What To Do Before, During, & After
A Serious Illness Or  Death


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Some of the items
listed below may be specific to New Jersey.
 

Advance Directive
 Assistance for Community Caregiving (JACC) (NJ)
Discounted Caskets, Funeral Services, Plots
Essential Legal Documents All Seniors & Adults Should Have

 Estate Executor Compensation and Fees
Euthanasia in the U.S.
Here's The Real Cost Of Dying In Debt
Holy Smoke
   10-19   Hospice Care as Defined by Medicare
Palliative & Hospice Care
What To Do With Your Body After Your Dead
When Death Is Imminent
When A Credit Holder Dies
When your loved one wishes to have their ashes put into the sea



Advanced Directive
Far too many people wait until they are in the midst of a health care crisis before thinking about what options are available or what care they or their loved ones would want. A recent survey, conducted by the Conversation Project, reported that more than 9 in 10 Americans think it is important to discuss their wishes for end-of-life care, however only 3 in 10 have actually had these discussions.
www.state.nj.us/health/advance directive/index.shtml 
07-20
  




 
Assistance for Community Caregiving (JACC) (NJ)

www.state.nj.us/health/advance directive/index.shtml
 Under JACC,
family members can be paid to provide caregiving services to their loved ones. JACC offers program participants the option to choose their own services providers for several approved services.  To avoid confusion, it should be mentioned that this model of care delivery is referred to by a variety of names including participant direction, consumer direction, cash and counseling, participant employed provider and client employed provider.  For services such as attendant care, chores and transportation assistance, nearly anyone can be hired to provide assistance including family members and friends so long as they meet the program's requirements.   Unlike in many states, in NJ, spouses and the adult children of aging parents are included in the list of relatives that can be paid.  The JACC program also covers minor home modifications to improve home access or safety.  Examples of this are wheelchair ramps or walk in tub replacements for dangerous showers.  
www.payingforseniorcare.com/longtermcare/resources/nj_jacc.html
  12-16
 


1-20 
Bank Accounts & Credit Cards
While this is a complicated subject and has many permutations, I will talk about problems with linked and joint bank accounts! ! !

While banks can't prevent you from linking your account to other services, most institutions advise you against it. Major banks warn their customers that giving out bank details can result in compromised accounts. The terms of service at such banks state that the customer is responsible for the loss: the bank may not be liable in cases where an account holder willingly shares account information with third parties.

More important are problems having multiple accounts linked to each other in YOUR OWN bank.
While it is a little more convenient to have them linked while your online looking at your accounts information, it allows companies to take money from any one of those accounts that are linked together. This can cause problems like overdraft charges if the account does not have enough money in it, not to mention the many hours of talking to the bank and the company that took the money out of the wrong account to get it straighten out ! ! !

In addition they can send late or non payment information to the 3 major credit agencies thus ruining your credit rating.

   NEVER NEVER NEVER link bank accounts together !!!





Joint Checking & Bank Accounts
In the case of your parents checking and saving accounts, Never put their name and yours on their checking, saving, stocks, and other assets or accounts. (ex. Mom smith & Son Smith).

If you Son Smith, have money problems or someone tries to collect money from you they can take it out of your parents account without any notifications because your name is on the account.

Instead the checking, and saving account should read: Mom Smith - POA & POD Son Smith.

The bank will make you their own power of attorney of the account (no fees or lawyer needed) and that will give you full access to the account, same as having both names on the joint account. 

The difference is, if somebody tries to sue or collect money from Son Smith, they will not be able to touch Mom Smiths account ! ! !

   POD is payable on death, and you don't have to go to probate court. The bank will release the money to you after you show them a death certificate.

   POA from the bank, is power of attorney only for those accounts with the bank.  This has nothing to do with the  power of attorney you get from a lawyer.

   POA - Neither Power Of Attorney from the bank or lawyer means anything after a person dies.
www.nolo.com/legal-encyclopedia/new-jersey-avoiding-probate-31944.html

   Pros and Cons of Payable on Death Accounts
www.legalmatch.com/law-library/article/pros-and-cons-of-payable-on-death-accounts.html

               ALWAYS ALWAYS ALWAYS double check spellings, middle initials, and both POA & POD or any other designations are on the proper checks and any other papers.
               People make lots of errors and some are totally incompetent.  If you do not check everything, you could be in for a great loss of monies.
   
8-20




1-20 
Bank Accounts & Credit Cards
While this is a complicated subject and has many permutations, I will talk about problems with linked and joint bank accounts! ! !

While banks can't prevent you from linking your account to other services, most institutions advise you against it. Major banks warn their customers that giving out bank details can result in compromised accounts. The terms of service at such banks state that the customer is responsible for the loss: the bank may not be liable in cases where an account holder willingly shares account information with third parties.

More important are problems having multiple accounts linked to each other in YOUR OWN bank.
While it is a little more convenient to have them linked while your online looking at your accounts information, it allows companies to take money from any one of those accounts that are linked together. This can cause problems like overdraft charges if the account does not have enough money in it, not to mention the many hours of talking to the bank and the company that took the money out of the wrong account to get it straighten out ! ! !

In addition they can send late or non payment information to the 3 major credit agencies thus ruining your credit rating.

   
NEVER NEVER NEVER link bank accounts together !!!




Joint Checking & Bank Accounts
In the case of your parents checking and saving accounts,
Never put their name and yours on their checking, saving, stocks, and other assets or accounts. (ex. Mom smith & Son Smith).

If you Son Smith, have money problems or someone tries to collect money from you they can take it out of your parents account without any notifications because your name is on the account.

Instead the checking, and saving account should read: Mom Smith - POA & POD Son Smith.

The bank will make you their own power of attorney of the account (no fees or lawyer needed) and that will give you full access to the account, same as having both names on the joint account. 

The
difference is, if somebody tries to sue or collect money from Son Smith, they will not be able to touch Mom Smiths account ! ! !

   POD is payable on death, and you don't have to go to probate court. The bank will release the money to you after you show them a death certificate.

   
POA from the bank, is power of attorney only for those accounts with the bank.  This has nothing to do with the  power of attorney you get from a lawyer.

   POA - Neither Power Of Attorney from the bank or lawyer means anything after a person dies.
www.nolo.com/legal-encyclopedia/new-jersey-avoiding-probate-31944.html

   Pros and Cons of Payable on Death Accounts
www.legalmatch.com/law-library/article/pros-and-cons-of-payable-on-death-accounts.html

               
ALWAYS ALWAYS ALWAYS double check spellings and both POA & POD or any other designations are on the proper checks and any other papers.
               People make lots of errors and some are totally incompetent. 
If you do not check everything, you could be in a great loss of monies.
   
8-20





Discounted Caskets, Funeral Services, Plots
    $995-$2395
   100% Complete Satisfaction Guarantee
   Our Prices Include Free Delivery!* 
   Because funerals can cost thousands of dollars, you should be aware of Federal Regulations that can help protect you from overpaying... 
   The funeral provider may not refuse, or charge a fee, to handle a casket you bought online...
   The funeral home cannot require you to be there when the casket is delivered to them."
   Click here to read   "Your Rights When Buying Funeral Goods & Services" United States Federal Trade Commission
www.consumer.ftc.gov/articles/0300-ftc-funeral-rule
6-13
  





Essential Legal Documents All Seniors & Adults Should Have
   Every adult -- especially seniors -- should have at least four essential legal documents to protect them and their family. These documents will make sure your wishes regarding your estate are legal and clear, and will help minimize any conflicts and confusion with your family and your health care providers if you become seriously illness or when you die. Here are the key documents you need, along with some tips to help you create them.

   A Will: This document lets you spell out your wishes of how you'd like your property and assets distributed after you die, whether it's to family, friends or a charity. It also allows you to designate an executor to ensure your wishes are carried out, and allows you to name guardians if you have minor or dependent children.

In addition to a will, if you own real estate or have considerable assets, another option you may want to consider is a "revocable living trust." This functions like a will but allows your estate to avoid the time and expense of probate (the public legal process that examines your estate after you die) and helps ensure your estate's privacy.

   Durable Power of Attorney: This allows you to designate someone you trust to make financial, tax and legal decisions on your behalf if you lose your decision-making capacity.

   Advanced Health Care Directive: This includes two documents that spell out your wishes regarding your end-of-life medical treatment. The two documents are a "living will" which tells your doctor what kind of care you want to receive if you become incapacitated, and a "health care power of attorney" which names a person you authorize to make medical decisions on your behalf if you become unable to.

  New Jersey's Practitioner Orders For Life-Sustaining Treatment (POLST) 
The Practitioners Orders for Life Sustaining Treatment, or POLST form, ensures patients get the care they need and no less and the care they want and no more. It may be completed by the patient or, if he or she is unable to speak for themselves, the patientís healthcare proxy. 
The POLST form must be signed by a doctor, physician assistant or advance practice nurse and a patient or decision maker. The POLST form tells the medical team what to do for a patient who is seriously ill or approaching the end of life. The form expresses the individualís wishes about the specific types of care he or she would and would not like to receive. The NJ POLST form gives specific care instructions related to a patientís personal goals of care, artificial nutrition, resuscitation and re-hospitalization.

This PDF form can be filled out online, printed, and submitted to hospital or nursing home.   
http://www.njha.com/media/84188/NJPOLSTFORM.pdf
 8-20

   Do-It-Yourself: If you have a simple estate and an uncomplicated family situation, there are several good do-it-yourself guides that can help you create all these documents for very little money.

   For creating a will, a top resource is the Quicken WillMaker Plus 2015 software (available at Nolo) that costs $60, works with Windows personal computers and is valid in every state except Louisiana. If you use a Mac, Nolo offers an online will maker for $35.

   Or, if you only need to create an advance directive you can do it for free at caringinfo.org, where you can get state-specific forms with instructions. Or for only $5, an even better tool is the Five Wishes document, which is valid in 42 states and will help you create a customized advance directive.

   Get Help:  If, however, you want or need assistance or if you have a complicated financial situation, blended family or have considerable assets, you should hire an attorney. An experienced lawyer can make sure you cover all your bases -- especially when writing a will or living trust -- which can help avoid family confusion and squabbles after you're gone.
Costs will vary depending on where you reside, but you can expect to pay somewhere between $200 and $1,000 for a will, or $1,200 to $5,000 for a living trust.

www.huffingtonpost.com/jim-t-miller/essential-legal-documents_b_6833046.html?

 8-20  






Euthanasia in the U.S.
Euthanasia is legal in the states of:
   California
   Montana
   New Mexico
   Oregon
   Vermont
   Washington
   To a limited extent in Texas.
   Check for changes in the laws.
http://en.wikipedia.org/wiki/Euthanasia_in_the_United_States
11-19
  
In Which Countries Is Euthanasia Legal?
Albania, Belgium, Finland, Holland, Luxembourg, Netherlands, Norway, Sweden, Switzerland, and Thailand.
6-13
  




Executor Compensation and Fees in New Jersey
IIf the will does not specify how executor compensation should be calculated, the executor must follow state-specific rules. Executors for NJ estates are entitled to a sliding-scale percentage of the value of the estate, plus 6% of any income it generates: use the EstateExec calculator.

For example, a New Jersey estate worth $600K would generate $24K in executor fees.

In New Jersey, the estate executor is known as a "fiduciary".
New Jersey law sets base compensation according to the gross, YES THE GROSS, not the net value of the estate:
5.0% on the first $200K
3.5% on the next $800K
2.0% on anything more
This may mean the credit card and other creditors may not get anything from the estate.


You should contact an estate attorney for a consultation which usually is an hour of their time.
www.estateexec.com/Docs/Compensation?state_abbrev=NJ


Order of priority of claims when assets are insufficient.
3B:22-2. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

a. Reasonable funeral expenses;

b. Costs and expenses of administration; (you the executor)

c. Debts for the reasonable value of services rendered to the decedent by the Office of the Public Guardian for Elderly Adults;

d. Debts and taxes with preference under federal law or the laws of this State;

e. Reasonable medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him;

f. Judgments entered against the decedent according to the priorities of their entries respectively;

g. All other claims.
https://law.justia.com/codes/new-jersey/2013/title-3b/section-3b-22-2/
8-19





Here's The Real Cost Of Dying In Debt
Article Date June 12, 2013
www.businessinsider.com/the-cost-of-dying-in-debt-2013-6
6-13





Holy Smoke
   The process of having cremated ash placed in live ammunition begins when you contact us. You tell us what type of hunting or shooting that the decedent practiced and we can help you decide what will best suit your needs. Feel free to email us, call us at (251) 213-1211 or (251) 232-4414 or complete the proposal form on our Buy Holy Smoke page, and we will gladly discuss the options (caliber, gauge, etc.) available to you.
We are here to serve you and want to simplify the ordering process as much as possible. 

  Once the caliber, gauge and other ammunition parameters have been selected, we will ask you (by way of your funeral service provider) to send approximately one pound of the decedents ash to us. Upon receiving the ashes our professional and reverent staff will place a measured portion of ash into each shotshell or cartridge. (Please note that our process uses only a portion of the ash from a typical cremation.)
Example: 1 Pound of ash is enough to produce 260 shotshells (one case).
www.myholysmoke.com
 7-20  





In Which Countries Is Euthanasia Legal?
Albania, Belgium, Finland, Holland, Luxembourg, Netherlands, Norway, Sweden, Switzerland, and Thailand.
6-13
  





  10-19 
Levels of Hospice Care as Defined by Medicare
  Determining Level of Care
In order to qualify for hospice care, the patient's doctor, and often a hospice doctor as well, must determine that the patient is terminally ill, with a life expectancy of six months or less; the decision to treat someone at a higher level of care falls to the hospice physician. With four levels in place, no terminally ill patient should ever be left without appropriate care.
 
  Level 1: Routine Home Care
   Level 2: Continuous Home Care
   Level 3: General Inpatient Care
   Level 4: Respite Care
www.verywellhealth.com/levels-of-hospice-care-1132297
10-19

  




Palliative & Hospice Care
   Palliative Care "Palliative care means patient and family-centered care that optimizes quality of life by anticipating, preventing, and treating suffering. Palliative care throughout the continuum of illness involves addressing physical, intellectual, emotional, social, and spiritual needs and to facilitate patient autonomy, access to information, and choice. (73 FR 32204, June 5, 2008)."

   Hospice Care Hospice is a program of care and support for people who are terminally ill. Here are some important facts about hospice:
www.state.nj.us/health/advancedirective/palliative-hospice-care/index.shtml#1
05-16
  




What To Do With Your Body After Your Dead

Choice 1 - Regular way

   Pick you up
   Embalming - There is no law requiring embalming !!!
   Makeup and clothes
   Coffin
   Cement box to put coffin in. - There is no law requiring a cement box !!! 
Some cemeteries are requiring the cement box because the dirt settles after the coffin decays, and they don't want the ground to look uneven.
   Use of room for viewing
   Printing of handout card
   Limousine to transport you to cemetery
   Limousine for family members
   Cemetery Plot
   Head stone
   Cost to dig up plot & reclose
   Perpetual care for the plot
   Total cost - In New Jersey, the typical funeral costs $12,000, according to the New Jersey State Funeral Directors Association - about the same as buying an economy car like a Hyundai.
   Remember this only a typical price, there are tons of extras they will try to add on to your bill.
http://blog.nj.com/ledgerarchives/2007/09/cost_of_dying_by_abby.html
6-13
  

 
Choice 2 - Cremation
   Cremation - No state or local law requires the use of a casket for cremation. A funeral home that offers cremations must tell you that alternative containers are available, and must make them available. They might be made of unfinished wood, pressed wood, fiberboard, or cardboard.
   No need to purchase an Urn
   Total cost - $1,800 and up.
   Optional rental of room in the funeral parlor.
 6-13
 

Choice 3 - Promession
Promession is an ecologically-conscious method for disposing of human remains by  freeze drying. It was invented and patented [1]  in 1999 by the Swedish  biologist Susanne Wiigh-Msak.

The method is based on three steps:
   Reducing the body of the deceased to a fine powder, thereby allowing subsequent  decomposition to be aerobic. This is achieved by submerging the body in  liquid nitrogen, making the remains so brittle that they shatter into a powder as the result of slight vibrations. The powder is then dried, reducing the deceased remains to around 30% of their original body weight.
   Removing and recycling metals within the powdered remains.
   Shallow-burying the powder in a biodegradable  casket. In 6 to 12 months your biogradable casket will turn to compost and nourish the tree you had planted on top of it.

The first facilities for promession-based funerals, known as Promatoria, are due to be ready in 2009. They will be located in Sweden, Germany, Great Britain, South Korea and South Africa.
Currently not legal in the US.

The volume of remains left by this procedure is about ten to twenty times that left by a cremation, but the advantages claimed include avoiding the release of pollutants into the atmosphere (for instance,  mercury vapor from  dental fillings) and the rapid degradation of the remains after the procedure (within 6 to 12 months). The procedure meets the requirements of new  European Union pollution laws.
   Total cost - About the same as Cremation.
www.youtube.com/watch?v=lIwEf8J2b34
www.naturalwayburial.org.uk/USERIMAGES/Promession.PDF
 6-13
    




When Death Is Imminent
As long as the person is coherent, you can have a lawyer at their bedside and they can have a will made out, transfer ownership of their house, make you Power Of Attorney etc.  These things can be done in less than a week if necessary ! ! !
Also see the link about Bank accounts & Credit Cards
7-20
  




When A Credit Holder Dies
   When someone dies, the task of notifying financial institutions and closing credit card accounts can easily be forgotten or pushed aside.
www.creditcards.com/credit-card-news/6-steps-when-credit-card-holder-dies.php
6-18
  

 

 7-20  
When your loved one wishes to have their ashes put into the sea
   Your choices from the funeral parlor are:
   A minimum of $325 for a water soluble urn.
   $325 for a boat to drive out to international waters. This is a 5 minute ride to drive 3 miles out.  By the way the boat only goes out every 6 months.

 &  A better choice is to go on a family member or friends boat and use a Water-Soluble Biodegradable Bag (PM6909) $14.95 from the link below.
www.perfectmemorials.com/watersoluble-biodegradable-bag-p-5909.html?gclid=CjwKCAjwmMX4BRAAEiwA-zM4JhTwakPZGwMsQVzWam0YcCmotOorzsmQnq3V6Daf6N-x71JEQ5QsZBoCiWIQAvD_BwE

You can also do a search in Google for water soluble cremation bags.

Some reviews from the site listed above
  My mom's last wishes were to have her ashes put in to the sea.  She said she wanted to see the world.

   We attached a small bouquet of carnations and tied them together with the bag. The bag sank into the water immediately taking the flowers beneath the water with the cremains. When the bag dissolved the flowers came back up to the water's surface leading the trail of the cremains behind it so we knew it worked.


   This is just what we hoped for. We placed ashes in the bag, along with rose petals and flowers.....tossed it in the water, and within minutes, the flowers rose to the surface. Lovely.

Precautions
   Because the ashes are a fine powder you don't want them to be airbourn.
   Make sure the tide is going out away from the boat, because the ashes may rise and will cling to the boat.
 7-20
  



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