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Office Hour Change

Effective January 16, 2015:

Monday – Thursday
9:00am - 5:00pm

Friday
9:00am - Noon

We will be unavailable for appointments or phone calls on Friday afternoons, so that we may finalize our work for the week. This also ensures that we have some uninterrupted time to devote to the needs of our clients.

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Marijuana Could Be An Effective Treatment For Alzheimers

Brett Levin

Image via Brett Levin

A trip to the dispensary for your Alzheimer’s clients might be on your to-do list in the near future.


A study published this month in Aging and Mechanisms of Disease suggests marijuana might eventually be an effective treatment for Alzheimer’s disease. The study, published in Popular Science, studied the effects of THC on lab-grown neurons.


Researchers found that the cannabis compound hampered the plaque buildup that is associated with Alzheimer’s. The buildup, caused by the amyloid beta protein, can cause inflammation of the cells in the brain, hampering communication between neurons.


The study reports that THC reduced the amount of amyloid beta proteins in the neurons and prevented inflammation. The THC worked similarly to the effects of physical activity. By affecting the same receptors in the brain, Alzheimer’s can be slowed.


In addition to showing marijuana could be used to treat Alzheimer’s, it may clarify the connection between amyloid beta proteins and inflammation.


Read the full study— Amyloid proteotoxicity initiates an inflammatory response blocked by cannabinoids— here.

The Risks and Difficulties of Selling Ward’s Cars, Boats, Trailers and More

Vintage Car, image via Riley

Vintage Car, image via Riley

It looks like selling some titled property in Florida may be getting a bit more complicated– especially if it was not titled in Florida.

In the past I have written stories about the many pitfalls with selling cars, boats, trailers, and other property as a guardian.

These stories range from having a potential buyer attempt to steal a ward’s SUV during a test drive, to making sure (by going to the DMV with the buyer) that the title immediately transfers out of the ward’s name, to the risk of accepting a cashier’s checks from a buyer.

This twist is a requirement that I was not aware of, and you may not be either. This could cause a real struggle with one of these sales.

First let me say that the best way to resolve most all of these issues is to sell the car, boat, trailer, or other property in person (with you, the vehicle and the buyer) at the Florida Tax Collector/DMV office. This location provides extra security as there are usually law enforcement folks around to protect your personal safety as well as the property. Even better if it is a cash transaction to be fairly public.

This scenario may be very difficult if the buyer is from another state, if the vehicle is located in another state, if it does not run, if it is not insured or if it cannot be moved. Then what?

 

Form 82050

Florida DMV is becoming less willing to accept a Bill of Sale on any format other than their own form: form 82050. If this is true for other states as well, then that may make this really difficult to resolve.

Form 82050 requires a copy of the seller’s drivers license. First you have to first determine the answer to the question: who is that? You or the ward?

Let’s assume the DMV determines it is you, as the guardian. Then you have the concern of giving your personal and private info (printed on your driver’s license) to a buyer, before they give it to their home state’s DMV.  Bad idea.

The 82050 form is relevant for all used motor vehicles and trailers not currently titled in Florida and with a net weight of 2,000 pounds or above.

 

Form 82042

Then there is the HSMV 82042 form. This is a bit easier to deal with, as long as you deal with it while the vehicle is in your possession.

The 82042 form is an owner’s affidavit. Again, you have to deal with the “who is the owner” with your local DMV office.  You have to get the current odometer reading (sometimes hard to do with a dead electronic dash). You’ll need a law enforcement officer, notary or dealer to do this in person with you. If the car runs, has a tag and has current insurance, you can do this at the DMV.

Hope this gives you just a bit of food for thought if you are faced with selling a ward’s property. There are certainly a lot of “if this, then that” situations to consider…

SNF + ALF: Law vs. Reality

Laws, image via Woody Hibbard

Laws, image via Woody Hibbard

 

In the world of guardianship, elder care and advocacy, there are laws. Tons of them! While I am not an attorney, I have learned that there are laws, and then there’s how things work in the real world.

Here are two commonly-broken laws that you can be aware of:

 

 

 

 

 

 

 

Discharge From a Skilled Nursing Facility (SNF)

While SNF’s don’t have to accept all applicants, the law does say that they can not 911 a difficult or non-paying client to the hospital just to get them out the door. Unfortunately, it still happens. To be prepared, know your client’s rights in a SNF: http://buff.ly/1WH1Gxn

 

Honoring Contracts at an Assisted Living Facility (ALF)

While most residents checking into an ALF might expect to spend the rest of their days there, sometimes plans change and they need to leave the facility. The Agency For Health Care Administration rules limit the amount of days an ALF can require residents to give notice when they want to move out. Currently, that is 30 days. We now are seeing contracts from some ALF providers with closer to 45 and 60 day terms. Buyer beware.