Lessons Learned from Casey Kasem's Legacy

Published: Fri, 07/11/14

Lessons Learned from Casey Kasem's Legacy

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Q. In May, you wrote about how Casey Kasem's family was at odds over his care. My family is in a similar situation, but it is not quite as hostile. I don't always agree with my stepchildren and my husband is in the early stages of dementia. At this point, he is still competent and can still make decisions and do most things for himself - his primary problem is he just forgets a lot of things. I would like him to stay at home with me for as long as possible. However, his children (from his prior marriage) want to move him to an assisted living facility closer to them in the near future, because they are afraid I won't be able to take care of him since I'm also getting older. What are some lessons we can take away from the Kasem situation, so our situation doesn't get as contentious as theirs was?

A. Long-time radio personality and "America's Top 40" superstar Casey Kasem passed away last month at 82. He left Americans with wonderful memories. However, one of his major parting contributions was not related to his radio legacy. It was to remind us of the importance of end-of-life decision-making and proper planning to ensure that wishes are met and families aren't faced with tough decisions with which they may not agree.

As you may recall from our previous article, before Casey Kasem passed away, his daughter, Kerri Kasem, and his wife, Jean, were in the middle of a court battle regarding his medical care. In his final days, Jean wanted to continue medical care; Kerri and her two siblings from his prior marriage had concluded that care was pointless and should be discontinued.

Mr. Kasem's debilitating dementia was at a point where he couldn't eat on his own and his body was rejecting food. Kerri and her siblings didn't want to see their father suffer any longer, but Jean felt that the stepchildren were trying to hasten their father's death to expedite distribution of $2 million that would be split between them. Mr. Kasem's children prevailed in the California courts based on a document Mr. Kasem had signed in 2007. Life support was accordingly withdrawn and Casey Kasem died shortly thereafter.

You can read more of the details to this story on our blog and on the American Bar Association website.

Incapacity Planning

Two important lessons emerge from the Kasem family's unfortunate experience:

Many people make the mistake of assuming that if something should happen to them, family members will simply step in and figure out what to do. The truth of the matter is that, without proper planning, your family must have you declared legally incompetent by a Judge in order to handle your finances. Achieving this can be time consuming and stressful. Instead, you can rely on an Advance Medical Directive. This document conveys the types of medical procedures that you want or do not want to undergo in the event that you become incapacitated and unable to make such decisions on your own.
Without an Advance Medical Directive, in most cases the spouse is considered the primary decision maker for medical choices, with the children being secondary. However, spouses are never automatically legal or financial decision-makers for each other. Without a General Power of Attorney in place that designates someone as the financial decision-maker, family members may fight for the right to make legal and financial decisions. Therefore, it is extremely vital that everyone has a General Power of Attorney in place.

Planning in Advance

The added trauma of family squabbles can cause loved ones undue stress in an already difficult situation. Sitting down with your stepchildren and having the caregiving conversation, while your husband can still voice his wishes, can help to ensure that the issues faced by the Kasem family do not happen to yours. Below are some tips about how to break the ice and what to discuss:

Use stories such as Casey Kasem as a way to bring up your husband's long-term care wishes.
Make sure that all family members are involved in the conversation about long-term care and end-of-life wishes of your loved one. Since he is still competent, let your husband weigh in on the decisions.
Remember, the conversation goes best when it is approached as a partnership or collaboration for what your husband wants and needs.
Explain why certain choices are made and ensure that everyone feels included in the process to avoid future problems before they happen.
Have an experienced Elder Law Attorney review all legal, financial, and personal documents, if you already have them in place, or get them done if they have not been done in the past few years. Ensure that all of your father's wishes are fully documented and that all documentation is up to date.

To ensure your husband's wishes are met, it is important to start your planning while his mind is still as sharp as possible and his judgment sound, so you are prepared in advance as his dementia progresses. No guarantees, but at least providing your family with directions may prevent a battle such as the one that occurred between Casey Kasem's daughter and second wife.

Life Care Planning and Medicaid Asset Protection Planning

Nursing homes in Fairfax, Virginia and the rest of Northern Virginia can cost as much as $198,000 per year, while Fredericksburg, Virginia nursing homes and nursing homes in and the rest of Virginia can cost as much as $105,000 per year. Therefore, it is imperative to plan ahead in the event nursing home care is needed in the future. Life Care Planning and Medicaid Asset Protection is the process of protecting assets from having to be spent down in connection with entry into a nursing home, while also helping ensure that you or your loved one get the best possible care and maintain the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home. Our firm is dedicated to helping seniors preserve dignity, quality of life, and financial security. If you have not done Long-Term Care Planning, Estate Planning, or Incapacity Planning (or had your Planning documents reviewed in the past several years), or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, call us at our Virginia Elder Law Fairfax office at 703-691-1888 or at our Virginia Elder Law Fredericksburg office at 540-479-1435 to make an appointment for an introductory consultation.

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Is it Alzheimer's, Or Am I Just Having Senior Moments?

Dear Saki and Alley,

A few days ago, I was buying groceries and swiped my debit card. The machine asked me for my PIN, which I had entered thousands of times before, and I froze. As the cashier peered at me as if I was a possible identify thief, I quickly canceled the transaction and switched to a credit card that required no PIN. In other instances, I have forgotten to pay bills, turn off lights, and close the garage door. I am not sure if I am developing Alzheimer's or another type of dementia, or if these are just senior moments. What are some tests available to diagnose Alzheimer's early?

Thanks,

Walt J. McCallit
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Dear Walt,

The brain often experiences some normal age-related memory loss, which can make it harder to pay attention and process information. However, when senior moments make it hard to manage daily affairs, they may be early warning signs of Alzheimer's disease or another type of dementia.
If you think your senior moments go beyond the realm of minor annoyances and occasional slips, be sure to see a doctor so your symptoms can be evaluated. If you visit your primary care physician or neurologist, below is a description of new technology that is already available or is being developed to diagnose Alzheimer's in the early stages:

Created by researchers at Ohio State University (OSU), SAGE was made available online this month and the resulting news coverage led to so many people trying to access the test that it crashed OSU's web site. The website is now working again, and the test can be downloaded here. The Alzheimer's Association, which does not typically recommend self-administered testing for Alzheimer's, speaks highly of SAGE and its reliability. Read our blog post about SAGE for more details.
A blood test that can predict whether someone with memory problems will develop Alzheimer's disease may be available in as little as two years, British researchers announced recently. By analyzing more than 1,000 patients -- and performing MRI brain scans on 467 -- researchers at King's College in London discovered a combination of 10 proteins that seem to predict with 87 percent accuracy whether people with mild cognitive impairment will develop full-blown Alzheimer's within a year. Unlike a blood test discovered this year that seems to predict whether people without symptoms will develop dementia, this new test predicts whether people who already have memory problems will go on to develop Alzheimer's.

For more details on additional methods used for Alzheimer's evaluation, please visit the Alzheimer's Association Website.

A diagnosis of Alzheimer's disease is life-changing for both diagnosed individuals and those close to them. While it's not easy to think about, if you or a loved one has recently been diagnosed with Alzheimer's, it is imperative to make an appointment with a Certified Elder Law Attorney such as myself, to determine who to name to make legal, financial, and medical decisions when your loved one is no longer able to do so. In addition, if your loved one hasn't done so already, it is also of utmost importance to determine how he or she will pay for long-term care without depleting the family's hard-earned assets.

People with Alzheimer's live on average four to eight years after they're diagnosed, but some may live 20 years beyond their initial diagnosis. Do you have a loved one who is suffering from memory loss, Alzheimer's, or any other type of dementia or cognitive impairment? The persons and their families face special legal and financial needs. At the Fairfax and Fredericksburg Medicaid Planning Law Firm of Evan H. Farr, P.C., we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. If you have a loved one who is suffering from any type of dementia or memory loss, we can help you prepare for your future financial and long-term care needs. We help protect the family's hard-earned assets while maintaining your loved one's comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Please contact The Law Firm of Evan H. Farr, P.C. as soon as possible at our Fairfax Elder Law office at 703-691-1888 or at our Fredericksburg Elder Law office at 540-479-1435 to schedule your appointment for our introductory consultation.

Additional Seminar Date Added in July

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Note: Our next Living Trust Plus: How to Protect Your Assets from the Expenses of Probate and Long Term Care seminars are on July 12 (FULL), July 26, or August 16 in Fairfax. View the calendar of upcoming seminars and sign up here.

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