Walnut Creek Elder Law Blog

Parkinson’s disease is a brain disorder, wherein certain nerve cells in the brain become impaired or die. These nerve cells, called “neurons” normally produce a chemical known as dopamine. This chemical allows for smooth, coordinated functions of the body’s muscles and movements.

When a high percentage of the brain cells which produce dopamine are impaired, symptoms of Parkinson’s disease may appear. Symptoms may include tremors, changes in facial expression, imbalance, small handwriting and slowness of movement. In time, the symptoms may become worse. Mild tremors can become more severe. Body movements may also become slower, and mobility problems may become worse. The use of eating utensils, dressing, and performing various activities of daily living may become more difficult.

Parkinson’s disease, which is difficult to diagnose officially, affects both sexes in equal numbers, and does not discriminate on the basis of ethnicity, social status or where you live. There are different rates of progression for the disease. We encourage our clients who have Parkinson’s disease and their familiy members to seek the help of support groups, to pursue ongoing medical care, and to learn adaptive techniques from medical professionals.

 Parkinson’s disease is the most common brain disorder, after Alzheimer’s disease, that we see with our clients. When symptoms of Parkinson’s disease appear, as with symptoms of Alzheimer’s disease, we receive inquiries from individuals who may have the disease, or from their loved ones. They want know what should be done now regarding the establishment of a long term care plan for the person with the disease.

We help clients review and update their existing estate planning documents, to be sure the documents contain the requisite asset protection language. We then help the family plan for long term in-home care, which is the preference of most of our clients. We help the family plan for the VA Aid and Attendance benefit, which can help pay for in home care, for veterans. We also help with planning for Medi-Cal benefits, which can pay for nursing home care.   

 If you or a loved one has symptoms of Parkinson’s disease, please feel free to call elder law attorney Michael J. Young, with offices in Walnut Creek, CA, at 925-256-0298. Mr. Young serves clients principally in Contra Costa and Alameda Counties. You can visit our web site at www.WalnutCreekElderLaw.com

Unlike many other States, probate in California is fairly complicated. If the estate is simple and no federal estate tax is due, the final order can theoretically be obtained within 9 months of the filing of the petition. The more likely scenario is that it can take 12 to 15 months to complete the probate process. Probate can be avoided, for instance, with the use of trusts and pay on death designations on various assets. Please see my Elder Law Today newsletter on this topic at http://www.walnutcreekelderlaw.com/Newsletters/AvoidingProbate.html.

Examples of assets subject to probate would be those in the decedent’s name alone, a tenant in common interest in real property, and the one-half interest in a spousal community property asset. The threshold amount to trigger a full probate is $100,000. The will is lodged with the court, the court appoints an executor or administrator, and ultimately the court will decide who the beneficiaries are and what they will receive from the estate, after taxes, costs and other items are paid. Both the executor or administrator, and the attorney are entitled to a probate fee, which is an amount determined by the California Probate Code. Family disputes are also settled in probate court. For additional information on this and other topics, please see my website at http://www.walnutcreekelderlaw.com/. Thank you, Michael J. Young, Attorney at Law.