Category Archives: Important Documents

PROCRASTINATION

By Mary Roberts

tumblr_l4i8e55TI51qa1id2o1_500PROCRASTINATION is a big word and a big part of most of our lives today.  Life has become so busy that we put off today what we can do tomorrow.  The most important decisions that we need to make and act-on to keep our lives and those of our loved ones secure often fall into that category.  The things we seem to give our immediate attention are work and our everyday necessaries.  This seems right but we forget how important it is to plan ahead for the future. Too many times we don’t think about estate planning and medical planning until something happens to someone near and dear to us.

Many times it is too late.

God made us with a conscience and many times gives us the prodding that we need to think about something.  Sometimes we do think, but don’t act on it.

I have recently been involved with a family who have been friends of mine for many years.  We have helped each other through some rough times when there was sickness and special needs.  The wife had a series of strokes when she was very young, late forties and early fifties.  The husband had a serious heart attack and in later years back surgery.  My phone rang one day and the husband said he had not been feeling well and was scheduled for some tests.  He needed me to spend some time with her while he did these tests and ,more importantly, asked that I take the responsibility of POA for him during this time and Executor if anything should happen to him.  Even more importantly, the wife, who still cannot write or run her business affairs asked me to act as POA for her, if necessary and Executor if he would not survive her.  We called their attorney and he reacted immediately.  I helped by acting as the Power of Attorney for him at that time. (There are three children but none of them are capable of acting in this capacity).  We got thru those times and the wife learned to walk and talk again and is mobile with a walker.  By the way, this couple is in their 60′s.

Long story short, he had the tests, open heart surgery and came home doing very well.   Three weeks later I got a call in the middle of the night and he had died very suddenly.

Can you imagine where the wife would have been without this paperwork in order?  We have now completed his estate.  She is still living in her own home, with my help as POA, taking care of her financial business, medical needs and in-home care through Medicaid.  The husband’s main goal was to be able to keep her at home as long as possible.  That is happening.

When you’re prompted to think about and act on estate planning, act on it.  It can make a major difference of the lives of those that mean the most to us.

How Can I Prepare Myself and My Family for a Medical Emergency?

by Kathy Cooper

emergency2I sometimes describe my mother as a cat.  I am sure she has gone through at least ten lives since I was a teenager.  She’s passed out at the mall and fallen down the stairs at the at West Point Cadet Chapel during my cousin’s wedding.  We’ve had to call the emergency squad to an untold number of restaurants when she’s had a mini stroke and slipped off her chair.  It seems like she’s had an operation on most of her internal organs and I know she’s had pneumonia at least five times in my memory.  Nevertheless, she continues and most of the time she scoots around our house with her walker with little trouble or fuss.

The reason I share this with you is to remind you about the importance of being ready for an emergency with your loved ones.  Don’t let them go out without important contact information and make sure you have the authority required to access to their medical records and to make decisions in a critical situations.  Having a lot of experience with emergencies, I can tell you that you will need at least the following:

Emergency Contacts Information

What is it? Names and phone numbers of your emergency contacts

Why do you need it? If you pass out at the mall or have an accident on the freeway, you will want to have your representatives ready to provide information and decisions.

What do you do with it? Carry it with you at all times, in your wallet or purse.

Don’t forget … Check the phone numbers periodically to make sure they are up to date.  Also, remember to include cell phones which are often the best way to reach your loved ones.

Healthcare Power of Attorney

What are they? A legal document naming the person or persons who can make healthcare decisions for you if you cannot.  This is normally a family member or friend.

Why do I need them? If you are unconscious and cannot tell your doctor what you want done when a decision needs to be made , the hospital can only take direction from the person you have designated as your Healthcare Power of Attorney.

Where should I keep them? Keep your original Healthcare Power of Attorney with your important legal papers.  Give a copy of your Healthcare Power of Attorney to the person or persons who will act for you.  They should keep a copy in a location where they can get to it easily in an emergency as they will need them at the hospital to prove that they can speak for you.

HIPAA Authorization

What is it? A legal document authorizing a person you choose to have access to your medical records.

Why do I need them? Your Healthcare Power of Attorney will need your  HIPAA Authorization to prove to the hospital or medical emergency personnel that they have the right to look at your medical records to help them make medical decisions on your behalf when you are unable to do so.

Where should I keep them? Keep your original  HIPAA Authorization with your Healthcare Power of Attorney in your records for safekeeping and give a copy to the person you have designated to act as your Healthcare Power of Attorney.

Living Will

What is it? A legal document that whether you want heroic efforts to keep you alive to be taken if you are in a permanent coma or at end of life and cannot express your wishes.  This is the document that Terry Schiavo did NOT have.

Why do I need them? The Living Will indicates whether or not you will be kept alive with a feeding tube giving you food and water if that is the only thing keep you alive.

Where should I keep them? Keep the original Living Will with your important papers and give a copy to your Healthcare Power of Attorney.

Prescription Information

What is it? A list of current medications, dosages and the doctors who prescribed them along with their phone numbers. Also, note any alergies, believe me, you will forget them in an emergency.  If you are in an emergency you can  simply take the prescription bottles in a plastic bag.

Why do I need them? This is one of the first questions they ask you at the hospital.  They do not have this information there and it can delay treatment if they don’t have it.

Where should I keep them? If you keep a list, it should be easily accessible so that you can take it to the doctor to update it when your prescriptions change.  You will need it with you in an emergency.

A good elder law attorney will prepare these documents for you as part of your overall estate plan.  Call or email us if we can assist you in getting your affairs in order.

Certified Deed Scam: Just say NO!

by Josh Sharp

We have received numerous calls recently from clients asking if they should purchase a “certified copy” of their deed from a company that is using high-pressure sales tactics in letters and through phone solicitations. The answer is: No. It is not necessary.
The Better Business Bureau has been warning consumers about this type of scam for years, as have local county officials. Here’s what you need to know:
  • You do not have to use a private company to obtain a certified copy of the deed for your home. You can do it yourself.
  • You probably received an “official recorded” copy shortly after you purchased your home, or, if you we prepared a deed for you, we sent you the official deed after it was recorded.
  • If you can’t find a copy of your deed, request one from your county recorder. They will only charge you to copy it, typically less than $5.00.
The Director of the Office of Consumer Affairs says “Consumers must always be on the alert whenever you receive unsolicited mail or telephone calls from a company or individual you do not know.”
What can you do: Always, always investigate an offer before sending in money. You can contact your local Better Business Bureau or the Ohio Attorney General at 1-800-282-0515.

Social Security: The Ticking Time Bomb

In just 18 short years, the Social Security fund is slated to run out of money. “There’s little that can be done to stop Social Security’s eventual collapse without tearing the program completely apart. The age to get full benefits has already been scheduled to be raised, the tax rates to support it have leapt more that five-fold since the program’s inception and the salary subject to that tax has increased from an inflation-adjusted $45,000 to over $100, 000” states Chuck Saletta, a frequent contributor to the Motley Fool column.
Once you add in the economy and the aging population, it becomes clear that Social Security cannot survive in its current form. Hopefully you plan on living at least another 18 years, and if you are counting on Social Security to be a big part of your retirement, you need to change that plan.

You must begin to do two things:

1) save to supplement your retirement at the earliest age possible;
2) take steps to preserve the assets you already have from unintended consequences such as an extended nursing home stay. 

You can accomplish both goals.

Your investment portfolio needs to be diversified and should include holdings in the stock market as well as fixed investments that do not take market risk. You should also take steps to develop trusts and other legal documents to protect your existing assets. There is no financial product, standing alone, such as an annuity, that can protect your financial assets from a catastrophic health problem. You must couple financial products with legal documents in order to protect your assets.
The worst thing you can do is rely on the government to take care of you. You must review your investments and savings to insure you can provide an adequate income for yourself.
Ask us about our suggestions on your investments for your particular case, or … if you intend to purchase financial products or have a financial product and have questions about whether it is protected from a catastrophic illness.




A Lesson Learned: Plan Now to Avoid Probate and Reduce Estate Tax

Today was a big day for my family as my son took his first steps into elementary school. Sure it was just kindergarten… but you would have thought by the reactions of my wife, myself, and about 40 other parents, that we were sending our kids off to college or boot camp! We watched as kids piled into their new classroom with backpacks busting with pencils, rulers, glue sticks, craft paper, lunchboxes, band-aids, paper towels, crayons and more! The kids looked prepared for anything and ready to take on new challenges. And, we parents were just as excited, wondering if we had done enough to get them ready for a new life stage where we would no longer be the sole influence in their rearing.

While I realize this was all probably more traumatic for me than my son, I spent a good portion of my ride into work today thinking about Jacob’s backpack, its contents, and how the most exciting thing my wife and I did all weekend was make sure that everything on the “supply list” made its way into the bag. We had to rush to find things on the school supply list, but in the end I know that we have given him all the tools he needs to be a successful kindergartner!

While much of the weekend was spent finding the best deal on glue sticks (Target) and the best deal on a bouncy ball (Walmart), a portion of my weekend was spent working on office matters that found their way home with me.
Last Thursday, I met with the “Smith” family and they were dealing with a crisis much larger than the first day kindergarten. Their crisis consisted of a combination of lung cancer, heart trouble, and a 35% chance of Mrs. Smith not making it out of a serious surgery that was taking place within the week. From what I could tell, the Smiths seemed to be a great Ohio family… they were hard workers and through that hard work they had accumulated significant wealth that included property in two states and over $1.3 million dollars in liquid assets. They came to our office to figure out what would happen if Mrs. Smith did not make it through the surgery.
Due to the fact that they had always had good health, the Smiths had put off doing any type of planning for life’s final stages, and had no plan in place for minimizing taxes, probate avoidance, or the distribution of their assets. They were in a state of high anxiety and stress over the heal situation, but the fact that they had no estate plan was sending the Smiths into a total panic. 

The Smith’s lacked even the basic documents—there were no financial powers of attorney, no Last Will and Testament, and no healthcare directives. They knew nothing about the benefits of creating and funding a living trust. They were admittedly unprepared, but by having the hardest working trust and estate planning department in Ohio (in our humble opinion), we were able to get a great plan in line for them in a very short time. Mrs. Smith was extremely relieved that we could help reduce some of her anxiety before her surgery. Being “prepared” and knowing that the right tools were in place to take care of her ill husband and disabled son, meant that more of her energy could be focused on her own health concerns.
My wife and I had a deadline to have our son’s school supplies that we knew about all summer … and yet we procrastinated. The Smith’s had their entire lives to think about making an estate plan to avoided probate, and minimize taxes for their heirs and set up an orderly distribution of their assets … and they procrastinated. Rushing to accomplish things is never the best scenario, but fortunately it worked out for both of our families – this time.
Even though we were able to accomplish the Smith’s goals at the last moment, we encourage you to plan early – don’t wait for a crisis! Not having their plan in place could have cost the family even more hours of stress, days of frustration with the court system, and thousands of dollars.
I challenge the readers of this blog to keep from procrastinating, get educated, and get prepared by having AT LEAST the minimum estate plan in order before the unthinkable happens.
While it is never too early to be prepared, putting things off can have very unintended results that can cause serious anxiety, family feuds, and significant monetary losses. Seek out advice today and make sure your goals and your plan are in sync so you can rest assured that you are prepared!

Basic Estate Planning Documents: Part 2

Durable Healthcare Power of Attorney

A Healthcare Power of Attorney (HCPOA) is a grant of authority regarding healthcare decisions from the principal to one or more agents effective when the principal is unable to make such decisions for him/herself. This document also directs the agent(s) as to the principal’s wishes regarding end of life decisions. Specifically, the principal indicates his/her preference regarding the withdrawal of life-sustaining support (i.e., artificially supplied hydration and nutrition) in the event of two physicians making the determination that the principal is permanently unconscious, or in an unrecoverable medical state. This decision is stated in the Ohio Living Will Declaration as well. Note: It is imperative that these documents reflect language regarding the privacy laws (HIPAA) in order to ensure that the document is enforceable and followed by the medical professionals to whom the documents will be produced. If a client has executed a HCPOA prior to the HIPAA laws going into effect, it is necessary to execute a HIPAA Addendum to the document.

Ohio Living Will Declaration

The Ohio Living Will Declaration (OLW) is the restatement of the client’s wishes regarding end of life decisions described above.

Basic Estate Planning Documents: Part 1

There are four basic estate planning documents that every individual should have, regardless of his/her income, assets, or property ownership:

- Last Will & Testament
- General Durable Financial (or Business) Power of Attorney
- Durable Healthcare Power of Attorney
- Ohio Living Will Declaration

Last Will & Testament
A Last Will and Testament (LW&T) is a document which directs the Probate Court to whom an individual’s assets are to be distributed at his/her death and, if the individual has a minor child, the LW&T also names who the individual would nominate as the minor child’s guardian. Even if the individual’s assets are “probate protected,” an individual should still have a LW&T in case something was forgotten or additional assets are discovered for the individual after his/her death. In regard to a LW&T, the executing individual is referred to as a “testator.”

General Durable Financial (or Business) Power of Attorney

A Power of Attorney (POA) is a grant of authority from one individual (referred to as a “principal”) to another individual (referred to as an “agent”) which allows the agent to act in the place of the principal if and when the principal is unable to act for him/herself. A General POA is a broad grant of authority, which means that rather than granting the agent the ability to take one specific action (which would be a limited grant of authority), the principal authorizes the agent to act generally regarding any number of actions which the principal may have performed on his/her own had he/she been capable of doing so. Ohio law requires specific language to be included in such a grant of authority if the principal wishes for the grant of authority to be enforceable both before and after the principal becomes incapacitated or disabled. Including this language makes the POA “durable” – which, again, means that even if the principal is no longer able to make decisions for him/herself, the POA will still be enforceable.
A Financial or Business POA limits the grant of authority to financial decisions. Hence, a General Durable Financial Power of Attorney will allow the agent to take any number of actions with regard to the principal’s financial assets before and after the principal is incapacitated or disabled. Please note that the financial assets to which this POA will apply are only those assets owned in the individual’s name and not those assets transferred to a trust. For Seniors, it is especially important to include provisions regarding the ability for the agent to make gifts — however this ability to gift must be used with caution so as not to minimize the Senior’s options with regard to Nursing Home Planning strategies.
We recommend that our clients grant POAs to at least two individuals.

Durable Power of Attorney

Virtually everyone needs a durable power of attorney to safeguard their assets during periods of incapacity. This document allows you to authorize another individual to manage your property and finances when you cannot yourself. In this document, you are considered to be the “principal” and the individual to whom you assign the power is your “agent” or “attorney-in-fact.” 

Your attorney-in-fact does not have to be a lawyer, but it should be someone you trust a great deal. (While a durable power of attorney enables your agent to take care of your responsibilities for you, it does not restrict you from doing these things on your own).

The word “durable” means that your power of attorney remains valid even if you become incompetent or incapacitated. This is a very important point because without a durable power of attorney for finances, a court proceeding for guardianship or conservatorship is probably inescapable. A costly and largely unnecessary exercise.

You may revoke your durable power of attorney at any time (as long as you are competent). If you do not revoke it, your durable power of attorney ends at your death.

Extreme care should be taken when drafting a durable power of attorney. If it’s not drafted right, you could end up in court or be subjected to financial exploitation.



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