with an expert. If you would like more information, a referral to an attorney to assist you, or training and workshops on this topic, you can contact The Center for Special Needs Planning at 1-877-PLAN-758. You can also subscribe to our monthly e-letter at www.thecenterforspecialneedsplanning.com to keep current on the laws.

This article provides general information concerning a variety of legal topics. It is not intended to be a legal opinion and should not be relied upon as legal advice. Legal advice should not be given without investigation of your particular circumstances.



Plundered by her own children? Feud rages over estate

It's a she said, she said on wealthy, elderly mom's missing money
BY DAVID ASHENFELTER FREE PRESS STAFF WRITER

Francine Stanton Cohen says she knew there would be trouble when her 94-year-old mother entrusted her financial affairs to Cohen's two youngest sisters in 2007.

In the months that followed, Cohen said, her sisters persuaded their mother to add their names to her bank accounts."They've been ripping through her money ever since," Cohen, 71, a retired schoolteacher, said last week.

On Dec. 8, a Wayne County probate judge jailed one of the daughters, Janice Stanton Hines, 58, a City of Houston disaster relief coordinator, for refusing to return most of the $789,288 she withdrew from her mother's accounts in 2008 -- and used to buy $150,000 worth of gold coins and ingots that have since vanished.

The case highlights legal perils families face as Michigan's population ages and a growing number of older parents can no longer manage their affairs.

Judges and legal experts said they're seeing more family fights play out in the courts partly because of Michigan's poor economy and high unemployment. They said the case underscores the importance of carefully choosing the person to handle your affairs.

Her story, her mother's money

Hardly anyone believes Hines' account about how she obtained and disposed of more than a half-million dollars of her mother's money.

Not the judges who have reviewed the case, nor the lawyers who are trying to recover the missing loot.

"I think the money is hidden somewhere, but I don't know where and neither does anyone else," said Royal Oak attorney Steven Geller, whom Wayne County Probate Judge David Szymanski appointed last year to try to recover the loot.

Geller and others say they believe Hines, with the help of her daughter Akwokwo Redhead, 36, of Atlanta, looted the estate of M. Louise Stanton, a 94-year-old retired Detroit schoolteacher and widow of a successful Detroit pool hall and storefront owner. They think the money is hidden in an offshore bank account.

"It's pretty obvious that Janice Hines and her daughter are lying," Geller said.

Hines and Redhead, a $90,000-a-year research scientist, insisted in sworn depositions last year they are telling the truth.

Hines, who has been in Wayne County Jail for the past seven weeks for disobeying Szymanski's order to return the money, said by phone Friday: "If I had the money, don't you think I would have returned it?" Besides her problems in Michigan, she is being sued in Houston, where she works, by her mother's estate.

As for Redhead: "The only comment I have is that it's unfortunate, in 2010, that my mom can't get due process in the State of Michigan."

Choose who you trust wisely

She moved in with her daughters after falling and breaking her hips in 2005 and 2007, lawyers for Stanton's estate say. Stanton's estate contends she added her daughters' names to her bank accounts so they could pay her bills while she recuperated. She also gave them power of attorney over her affairs.

Legal experts said the incident is a cautionary tale about what can happen when people pick the wrong person to handle their affairs.

Michigan judges and lawyers say they're seeing more family brawls in probate court as children jockey with siblings and other relatives for control of their parents' assets in the aftermath of the recession.

"People are fighting more, we're seeing more contested cases, and we're spending more time mediating family feuds," said Milton Mack, chief judge of Wayne County Probate Court. He said he referees such disputes almost daily.

Mack and others said picking the wrong person to handle your affairs is a prescription for having your estate plundered. By the time the case winds up in probate court, if it ever does, there often is little the court can do to get the money back. So, whether creating a comprehensive estate plan or putting a child's name on a house or bank account, they said it's critical to choose wisely.

"Clients sometimes make the mistake of wanting to choose the child that lives the closest, or the oldest child to handle their affairs, instead of thinking about who they really trust to make decisions on their behalf," said Danielle Mayoras, a Troy estate lawyer and coauthor of the 2009 book "Trial & Heirs: Famous Fortune Fights." Even then, there's no guarantee they'll do the right thing, she said.

"Clients sometimes make the mistake of wanting to choose the child that lives the closest, or the oldest child to handle their affairs, instead of thinking about who they really trust to make decisions on their behalf," said Danielle Mayoras, a Troy estate lawyer and coauthor of the 2009 book "Trial & Heirs: Famous Fortune Fights." Even then, there's no guarantee they'll do the right thing, she said.

"Given the aging of our society and the downturn in the economy, there needs to be a more aggressive posture by law enforcement to prosecute these cases and send a message to offenders," he said.

The $363,281 bag

In last year's deposition, Hines, 58, who also is a lawyer, said her mother gave her permission to withdraw $789,288 from Stanton's accounts in October 2008.

Hines said that, as a co-signatory on the accounts with her sister Cynthia Grant Brown, she had the legal right to take the money.
"They were my funds," she said in the deposition. "I could put them anywhere I wanted to put them. ... Anybody who was a signer on the account could use moneys out of the account."

After withdrawing the money, Hines said she bought $149,281 worth of gold -- two 2-pound ingots and 117 gold coins -- which she gave to Redhead in a duffel bag in Washington during President Barack Obama's January 2009 inauguration.

The bag also contained $214,000 in cash, she said.

Vanishing gold


Redhead, in her deposition in the Texas lawsuit, said she returned to Atlanta with the bag and hid its contents in a closet and pantry. She said she spent the cash in six months on such things as a $60,000 time-share retreat in the Dominican Republic.

The gold disappeared in August, she testified.

"We've looked all over the house," Redhead told estate lawyer James Plummer. "Maybe it got misplaced. ... My son might have thrown it away."

Plummer, expressing disbelief that her 2-year-old son was capable of throwing away gold coins and ingots, replied: "Now, you're blaming your kids? That's amazing."

Redhead didn't report the loss to the police or her insurance company.
The explanations haven't gotten much traction in Wayne County Probate Court.

On Dec. 8, Szymanski jailed Hines for contempt for refusing to return the money. Hines earlier returned $285,889 to the estate, leaving a shortfall of about $500,000.

"I think it's very conniving and suspicious that you took that money," Szymanski told Hines, admonishing her for violating her fiduciary duties to her mother. "You're trying to cover up some stuff here."

In late December, Wayne County Circuit Judge Robert Colombo Jr. upheld the jailing, saying he didn't believe the women.

On Jan. 13, Circuit Judge Prentis Edwards also refused to free her. Hines' lawyer, Charles Murphy of Birmingham, said: "It's a miscarriage of justice for her to be held in Wayne County Jail under the circumstances of the case."

Murphy said Szymanski should have delayed jailing Hines until she had a lawyer, and until the judge had determined whether Hines' mother gave her the money.

Szymanski has set a Feb. 5 hearing to decide whether Hines or her sister Brown misused the accounts.

Sibling rivalry

Hines contends Brown, 61, a retired insurance company trainer, withdrew at least $127,000 for her own use. Hines said Brown was willing to overlook what Hines had done if Hines had given her a cut.
Brown disputes that and insisted that any money she spent was solely for her mother's care.

Brown declined to comment to the Free Press.

Her lawyer, Denise Hudson of Detroit, said: "She was shocked by what happened and she's conflicted. She loves her sister, but she has a duty to get back what belongs to her mother."

A third sister, Francine Stanton Cohen, 71, a retired Detroit teacher, says both sisters are unfit to handle their mother's affairs. But Szymanski declined to put her and her son in charge of Stanton's affairs.

A fourth sister, Constance Stanton Molette of Nashville, Tenn., told Szymanski in a letter last year that Cohen is interested in only their mother's money, which Cohen denies.

Although the incident put a major dent in Stanton's retirement funds, court records show she is getting by on nearly $3,000 a month in Social Security and her pension. She's living with Brown in Detroit.

Geller, meanwhile, said Hines controls her fate: "All she needs to do is give back the money."

Contact DAVID ASHENFELTER: dashenfelter@freepress.com Avoiding estate fights

Here are tips that Troy lawyers Andrew and Danielle Mayoras offer for avoiding battles over your estate. They wrote a book, "Trial & Heirs: Famous Fortune Fights," (published by Wise Circle Books, $19.95, available at www.trialandheirs.com) to help people avoid mistakes in estate planning.

•Get expert advice: Consider consulting an estate lawyer who will know the ins and outs of estate planning. It's usually money well spent.

• Beware of joint accounts: When you add someone else's name to your accounts, they usually can remove money even without a durable power of attorney.

• Consider a springing power of attorney: Your attorney can draft the power of attorney so that it takes effect only when you are found to be incompetent.

• Choose wisely: You should designate individuals to act on your behalf that you trust the most, not merely the oldest child or the closest relative.

• Have checks and balances: Talk with your attorney about designating more than one person. But to avoid fights, consider having a tie-breaker, or majority vote.

• Select someone to monitor your accounts: You can give another family member, or even a trusted adviser, the ability to monitor your accounts, such as Internet banking, to make sure that your assets are protected.

When Elder Care Brings Back Sibling Tensions

Source:By Francine Russo, TIME, Monday, Feb. 1, 2010

When my mother's health was failing, I was the "bad" sister who lived far away and wasn't involved. My sister helped my parents. She never asked me to do anything, and I didn't volunteer. I was widowed, raising kids and working, but that wasn't really why I kept to weekly calls and short, infrequent visits. I was stuck in my adolescent role as the aloof achiever, defending myself from my judgmental mother and other family craziness. As always, I deflected my sister's digs about my not being around more — and I didn't hear her rising desperation. It wasn't until my mom's funeral, watching my dad and sister cling to each other and weep, that I got a hint of their long ordeal — and how badly I'd screwed up.

My sister was so furious, she barely spoke to me during my father's last years. Honest, I'm not a terrible person. So how did I get it so wrong? (See how to prevent illness at any age.)

We hear a lot about the costs of taking care of our graying population. But the big story roiling beneath the surface is the psychological crisis among middle-aged siblings who are fuming or fighting over issues involving their aging parents. According to a new survey by the AARP- and MetLife-funded National Alliance for Caregiving, an estimated 43.5 million adults in the U.S. are looking after an older relative or friend. Of these, 43% said they did not feel they had a choice in this role. And although 7 in 10 said another unpaid caregiver had provided help in the past year, only 1 in 10 said the burden was split equally.

As siblings who are often separated geographically and emotionally, we are having to come together to decide such thorny issues as where Mom and Dad should live and where they should be buried. "It's like being put down with your siblings in the center of a nuclear reactor and being told, 'Figure it out,' " says University of Colorado geropsychologist Sara Honn Qualls. (Comment on this story below.)

Eldercare and end-of-life debates often hit families after decades of negotiating nothing more serious than where to spend Thanksgiving. We can be grownups with successful careers and kids of our own, yet all the old stuff ambushes us: sibling rivalry, entrenched roles and resentments, the way our family talked or didn't talk about important things.

One two-year study of married women caring for parents with dementia found that siblings were not only the greatest source of help to these caregivers but also the biggest source of interpersonal stress. (See questions about retirement and medicare.)

Friction often stems from parents giving their children different information about how they're doing. Mom may put on a good show for the out-of-towner, who then discounts what the local sibling says. Annie Groeber, 43, a freelance media producer, used to pop up from Washington to see her mother, who would make light of her many health problems. So until Groeber moved to Baltimore to help out more, she had trouble believing what her sister said about their mother's deteriorating condition or the personality changes caused by her medications. "Tracey would say, 'You have no idea what this is like,'" Groeber recalls. "Within a couple of weeks of my moving, I said to her, 'You're right. I had no idea.' "

Not all siblings fight, and some become closer during their parents' twilight years. The Hiatts have managed this period better than most. After years of talks with their five far-flung kids, in 2002 the parents moved from Boise, Idaho, to an assisted-living facility in Eugene, Ore., 10 minutes from Jeanne Walker, the daughter who has had the best relationship with their (often difficult) mother. At 59, Walker works part time as a nurse. Her older brother helps out twice a week, and their three siblings, who live in other states, spend their vacations on parent duty. When their mom complains unrelentingly, Walker calls her siblings to vent. "It makes a difference to me to feel I have their support," she says. (See the top 10 medical breakthroughs of 2009.) Research shows that emotional support for caregivers is critical to their well-being and to family harmony. Too often, anger on one side leads to guilt and defensiveness on the other, resulting in sibling gridlock. Sometimes a therapist or clergyperson needs to referee family meetings. For status updates, Patricia Mulvey, a geriatric-care manager in New York, favors simultaneous e-mails. "That way," she says, "Susie won't hear it before Joey, and that can reduce tension."

As for me, I became more present for my father in his last years. After he died, I apologized to my sister. And so, in our imperfect way, we remain "family" and sometimes even laugh over a childhood memory that, now that our parents are gone, we are the only people on earth who share.

You Are Married With an Estate Worth Less Than $3.5 Million

There won’t be any federal estate tax hit if you die today, and there would not have been one had you died last year. We can only hope the same will be true if you die next year. In any case, you don’t need any tax-saving estate plan right now. But if your plan was set up several years ago, I recommend checking in with your estate planning pro to make sure your house is still in order. You don’t need to run. You can walk.

Russo, a contributor to TIME since 1999, is the author of the new book They're Your Parents, Too! How Siblings Can Survive Their Parents' Aging Without Driving Each Other Crazy (Bantam; 304 pages)

Nutritional drink, imaging show promise for Alzheimer's

Aource: By Elizabeth Landau, CNN STORY HIGHLIGHTS

• One of the features of a brain with Alzheimer's disease may be loss of synapses
• Souvenaid is a drink with nutrients that scientists believe restore synapses
• Kind of MRI called diffusion tensor imaging may pick up signs of Alzheimer's
• Too early to tell whether this would be an effective way to diagnose Alzheimer's


Doctors are already good at diagnosing Alzheimer's disease in a patient with obvious symptoms, which include memory loss, vision problems and confusion. But the cutting-edge research is looking for the brain mechanisms of the condition at its earliest stages, maximizing the potential for intervention.

Two studies published this week that may help pave the way for better treatments for people with Alzheimer's, which affects as many as 5.3 million Americans, according to the Alzheimer's Association. One is a drink that you may one day be able to pick up at the pharmacy; the other is a detection method.

Drink to your health?



One of the features of a brain with Alzheimer's disease is the loss of synapses, which are junctions between two neurons or between a neuron and a muscle. Research suggests some connection between low numbers of synapses in a person's brain and Alzheimer's symptoms such as memory impairment and language deterioration.

Scientists have developed a drink called Souvenaid that is a "medical food," meaning it's taken under the guidance of a physician to manage a specific condition. The drink has three components -- uridine, choline, and the omega-3 fatty acid DHA -- that, working together, help restore synapses, said Dr. Richard Wurtman, professor at the Massachusetts Institute of Technology and co-author of the study. Uridine is a molecule used in the genetic coding for RNA, choline is in the vitamin B family, and DHA is found in certain fish and fish oils.

These nutrients are already found in the human body and have been shown to be safe, he said. But taking a supplement of any one of them will not have the same beneficial effect, he said. Together in the right proportions, the cocktail increases the production of fatty constituents and proteins needed for synapses.

The study looked at 225 patients who had mild Alzheimer's, according to an examination. Some took Souvenaid, and the control group participants received a non-medical drink, once a day for 12 weeks.

They found that patients showed significant improvement in the delayed verbal recall task, in which participants were asked to remember what they had been told earlier. The idea is that the formation of synapses delays the symptoms of Alzheimer's, but it is not a cure, experts said.

"There was a clear difference. The difference was greatest in people with very mild but quite real Alzheimer's," he said.

The product may be commercialized as early as next year, Nigel Hughes, general manager of Nutricia America. Nutricia is a unit of the international food giant Danone (Dannon in the United States), for which Wurtman is also a consultant.



There are other clinical studies of Souvenaid going on of 500 participants each, and the company plans to do an "early experience program" of selling the product in a small geographic area in the United States, having it available in pharmacies, he said.

Although the product has been shown to be safe, there is no evidence whatsoever that it should be taken by anyone who does not have mild or early stage Alzheimer's disease, Hughes said.

Early Alzheimer's patients drinking the combination of these nutrients is akin to pregnant women taking folic acid supplements, Wurtman said. It's not that they are deficient in these nutrients, but the addition of more of them carries benefits, he said.

Yian Gu, postdoctoral researcher in neurology at Columbia University Medical Center, who studies the relationship between diet and Alzheimer's, said the study looks promising if the claims of memory improvement hold up, but noted that further research should be done to confirm those results. There should also be comparisons with nutritional supplements currently available on the market, such as multivitamins and fish oil, Gu said.

There were also cognitive and memory tasks that the drink did not seem to improve, according to the study, and the researchers should look further into what other improvements can be seen besides the verbal recall finding, Gu said.


The study is published in the journal Alzheimer's & Dementia.

Scanning for the earliest signs



While the Souvenaid study focused on the loss of synapses as the mechanism behind Alzheimer's symptoms, an Italian group is working on identifying a different marker of the condition.



In a study published in the journal Neurology, researchers showed that a kind of MRI called diffusion tensor imaging may pick up signs of Alzheimer's in healthy elderly individuals.

Lead author Dr. Giovanni Carlesimo, of Tor Vergata University and the Santa Lucia Foundation in Rome, Italy, said the findings are preliminary but could be useful for future drug therapies to target the specific brain changes shown on the scan.

Researchers looked at the hippocampus, the brain structure associated with memory. They found that the mean diffusivity of the hippocampus -- a measure of how water is distributed within the tissues -- was correlated with how well participants performed on tests of verbal and visual-spatial memory.

The mean diffusivity in the hippocampus, as reflected in this brain scan, could represent some of the earliest structural changes that occur in the early stages of Alzheimer's, researchers say.

The research was done on 76 healthy people ages 20 to 80. The effect was most pronounced in the over-50-year-olds, the scientists reported.

The study is an important demonstration that MRI can be used to understand age-associated changes in the brain, said Adam Brickman, assistant professor of neuropsychology at Columbia University Medical Center.

But Brickman cautioned that this does not mean everyone should request this test.

"This might be something that will be useful down the road, but it's not diagnostic right now," he said.

Could Your Cell Phone Help Shield You From Alzheimer's?

In mouse study, exposure to electromagnetic field prevented and even reversed brain impairment

By Amanda Gardner HealthDay Reporter

WEDNESDAY, Jan. 6 (HealthDay News) -- Cell phone addicts of the world, listen up: Electromagnetic waves emanating from these ubiquitous gadgets may prevent or even reverse Alzheimer's disease, researchers say.

Normal mice who had long-term exposure to such electromagnetic waves avoided developing Alzheimer's, while mice who were already sick started getting better, scientists report in the Jan. 6 issue of the Journal of Alzheimer's Disease.

The findings were actually the opposite of what the researchers were expecting.

"You can imagine our surprise when we did our first memory assessment and they were actually better," said study author Gary Arendash, a research professor with the Florida Alzheimer's Disease Research Center, part of the University of South Florida in Tampa. "[And] we continued to see the beneficial effects in test after test, in group after group."

Although preliminary, the findings also raise the tantalizing possibility that exposing people to electromagnetic waves could stave off or treat the debilitating disorder, which currently affects 5.3 million people in the United States alone.

"This needs further study to figure out how well this carries over to other animals, but it does start making you think that maybe there's something to it," said Dr. Michael Palm, an assistant professor of neuroscience and experimental therapeutics and internal medicine at Texas A&M Health Science Center College of Medicine in College Station. "But I don't think we can quite jump to having people strap cell phones to their heads."

William Thies, chief medical and scientific officer at the Alzheimer's Association, agreed.

"This article is certainly no call to self-medicate by spending more time on your cell phone, especially in risky environments such as while driving," Thies said in a statement. "No one should feel they are being protected from Alzheimer's/dementia/cognitive decline by using their cell phones based on this study."



Thies believes the finding "needs to be replicated in animals before we begin to even consider trying it in people, as animal models of Alzheimer's and people with the disease are very different. Potential therapies that have been successful in mouse models of Alzheimer's have not worked in people."

Although various international health organizations have decided there are no health problems associated with cell phone-generated electromagnetic fields (EMFs), there's a paucity of data on the long-range effects of EMFs on the brain, the study authors noted.

And researchers are still trying to tease out any risks associated with regular cell phone use. For instance, one recent study found an association -- albeit a weak one -- between talking on the cell phone and brain tumors.

In the new study, the USF team exposed mice that were genetically engineered to have Alzheimer's disease to two one-hour sessions of high-frequency electromagnetic waves per day, for seven to nine months.

Healthy, younger mice exposed to the waves avoided developing Alzheimer's altogether, while older mice with Alzheimer's saw memory and other cognitive deficits improve, the researchers found.


Normal mice also developed better memory capacity after EMF exposure, the team noted.

Autopsies revealed that the waves had diminished the beta-amyloid protein plaques in the mouse brain -- plaques that are believed by many to cause Alzheimer's disease. The researchers hypothesized that an increase in brain temperature while being exposed to magnetic waves might be responsible for the change.

Autopsies revealed that the waves had diminished the beta-amyloid protein plaques in the mouse brain -- plaques that are believed by many to cause Alzheimer's disease. The researchers hypothesized that an increase in brain temperature while being exposed to magnetic waves might be responsible for the change.

"In the Alzheimer's mice, the cell phone exposure seems to have two effects that directly affect the disease process," Arendash explained. "One is that electromagnetic fields suppress the aggregation of the bad protein. If the newly formed bad protein, beta amyloid, can't form plaques, it's more likely to be removed from the brain into the blood."

The second possible method of action is that exposure increases brain cell activity which, again, could help flush bad proteins out of the brain, Arendash said.

While raising hopes, the small animal study does leave a slew of other questions unanswered, Palm said.

"The mouse model for Alzheimer's doesn't correlate exactly with what people have," he noted.

And scientists don't know how well cell phone-generated electromagnetic waves might penetrate the much thicker human skull, he added.

The researchers also didn't look at neurofibrillary tangles, another hallmark of the disease typically found in the brain tissue of Alzheimer's patients.

"Is this the whole picture or not?" Palm asked.

According to Arendash, the researchers next want to see if they can speed up any beneficial effects on the brain by changing the frequency or strength of the electromagnetic waves. Safety is also a big concern. And, of course, the findings need to be replicated in humans, he said.

More information

There's more on this condition at the Alzheimer's Association.

SOURCES: Gary Arendash, Ph.D., research professor, Florida Alzheimer's Disease Research Center, University of South Florida, Tampa; Michael Palm, M.D., assistant professor, neuroscience and experimental therapeutics and internal medicine, Texas A&M Health Science Center College of Medicine, College Station, Texas, and director, Parkinson's and Headache programs, Texas Brain and Spine Institute, Bryan, Texas; Jan. 6, 2010, news release, Alzheimer's Association; Jan. 6, 2010, Journal of Alzheimer's Disease Last Updated: Jan. 07, 2010 Copyright © 2010 ScoutNews, LLC. All rights reserved.

The Federal Estate Tax Is Dead: Now What?

Source: SmartMoney It's your money. Be Smart. January 7, 2010

Washington, we have a problem. You just let the federal estate tax expire and the citizens are confused. Nobody saw this coming, least of all me. Now that I’ve recovered from falling off my chair, let me explain how we got here and my take on what you may need to do (or not do) right now.

The Tax Was Programmed to Die This Year (and It Did), but the Story Is Not Over

Since 2001, the federal estate tax has always been scheduled to expire this year. But it was always a two-part story, because the tax is also scheduled to come roaring back with a vengeance in 2011 and beyond. In those years, estates worth as little as $1 million are lined up for a tax whipping. No informed person ever thought these two things would be allowed to happen because, taken together, they make no sense.

So we all sleepily assumed Congress would step in to continue the relatively generous (by historical standards) $3.5 million federal estate exemption we had in 2009. Some thought it might even get bumped up to $5 million or so.

No such luck. Our Congressional pals did nothing about the estate tax last year, and it could be months before they get around to tackling it this year. By then, the issue may be so contentious that all previous predictions about what might happen (from guys like me) get thrown out the window.

To sum up, we are now in a very strange place with no federal estate tax on those who happen to die this year and a confiscatory tax looming over those who happen to die later on. This bizarre situation will continue until the law gets changed, which I’m still pretty sure it will. Meanwhile, you want to know what to do today. Here’s my advice.

You Are Married With an Estate Worth Over $3.5 Million

If you fall into this rather well-off category, I hope you have already set up a tax-saving estate plan. If so, you should probably leave it alone unless you have one of the two problems I’m about to explain.



First, your existing plan may be horribly flawed if it calls for giving as much money as possible (rather than a specific dollar amount) to your kids and/or grandkids without triggering a federal estate tax bill, with the rest then going to your spouse. Last year, this plan would have directed $3.5 million to the kids, which presumably was fine by you. But with the federal estate tax currently missing in action, dying now would result in your spouse getting absolutely nothing. All your assets would go to the younger generations. If this is not what you intend, please run (don’t walk) to your estate planning pro and get the problem fixed. I think the common-sense solution is to stipulate that your spouse would get a specific dollar amount or percentage of your estate with the rest going to the youngsters. You may have to retool your plan later when Congress finally does whatever it does. Oh well. Cross that bridge when you come to it.

The second potential problem is much less serious, and you may decide to not even worry about it. Say your current estate plan calls for leaving the specific amount of $3.5 million to your kids and/or grandkids, with the rest then going to your spouse. Last year, this was a good plan. It avoided any federal estate tax hit by taking full advantage of last year’s $3.5 million exemption. As of today, however, you can leave as much as you want to the youngsters with no federal estate tax due. So if your existing plan gives your spouse more than he or she really needs, you can change the deal and leave more to the youngsters and less to your spouse. Once again, you may have to rework your plan when Congress finally takes action.

You Are Married With an Estate Worth Less Than $3.5 Million

There won’t be any federal estate tax hit if you die today, and there would not have been one had you died last year. We can only hope the same will be true if you die next year. In any case, you don’t need any tax-saving estate plan right now. But if your plan was set up several years ago, I recommend checking in with your estate planning pro to make sure your house is still in order. You don’t need to run. You can walk.

You Are Single With an Estate Worth Over $3.5 Million

Last year, you couldn’t leave over $3.5 million to loved ones without triggering a federal estate tax bill. So your existing plan might still call for your estate to make enough charitable donations to whittle its net worth down to $3.5 million before giving that amount to your loved ones. Since you can now leave an unlimited amount to loved ones with no federal estate tax due, you might want to make a change. Of course, you may have to revisit your plan after Congress makes its move.

Don’t Forget About State Estate Taxes

Yes Virginia, it’s not just the feds that charge estate taxes. So if you decide to update your plan because of the federal estate tax considerations I’ve mentioned here, make sure the changes don’t unnecessarily increase your exposure to the state tax collector. This is yet another good reason to visit your professional adviser pronto.

"The 6 Most Controversial Celebrity Wills: Michael Jackson, Leona Helmsley, Princess Diana and More"

Who got the money? Who had the biggest family feuds? The mistakes that were made — and what we can learn from them. Two legal experts in estate planning and the authors of Trial & Heirs have the scoop. Click here to read the full article from wowOwow.

New Medicare Law Change May Enable People to Get "Extra Help" Paying for Drug Costs

A change in the Medicare law should make it easier for many Americans with lower income to obtain extra help in paying for their Medicare prescription drugs.

Source Timothy L. Takacs, elder law attorney, Hendersonville, Tennessee
The extra help program currently provides assistance to more than nine million senior and disabled Americans -- saving them an average of almost $4,000 a year on their Medicare prescription drug plan costs. To apply for extra help, there is an easy-to-use online application available at www.socialsecurity.gov/extrahelp.

The Social Security Administration and Chubby Checker, the rock and roll legend, launched a new campaign to inform millions of Americans about a new “twist” in the law that makes it easier to qualify for extra help with Medicare prescription drug costs.

To qualify for extra help, people must meet certain resource and income limits. The new Medicare law eases those requirements in two ways.

First, it eliminates the cash value of life insurance from counting as a resource.

Second, it eliminates the assistance people receive from others to pay for household expenses, such as food, rent, mortgage or utilities, from counting as income.

There also is another important “twist” in the law. The application for extra help can now start the application process for Medicare Savings Programs -- state programs that provide help with other Medicare costs. These programs help pay Medicare Part B (medical insurance) premiums. For some people, the Medicare Savings Programs also pay Medicare Part A (hospital insurance) premiums, if any, and Part A and B deductibles and co-payments.

Anyone who has Medicare can get Medicare Part D prescription drug coverage. Some people with limited income and resources are eligible for Extra Help to pay for the costs–monthly premiums, annual deductibles, and prescription co-payments–related to a Medicare prescription drug plan. To qualify for Extra Help:
- You must reside in one of the 50 states or the District of Columbia.

- Your resources must be limited to $12,510 for an individual or $25,010 for a married couple living together. Resources include such things as bank accounts, stocks, and bonds. The extra help program does not count your house and car as resources; and

- Your annual income must be limited to $16,245 for an individual or $21,855 for a married couple living together. Even if your annual income is higher, you still may be able to get some help. Some examples where your income may be higher are if you or your spouse:

- Support other family members who live with you;

- Have earnings from work; or

- Live in Alaska or Hawaii.

Putting IRA Withdrawals Back Into Your Account

The IRS recently extended the period during which you can put 2009 required minimum distributions back into an IRA without tax consequences. By Kimberly Lankford, Contributing Editor, Kiplinger's Personal Finance October 26, 2009
I know that required minimum distributions from IRAs have been suspended for 2009, but I had automatically received my regular IRA payments in a lump sum at the beginning of the year. Can I put the money back into the account so I can avoid paying taxes on it? And what do I need to do about my 2010 withdrawals?

Yes, you can put at least some of the money back into the account if you act quickly. And that could be a good idea if you don’t need the money now and want to avoid paying taxes on the distribution this year.

The IRS recently extended the period during which you can put 2009 required minimum distributions back into an IRA without tax consequences. Originally, you had only 60 days after receiving the money to put it back into the account. But now you have until November 30 or 60 days from the time you withdraw the money, whichever is later, to return 2009 RMD money to the account.

To make it easy to keep track of the time limit, brokerage firm Fidelity is telling customers that if they took RMDs from January 1 to October 1, 2009, they will have until November 30 to roll the money back in. But if they took the withdrawals from October 2 to December 31, they have 60 days to return the distribution.

There is a catch: You are allowed to put one IRA withdrawal back into the account within 365 days. So if you received regular distributions every month, for example, then you can put only one of the withdrawals back in. If you received the RMD money in a lump sum, however, then you can put it all back into the account.

If you had any taxes withheld from the distribution, then you’ll need to put that money back into the account, too; otherwise the amount withheld will be considered a distribution and will be taxed as ordinary income..

For more information about the rules for putting IRA withdrawals back into your account, see the IRS Notice about the new guidance. For more about 2009 RMDs in general, see Who Has to Take an IRA Distribution in ’09 and Wise Moves for a Year With No RMDs. Also see A Break in ’09 for Withdrawals From Inherited IRAs for special rules about putting the money back into an inherited IRA. It puts the remaining children in the position of potentially having to prove their parents didn't intend to cut them out of their estate, and could present gift-tax issues for the child who gets it all, experts said.

Another option: Because you aren’t required to withdraw the money this year, you may want to roll some of it into a Roth IRA. You’ll have to pay taxes when you make the switch, but you can take tax-free withdrawals after five years, you never have to take required minimum
distributions, and you can create a tax-free inheritance for your heirs. You don’t need earned income to convert a traditional IRA to a Roth; your adjusted gross income just needs to be less than $100,000 in 2009. That income limit for conversions disappears in 2010. See The New Roth Rollover Rules Explained for more information about rolling over a traditional IRA to a Roth, including details about how to figure out the tax bill.

And you can still make a tax-free rollover from an IRA to a charity in 2009, too. See Making Charitable Contributions From an IRA for details.

Required minimum distributions will resume in 2010, so this is a key time to think about next year’s withdrawals. If you’d like to receive regular payments throughout the year, it’s important to let your IRA administrator know. Depending on how you stopped them for 2009, you may need to fill out new paperwork.

At Vanguard, for example, if you originally signed up for automatic RMDs but had the service suspended for 2009, you should have been offered the option to reestablish the automatic RMDs for 2010. Vanguard will send a RMD statement in January with the details. If you removed the RMD service entirely, you’ll need to sign up again to schedule your 2010 distributions.

"Trial & Heirs'" Top Five Tips to Avoid Common Estate Planning Mistakes!

WGN recently interviewed two partners of our firm, Andrew W. Mayoras and Danielle B. Mayoras, where they discussed "Trial & Heirs'" Top Five Tips on how to avoid some very common estate planning mistakes.

WGNtv Interview with Andrew W. Mayoras and Danielle B. Mayoras

For more interesting stories on celebrity estate battles and information on how to avoid making the same mistakes visit "Trial & Heirs: Famous Fortune Fights!"

Seeking the Best Medical Care Prices

Stuart Isett for The New York Times By WALECIA KONRAD Published: November 27, 2009

Health care consumers are encouraged to comparison-shop on things like doctor’s fees and heart surgery rates. But unfortunately, most of us have little clear or useful information to go shopping with.

“When you go to the doctor, how much you fork over when all is said and done is often just a mystery,” said Dr. Anthony P. Geraci, a Manhattan neurologist who is trying to buck that trend by posting his prices on his Web site.

With the growing number of uninsured people, the increase in high-deductible insurance plans and big jumps in co-payments, just about everybody is paying more out of pocket for health care nowadays. An estimated 15 percent of adults younger than 65 now pay with their own money medical costs greater than 5 percent of their annual household income, according to the Center for Studying Health System Change, a nonpartisan research group in Washington.

So the typical person is probably far more motivated to ask how much an M.R.I. or a hip replacement costs. And just as often, people are asking — or should be — “How can I get a better price?”

Take Katie Kyser, 30, the mother of a year-old daughter, who lives north of Seattle. She and her husband, Jason, who works in construction, recently moved from California. They have no health insurance, so they pay all costs out of pocket.

When Ms. Kyser needed a routine gynecological exam, she called a handful of local doctors, all of whom were charging $200 or more. “There’s no way we could pay that,” Ms. Kyser said. “I had to find another way.” .

" Having seen an ad for PriceDoc.com, a new Web site that lists doctors throughout the country who are willing to post their prices and negotiate with patients, she decided to try it. Ms. Kyser found a nearby clinic where doctors charged only $75 for the exam.

“I was a little nervous at first because the price was so cheap, but when I got there, it was wonderful,” Ms. Kyser said. “Everyone was so professional and helpful.”

The crucial part of shopping wisely for health care (or anything else for that matter) is comparing prices the way Ms. Kyser did.

But that is also where problems arise. Medical pricing is a quagmire, oozing with jargon and current procedural terminology codes. Just look, if you dare, at your latest “explanation of benefits” from your insurer.

What’s more, rarely is there one standard price for a medical treatment. Prices vary based on geography and type of provider — whether hospital, stand-alone clinic or any alternative.

Then, doctors, hospitals and other providers may negotiate different rates with different insurers. It is not unusual for a provider to have 10 or more different prices for the same procedure, depending on who is paying. Providers often charge a completely different rate for people paying on their own, which is almost always much more expensive than the discounted rate that insurers pay.

“It’s a challenge for consumers to sift through these different price structures,” said Ha T. Tu, senior health researcher at the Center for Studying Health System Change. And there is no one place to go for good information, she added.

Despite the challenges, here are several steps consumers can take to make health care shopping a bit more manageable:

CHECK WITH YOUR INSURER Many insurance companies have begun posting provider prices on their Web sites so enrollees can access cost information. These tools allow you to compare prices among network doctors (not all network doctors are paid the same) and check on the price of diagnostic tests and other treatments.

“This is especially helpful if you’re in a high-deductible plan,” said Ms. Tu, “because you can see how much you’ll pay out of pocket.”

USE THE INTERNET A few Web companies have tried to fill the price information gap online, all with varying approaches.

On PriceDoc.com, the site Ms. Kyser used, you plug in your ZIP code to find a list of providers in your area who have posted their prices. You can also plug in the price you’re willing to pay. Providers will then respond if they are willing to accept that price.

HealthcareBlueBook.com compiles prices paid for specific treatments and procedures in ZIP codes throughout the country, then lists what the site determines is a range of fair prices. Consumers can then use these ranges as a jumping-off point for negotiating with their providers, said Dr. Jeffrey Rice, the chief executive of the concern.

Dr. Rice tells the story of a woman in northern Ohio who had been quoted a price at a local hospital of $2,500 for an M.R.I. of her knee. When she looked up the test on the site, she found the fair price in that area was more like $500.

She went back to the hospital where she had been quoted the high price and started asking questions. The clerk told her it would be much less expensive if she went to the clinic down the street instead of the hospital. The woman followed that advice and paid $300 for her M.R.I.

Another Web site, OutOfPocket.com, combines price information that users send in to determine a going rate for specific health care costs throughout the country.

None of these sites are comprehensive, although all of them are easy to use and are expanding their listings. It’s worth taking a look to see if you can glean any useful information from them.

BROWSE STATE DATA If you’re checking out hospitals, you will want to see what information your state government offers. At least 33 states mandate that hospitals make their prices public, Ms. Tu says.

But there are caveats. Often, only the most expensive, nondiscounted prices are listed

Moreover, on most sites, costs are not bundled, so you may find the price of a general surgery, for example, but it would not include the surgeon’s or anesthesiologist’s fees.

Some states offer more information than others, points out Ms. Tu. Minnesota, for example, uses average prices for some procedures, and New Hampshire and Maine have some bundled prices. To see what information, if any, is available in your state, you can use the links on healthcarebluebook.com.

PICK UP THE PHONE “The most important thing to do if you’re looking for price information is call your doctor,” said Jonathan Weiner, professor of health policy and management at Johns Hopkins University.

“This is still an awkward discussion for most doctors,” Professor Weiner said. “But if you sit down and talk about money, it almost always leads to discounts, particularly for self-paid people.”

If your doctor balks at having this conversation, ask to speak to the office worker in charge of billing, who will know the prices your doctor charges and can at least estimate what you will be paying. Then, when you do collect price information, you can return to that person to negotiate a better price.

Sign in to Recommend More Articles in Health » A version of this article appeared in print on November 28, 2009, on page B5 of the New York edition.

New GPS Tracking Device Helps Elderly Live More Freely While Protected from Wandering

i-TAG along GPS uses global positioning satellites, features geofencing to establish electronic barrier

Nov. 11, 2009 – A major problem in the care of many elderly people, especially those with Alzheimer’s Disease, is to protect them from wandering. Many, for example, are lost every year who wander from their residence and forget the way back. New technology, however, is offering a promising solution – the i-TAG along GPS.

The small GPS tracking device can be used for many safety objectives like the tracking of children or teenagers, but the main objective - where there can be the largest impact - is the protection of our senior citizens with some form of dementia or Alzheimer's, according to Jenaro T. Centeno, Principal, i-TAG - Identity Solutions in St. Louis.

“Our GPS tracking device operates through global positioning satellites and has additional features such as live monitoring from any internet-enabled computer, geofencing to establish a perimeter, text and email alerts and an SOS call function,” Centeno says.

Approximately the size of a nine-volt battery, the GPS tracking device operates with a battery that lasts a week on average and is rechargeable, according to the company Website.

“I -T-A may be diminutive but it is the most intelligent, affordable personal GPS location product on the market,” says Centeno.

“It is tied to a very instinctive, easy-to-use web portal for device location. In addition, the device is so small, it can be placed on your children, pets, cars, bikes, or anything else you can imagine that needs to be located at a moment's notice.

Geofencing is one of the most touted features of the device. The i-tag-along GPS can be programmed with a geofence – an area in which the person wearing it can travel, but if they leave that area, an alert will be sent via text, email or voice.

“Programming the geofence is easily done on our web portal,” says Centeno. .

“So now if your loved one leaves the geofence, you will automatically receive an email, text message, or voice message on your designated phone line.



“An added advantage of our device is the ability to program one of the industry's first polygonal geofences. Polygonal geofences give you the ability to create multi-sided pathways to allow for non-circular paths like tracking your daughter’s path to and from school or tracking a patient with dementia and their typical path to a social event. Now this patient can still feel like they have some independence and you feel secure knowing that if they wander, you can find them.”

For institutions like Assisted Living Facilities, the geofence feature creates a safety net that allows you the option of offering a better quality of life with more independence while at the same time protecting your patients and providing peace of mind to both administrator and caregivers.

You can also log on at any time to check on the whereabouts of your loved one or you can view a report of their activities throughout the day, he adds.

In addition, the i-tag-along GPS is equipped with an SOS button, he says. “If your loved one becomes disoriented, All they would need to do is press the button which will send a message to your phone or email letting you know where they are and that they need help.

New evidence coming in the Michael Jackson Estate case

The Michael Jackson probate dispute between his mother and his two executors has been active since it started this summer. But it looks like it's about to really get heated up.

For starters, Katherine Jackson, Michael's mother and a primary beneficiary (along with his children and unnamed charities), has been challenging decisions made by co-executors John Branca and John McClain on a regular basis. She had asked for, and received, permission from the judge to allow her to challenge them based on conflict of interest and undue influence without jeopardizing her rights as a beneficiary under the "no contest clause" of Jackson's will and trust.

A "no contest clause" is a common provision than many people use in their wills and trusts to discourage family fighting. It usually says that anyone who files a legal challenge and loses gives up their inheritance. Katherine Jackson wanted to be free to challenge Branca and McClain without fear of losing her inheritance, and the judge allowed her to do so.

So far, her challenge have been limited to objecting to certain decisions they make (such as the many business deals they've entered into on behalf of the Jackson Estate) and asking the judge to reduce their legal authority. The judge so far has allowed them to keep control and make decisions, including entering into business deals and deal with creditors without his approval, as long as Katherine didn't object. He also recently reiterated that Katherine Jackson is be kept informed.

But it seems this isn't enough for Katherine. Instead, she seems ready to ramp up her efforts. Just a couple days ago, Katherine replaced her legal team with a new attorney, who has handled celebrity probate battles in the Anna Nicole Smith, Marlon Brando and James Brown cases.

One of the other attorneys representing Katherine says that this new probate lawyer was brought in because of "new evidence". This evidence must be important, for he also said, "The case is now moving in a different direction".

So what is the new evidence? Cnn.com and TMZ both said the new evidence questions the authenticity of Michael Jackson's signature on the will. Family members said that he was in New York when the will was supposed to have been signed, meaning he couldn't possibly have signed it.

" What do you think? You can read Michael Jackson's will here and see his signature for yourself. Disputes over celebrity wills, trusts and estates can make for interesting reading. But they can also be very helpul for those who don't want their families to end up the same way. Don't let your heirs suffer from the same celebrity planning errors that happen time and time again. Visit TrialAndHeirs.com to learn more how to use these celebrity stories to protect your family.

Source: Posted by: Author and probate attorney Andrew W. Mayoras, co-author of Trial & Heirs: Famous Fortune Fights! and co-founder and shareholder of The Center for Probate Litigation and The Center for Elder Law in metro-Detroit, Michigan, which concentrate in probate litigation, estate planning, and elder law. You can email him at awmayoras@brmmlaw.com.

Advocates: NYC Astor case a win on financial abuse Comments

(AP Photo/Serge J-F. Levy, File) FILE - In this May 1, 1997 file photo, the late socialite and philanthropist Brooke Astor is seen in New York. Senior citizens' advocates say New York City philanthropist Brooke Astor is a poster child for an insidious kind of financial crime. But they and legal experts say the convictions of her son and a lawyer for exploiting her mental decline to raid her $200 million estate show that such prosecutions can succeed.

NEW YORK (Map, News) - To senior citizens' advocates, Brooke Astor is a Park Avenue poster child for an insidious kind of financial crime. They kept close tabs as the late philanthropist's son and a lawyer were tried on charges of exploiting her mental decline to raid her nearly $200 million fortune. An article on the AARP's news Web site called it "the most infamous case of financial elder abuse in recent memory."

Advocates and legal experts saw last week's convictions as a high-wattage signal that such cases, often seen as difficult to prosecute, can succeed - even if few others spur a five-month-long big money trial with boldface names.

"To lose this kind of case would have sent a very discouraging signal" to prosecutors pursuing elder abuse cases, said Thomas L. Hafemeister, a University of Virginia law professor who specializes in financial exploitation of the elderly.

There have been plenty of prominent court fights over claims that elderly millionaires were manipulated into parting with money. J. Seward Johnson Sr.'s children accused his third wife - and former chambermaid - of browbeating the dying drug company heir into leaving her nearly all his $500 million fortune; the 16-week trial in 1986 ended with a settlement giving the children and an oceanographic institute about $160 million. Former Playboy Playmate Anna Nicole Smith's inheritance tussle with her oil-tycoon husband's son reached all the way to the U.S. Supreme Court but continues years after both she and the son died.

But these and many other fortune feuds played out in civil courts - not in criminal cases carrying the prospect of prison time, which Astor's 85-year-old son now faces.

Criminal cases in which ailing elderly people are conned by identity theft, real estate scams or light-fingered caregivers are fairly common, although few are as extensive as the Astor case - where prosecutors used thousands of pages of documents and called dozens of witnesses ranging from Henry Kissinger to household helpers.

Some prosecutors focus on scenarios involving physical harm. Others are reluctant to take on cases that can be blurred by family loyalties and disputes, said Catherine T. Wettlaufer, a Buffalo estates lawyer.

The cases also can be hard to prove. While there may be a financial paper trail, the victims often are unable to testify or unwilling to take the stand against a relative or needed caretaker.

Prosecutors then have to prove they know what the victim intended - a task often complicated by a victim's failing mind, said Andrew Mayoras, a Michigan lawyer and co-author of "Trial & Heirs: Famous Fortune Fights!," due out next month.
< The question becomes: "How do you get into somebody's head - someone with dementia?" he said. Manhattan prosecutors called more than 70 witnesses to illuminate Astor's mental state in the years leading up to her death in 2007 at age 105.

Jurors heard that the Alzheimer's disease-stricken socialite signed a letter giving her son $5 million on a day she didn't know where she was. That she was afraid of her shadow and didn't recognize people she had known for decades. That she referred to her son, Anthony Marshall, at times as her husband and "the man who wants to kill me."

The Manhattan District Attorney's office, which declined to comment on the case, took some criticism during the trial for the lengthy presentation. But the testimony on Astor's decline, especially from her doctors, made an impression on juror Barbara Tomanelli. "We started to feel very sorry for Mrs. Astor's condition," she said after the trial.

Defense lawyers, who plan to appeal, also strove to peer into Astor's brain, highlighting some of her letters and remarks to argue that she was lucid at points - including when she signed changes to her will that gave her son control of millions that had been destined for her favorite charities.

The defense also emphasized that Marshall had legal authority to give himself gifts as he managed his mother's money. "It appears that the jury may have held Tony to a stricter standard of spending than his mother did," defense lawyer John Cuti said. Marshall and lawyer Francis X. Morrissey Jr. are due to be sentenced in December; Marshall faces at least a year in prison and up to 25 years for 14 counts including grand larceny. While prosecutions of such cases may be rare, authorities can intervene in other ways.

Connecticut Attorney General Richard Blumenthal stepped in after a Greenwich woman agreed - while hospitalized a month before her death - to sell her house for less than half its $1.2 million estimated value to her neighbor and her accountant. A probate judge ruled in July that the house must be sold at market value. The proceeds will go to eight charities named in Mona Lee Johnson's will.

A lawyer for the neighbor and accountant didn't return calls Friday. Blumenthal said his office investigates several such cases a year. "The Astor case is this phenomenon writ large or at the extreme - but also, maybe not," he said in an interview Friday. "It just involves bigger numbers or bigger celebrities."

Soure: Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Attend the 3 week Comfort for Caregivers Telesummit for FREE!

Starting in November for three weeks you have the golden opportunity to attend the Comfort for Caregivers Telesummit at no *cost* to you

Are you caring for a loved one... Perhaps you're a long distance caregiver... Or you are caring for someone in your home... Providing support for someone still living at home or in a care center...

Then you are in good company. There are more than 50 million family caregivers in America providing care to loved ones with chronic conditions or disabilities.

Dr. Lois Reid and Suzanne Holman are both currently caregivers to their parents and decided to honor ALL caregivers during National Caregivers Month this November.

Lois Reid, EdD, owner of Top of Your Game Coaching, is the sole caregiver for her mother and father. She understands the trials and tribulations as well as the joy of being a family caregiver. She transitioned from positions as a college administrator and adjunct faculty member to now working with small business owners who want to play at the top of their game in business and life.

Suzanne Holman, MAEd supports business women who are facing family medical challenges to keep their bodies, brains and businesses as healthy as possible. Before creating her coaching business, she was an educator of psychology, technology and fitness.Suzanne's elderly mother lives in a nearby Alzheimer's Care Center.

Suzanne and Lois have brought together well over a dozen experts focusing on the many aspects of the caregiving process to create the Comfort for Caregivers TeleSummit!

It’s a fr.e.e event with live interview calls that you can attend via a phone conference line or via an audio webcast on the internet. That option eliminates any long distance charges. You also have the opportunity to type in comments to Suzanne and Lois so that they can ask the featured expert your personal questions.

There is also an option available if you are interested in having the mp3s or CDs for listening to the interviews anytime you would like.

Don’t miss this unique opportunity for a personal connection with these experts and a time to get your questions answered!

Register now for your f.r.e.e ticket:

http://caregiverstelesummit.com/blog/danielle

Here you’ll find comfort in learning what you need to know from these experts so that you can feel more confident in your decision making for your loved one’s care.

You’ll learn ways that you can nurture yourself for your own self-care so that you can be strong and available to those who need your support.

Who are these experts?

Check out this list and think of all you can learn from them!
Dr.Bernie Siegel - widely known physician and author of Love, Medicine and Miracles

Barbara E. Friesner - The Country’s Leading Generational Coach, Host of “Age Wise Living” radio talk show on VoiceAmerica.com
Adela Rubio - coach, teacher, entrepreneur, energetic transformationalist

Katana Abbott - former financial planner, founder and vision coach of Smart Women's Coaching

Dr. Michelle May - recovered yo-yo dieter, author of Am I Hungry? and Eat What You Love, Love What You Eat

Natalie Tucker Miller, IAC-CC - founder of literary genre Picture Books for Elders™, works with families and caregivers

Danielle B. Mayoras - renowned elder law and estate planning attorney. Educator, Credentialed Professional Gerontologist and co-author of "Trial & Heirs: Famous Fortune Fights!

Julie Jordan Scott - global teacher of writing and creativity, lifelong caregiver, passionate writer

Amy McKinley - advocacy expert experienced in politics, opinion research, and fundraising, and devoted to her amazing son with special need

Ruth Klein, M.S. - marketing, sales and business success strategist, author of the best-selling Time Management Secrets for Working Women

Ellen Britt, EdD - former physician assistant, wellness coach, writer and internet marketing guru with a particular emphasis on teleseminars
Babara McVicker - author of Stuck in the Middle: Shared Stories and Tips for Caregiving Your Elderly Parents, short stories by caregivers and a practical guide with tip lists.

Joy Loverde - author of the best seller, The Complete Eldercare Planner: Where to Start, Questions to Ask, How to Find Help (Times Books)

Starr Clo-oy - counselor, radio host, speaker, and coauthor of The Caring Caregivers Guide to Dealing with Guilt, And Hospice Care at Home: A guide to caring for your dying loved one at home

Elaine Sanchez - professional speaker, editor of her mother’s letters into the book, Letters from Madelyn, Chronicles of a Caregiver

There you have it! Lois and Suzanne's custom blend of just the right speakers to educate your mind and comfort your soul...

To take advantage of this invitation to tap into the wisdom and knowledge of these amazing people, get registered for your NO-COST life changing telesummit ticket here:

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Estate Planning Can Save Headaches for Heirs

Living on less than you expected in retirement? That's no reason to skip estate planning.

While smaller retirement portfolios may not call for costly trust arrangements, they still need attention, said Ronni Davidowitz, an estate attorney with Katten Muchin Rosenman in New York.
Some states, for example, impose estate taxes, often with exemption limits lower than the federal government's, or have cumbersome and expensive probate processes, said Davidowitz. Regardless of how small your estate, cover these bases:
A will or a trust? A will is a legal document for the transfer of your property after death, names someone to manage the estate and sometimes names guardians for minor children. A will typically goes through probate, the court process that disperses assets.
A revocable trust lets you transfer assets into it and avoid probate.
Do you need both? Not always, said Dennis Sandoval, director of education for the American Academy of Estate Planning Attorneys. But a trust will save your heirs the time and cost of probate, which can be considerable, he said.
You can go with just a trust, Sandoval said, if all assets are transferred to it. Otherwise, not having a will would be a problem, he said.
Blending families: Avoid bequeathing specific assets to specific heirs based on today's market values, attorneys said. Sandoval said more families are crafting trusts that allot income to spouses, but switches most of the control to adult children if the spouse remarries.
Joint accounts: Older people often name an adult child as a joint holder on certain assets as a way for the child to more easily pay bills or pass on assets. Often, those parents expect the child to naturally share the account with their siblings when both have died.
This is a mistake, said Andrew Mayoras, a Troy, Mich., estate attorney and co-author of "Trial & Heirs: Famous Fortune Fights!" which documents celebrity missteps in estate planning. It puts the remaining children in the position of potentially having to prove their parents didn't intend to cut them out of their estate, and could present gift-tax issues for the child who gets it all, experts said. Have a retirement question? Write to yourmoney@tribune.com, or via mail at Your Money, Chicago Tribune, Room 400, 435 N. Michigan Ave., Chicago, IL 60611.

Solving Your Greatest Worry

Top Ten Tips on How To Keep Your Legal Affairs in Order.

Tolkien Estate Settles Lawsuit over Movie Proceeds

Marketing of Reverse Mortgages Lacks Adequate Consumer Protections, GAO Warns

The Cost of Feuding Families:
What Happens When The Family Can't Get Along?

New Data Added to Government's Hospital Compare Website that is Already Booming

Interesting Reading: George Washington's Will Included Arbitration Clause

Theft and Exploitation of Assets

• Sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money,
• The inclusion of additional names on a bank signature card; unauthorized withdrawal of the elder's funds using the elder's ATM card;
• Abrupt changes in a will or other financial documents;
• Unexplained disappearance of funds or valuable possessions;
• Substandard care being provided or bills unpaid despite the availability of adequate financial resources;
• Discovery of an elder's signature being forged for financial transactions or for the titles of his/her possessions;
• Sudden appearance of previously uninvolved relatives claiming their rights to an elder's affairs and possessions;
• Unexplained sudden transfer of assets to a family member or someone outside the family;
• The provision of services that are not necessary; and
• An elder's report of financial exploitation.

Zero Percent Capital Gain, Is It True? Yes, It's True!

Coming Soon: Five-Star Rating System for Nursing Homes

Exercise 'slows down Alzheimer's'

Guardianship & Conservatorship Disputes

Senior Citizens that Bring Companions to Medical Visits are More Satisfied with Care

Companions are a valuable quality of care resource that could enhance the experience for millions of vulnerable Americans

• 38.6 percent of participants reported regularly being accompanied to medical visits
• Companions included spouses (53.3 percent); adult children (31.9 percent); other relatives (6.8 percent); roommates, friends or neighbors (5.2 percent); non-relatives (2.8 percent); or nurses, nurse aides or legal or financial officers (less than 1 percent)
• 63.8 percent of companions helped with communication, including 44.1 percent who recorded physician comments and instructions, 41.5 percent who communicated information about the patient's medical condition to the physician, 41 percent who asked questions, 29.7 percent who explained physician's instructions and 3.3 percent who translated the English language
• 28.4 percent of companions were reported to be present for company and moral support, 52.3 percent to assist with transportation, 16.6 percent to help schedule appointments and 8.4 percent to provide physical assistance

Drink More Red Wine - it is Good for You. Red Wine May Improve Heart Health in Old Age.

Senior Citizens Learning to Fall Like a Skydiver Can Reduce Hip Fractures by 70 Percent

Parachutist's landing best reduces hip impact whether you jumped from an airplane or tripped on a curb

What Happens When The Family Can't Get Along?

• Challenging a Power of Attorney or Patient Advocate Designation
• Guardianship & Conservatorship Disputes
• Theft and Loss of Assets
• Challenging Changes to a Joint Asset, Will or Trust

Medicare News: End-of-Life Options for Medicare Patients Detailed in New Regulation

• A requirement that patient needs be initially assessed within 48 hours of electing the hospice benefit. The rule also requires that a comprehensive assessment occur within five days of electing the hospice and that updated assessments be done at least every 15 days thereafter.
• A requirement that each patient receive a full drug profile that examines issues ranging from the effectiveness of current drug therapies to potential drug interactions to drug side effects. A treatment team will consult with a qualified individual, such as a pharmacist, to ensure that drugs meet the needs of every hospice patient.
• A provision allowing a hospice to contract with another Medicare-certified hospice for nursing, medical social services, and counseling services under extraordinary or other non-routine circumstances, including travel of a patient outside of the hospice's service area.
• Removal of a provision requiring an inpatient facility only providing respite care to have an RN on duty 24 hours a day. The patient's needs, acuity and plan of care will drive the nursing and staffing requirements.

Man's Best Friend: Study Shows Lonely Seniors Prefer Playtime With Pooch Over Human Interaction

Hidden Social Security Option

All You Need to Know about Identity Theft

• What are the steps I should take if I'm a victim of identity theft?
• What is a fraud alert?
• What is a credit freeze?
• What is an identity theft report?
• What do I do if the police only take reports about identity theft over the Internet or telephone?
• What do I do if the local police won't take a report?
• How do I prove that I'm an identity theft victim?
• Should I apply for a new Social Security number?

1. Place a fraud alert on your credit reports, and review your credit reports. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. Contact the toll-free fraud number of any of the three consumer reporting companies below to place a fraud alert on your credit report. You only need to contact one of the three companies to place an alert. The company you call is required to contact the other two, which will place an alert on their versions of your report, too. If you do not receive a confirmation from a company, you should contact that company directly to place a fraud alert.
   
   Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374-0241
   
   Experian: 1-888-EXPERIAN (397-3742); www.experian.com ; P.O. Box 9532, Allen, TX 75013
   
   TransUnion: 1-800-680-7289; www.transunion.com ; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790
   
   Once you place the fraud alert in your file, you're entitled to order one free copy of your credit report from each of the three consumer reporting companies, and, if you ask, only the last four digits of your Social Security number will appear on your credit reports. Once you get your credit reports, review them carefully. Look for inquiries from companies you haven't contacted, accounts you didn't open, and debts on your accounts that you can't explain. Check that information, like your Social Security number, address(es), name or initials, and employers are correct. If you find fraudulent or inaccurate information, get it removed. See Correcting Fraudulent Information in Credit Reports to learn how. When you correct your credit report, use an Identity Theft Report with a cover letter explaining your request, to get the fastest and most complete results.
   
   Continue to check your credit reports periodically, especially for the first year after you discover the identity theft, to make sure no new fraudulent activity has occurred.
   
   
2. Close the accounts that you know, or believe, have been tampered with or opened fraudulently.
   
   Call and speak with someone in the security or fraud department of each company. Follow up in writing, and include copies (NOT originals) of supporting documents. It's important to notify credit card companies and banks in writing. Send your letters by certified mail, return receipt requested, so you can document what the company received and when. Keep a file of your correspondence and enclosures.
   
   When you open new accounts, use new Personal Identification Numbers (PINs) and passwords. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your Social Security number or your phone number, or a series of consecutive numbers.
   
   If the identity thief has made charges or debits on your accounts, or has fraudulently opened accounts, ask the company for the forms to dispute those transactions:
   
   
   • For charges and debits on existing accounts, ask the representative to send you the company's fraud dispute forms. If the company doesn't have special forms, use the sample letter to dispute the fraudulent charges or debits. In either case, write to the company at the address given for "billing inquiries," NOT the address for sending your payments.
     
     
   • For new unauthorized accounts, you can either file a dispute directly with the company or file a report with the police and provide a copy, called an "Identity Theft Report," to the company.
     
     
     • If you want to file a dispute directly with the company, and do not want to file a report with the police, ask if the company accepts the FTC's ID Theft Affidavit (PDF, 56 KB). If it does not, ask the representative to send you the company's fraud dispute forms.
       
       
     • However, filing a report with the police and then providing the company with an Identity Theft Report will give you greater protection. For example, if the company has already reported these unauthorized accounts or debts on your credit report, an Identity Theft Report will require them to stop reporting that fraudulent information. Use the cover letter to explain to the company the rights you have by using the Identity Theft Report. More information about getting and using an Identity Theft Report can be found here.
       
       
   Once you have resolved your identity theft dispute with the company, ask for a letter stating that the company has closed the disputed accounts and has discharged the fraudulent debts. This letter is your best proof if errors relating to this account reappear on your credit report or you are contacted again about the fraudulent debt.
   
   
3. File a complaint with the Federal Trade Commission.
   
   You can file a complaint with the FTC using the online complaint form; or call the FTC's Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261; or write Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580. Be sure to call the Hotline to update your complaint if you have any additional information or problems.
   
   By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials across the nation track down identity thieves and stop them. The FTC can refer victims' complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws the agency enforces.
   
   Additionally, you can provide a printed copy of your online Complaint form to the police to incorporate into their police report. The printed FTC ID Theft Complaint, in conjunction with the police report, can constitute an Identity Theft Report and entitle you to certain protections. This Identity Theft Report can be used to (1) permanently block fraudulent information from appearing on your credit report; (2) ensure that debts do not reappear on your credit report; (3) prevent a company from continuing to collect debts that result from identity theft; and (4) place an extended fraud alert on your credit report.
   
   
4. File a report with your local police or the police in the community where the identity theft took place.
   
   Call your local police department and tell them that you want to file a report about your identity theft. Ask them if you can file the report in person. If you cannot, ask if you can file a report over the Internet or telephone. See below for information about Automated Reports.
   
   If the police are reluctant to take your report, ask to file a "Miscellaneous Incident" report, or try another jurisdiction, like your state police. You also can check with your state Attorney General's office to find out if state law requires the police to take reports for identity theft. Check the Blue Pages of your telephone directory for the phone number or check www.naag.org for a list of state Attorneys General.
   
   When you go to your local police department to file your report, bring a printed copy of your FTC ID Theft Complaint form, your cover letter, and your supporting documentation. The cover letter explains why a police report and an ID Theft Complaint are so important to victims.
   
   Ask the officer to attach or incorporate the ID Theft Complaint into their police report. Tell them that you need a copy of the Identity Theft Report (the police report with your ID Theft Complaint attached or incorporated) to dispute the fraudulent accounts and debts created by the identity thief. (In some jurisdictions the officer will not be able to give you a copy of the official police report, but should be able to sign your Complaint and write the police report number in the "Law Enforcement Report" section.)

• An initial fraud alert stays on your credit report for at least 90 days. You may ask that an initial fraud alert be placed on your credit report if you suspect you have been, or are about to be, a victim of identity theft. An initial alert is appropriate if your wallet has been stolen or if you've been taken in by a "phishing" scam. With an initial fraud alert, potential creditors must use what the law refers to as "reasonable policies and procedures" to verify your identity before issuing credit in your name. However, the steps potential creditors take to verify your identity may not always alert them that the applicant is not you. When you place an initial fraud alert on your credit report, you're entitled to order one free credit report from each of the three nationwide consumer reporting companies, and, if you ask, only the last four digits of your Social Security number will appear on your credit reports.
  
  
• An extended fraud alert stays on your credit report for seven years. You can have an extended alert placed on your credit report if you've been a victim of identity theft and you provide the consumer reporting company with an Identity Theft Report. An automated Identity Theft Report, such as the printed ID Theft Complaint available from this Web site, should be sufficient to obtain an extended fraud alert. With an extended fraud alert, potential creditors must actually contact you, or meet with you in person, before they issue you credit. When you place an extended alert on your credit report, you're entitled to two free credit reports within twelve months from each of the three nationwide consumer reporting companies. In addition, the consumer reporting companies will remove your name from marketing lists for pre-screened credit offers for five years unless you ask them to put your name back on the list before then.