June 2020
From The Certified Elder Law Attorney's Desk:

William W. "Bill" Erhart

The Estate & Elder Law Team Goes To New Heights For Clients During the Pandemic
Spotlight:

Welcome To Our New Administrative Assistant
Caitlyn M. Martin

Farewell and Best Wishes to Rebecca Gonzon
Article of Interest:
Living With Early State Alzheimer's During Covid-19

An article from the Alzheimer's Association
Calendar Of Events
Inspirational Quote


From The Certified Elder Law
Attorney's Desk:
William W. “Bill” Erhart
Turmoil, anxiety, vexatious, how many words can you use to explain the Covid-19 plague? I recall talking to a colleague in a large law firm whose partners were eager to divide the profits from a great first quarter, yet the fear of the unknown kept them from climbing the ladder to pick the apple of prosperity. Recently fear of the known drove us to stare at that same ladder.

In mid-March, pursuant to the Governor’s Order and good public health practice, office visits by clients ceased. We developed procedures for both “drive-by” signings and “through the door” signings. Most frequently, clients could drive into the parking garage below our office and be greeted by a masked attorney and two masked staff members. A table was set up with documents on washable plastic clipboards. Gloves, hand sanitizer, and social distancing were followed in accord with the rules. The clients signed, documents scanned, inserted into binders and they drive off. A little practice and refinement on our part, and it worked quite well.

In April, we had an extraordinary number of true elderly clients, those in excess of 80 years, who felt they needed estate plans in place immediately. “Bill, Bill, we think we may die in two or three weeks, so we need a plan now,” was the common call. To our credit or shame, we worked hard to accommodate the clients and assuage their fears. With staff working remotely except when coming in for the drive-by signings, it was quite arduous. Both before and after the Governor’s emergency order permitting attorneys to notarize and witness using virtual means remotely, some clients still needed to meet with us physically to execute the documents. Many had no access to virtual technology or were hearing impaired; therefore, they could not communicate well by telephone. But we used best efforts. Remembering the proverb: “We sell three things: fast; cheap and good: pick two,” we stretched ourselves to provide all three.

Harry and Wendy are 93 and 89. Their children Sam and Debbie called and asked if we could help them. Harry has Stage IV cancer, and no will, no power of attorney, no healthcare directive, the standard plan of most Americans. Wendy in good health, but concerned about how to pay for longterm care. They had a house but were living with Debbie since they could no longer care for themselves. Like most of our clients, they did not want to lose the home to a nursing home.
  
I spoke to Harry and Wendy at length over the telephone. They retained us. We helped them design a plan whereby all the assets go into Harry’s name. A special will was created for Harry, that when he dies, all the assets then flow into a special trust for Wendy. That special trust is authorized by federal law and is immediately Medicaid proof, so if Wendy does need longterm care she qualifies now, not five years from now or when she has spent all her money and is broke.

We created drafts, sent them to Harry and Wendy, and reviewed them over the telephone. All was in order. The plan was to wheel Harry from his bedroom to the car, then drive Harry and Wendy to our parking garage for a drive-by signing. Again, all was in order. Then Sam called.

“Bill, Bill,” the familiar cry, “Harry is so sick, we cannot get him into the wheelchair let alone to the front door or the car without him vomiting. What can we do?”
  “Can you push Harry’s bed to the window?”
  “Yes.”
  “Ok, we are on our way.”

To create a valid will in Delaware, one needs two witnesses and a notary. Delaware lawyers are permitted to give oaths. We had two employees scheduled that day to be witnesses for Harry and Wendy. We locked the office, and all jumped into our respective vehicles and drove separately to Debbie’s house down the Kirkwood Highway. Duly gloved and masked, the three of us exited our vehicles looking like a cross between the James gang and a surgical team. Glad that we were not exiting in front of a bank. We walked single file up the driveway. Lisandra wore round mirror sunglasses, a strong breeze pushed her hair above her head, making her look like a giant, scary bug. Turning back to Rebecca, a martial arts student, her mask made her ninja-like in a threatening, unsettling way.

Sam greeted us and alongside the house, was a ladder perched alongside Harry’s bedroom. There was Harry at the window, looking down, breathing deeply and smiling delicately.

Now the law requires several things in witnessing and notarizing a Will. First is the notary needs some identification to make sure the signer is who he claims. The witnesses need to be in the presence of the signer. The witnesses need to see the signer is eighteen years of age or over, of sound mind and under no constraint or undue influence. The lawyer needs to make sure that the signer of a will knows what a will is, what is the general nature of his property, who are the natural objects of his bounty, and that he is signing a will which disposes of his property.

Grabbing the will, I did my best squirrel scurry up, feeling queasy, not because of the height; while in the Marine Corps, I jumped out of a plane at 2,800 feet relying on strings of wispy nylon to get me down safely, but Harry looked like the rolling of the bed had the same stimuli on him as the wheelchair, and I feared the reflexive action of the medulla oblongata more than the height. Fortune smiled more than Harry, and during the process, I kept dry.

Wendy sat on the edge of the bed, and she handed me their identification cards, which the ninja imaged and handed back to me. I reviewed the necessary but minimal dialogue with Harry and Wendy to ensure they understood what they were signing. Again, Fortune smiled, and the wind abated so that both ninja and bug on the ground could hear the colloquy and then sign the documents that Harry and Wendy were sound and knew what they were doing.

On the ground, we witnessed and notarized, and assembled the documents and handed them to Sam. Accepting the hearty thanks of Harry, Wendy, Sam, and Debbie, we returned to the office in our separate vehicles. The adventure and the good deed warmed us.
Estate & Elder Law Services Welcomes
New Administrative Assistant Caitlyn M. Martin
Caitlyn M. Martin recently joined the Estate & Elder Law Services team as our new administrative assistant. Caitlyn organizes Medicaid documents, assists with client qualification plans by working with third-party vendors, drafts required forms, and helps clients gather pending items. She also performs a variety of clerical tasks for the team including assisting with the telephones, word processing, organizing files, making copies, scanning, and helping with other firm projects.
After high school, Caitlyn joined the Marines which taught her the importance of life in a broader perspective and instilled skills paramount to her future. After her service, she decided to pursue a bachelor’s degree in Legal Studies. In 2019, Caitlyn enrolled at Wilmington University where she is currently continuing her education and aspires to practice law in the future.

Caitlyn is a Delaware native and has four siblings. In her free time, she enjoys reading and spending time with her family. She looks forward to building relationships with our clients and helping others.

Caitlyn is replacing long time assistant, Rebecca Gonzon who is leaving our firm after four wonderful years to pursue her law degree at Syracuse University. She will be greatly missed and we wish her the best!

Living with Early-Stage Alzheimer's
 During COVID-19
Karen Weede first noticed changes to her memory when she began having difficulty articulating thoughts in conversations. In 2017, Karen became more alarmed when the routine task of putting gas into her car proved difficult. She sought to find answers. Today, at age 73, Karen is living with early-stage Alzheimer’s. 
As a member of the 2019-2020 Alzheimer’s Association National Early-Stage Advisory Group , Karen encourages others to enjoy life, no matter the circumstances: “Wake up every day thankful that you can still love and laugh and live.” Here are some of her tips for living your best life as people continue to shelter in place during the COVID-19 crisis:
 
Listen to the Beat
Music has been proven to be an amazing form of therapy for me . It does wonderful things: It helps lift your mood when you have energy to spare, and can help calm you in times of crisis. When I put on music, I dance. The music that gets me dancing around my kitchen is usually “Earth, Wind, and Fire,” “The Eagles” and “Fleetwood Mac” songs from the 1970s. 
 
Engage in Exercise 
Keeping active is always important , but especially in our current world. I recently started walking three miles a day. If I run into anyone, we will talk at a distance and move apart. I am a really social person, so it helps to get out to talk to anyone at all, even if we are wearing masks! If you are not used to exercise, start small. Take a short walk around your neighborhood. Many websites have free low-impact workout videos you can do from home, too! My local YMCA has online classes that are currently free to members, as gyms have closed during COVID-19.
 
Work on Your Attitude
I am always working on how I see the world. I focus my awareness on the present moment, acknowledging my thoughts and feelings. If you are feeling anxious, search for YouTube videos that guide you in short (or long!) meditation. Just search “guided meditation” on YouTube, and find helpful videos between one minute and 30 minutes long. Close your eyes, relax and practice being mindful.
 
Read the Good News
Don't focus on news about the virus. While my husband Jim and I keep up with neutral news to stay in the know, we have found that constant watching, reading or listening to the news can be too much for us. Know what you are able to handle, and turn off the news if it makes you anxious. Find sources of news that keep you both informed and hopeful.
 
Know Yourself
Find and focus on the little things that you are thankful for. It can be as simple as looking out the window at the trees and blooming flowers. Do what makes you happy. I still love to cook!
If you need to grieve during this time for the losses we have all experienced – whether that is being unable to see family, missing social engagements, trips or other events – you should feel comfortable doing so. We all need to grieve the circumstances in our own time in order to move on and keep our spirits up.
 
Keep Laughing
Laughter is wonderful; it truly is magical. I have my favorite TV shows that guarantee a laugh: “The Neighborhood,” “Mom,” “Little Sheldon” … I always loved “The Big Bang Theory.” I love reruns of “Modern Family.” Jim and I are big fans of Mel Brooks, too. And I read the comic strips every day!
  • Bill Erhart, Esq., CELA was named Super Lawyer in Delaware for Elder law by Super Lawyers Magazine Pennsylvania & Delaware 2020

  • Kylee Read, Esq. was elected Chair of the DSBA Elder Law Section.
  • Friday, July 3rd - Office Closed in Observance of Independence Day