Posts
Experts say that over a million people in the United States have chronic obstructive pulmonary disease (COPD). It is a chronic lung condition that includes bronchitis, emphysema or both.
COPD affects the airways and air sacs within the lungs, which makes breathing difficult and can result in a person becoming less active over time. An elderly person who has COPD will easily become depressed, when dealing not only with breathing difficulties but other age related problems.
Wednesday, September 8, 2010
Thursday, August 12, 2010
Getting Your Affairs In Order
If we had a crystal ball and could see into the future, we would not need to prepare ahead for end of life decisions.
James was 62 years old when a stroke made it impossible for him to communicate with his family. Neither his wife nor children knew anything about his financial or medical information. James had always taken care of things himself and left no written directives in his behalf. Besides having to locate important documents, the family was left to make their own decisions about James long term care.
The National Institute on Aging gives three simple, but important steps to putting your affairs in order:
•“Put your important papers and copies of legal documents in one place. You could set up a file, put everything in a desk or dresser drawer, or just list the information and location of papers in a notebook. If your papers are in a bank safe deposit box, keep copies in a file at home. Check each year to see if there's anything new to add.
•Tell a trusted family member or friend where you put all your important papers. You don't need to tell this friend or family member about your personal affairs, but someone should know where you keep your papers in case of emergency. If you don't have a relative or friend you trust, ask a lawyer to help.
•Give consent in advance for your doctor or lawyer to talk with your caregiver as needed. There may be questions about your care, a bill, or a health insurance claim. Without your consent, your caregiver may not be able to get needed information. You can give your okay in advance to Medicare, a credit card company, your bank, or your doctor. You may need to sign and return a form.” National Institute on Aging http://www.nia.nih.gov
Preparing Advance Directives or Living Will
Advance directives are legal documents that state the kind of medical care or end of life decisions you want made in your behalf. It is a way for you to communicate your wishes to family or health care professionals. Emergency response medical personnel cannot honor Advance directives or living wills. They are required to save and stabilize a person for transfer to a hospital or emergency facility. Once at the facility a physician will honor the directives.
The Living Will as part of your directives gives your consent or refusal for sustained medical treatment when you are not able to give it yourself. If this document is not in place then a family member or physician will decide such things as:
•Resuscitation if breathing or heartbeat stops
•Use of breathing machines
•Use of feeding tubes
•Medications or medical procedures
Advance Directives and Living Wills are legal throughout the United States; however, some states may not honor other states' directive documents. Be sure to check with the state you live in for their requirements.
Review your directives periodically. They do not expire, but your wishes may change.
A new or revised Advanced Directive invalidates the old one. Be sure your family member or healthcare proxy has a current copy.
Choosing a Power of Attorney
General Power of Attorney - authorizes someone to handle your financial, banking and possibly real estate and government affairs as long as you remain competent.
Special Power of Attorney - authorizes someone you designate to handle certain things you cannot do yourself for a period of time.
Durable" Power of Attorney -The general, special and health care powers of attorney can all be made "durable" by adding certain text to the document. This means that the document will remain in effect or take effect if you become mentally incompetent.
Many people do not know the difference between a general and a durable power of attorney. A general power of attorney is a document by which you appoint a person to act as your agent.
Agents are authorized to make decisions for you, sign legal documents, etc. Many people are unaware that a General Power of Attorney is revoked when the person granting that power becomes incompetent or incapacitated.
It is the "Durable" Power of Attorney that allows for an agent to continue making decisions on your behalf no matter what happens to you. A responsible adult child of an aging parent would be given a "durable power of attorney" to act on behalf of the parent. This provides broader authority than just adding the child's name to bank accounts and documents.
You may choose to produce notarized power of attorney documents on your own. If your estate is large and real estate or business is included it is advised to secure a reliable attorney.
James was 62 years old when a stroke made it impossible for him to communicate with his family. Neither his wife nor children knew anything about his financial or medical information. James had always taken care of things himself and left no written directives in his behalf. Besides having to locate important documents, the family was left to make their own decisions about James long term care.
The National Institute on Aging gives three simple, but important steps to putting your affairs in order:
•“Put your important papers and copies of legal documents in one place. You could set up a file, put everything in a desk or dresser drawer, or just list the information and location of papers in a notebook. If your papers are in a bank safe deposit box, keep copies in a file at home. Check each year to see if there's anything new to add.
•Tell a trusted family member or friend where you put all your important papers. You don't need to tell this friend or family member about your personal affairs, but someone should know where you keep your papers in case of emergency. If you don't have a relative or friend you trust, ask a lawyer to help.
•Give consent in advance for your doctor or lawyer to talk with your caregiver as needed. There may be questions about your care, a bill, or a health insurance claim. Without your consent, your caregiver may not be able to get needed information. You can give your okay in advance to Medicare, a credit card company, your bank, or your doctor. You may need to sign and return a form.” National Institute on Aging http://www.nia.nih.gov
Preparing Advance Directives or Living Will
Advance directives are legal documents that state the kind of medical care or end of life decisions you want made in your behalf. It is a way for you to communicate your wishes to family or health care professionals. Emergency response medical personnel cannot honor Advance directives or living wills. They are required to save and stabilize a person for transfer to a hospital or emergency facility. Once at the facility a physician will honor the directives.
The Living Will as part of your directives gives your consent or refusal for sustained medical treatment when you are not able to give it yourself. If this document is not in place then a family member or physician will decide such things as:
•Resuscitation if breathing or heartbeat stops
•Use of breathing machines
•Use of feeding tubes
•Medications or medical procedures
Advance Directives and Living Wills are legal throughout the United States; however, some states may not honor other states' directive documents. Be sure to check with the state you live in for their requirements.
Review your directives periodically. They do not expire, but your wishes may change.
A new or revised Advanced Directive invalidates the old one. Be sure your family member or healthcare proxy has a current copy.
Choosing a Power of Attorney
General Power of Attorney - authorizes someone to handle your financial, banking and possibly real estate and government affairs as long as you remain competent.
Special Power of Attorney - authorizes someone you designate to handle certain things you cannot do yourself for a period of time.
Durable" Power of Attorney -The general, special and health care powers of attorney can all be made "durable" by adding certain text to the document. This means that the document will remain in effect or take effect if you become mentally incompetent.
Many people do not know the difference between a general and a durable power of attorney. A general power of attorney is a document by which you appoint a person to act as your agent.
Agents are authorized to make decisions for you, sign legal documents, etc. Many people are unaware that a General Power of Attorney is revoked when the person granting that power becomes incompetent or incapacitated.
It is the "Durable" Power of Attorney that allows for an agent to continue making decisions on your behalf no matter what happens to you. A responsible adult child of an aging parent would be given a "durable power of attorney" to act on behalf of the parent. This provides broader authority than just adding the child's name to bank accounts and documents.
You may choose to produce notarized power of attorney documents on your own. If your estate is large and real estate or business is included it is advised to secure a reliable attorney.
Wednesday, July 14, 2010
Applying for the Veteran’s Aid and Attendance Pension --My Experience By Melissa Howell.
12:20 a.m. The clock was blurry as I rubbed the sleep from my eyes to answer the phone.
“Hello”, I said.
A weak and frightened voice on the other end pleaded, “Melissa? Is Bryan there? I can’t get out of my chair. Could you or Bryan come over?”
I sighed as I handed the phone to my husband and heard him say, “I’ll be right over, Dad.”
When Bryan left, I pondered on my father-in-law, John, and his situation. John had just come out of the hospital after a serious illness and although the doctor had assured us he would be fine, we quickly learned that he was not able to care for himself. He lived alone in a small apartment and had in-home health care assistance through his Medicare plan. They came once a day to help him with a shower and to aid him with incontinence. Bryan and I came over three times a day to help him with changing his clothes and to make his meals. In addition, we helped him with his bills and took him to his frequent doctor appointments. Tonight was the first time he had called to ask for help in the middle of the night. We needed to do something different. We were both exhausted between working our jobs and caring for our four young children and constantly running out to take care of John’s needs. It was becoming more than we could handle. We realized we really needed to get him into assisted living.
John lived comfortably on an income consisting of social security and a retirement pension, but as we visited different assisted living homes in our immediate area, we quickly realized that this income was not enough. Assisted living was really expensive!
John had served in the Navy during the Korean conflict and we had heard through a friend that veterans could receive assistance through the Department of Veteran’s affairs for health care. The catch was doing it correctly. Our friend referred us to a Veteran’s Consultant from the National Care Planning Council to provide information for the challenging task of filling out the paperwork to receive this benefit. A Veteran’s Consultant can provide general information on how a claim is filed. Our consultant told us about all of the necessary supporting documents we would need to make sure it was approved.
The paper work was pretty daunting, but we worked through each form thoroughly to be sure that we were providing all the information Veterans Affairs (VA) would need in order to expedite John’s payments.
First, I obtained a medical report from John’s doctor -- the most crucial step in the process. This form would prove that John needed aid and attendance. In our case, the doctor described his medical condition and then noted specifically his need for help with incontinence and showers, his lack of motivation to make meals for himself and his inability to leave the house alone. It was, however; important to us that the doctor wrote that John was mentally capable of making his own decisions, because we did not want to go through a delaying process of having VA assign somebody who would need to pay his bills for him (VA calls this person a fiduciary).
Another key thing was that John had to show evidence to VA that his care costs were close to or exceeded his income. Fortunately, John had a small amount of savings and he was able to pay in full for the first month’s payment to his assisted living home. This was important, because the statement showing this payment was important evidence needed to present to VA. Since his assisted living cost exceeded his income by $1,000 per month, we arranged with the director, to pay what John could afford until the benefit from VA came in and then the director agreed to pay the remaining debt balance on the account at that time.
An important form was John's original DD-214, which was the official record showing that he had been honorably discharged from the military. I quickly found a certificate of honorable discharge (DD-256) but this was not the correct form. We searched through all of his files and boxes and couldn’t find the DD-214. So I got on the Internet and found a website for the National repository where the official forms can be obtained. It appeared that it could take up to 6 weeks to receive an official copy. Fortunately, we found the original document folded in his wallet and we did not have to delay our process.
One of the forms my Consultant made me aware of was a VA power of attorney form (VA form 21-22a) that gave me the authority to fill out and submit the forms to VA on behalf of John. Although John was mentally sound, he was weak and tired and didn’t really want to do anything but watch television and eat. With this form, I was able to communicate with VA in his behalf.
There were several other forms to fill out and after all the paperwork was finished, my Veteran’s consultant gave us the address of where to send all of them. Our particular VA processing office was located in St. Paul, Minnesota.
After about two weeks, John and I each received a letter stating that VA was working on his case and they assigned him a case file number. After another two weeks, we received a letter stating that we needed to fill out some other paper work. I showed these to my consultant, who assured me, in our case, that it was standard procedure and that the paper work I had originally filed was sufficient. Within another two weeks, John received his first payment.
Because his care cost exceeded his income, he was awarded the full $1644.00 per month. VA sent another payment from the date that they had first issued his case number. So in the first month, we received two payments. These were sufficient to catch up the debt he owed to his assisted living and to continue with full payments each month.
Applying for the VA Aid and Attendance Pension was detailed, but it was not terribly frustrating because of the general information on the application process I received from my consultant. It did require extra work on my part, but it was well worth the end result of getting the care that John needed and the relief that Bryan and I needed in the end. I am grateful that we had such a wonderful resource in National Care Planning Council to help us find a capable and informative Veteran’s Consultant.
Bryan and I now see John twice a week and visit with his assisted living staff often to help him have a comfortable and enjoyable life in his new home. He is able to enjoy activities and meals with other people, have quality personal care and have the peace of mind that someone is always there to help him. I now sleep at ease through the night, knowing that his needs are taken care of and that there won’t be any middle of the night calls asking for help.
The National Care Planning Council wishes to thank Melissa for providing her experience. We maintain a list of consultants across the country which can be found at the following address: www.veteranslisting.com. We also provide a book with instructions to help people who want to file an application by themselves. This book can be purchased online at http://www.longtermcarelink.net/a16books.htm.
“Hello”, I said.
A weak and frightened voice on the other end pleaded, “Melissa? Is Bryan there? I can’t get out of my chair. Could you or Bryan come over?”
I sighed as I handed the phone to my husband and heard him say, “I’ll be right over, Dad.”
When Bryan left, I pondered on my father-in-law, John, and his situation. John had just come out of the hospital after a serious illness and although the doctor had assured us he would be fine, we quickly learned that he was not able to care for himself. He lived alone in a small apartment and had in-home health care assistance through his Medicare plan. They came once a day to help him with a shower and to aid him with incontinence. Bryan and I came over three times a day to help him with changing his clothes and to make his meals. In addition, we helped him with his bills and took him to his frequent doctor appointments. Tonight was the first time he had called to ask for help in the middle of the night. We needed to do something different. We were both exhausted between working our jobs and caring for our four young children and constantly running out to take care of John’s needs. It was becoming more than we could handle. We realized we really needed to get him into assisted living.
John lived comfortably on an income consisting of social security and a retirement pension, but as we visited different assisted living homes in our immediate area, we quickly realized that this income was not enough. Assisted living was really expensive!
John had served in the Navy during the Korean conflict and we had heard through a friend that veterans could receive assistance through the Department of Veteran’s affairs for health care. The catch was doing it correctly. Our friend referred us to a Veteran’s Consultant from the National Care Planning Council to provide information for the challenging task of filling out the paperwork to receive this benefit. A Veteran’s Consultant can provide general information on how a claim is filed. Our consultant told us about all of the necessary supporting documents we would need to make sure it was approved.
The paper work was pretty daunting, but we worked through each form thoroughly to be sure that we were providing all the information Veterans Affairs (VA) would need in order to expedite John’s payments.
First, I obtained a medical report from John’s doctor -- the most crucial step in the process. This form would prove that John needed aid and attendance. In our case, the doctor described his medical condition and then noted specifically his need for help with incontinence and showers, his lack of motivation to make meals for himself and his inability to leave the house alone. It was, however; important to us that the doctor wrote that John was mentally capable of making his own decisions, because we did not want to go through a delaying process of having VA assign somebody who would need to pay his bills for him (VA calls this person a fiduciary).
Another key thing was that John had to show evidence to VA that his care costs were close to or exceeded his income. Fortunately, John had a small amount of savings and he was able to pay in full for the first month’s payment to his assisted living home. This was important, because the statement showing this payment was important evidence needed to present to VA. Since his assisted living cost exceeded his income by $1,000 per month, we arranged with the director, to pay what John could afford until the benefit from VA came in and then the director agreed to pay the remaining debt balance on the account at that time.
An important form was John's original DD-214, which was the official record showing that he had been honorably discharged from the military. I quickly found a certificate of honorable discharge (DD-256) but this was not the correct form. We searched through all of his files and boxes and couldn’t find the DD-214. So I got on the Internet and found a website for the National repository where the official forms can be obtained. It appeared that it could take up to 6 weeks to receive an official copy. Fortunately, we found the original document folded in his wallet and we did not have to delay our process.
One of the forms my Consultant made me aware of was a VA power of attorney form (VA form 21-22a) that gave me the authority to fill out and submit the forms to VA on behalf of John. Although John was mentally sound, he was weak and tired and didn’t really want to do anything but watch television and eat. With this form, I was able to communicate with VA in his behalf.
There were several other forms to fill out and after all the paperwork was finished, my Veteran’s consultant gave us the address of where to send all of them. Our particular VA processing office was located in St. Paul, Minnesota.
After about two weeks, John and I each received a letter stating that VA was working on his case and they assigned him a case file number. After another two weeks, we received a letter stating that we needed to fill out some other paper work. I showed these to my consultant, who assured me, in our case, that it was standard procedure and that the paper work I had originally filed was sufficient. Within another two weeks, John received his first payment.
Because his care cost exceeded his income, he was awarded the full $1644.00 per month. VA sent another payment from the date that they had first issued his case number. So in the first month, we received two payments. These were sufficient to catch up the debt he owed to his assisted living and to continue with full payments each month.
Applying for the VA Aid and Attendance Pension was detailed, but it was not terribly frustrating because of the general information on the application process I received from my consultant. It did require extra work on my part, but it was well worth the end result of getting the care that John needed and the relief that Bryan and I needed in the end. I am grateful that we had such a wonderful resource in National Care Planning Council to help us find a capable and informative Veteran’s Consultant.
Bryan and I now see John twice a week and visit with his assisted living staff often to help him have a comfortable and enjoyable life in his new home. He is able to enjoy activities and meals with other people, have quality personal care and have the peace of mind that someone is always there to help him. I now sleep at ease through the night, knowing that his needs are taken care of and that there won’t be any middle of the night calls asking for help.
The National Care Planning Council wishes to thank Melissa for providing her experience. We maintain a list of consultants across the country which can be found at the following address: www.veteranslisting.com. We also provide a book with instructions to help people who want to file an application by themselves. This book can be purchased online at http://www.longtermcarelink.net/a16books.htm.
Thursday, June 10, 2010
Recognizing Symptoms of Dementia
The Brown family reunion has always been an event everyone looks forward to. Family visits, games, stories and everyone’s favorite foods are always on the agenda. On the top of the menu is Grandmas Lemon Coconut Cake. Grandma always makes the traditional cake from her old family recipe. This year, however, the cake tasted a little on the salty side, perhaps a half cup full of salty.
Though the family was disappointed over the cake, of more concern was Grandma’s confusion with the recipe and her similar confusion about the loved ones around her. Could something be wrong with grandma's mental state?
One might say that for an elder person a little forgetfulness or confusion is normal, but when do you know if there is a serious problem, such as dementia?
An online article from FamilyDoctor.org outlines some common symptoms in recognizing dementia.
"Dementia causes many problems for the person who has it and for the person's family. Many of the problems are caused by memory loss. Some common symptoms of dementia are listed below. Not everyone who has dementia will experience all of these symptoms.
•Recent memory loss. All of us forget things for a while and then remember them later. People who have dementia often forget things, but they never remember them. They might ask you the same question over and over, each time forgetting that you've already given them the answer. They won't even remember that they already asked the question.
•Difficulty performing familiar tasks. People who have dementia might cook a meal but forget to serve it. They might even forget that they cooked it.
Problems with language. People who have dementia may forget simple words or use the wrong words. This makes it hard to understand what they want.
•Time and place disorientation. People who have dementia may get lost on their own street. They may forget how they got to a certain place and how to get back home.
Poor judgment. Even a person who doesn't have dementia might get distracted. But people who have dementia can forget simple things, like forgetting to put on a coat before going out in cold weather.
•Problems with abstract thinking. Anybody might have trouble balancing a checkbook, but people who have dementia may forget what the numbers are and what has to be done with them.
•Misplacing things. People who have dementia may put things in the wrong places. They might put an iron in the freezer or a wristwatch in the sugar bowl. Then they can't find these things later.
•Changes in mood. Everyone is moody at times, but people who have dementia may have fast mood swings, going from calm to tears to anger in a few minutes.
Personality changes. People who have dementia may have drastic changes in personality. They might become irritable, suspicious or fearful.
•Loss of initiative. People who have dementia may become passive. They might not want to go places or see other people."
Dementia is caused by change or destruction of brain cells. Often this change is a result of small strokes or blockage of blood cells, severe hypothyroidism or Alzheimer’s disease. There is a continuous decline in ability to perform normal daily activities. Personal care including dressing, bathing, preparing meals and even eating a meal eventually becomes impossible.
What can family members do if they suspect dementia? An appointment with the doctor or geriatric clinic is the first step to take. Depending on the cause and severity of the problem there are some medications that may help slow the process. Your doctor may recommend a care facility that specializes in dementia and Alzheimer’s. These facilities offer a variety of care options from day care with stimulating activities to part or full-time live-in options. Sometimes if patients tend to wander off, a locked facility is needed.
In the beginning family members find part time caregivers for their loved one. At first, loved ones need only a little help with remembering to do daily activities or prepare meals. As dementia progresses, caregiving demands often progress to 24 hour care. Night and day become confused and normal routines of sleeping, eating and functioning become more difficult for the patient. The demented person feels frustrated and may lash out in anger or fear. It is not uncommon for a child or spouse giving the care to quickly become overwhelmed and discouraged.
Family gatherings provide an excellent opportunity to discuss caregiving plans and whole family support. It is most helpful if everyone in the family is united in supporting a family caregiver in some meaningful way.
"The first step to holding a family meeting, and perhaps the most difficult one, is to get all interested persons together in one place at one time. If it's a family gathering, perhaps a birthday, an anniversary or another special event could be used as a way to get all to meet. Or maybe even a special dinner might be an incentive.
The end of the meeting should consist of asking everyone present to make his or her commitment to support the plan. This might just simply be moral support and agreement to abide by the provisions or it is hoped that those attending will volunteer to do something constructive. This might mean commitments to providing care, transportation, financial support, making legal arrangements or some other tangible support." The Four Steps of Long Term Care Planning
Professional home care services are an option to help families in the home. These providers are trained and skilled to help with dementia patients. Don’t forget care facilities as well. It may be the best loving care a family member can give is to place their loved one in a facility where that person is safely monitored and cared for.
The National Care Planning Council supports caregiving services throughout the country.
http://www.longtermcarelink.net/
Though the family was disappointed over the cake, of more concern was Grandma’s confusion with the recipe and her similar confusion about the loved ones around her. Could something be wrong with grandma's mental state?
One might say that for an elder person a little forgetfulness or confusion is normal, but when do you know if there is a serious problem, such as dementia?
An online article from FamilyDoctor.org outlines some common symptoms in recognizing dementia.
"Dementia causes many problems for the person who has it and for the person's family. Many of the problems are caused by memory loss. Some common symptoms of dementia are listed below. Not everyone who has dementia will experience all of these symptoms.
•Recent memory loss. All of us forget things for a while and then remember them later. People who have dementia often forget things, but they never remember them. They might ask you the same question over and over, each time forgetting that you've already given them the answer. They won't even remember that they already asked the question.
•Difficulty performing familiar tasks. People who have dementia might cook a meal but forget to serve it. They might even forget that they cooked it.
Problems with language. People who have dementia may forget simple words or use the wrong words. This makes it hard to understand what they want.
•Time and place disorientation. People who have dementia may get lost on their own street. They may forget how they got to a certain place and how to get back home.
Poor judgment. Even a person who doesn't have dementia might get distracted. But people who have dementia can forget simple things, like forgetting to put on a coat before going out in cold weather.
•Problems with abstract thinking. Anybody might have trouble balancing a checkbook, but people who have dementia may forget what the numbers are and what has to be done with them.
•Misplacing things. People who have dementia may put things in the wrong places. They might put an iron in the freezer or a wristwatch in the sugar bowl. Then they can't find these things later.
•Changes in mood. Everyone is moody at times, but people who have dementia may have fast mood swings, going from calm to tears to anger in a few minutes.
Personality changes. People who have dementia may have drastic changes in personality. They might become irritable, suspicious or fearful.
•Loss of initiative. People who have dementia may become passive. They might not want to go places or see other people."
Dementia is caused by change or destruction of brain cells. Often this change is a result of small strokes or blockage of blood cells, severe hypothyroidism or Alzheimer’s disease. There is a continuous decline in ability to perform normal daily activities. Personal care including dressing, bathing, preparing meals and even eating a meal eventually becomes impossible.
What can family members do if they suspect dementia? An appointment with the doctor or geriatric clinic is the first step to take. Depending on the cause and severity of the problem there are some medications that may help slow the process. Your doctor may recommend a care facility that specializes in dementia and Alzheimer’s. These facilities offer a variety of care options from day care with stimulating activities to part or full-time live-in options. Sometimes if patients tend to wander off, a locked facility is needed.
In the beginning family members find part time caregivers for their loved one. At first, loved ones need only a little help with remembering to do daily activities or prepare meals. As dementia progresses, caregiving demands often progress to 24 hour care. Night and day become confused and normal routines of sleeping, eating and functioning become more difficult for the patient. The demented person feels frustrated and may lash out in anger or fear. It is not uncommon for a child or spouse giving the care to quickly become overwhelmed and discouraged.
Family gatherings provide an excellent opportunity to discuss caregiving plans and whole family support. It is most helpful if everyone in the family is united in supporting a family caregiver in some meaningful way.
"The first step to holding a family meeting, and perhaps the most difficult one, is to get all interested persons together in one place at one time. If it's a family gathering, perhaps a birthday, an anniversary or another special event could be used as a way to get all to meet. Or maybe even a special dinner might be an incentive.
The end of the meeting should consist of asking everyone present to make his or her commitment to support the plan. This might just simply be moral support and agreement to abide by the provisions or it is hoped that those attending will volunteer to do something constructive. This might mean commitments to providing care, transportation, financial support, making legal arrangements or some other tangible support." The Four Steps of Long Term Care Planning
Professional home care services are an option to help families in the home. These providers are trained and skilled to help with dementia patients. Don’t forget care facilities as well. It may be the best loving care a family member can give is to place their loved one in a facility where that person is safely monitored and cared for.
The National Care Planning Council supports caregiving services throughout the country.
http://www.longtermcarelink.net/
Thursday, May 13, 2010
Saturday, April 24, 2010
Tuesday, April 20, 2010
The Colorado Estate Planner Gets Added to the ABA Journal Blawg Directory
The ABA Journal Blawg Directory recently added The Colorado Estate Planner to its directory. To see visit http://www.abajournal.com/blawg/The_Colorado_Estate_Planner
The most important part of this achievement for the blog and/or blawg is in conveying this:
Blawg Search: We've [ABA Journal] partnered with Justia.com, the leading legal information portal, to create a search engine covering all of the 2,600-plus blogs in our directory -- including yours. It's like Google for lawyers, pinpointing in an instant the most sophisticated and up-to-date commentary by legal professionals on any topic. Use the search box at the top of any of our pages (including our homepage: http://www.abajournal.com/), and on the search results page click on the "Blawg Results" tab. Plus you can subscribe to an RSS feed of any search to follow the results in your feed reader.
Thank you for visiting and reading as well as all of your support. A special thanks also goes out to The ABA Journal.
The most important part of this achievement for the blog and/or blawg is in conveying this:
Blawg Search: We've [ABA Journal] partnered with Justia.com, the leading legal information portal, to create a search engine covering all of the 2,600-plus blogs in our directory -- including yours. It's like Google for lawyers, pinpointing in an instant the most sophisticated and up-to-date commentary by legal professionals on any topic. Use the search box at the top of any of our pages (including our homepage: http://www.abajournal.com/), and on the search results page click on the "Blawg Results" tab. Plus you can subscribe to an RSS feed of any search to follow the results in your feed reader.
Thank you for visiting and reading as well as all of your support. A special thanks also goes out to The ABA Journal.
Saturday, April 10, 2010
Thursday, April 8, 2010
Vitamins and Mineral Supplements Are Important for Older People
Research has discovered that as we age, our diets and our need for dietary supplements change. Doctors are increasingly concerned about boosting the levels of vitamins and minerals that we need as we grow older.
As most people get older, they tend to eat less due to a loss of appetite. As a result, many elderly individuals do not take in adequate amounts of vitamins and other nutrients as they did when they were younger. Other factors that can affect appetite and the inadequate uptake of vital nutrients are medications, medical complications, certain disabilities, diabetes, changes in the digestive system and even the changes in our skin as we age. One study estimates that one-third of the elderly are alarmingly low on important vitamins and minerals. Another study indicates that two thirds of the elderly patients admitted to a hospital are mal-nourished, resulting in low levels of vital nutrients. When a person is vitamin and mineral deficient, he or she is more susceptible to illness and infections. It is estimated that deaths due to infections are ten times more likely in the elderly.
Vitamins
So what is a vitamin and why is it so essential to our bodies? A vitamin is a molecule that our bodies needs to carry out certain biological functions. With only a few exceptions, the body has no way to create vitamin molecules itself, so these vital building blocks must come in through food that we eat. The human body is known to need at least 13 different vitamins. We are able to store some of these for long periods of time in fat cells or in the liver -- such as vitamin A -- but most vitamins need to be replenished frequently.
Vitamins don't supply us with energy. We need protein, carbohydrates, and fats for that. What vitamins do is to help the carbohydrates, fats, and proteins release energy. These vital compounds are very important and they are required for all sorts of complex chemical reactions in our bodies. Vitamins are also needed to assist the enzymes that repair tissue and help with the production of cells. Many studies show that vitamins and minerals can help or prevent some of the disorders or diseases related to aging.
There are two types of vitamins -- water soluble and fat soluble. Water soluble vitamins are not stored in our bodies. They pass through our bodies quickly. In order to keep these nutrients in our bodies we have to consume them frequently. Water soluble vitamins contribute to our health, energy and stamina. This type of vitamin also helps in the function of over one hundred enzymes and chemical reactions that give our bodies energy. Listed below are some of the well known water soluble vitamins and their benefits.
•Vitamin B5 – good for reducing swelling
•Vitamin B3 – reduces tissue swelling and helps increase blood flow.
•Vitamin B12 – This is the most vital of the B's. It aids in the formation of cells, myelin production, healthy nerves, and maintaining immune system and mental function.
•Vitamin C – Vitamin C helps in the formation of cartilage and bone. Some studies have shown it may reduce the progression of osteoarthritis.
Fat soluble vitamins are vitamins that stay in the body and are typically stored in the liver. You can usually receive enough of these compounds by eating a well balanced diet. Any condition that can interfere with the absorption of fat in the body like tuberculosis, cystic fibrosis, hypothyroidism, lactose intolerance, and many other diseases or disorders can cause deficiencies in these vitamins. Before taking the daily recommended dose of fat soluble vitamins you must consult your doctor. Overdosage of these substances can cause a toxic build-up in your body. Listed below are the major fat soluble vitamins.
•Vitamin A – Lungs, throat and mouth depend on vitamin A to retain moisture. This compound is also important for your skin, bones, teeth, digestive system, urinary tract, eyes and aids in preventing skin disorders like acne, boils, and bumpy skin. Some studies show that it may aid in slowing the aging process.
•Vitamin K – plays an important role in the clotting of blood. Research has linked vitamin K to bone health.
•Vitamin D – is produced in the skin by exposure to the sun. Deficiencies mostly occur in people living in northern latitudes where daylight is brief during winter months. Changes in skin as we age can also cause poor production of vitamin D. Studies show that osteoporosis might progress faster in women with low levels of vitamin D. This compound is essential in helping the body absorb make that lowercase and maintaining strong bones.
Minerals
Unlike vitamins, minerals are not manufactured by plants or animals. Minerals form in the earth, and are absorbed by plants and found in animals that eat the plants. Listed below are some of the essential minerals needed to maintain a healthy body.
Iron – helps carry oxygen throughout the body. Iron also helps the immune system ward off foreign entities.
Calcium – Most women as they get older need calcium supplements to prevent bone loss that causes osteoporosis. Calcium supplements will not do you any good if you do not have the right levels of vitamin D. your body cannot absorb calcium without vitamin D.
Zinc – Zinc deficiencies can affect skin, nerves, and the body’s immune system.
It is important that you take vitamin and mineral supplements with food. Fat soluble vitamins require fat ingestion to result in the best absorption. It is best to take your supplements at the biggest meal of the day.
We use vitamins every day to support the processes our bodies use to maintain life. Ongoing reduced levels of vitamins can make you weak and more vulnerable to disease. Proper nutrition with vitamins and minerals is vital for seniors to maintain a healthy lifestyle. Other health issues related to aging are discussed on the National Care Planning Council website at http://www.longtermcarelink.net./
Thank you for reading.
Sunday, April 4, 2010
Checklist for Marketing Your Elder Law Practice
Basic Components of a Marketing Plan
□ Firm Website: Have you recently established a brand new law elder law firm? A handsome, professional-looking website is every bit as vital today as a telephone listing. Enlist the services of a website designer with vast experience in creating websites for lawyers.
□ Advertising: While most practitioners report mixed success with TV and radio advertising (which can be pricey, too), the use of traditional:
(1) Yellow Pages (both print and online) is highly recommended.
(2) Weekly church and synagogue “bulletins” – those fliers distributed at weekly religious services loaded with congregational news and ads from local businesses.
(3) Local community papers – typical they come out weekly and ad space is pretty cheap.
(4) Remember: advertising is successful only if it is sustained, repetitive and consistent over time.
□ Lawyers.com: A free website designed for non-lawyers to help them locate attorneys in their locality who specialize in a host of practice areas, Lawyers.com reached its 2 millionth visitor in 2009.
□ Community Seminars: There is no substitute for visibility in one's community. With the exception of America’s smallest towns, just about every municipality has one or more social organization(s) catering to senior citizens, with names like the “Golden Agers”. In mid-sized or larger towns, the municipal government likely has a senior center where weekly meetings are held, or at least a city agency dedicated to the needs of seniors. Get in touch with them and find out about these meetings:
o Get yourself invited to a meeting.
o Important: Tell the club’s president that you’ll be supplying free refreshments for the meeting – platters of cookies or boxes of donuts, plus coffee, tea and soft drinks.
o Offer a special 15% discount to those who mention this meeting when they visit your office.
o Note: In recent years, speaking before such groups has become an increasingly competitive activity, with some national organizations even providing model advertisements, scripted seminars and pre-packaged documents so that any attorney can be an instant "elder law expert."
o Finally, a sustained schedule of community seminars is essential if success is to be achieved. So, be aggressive: at least once each month, schedule an appearance in a different town or community.
□ Informational Handouts: On topics such as Medicaid and asset preservation, revocable trusts, durable powers of attorney, estate tax planning, etc., these handouts are a low-cost investment with potentially significant returns. Pass them out at the community seminars (above). Also, attach them to your website in a PDF or Word document.
□ Firm Newsletter: Maintaining contact with your client community is necessary if referrals and return business are expected. Desktop publishing software allows any office to publish a presentable, professional-looking newsletter. Practitioners are urged to author their own newsletter in their own style, rather than rely on generic articles from national publishers. A state-specific and more local focus is essential. Again remember to post this newsletter to your firm’s website so that non-clients who visit may access the newsletters for free.
□ Offer to Author Articles: Most professional publications are in need of high-quality, well-researched articles. Do not hesitate to contact such journals and offer to author articles. When done, make multiple reprints for distribution to existing and professional clients, as well as referral sources.
□ Submit Short Articles or Blog Entries to Leading Websites: For example, this website, The Estate Practice & Elder Law Center, gladly accepts blog entries and even full-blown articles from lawyers, certified estate planners and investment advisors and similar professionals. There are two blogs – one on “Estate Planning & Probate” and another on “Elder Law”. In August alone, this website drew 2,594 separate visits. For those wishing to submit blog entries or articles, just email them to Raymond.p.camiscioli@lexisnexis.com
□ Use of Audio- or Videotapes: Some practitioners make audio- or videotapes for free distribution to existing and potential clients. Again, these can be incorporated into the firm’s website, too. The success of such marketing tools will depend on the ability of the practitioner to convey information in an understandable, comfortable manner. Not all practitioners are blessed with this ability.
□ Establish Referral Sources: There are many professionals who need attorneys to whom they can refer clients. These include accountants, geriatric care managers, social workers, and professionals in hospitals and other medical institutions, and insurance professionals. Let’s face it: the establishment of such a referral network will consume years of relationship-building efforts and cannot be rushed.
□ Reward Referral Sources: Every referral should be acknowledged. While words (a telephone call, an e-mail, a letter) are adequate, consider tangible rewards such as chocolate, flowers, a gift basket or gift certificate. Referral fees may be appropriate, taking care to comply with applicable rules and limitations.
□ Offer Free Visits to Home, Hospital, Nursing Home and Similar Facilities: Physicians abhor home visits, and older patients long for the "good old days" when one's doctor made house calls. Offering home, hospital and nursing home visits will both attract business and present the proper image of an elder law attorney who cares about his clients as human beings. Merely offering such services, in other words, can be remarkably helpful in building a successful practice.
□ Become Involved with Professional and Community Organizations. Serving as chair, vice-chair or a member of the elder law committee of the state bar association, or on the board of directors of a non-profit organization serving the elderly, creates the opportunity to educate the professional legal community or the local “lay” community about a practitioner's areas of expertise. As important, it is a means of "giving back'' to a community. Examples include the local Alzheimer's Association and organizations that address the needs of disabled adults.
Thursday, April 1, 2010
Wednesday, March 24, 2010
Wednesday, March 17, 2010
Wednesday, March 10, 2010
Saturday, February 27, 2010
Thursday, February 18, 2010
Friday, February 5, 2010
Monday, January 25, 2010
Identity Theft of the Deceased? Steps You Can Take to Prevent Identity Theft of a Deceased Family Member
I have seen an 5-year-old's identity used by criminals for financial gain, and I have seen an 85-year-old's used for the same - I have also seen someone no longer living whose identity was stolen to use for criminal purposes. All of these were unfortunate and taxing on the families dealing with the victimization of a loved one by identity theft. However, I feel the "grave robber" identity thief scenario to be one that is somewhat more disturbing; one who steals certainly stoops to a low level, but robbing the dead takes on another baseless level of moral turpitude . In any event, identity theft in particular is highly troubling to many because of the feeling of helplessness as far as preventing it from occurring, whether for the living or the deceased.
Specifically, I would like to examine the identity theft of a deceased family member. Regardless of the fact that one is deceased, postmortem identity theft injures the living, especially dependents who are relying upon the estate for their support. As such, clients who have contacted me for assistance in the probate process, usually the personal representative, want to know everything they can do to preserve the estate's assets. With equal importance to some of the other financial affairs, preventing identity theft of the deceased person is on the list of "items to do" - when one dies, they are unfortunately exposed to the public record as a deceased individual thus making them a more unique and vulnerable target by identity theft criminals.
It is a good idea to follow these steps you can take to prevent identity theft of a deceased family member:
(1) Consolidate and collect all of the documents, financial and otherwise, belonging to the deceased. This may be an overwhelming task given what one can accumulate in a lifetime, but it is essential for the personal representative of the estate, or executor/executrix, for probate matters and the closing of the estate. Keep these in one, secure, place. By documents, collect also anything electronically stored including the devices storing such data, i.e. computers, disks, CDs, etc.
(2) Write discreet obituaries. Keep in mind, that anything you publish becomes both public and brings attention to the fact of the family member's death. As such, avoid writing anything that reveals too much about the deceased's background, occupation, names of spouses and parents, as these can be used by identity theft criminals to open accounts.
(3) Safeguard death certificates and store the original in your safe or deposit box. Also, send death certificates only to trusted institutions and give only to trusted individuals helping you. Therefore, by working with local tax professionals and persons assisting you in the probate and administrative process it can be less risky than those operating from a “remote” location. When the typical estate may need a dozen or so certificates one cannot be too careful with these.
(4) Give prompt notice to credit bureaus by contacting Experian, 1-888-397-3742; Equifax, 1-888-766-0008; TransUnion, 1-800-680-7289. Moreover, send certified letters to them, logging all correspondence, including an explicit request not to issue credit and only to disclose information to the authorized person for the estate. At the same time request credit reports for closing accounts and notifying creditors.
(5) Do not forget to notify Social Security as well as all financial institutions and all entities doing business with the deceased. Accordingly, notify all banks, insurance companies, creditors and collection agencies if any, lien holders and mortgagors, lessors, debtors (including family members who owe money), etc. In addition, notify the Veterans Administration if they are a veteran and the Social Security Administration, the Department of Motor Vehicles, clubs and organizations or anything membership related, etc.
(6) Contact your attorney about destruction of documents. There is a point in time for probate, taxes and financial affairs, that the documents are no longer needed. When it comes time to destroy them do not just burn for shred them unless you are certain nothing can be salvaged. It may be worth looking into a local shredding company or have your attorney or accountant dispose of them.
(7) Be careful how you involve family members and how much information you give to them. To the dismay of many, a common identity theft situation can occur with a family member or friend. Watch closely those who may have felt unfairly treated in the probate process or held resentment against the deceased - scrutinize everyone, but use tact. It will be easier on you, and safer, to use one family member or friend to help you and disclose information. So, while unfortunate, guard information with family and friends, and be careful how you explain why and what you reveal.
The criminal intentions in identity theft of the deceased range from opening accounts to absconding with property. While it is a difficult time to deal with both the loss and matters following death, the stark reality is that when we die we become easier targets for identity theft, as is publicized by many police departments who educate the public on the issue. Information pamphlets can often be found through your local law enforcement agencies. Finding one of these can also help you learn more in general about preventing identity theft and what you can do if it ever happens. All in all, prevention requires more than just being cautious, education and up-to-date information are also critical.
Specifically, I would like to examine the identity theft of a deceased family member. Regardless of the fact that one is deceased, postmortem identity theft injures the living, especially dependents who are relying upon the estate for their support. As such, clients who have contacted me for assistance in the probate process, usually the personal representative, want to know everything they can do to preserve the estate's assets. With equal importance to some of the other financial affairs, preventing identity theft of the deceased person is on the list of "items to do" - when one dies, they are unfortunately exposed to the public record as a deceased individual thus making them a more unique and vulnerable target by identity theft criminals.
It is a good idea to follow these steps you can take to prevent identity theft of a deceased family member:
(1) Consolidate and collect all of the documents, financial and otherwise, belonging to the deceased. This may be an overwhelming task given what one can accumulate in a lifetime, but it is essential for the personal representative of the estate, or executor/executrix, for probate matters and the closing of the estate. Keep these in one, secure, place. By documents, collect also anything electronically stored including the devices storing such data, i.e. computers, disks, CDs, etc.
(2) Write discreet obituaries. Keep in mind, that anything you publish becomes both public and brings attention to the fact of the family member's death. As such, avoid writing anything that reveals too much about the deceased's background, occupation, names of spouses and parents, as these can be used by identity theft criminals to open accounts.
(3) Safeguard death certificates and store the original in your safe or deposit box. Also, send death certificates only to trusted institutions and give only to trusted individuals helping you. Therefore, by working with local tax professionals and persons assisting you in the probate and administrative process it can be less risky than those operating from a “remote” location. When the typical estate may need a dozen or so certificates one cannot be too careful with these.
(4) Give prompt notice to credit bureaus by contacting Experian, 1-888-397-3742; Equifax, 1-888-766-0008; TransUnion, 1-800-680-7289. Moreover, send certified letters to them, logging all correspondence, including an explicit request not to issue credit and only to disclose information to the authorized person for the estate. At the same time request credit reports for closing accounts and notifying creditors.
(5) Do not forget to notify Social Security as well as all financial institutions and all entities doing business with the deceased. Accordingly, notify all banks, insurance companies, creditors and collection agencies if any, lien holders and mortgagors, lessors, debtors (including family members who owe money), etc. In addition, notify the Veterans Administration if they are a veteran and the Social Security Administration, the Department of Motor Vehicles, clubs and organizations or anything membership related, etc.
(6) Contact your attorney about destruction of documents. There is a point in time for probate, taxes and financial affairs, that the documents are no longer needed. When it comes time to destroy them do not just burn for shred them unless you are certain nothing can be salvaged. It may be worth looking into a local shredding company or have your attorney or accountant dispose of them.
(7) Be careful how you involve family members and how much information you give to them. To the dismay of many, a common identity theft situation can occur with a family member or friend. Watch closely those who may have felt unfairly treated in the probate process or held resentment against the deceased - scrutinize everyone, but use tact. It will be easier on you, and safer, to use one family member or friend to help you and disclose information. So, while unfortunate, guard information with family and friends, and be careful how you explain why and what you reveal.
The criminal intentions in identity theft of the deceased range from opening accounts to absconding with property. While it is a difficult time to deal with both the loss and matters following death, the stark reality is that when we die we become easier targets for identity theft, as is publicized by many police departments who educate the public on the issue. Information pamphlets can often be found through your local law enforcement agencies. Finding one of these can also help you learn more in general about preventing identity theft and what you can do if it ever happens. All in all, prevention requires more than just being cautious, education and up-to-date information are also critical.
Wednesday, January 20, 2010
How to Choose a Good Financial Advisor: A Lawyer's Perspective
How to choose a good financial advisor and finding the best one for you is much like interviewing candidates seeking employment; you are the employer and the advisor is the employee. Working in the area of estate planning, I can offer some criteria I look for in light of my experience working with financial professionals.
Here are seven tips when "interviewing" candidates that are competing for your business:
(1) Qualified Referral: Did the candidate come to you, or did you contact the candidate, based on a qualified referral? By "qualified referral," in other words, is the candidate someone who was recommended to you based on their proven success with their clients, or is it someone whom is referred to you because of a person you trust that is making a recommendation? Keep in mind that advisors are in a business which relies heavily on referrals. Advisors are also in "sales." Therefore, they are frequently soliciting referrals from new clients who have yet to "qualify" the referral based on empirical proof of their advisor's actual performance - though the client may have received good advice or service and thus wants to promote their advisor.
(2) Objective Ratings: There are sources such as A.M. Best and TheStreet.com (formerly known as Weiss) that rate financial companies with an A,B,C, (+/-), system. These are helpful to know if the advisor works for a well rated company or firm. Yet, at least with A.M. Best insurance and financial companies pay for their ratings to be published, which then calls into question objectivity. So, rely on more than just one rating source. There are also the Better Business Bureau reports (BBB), Security and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA), as well as the Federal Trade Commission (FTC) that announce any wrongdoings committed by financial among other companies. Searching through the above will at least reveal any "red flags."
(3) Compensation Driven Advice: Unfortunately, those in financial positions may like other sales-related industries be held to scrutiny. When it comes to making financial recommendations, advisors' own compliance dictates acceptability, to some extent, based on whether the product advised passes a "suitability" test. The SEC thus has some built-in consumer protections in its regulations. However, the financial industry is very clever in making product recommendations that can get around suitability restrictions in attempting to be one step ahead of the SEC. As such, know how much your advisor is making on the deal as well as exactly what his or her company's share is of the compensation. The lesson of the past is that advisors are notorious for making recommendations based on compensation.
(4) Do not be fooled by guarantees of any kind: If your advisor guarantees anything, be highly skeptical. Some financial instruments, such as cash value in a whole life policy, can have some degree of guaranteed protection of principal. Yet, with any third party holding your money or assets ,even if FDIC insured, there are no 100% guarantees - although there are some financial instruments that are safer than others (FDIC insured being relatively safe). In fact, promises of guarantees on financial products or plans that are not so can get an advisor in trouble with his or her regulatory agency.
(5) Good Standing: It is not offensive to simply ask about an advisor's good standing with his license and/or any disciplinary actions that may have been taken. You may even request that he or she furnish paperwork demonstrating a "clean record." Why not? Employers obtain background checks on employees. Right?
(6) Who is on the advisor's team: Know all the "players" on the advisor's team who will be a part of making recommendations and managing your account. Does his or her company have someone watching your money all the time? Will your investments be frequently assessed for risk and will precautions be taken ahead of market crashes like the one experienced in 2008 and 2009?
(7) Availability and Specialty: If your advisor or someone on his or her staff does not get back to you before the end of the day or at least first thing in the morning, this gives cause for concern. Good advisors tend to get back in touch with their clients within 24 hours after they are contacted, usually within the same day. On another note, is your advisor specialized in anything important to your needs. It is one thing to have an advisor "tend to your needs," but is he or she knowledgeable in desired products and areas that matter to your financial bottom line, such as in variable annuities, variable life insurance, long term care insurance, ETF's, etc., or college planning, distribution planning, aggressive growth investing, commodities, etc.
In addition to these seven tips, make sure your advisor takes ownership for bad recommendations as well as be modest about good ones. These indicate someone who is likely more accountable and less the defensive or ego driven type. Otherwise, it is good to know that someone will do everything they can when things do go wrong.
Ultimately, there are going to be advisors that are good and bad; the advisor that is good for you is equally important to choosing someone who is "good." A professional recommending the best products to meet your goals and protect your money is critical. Therefore, doing some of your own due diligence in financial products is a good idea despite seeking an advisor for their opinions. The money and finance section at your local book store ought to carry good publications that will assist you. In the end, seek a neutral opinion from someone outside the financial industry who has no reason to either defend or criticize companies or advisors themselves. Financial industry people may have a tendency to protect their own or be too quick to criticize another. After the recent aftermath of the current recession, caution and deliberation with your current advisor or in finding a new one are well justified.
Author Information: Frank A. Cseke is a Fort Collins, Colorado-based attorney whose practice is focused on the areas of Estate Planning (Wills and Trusts), Business Law, VA and Governments Benefits Assistance. He serves as President of the Northern Rocky Mountain Chapter of the Society of Financial Services Professionals. Before setting out on his own, Frank practiced civil litigation and criminal defense for two Northern Colorado law offices, where in his general practice work he grew his passion for Estate Planning and Elder Law. Moreover, he has taken on an emphasis in Veterans and Special Needs trusts. Frank received his J.D. from the University of Colorado, School of Law (Boulder), in 2004, where he also worked as a student associate for LexisNexis, Inc. Prior to attending law school, Frank gained experience as an entrepreneur and LLC manager, and later as General Counsel, with 4 Guys Investments, LLC of Fort Collins. Frank obtained his undergraduate degree (a B.A. in Political Science with High Honors) from Franklin Pierce University (Rindge, NE) in 1999, where he was a member of Alpha Chi, Phi Alpha Theta, and Sigma Tao Delta. Frank, who grew up in Fort Collins, Colorado, now lives there with his wife, Daffney, and his son, Matthew, and step-son, Austin.
"We are here to add what we can to life, not to get what we can from life." -William Osler
Here are seven tips when "interviewing" candidates that are competing for your business:
(1) Qualified Referral: Did the candidate come to you, or did you contact the candidate, based on a qualified referral? By "qualified referral," in other words, is the candidate someone who was recommended to you based on their proven success with their clients, or is it someone whom is referred to you because of a person you trust that is making a recommendation? Keep in mind that advisors are in a business which relies heavily on referrals. Advisors are also in "sales." Therefore, they are frequently soliciting referrals from new clients who have yet to "qualify" the referral based on empirical proof of their advisor's actual performance - though the client may have received good advice or service and thus wants to promote their advisor.
(2) Objective Ratings: There are sources such as A.M. Best and TheStreet.com (formerly known as Weiss) that rate financial companies with an A,B,C, (+/-), system. These are helpful to know if the advisor works for a well rated company or firm. Yet, at least with A.M. Best insurance and financial companies pay for their ratings to be published, which then calls into question objectivity. So, rely on more than just one rating source. There are also the Better Business Bureau reports (BBB), Security and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA), as well as the Federal Trade Commission (FTC) that announce any wrongdoings committed by financial among other companies. Searching through the above will at least reveal any "red flags."
(3) Compensation Driven Advice: Unfortunately, those in financial positions may like other sales-related industries be held to scrutiny. When it comes to making financial recommendations, advisors' own compliance dictates acceptability, to some extent, based on whether the product advised passes a "suitability" test. The SEC thus has some built-in consumer protections in its regulations. However, the financial industry is very clever in making product recommendations that can get around suitability restrictions in attempting to be one step ahead of the SEC. As such, know how much your advisor is making on the deal as well as exactly what his or her company's share is of the compensation. The lesson of the past is that advisors are notorious for making recommendations based on compensation.
(4) Do not be fooled by guarantees of any kind: If your advisor guarantees anything, be highly skeptical. Some financial instruments, such as cash value in a whole life policy, can have some degree of guaranteed protection of principal. Yet, with any third party holding your money or assets ,even if FDIC insured, there are no 100% guarantees - although there are some financial instruments that are safer than others (FDIC insured being relatively safe). In fact, promises of guarantees on financial products or plans that are not so can get an advisor in trouble with his or her regulatory agency.
(5) Good Standing: It is not offensive to simply ask about an advisor's good standing with his license and/or any disciplinary actions that may have been taken. You may even request that he or she furnish paperwork demonstrating a "clean record." Why not? Employers obtain background checks on employees. Right?
(6) Who is on the advisor's team: Know all the "players" on the advisor's team who will be a part of making recommendations and managing your account. Does his or her company have someone watching your money all the time? Will your investments be frequently assessed for risk and will precautions be taken ahead of market crashes like the one experienced in 2008 and 2009?
(7) Availability and Specialty: If your advisor or someone on his or her staff does not get back to you before the end of the day or at least first thing in the morning, this gives cause for concern. Good advisors tend to get back in touch with their clients within 24 hours after they are contacted, usually within the same day. On another note, is your advisor specialized in anything important to your needs. It is one thing to have an advisor "tend to your needs," but is he or she knowledgeable in desired products and areas that matter to your financial bottom line, such as in variable annuities, variable life insurance, long term care insurance, ETF's, etc., or college planning, distribution planning, aggressive growth investing, commodities, etc.
In addition to these seven tips, make sure your advisor takes ownership for bad recommendations as well as be modest about good ones. These indicate someone who is likely more accountable and less the defensive or ego driven type. Otherwise, it is good to know that someone will do everything they can when things do go wrong.
Ultimately, there are going to be advisors that are good and bad; the advisor that is good for you is equally important to choosing someone who is "good." A professional recommending the best products to meet your goals and protect your money is critical. Therefore, doing some of your own due diligence in financial products is a good idea despite seeking an advisor for their opinions. The money and finance section at your local book store ought to carry good publications that will assist you. In the end, seek a neutral opinion from someone outside the financial industry who has no reason to either defend or criticize companies or advisors themselves. Financial industry people may have a tendency to protect their own or be too quick to criticize another. After the recent aftermath of the current recession, caution and deliberation with your current advisor or in finding a new one are well justified.
Author Information: Frank A. Cseke is a Fort Collins, Colorado-based attorney whose practice is focused on the areas of Estate Planning (Wills and Trusts), Business Law, VA and Governments Benefits Assistance. He serves as President of the Northern Rocky Mountain Chapter of the Society of Financial Services Professionals. Before setting out on his own, Frank practiced civil litigation and criminal defense for two Northern Colorado law offices, where in his general practice work he grew his passion for Estate Planning and Elder Law. Moreover, he has taken on an emphasis in Veterans and Special Needs trusts. Frank received his J.D. from the University of Colorado, School of Law (Boulder), in 2004, where he also worked as a student associate for LexisNexis, Inc. Prior to attending law school, Frank gained experience as an entrepreneur and LLC manager, and later as General Counsel, with 4 Guys Investments, LLC of Fort Collins. Frank obtained his undergraduate degree (a B.A. in Political Science with High Honors) from Franklin Pierce University (Rindge, NE) in 1999, where he was a member of Alpha Chi, Phi Alpha Theta, and Sigma Tao Delta. Frank, who grew up in Fort Collins, Colorado, now lives there with his wife, Daffney, and his son, Matthew, and step-son, Austin.
"We are here to add what we can to life, not to get what we can from life." -William Osler
Monday, January 18, 2010
Emotional Inheritance: How Many Estate Planners Go Wrong
The typical estate plan has come to include - though not always - a will, living will, powers of attorney, trusts, guardianship designations, letter of intent, and beneficiary designations. Unfortunately, over half, or an estimated 54% of Americans, do not have a will. So as not to berate the work of estate planning professionals, many of those in this business, nevertheless, focus little at all on what are referred to as "emotional inheritances." Some, although they are very acute to the notion of legacy building, frame estate planning in terms of wealth transfer, tax avoidance, and divestment of assets. On the other hand, a number of estate planners review the client's emotional legacy and/or inheritance in making a comprehensive plan.
An "emotional inheritance" is essentially the passing on of values, traditions, cuture, and heritage to one's heirs. The will, in effect, can be a 'tapestry' of the family lineage and depiction of its ways signifying the testator's "passing of the torch." There is another dimension to making an emotional inheritance. Imagine when you are gone what people what will be saying about you at the funeral. What would you like to see them doing and saying. An "emotional inheritance" can set the tone. Think of this aspect as preservation of things that make family enjoyable and enduring, the best of nostalgia. Oftentimes, when family comes together after a death are they likely reminisce; yet, there is no telling what can be missed in the commiseration.
The preoccupation with the basic fundamentals of planning have to some extent overlooked "emotional inheritances." The making of a will with regard to "who gets what" and the fashion of burial, minimizing costs, taxes, administration and probate, determining the fate of tangibles, etc. may leave much to be lost that truly is 'priceless' and most important to one's legacy. For what else is a legacy if not those things that money cannot buy? Certainly, leaving behind wealth and assets to the people or organizations of our choice matters, without question. However, despite this necessity basic planning seems remiss of the "stuff" that makes us, in a large part, who we are: namely, our family and heritage. Invariably, family identity is very important to many and they wish for it to be recognized by the next generation.
Whether young or old, those with plenty or little, we face a point when our 'last testament' - our 'will' - is going to be considered. Some chose to do nothing, and thus their legacy remains understood by the actions taken by their descendants. But for those seeking to assemble a lasting legacy, an attorney can be a useful guide in the process. Prior to meeting, it is a good idea to pull out the old photo albums, scrap books, memorabilia, keepsakes, and give particular thought to all those things that make one's "emotional inheritance" and what needs to be stated. By doing so you may take some notes. These will significantly aid your attorney, and hopefully make for better, more meaningful, legacy building.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2 Fort Collins, CO 80528 Office: 970.219.9978 Fax: 970.631.8897 email: http://estateplanner.page.tl/Contact.htm
An "emotional inheritance" is essentially the passing on of values, traditions, cuture, and heritage to one's heirs. The will, in effect, can be a 'tapestry' of the family lineage and depiction of its ways signifying the testator's "passing of the torch." There is another dimension to making an emotional inheritance. Imagine when you are gone what people what will be saying about you at the funeral. What would you like to see them doing and saying. An "emotional inheritance" can set the tone. Think of this aspect as preservation of things that make family enjoyable and enduring, the best of nostalgia. Oftentimes, when family comes together after a death are they likely reminisce; yet, there is no telling what can be missed in the commiseration.
The preoccupation with the basic fundamentals of planning have to some extent overlooked "emotional inheritances." The making of a will with regard to "who gets what" and the fashion of burial, minimizing costs, taxes, administration and probate, determining the fate of tangibles, etc. may leave much to be lost that truly is 'priceless' and most important to one's legacy. For what else is a legacy if not those things that money cannot buy? Certainly, leaving behind wealth and assets to the people or organizations of our choice matters, without question. However, despite this necessity basic planning seems remiss of the "stuff" that makes us, in a large part, who we are: namely, our family and heritage. Invariably, family identity is very important to many and they wish for it to be recognized by the next generation.
Whether young or old, those with plenty or little, we face a point when our 'last testament' - our 'will' - is going to be considered. Some chose to do nothing, and thus their legacy remains understood by the actions taken by their descendants. But for those seeking to assemble a lasting legacy, an attorney can be a useful guide in the process. Prior to meeting, it is a good idea to pull out the old photo albums, scrap books, memorabilia, keepsakes, and give particular thought to all those things that make one's "emotional inheritance" and what needs to be stated. By doing so you may take some notes. These will significantly aid your attorney, and hopefully make for better, more meaningful, legacy building.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2 Fort Collins, CO 80528 Office: 970.219.9978 Fax: 970.631.8897 email: http://estateplanner.page.tl/Contact.htm
Friday, January 15, 2010
LegalZoom Review: Should I Use Online Legal Documentation Services?
As an attorney I am often approached by people asking me to look over a legal document to see if it is done right. One of the first questions I ask them is, did you draft this yourself, and if not where did you get it? A common answer is, "I got it online."
You may have heard of LegalZoom.com. The likelihood is also that you are aware that this website is one of the best known and largest online clearinghouses for legal documentation, endorsed by Robert Shapiro. One question I would like to ask Mr. Shapiro is whether LegalZoom is superior to obtaining the same service from a local practitioner.
So as to be both fair and balanced, I would like to explore the pros and cons of using a LegalZoom.
The Pros: (1) It's affordable. Legal documents for important purposes such as a company's LLC or a will and trust are obtainable for what may be less than the local attorney's fees (a $69 will doesn't sound bad); (2)It's fast. The website offers same-day delivery of the documents via downloading; (3) It's has attorney oversight. It is hard to say who is doing what, but LegalZoom advertises its services with the "warrantability" of attorneys working behind the scene.
Read, however, LegalZoom's full disclaimer:
"LegalZoom's legal document service is not a substitute for the advice of an attorney...
LegalZoom is not permitted to engage in the practice of law. LegalZoom is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies...
Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Visitors to our site may obtain information regarding free or low cost representation through your state bar association or local legal aid office."
The Cons: (1) LegalZoom is not a 'substitute'. You are not getting the advice of an attorney!; (2) LegalZoom is not engaged in the practice of law. As such, LegalZoom is not taking on the same liability that an attorney is when he/she is engaged in practicing; this begs the questions if their documents are prepared with the same "duty of care" owed to a client compared to that of a local practitioner; (3) It is not comprehensive, e.g. "if your specific problem is too complex..." Therefore, if your problem is too complex LegalZoom will not suffice for competent legal help. This also begs the question as to how one will know if their problem is complex unless they speak to a qualified attorney?
I am not one to shun or disparage an affordable and convenient service, unless I feel a consumer could end up getting injured in the end. One can relate, especially if they have met with an attorney, that very few legal problems are "simple" - thus why one went to seek the counsel of an attorney rather than attempt to figure it out on their own. Yet, in all fairness to LegalZoom, there are some sophisticated consumers who are both learned in legal matthers and laws - though not attorneys - who can utilize LegalZoom to their advantage. Saving money and time is unsually a good thing; but, when "self-help" ends up costing more time and money in the end because of a critical error or lack of oversight, the regret can be profound. So, as with anything like LegalZoom use it with caution and avoid taking a cavalier approach to solving a legal problem.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2 Fort Collins, CO 80528 Office: 970.219.9978
Fax: 970.631.8897 email: http://estateplanner.page.tl/Contact.htm
[Circular 230 Disclosure: pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on this website, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney.]
You may have heard of LegalZoom.com. The likelihood is also that you are aware that this website is one of the best known and largest online clearinghouses for legal documentation, endorsed by Robert Shapiro. One question I would like to ask Mr. Shapiro is whether LegalZoom is superior to obtaining the same service from a local practitioner.
So as to be both fair and balanced, I would like to explore the pros and cons of using a LegalZoom.
The Pros: (1) It's affordable. Legal documents for important purposes such as a company's LLC or a will and trust are obtainable for what may be less than the local attorney's fees (a $69 will doesn't sound bad); (2)It's fast. The website offers same-day delivery of the documents via downloading; (3) It's has attorney oversight. It is hard to say who is doing what, but LegalZoom advertises its services with the "warrantability" of attorneys working behind the scene.
Read, however, LegalZoom's full disclaimer:
"LegalZoom's legal document service is not a substitute for the advice of an attorney...
LegalZoom is not permitted to engage in the practice of law. LegalZoom is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies...
Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Visitors to our site may obtain information regarding free or low cost representation through your state bar association or local legal aid office."
The Cons: (1) LegalZoom is not a 'substitute'. You are not getting the advice of an attorney!; (2) LegalZoom is not engaged in the practice of law. As such, LegalZoom is not taking on the same liability that an attorney is when he/she is engaged in practicing; this begs the questions if their documents are prepared with the same "duty of care" owed to a client compared to that of a local practitioner; (3) It is not comprehensive, e.g. "if your specific problem is too complex..." Therefore, if your problem is too complex LegalZoom will not suffice for competent legal help. This also begs the question as to how one will know if their problem is complex unless they speak to a qualified attorney?
I am not one to shun or disparage an affordable and convenient service, unless I feel a consumer could end up getting injured in the end. One can relate, especially if they have met with an attorney, that very few legal problems are "simple" - thus why one went to seek the counsel of an attorney rather than attempt to figure it out on their own. Yet, in all fairness to LegalZoom, there are some sophisticated consumers who are both learned in legal matthers and laws - though not attorneys - who can utilize LegalZoom to their advantage. Saving money and time is unsually a good thing; but, when "self-help" ends up costing more time and money in the end because of a critical error or lack of oversight, the regret can be profound. So, as with anything like LegalZoom use it with caution and avoid taking a cavalier approach to solving a legal problem.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2 Fort Collins, CO 80528 Office: 970.219.9978
Fax: 970.631.8897 email: http://estateplanner.page.tl/Contact.htm
[Circular 230 Disclosure: pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on this website, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney.]
Tuesday, January 12, 2010
What is a Special Needs Trust?
A conundrum for many Americans, especially with the growing aging population, is their estate plan. Yet, families that have a special needs member have their own puzzle to manage, which involves planning that is unlike others’. Particularly, a special needs loved one poses a unique challenge of “how to provide” in the event no one is left, usually close family, to care for said individual.
The Problem: Typically, special needs Americans are receiving government entitlement program benefits such as SSI or SSDI. One of the issues family-caregivers face is leaving assets or a ”financial support structure” for their loved one while at the same time avoiding loss, or ineligibility, of the entitlement. Life insurance is one of the common funding mechanisms for the care-plan. For those unaware, however, SSI, Medicaid, and SSDI have strict guidelines surrounding recipients’ assets and income, even if it is inherited – in light of this, such programs fall grossly short of being able to fund many of the “quality of life” expenditures the special needs person deserves: simple luxuries like televisions, cell phones, vacations, or health expenses such as dentist care.
The Solution: The special needs person need not resign the notion of having funds set aside for their “quality of life.” But, their caregivers planning should not be ‘pigeonholed’ into the “prototypical estate plan” that may apply to many of those without a special needs family member; this is not to suggest there is a “one-size-fits-all” plan for anyone, as each family invariably has its own specific needs and goals. Nevertheless, planning considerations for those with special needs takes on a dimension of its own requiring attention to (1) the goals for care following the point in time when care is not possible as with incapacity or death, and (2) designing a plan that fits within the narrow regulations and guidelines that the federal and state entitlement programs mandate regarding a recipient’s finances.
Fortunately, programs such as SSI and Medicaid contemplate the limits on the funds they deliver therefore recognizing special needs individuals’ right to “quality of life” as well as their families’ desire to reserve money to this end. Special needs planning, consequently, involves balancing the needs of the individual and the family with the government’s entitlement policies . Therefore, a will and/or life insurance policy is simply not enough.
A planning instrument referred to as either a Special Needs Trust (SNT), or Supplement Trust, is needed. Such a trust can be created using a will by way of a testamentary (upon death) SNT or the trust can be made independently, which is often the preferred method because of probate. The testamentary SNT would still need to go through the probate process causing a delay, whereas the stand-alone SNT avoids probate altogether. In either event, the SNT and/or Supplemental Trust circumvents the income and asset restrictions by maintaining ownership and control over the funds and assets. A “maintenance provision” therein gives the trustee authority to make only those distributions that do not violate “quality of life” expenditures recognized as permissible by Federal and/or State administrative agencies. The upshot for the special needs family members is a reserve of funds for a better life while keeping important entitlement benefits.
Before setting up a life insurance policy or transfer of any assets whatsoever through a will or other estate planning instrument, if the beneficiary is a special needs individual it is strongly recommended by this author and others to seek the help of a qualified attorney or estate planner.
For answers to questions or if you know someone with special needs, you may contact The Offices of Frank A. Cseke: Frank A. Cseke, Esq. 2120 Timber Creek Drive, C-2, Fort Collins, CO 80528 Office: 970.219.9978 Fax: 970.631.8897 Email: estateplanner@mcom.com
[Circular 230 Disclosure: pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on this website, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney.]
The Problem: Typically, special needs Americans are receiving government entitlement program benefits such as SSI or SSDI. One of the issues family-caregivers face is leaving assets or a ”financial support structure” for their loved one while at the same time avoiding loss, or ineligibility, of the entitlement. Life insurance is one of the common funding mechanisms for the care-plan. For those unaware, however, SSI, Medicaid, and SSDI have strict guidelines surrounding recipients’ assets and income, even if it is inherited – in light of this, such programs fall grossly short of being able to fund many of the “quality of life” expenditures the special needs person deserves: simple luxuries like televisions, cell phones, vacations, or health expenses such as dentist care.
The Solution: The special needs person need not resign the notion of having funds set aside for their “quality of life.” But, their caregivers planning should not be ‘pigeonholed’ into the “prototypical estate plan” that may apply to many of those without a special needs family member; this is not to suggest there is a “one-size-fits-all” plan for anyone, as each family invariably has its own specific needs and goals. Nevertheless, planning considerations for those with special needs takes on a dimension of its own requiring attention to (1) the goals for care following the point in time when care is not possible as with incapacity or death, and (2) designing a plan that fits within the narrow regulations and guidelines that the federal and state entitlement programs mandate regarding a recipient’s finances.
Fortunately, programs such as SSI and Medicaid contemplate the limits on the funds they deliver therefore recognizing special needs individuals’ right to “quality of life” as well as their families’ desire to reserve money to this end. Special needs planning, consequently, involves balancing the needs of the individual and the family with the government’s entitlement policies . Therefore, a will and/or life insurance policy is simply not enough.
A planning instrument referred to as either a Special Needs Trust (SNT), or Supplement Trust, is needed. Such a trust can be created using a will by way of a testamentary (upon death) SNT or the trust can be made independently, which is often the preferred method because of probate. The testamentary SNT would still need to go through the probate process causing a delay, whereas the stand-alone SNT avoids probate altogether. In either event, the SNT and/or Supplemental Trust circumvents the income and asset restrictions by maintaining ownership and control over the funds and assets. A “maintenance provision” therein gives the trustee authority to make only those distributions that do not violate “quality of life” expenditures recognized as permissible by Federal and/or State administrative agencies. The upshot for the special needs family members is a reserve of funds for a better life while keeping important entitlement benefits.
Before setting up a life insurance policy or transfer of any assets whatsoever through a will or other estate planning instrument, if the beneficiary is a special needs individual it is strongly recommended by this author and others to seek the help of a qualified attorney or estate planner.
For answers to questions or if you know someone with special needs, you may contact The Offices of Frank A. Cseke: Frank A. Cseke, Esq. 2120 Timber Creek Drive, C-2, Fort Collins, CO 80528 Office: 970.219.9978 Fax: 970.631.8897 Email: estateplanner@mcom.com
[Circular 230 Disclosure: pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained on this website, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney.]
Sunday, January 10, 2010
Veterans Need to Pay Close Attention to Their Estate Plan
United States Veterans: you have honorably served our country, made sacrifices, defended the homeland, and demonstrated the highest form of patriotism. As such, you are a special class of citizens entitled to the rewards of your service and duty, especially if during war-time. Moreover, you and your spouse may enjoy the benefits awaiting you through the Veterans Administration.
Since its establishment in 1930, the Department of Veterans
Affairs has evolved to supporting and aiding the nation’s
veterans in numerous ways. One of these services for example, the Veterans Health Administration, is the largest single provider of medical care in the United States. Its 22regions with 154 hospitals and their associated 875 outpatient clinics offer the following services:
Hospital, outpatient medical, dental, pharmacy
and prosthetic services
Domiciliary, nursing home, and community-
based residential care
Sexual trauma counseling
Specialized health care for women
veterans
Health and rehabilitation programs for
homeless
veterans
Readjustment counseling
Alcohol and drug dependency
treatment
Medical evaluation for disorders associated
with military service in the Gulf War, or
Treatment
for exposure to Agent Orange, radiation,
and other environmental hazards
HISA grants
Other special benefits
A pension, through the Aid and Attendance Program, is also available up to just under $2000 per month. And while many Veterans already know or have applied to the VA for these benefits, often what happens is that the surviving spouse of a veteran is not aware of their possible eligibility.
As with applying for any other government entitlement program, there are a myriad of forms and requirements. Sometimes, these can confuse or delay the process. This is why a Veterans Benefits Consultant or an attorney can be helpful in the process, whereas many who assist veterans in their benefits applications do not charge a fee, or if they do it is a nominal sum (there may be other compensation for ancillary services such as financial or insurance products, trusts, legal counsel, etc.) In fact, federal law prohibits charging excessive fees for this service.
In conclusion, if you are a veteran or a spouse of one you may want to consider having a qualified individual review your current benefits as well as have a professional consult with you regarding the pros and cons. Or, if you have a parent who is either a veteran or a spouse of one(maybe both) contacting a local VA consultant or attorney will not hurt in light of the availability of no cost consultations. With the rising costs of long-term care reaching figures in excess of $80 per day and the limits on Social Security income, much can be lost for the eligible veteran and/or his/her spouse. Remember, though you may be seeking the VA entitlements there are caps on income and assets that may require the need for some specialized planning, which is why an attorney is highly advised where the veteran or spouse has significant assets. So, before applying for benefits and submitting an application to the VA, if you are uncertain in any way about the process or requirements refrain from going forward until you have received adequate assistance and/or counsel from someone who has experience in the area of VA benefits. A CPA should also be contacted where possible tax implications are likely to arrise.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2
Fort Collins, CO 80528 Office: 970.219.9978
Fax: 970.631.8897 Email: estateplanner@mcom.com
[ Circular 230 Disclosure: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained herein or above, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site or elsewhere is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney. ]
Frank A. Cseke is a Fort Collins, Colorado-based attorney whose practice is focused on the areas of Estate Planning (Wills and Trusts), Business Law, VA and Governments Benefits Assistance. He serves as President of the Northern Rocky Mountain Chapter of the Society of Financial Services Professionals. Before setting out on his own, Frank practiced civil litigation and criminal defense for two Northern Colorado law offices, where in his general practice work he grew his passion for Estate Planning and Elder Law. Moreover, he has taken on an emphasis in Veterans and Special Needs trusts. Frank received his J.D. from the University of Colorado, School of Law (Boulder), in 2004, where he also worked as a student associate for LexisNexis, Inc. Prior to attending law school, Frank gained experience as an entrepreneur and LLC manager, and later as General Counsel, with 4 Guys Investments, LLC of Fort Collins. Frank obtained his undergraduate degree (a B.A. in Political Science with High Honors) from Franklin Pierce University (Rindge, NE) in 1999, where he was a member of Alpha Chi, Phi Alpha Theta, and Sigma Tao Delta. Frank, who grew up in Fort Collins, Colorado, now lives there with his wife, Daffney, and his son, Matthew, and step-son, Austin. "We are here to add what we can to life, not to get what we can from life." -William Osler
External Links
http://estateplanner.page.tl/
Since its establishment in 1930, the Department of Veterans
Affairs has evolved to supporting and aiding the nation’s
veterans in numerous ways. One of these services for example, the Veterans Health Administration, is the largest single provider of medical care in the United States. Its 22regions with 154 hospitals and their associated 875 outpatient clinics offer the following services:
Hospital, outpatient medical, dental, pharmacy
and prosthetic services
Domiciliary, nursing home, and community-
based residential care
Sexual trauma counseling
Specialized health care for women
veterans
Health and rehabilitation programs for
homeless
veterans
Readjustment counseling
Alcohol and drug dependency
treatment
Medical evaluation for disorders associated
with military service in the Gulf War, or
Treatment
for exposure to Agent Orange, radiation,
and other environmental hazards
HISA grants
Other special benefits
A pension, through the Aid and Attendance Program, is also available up to just under $2000 per month. And while many Veterans already know or have applied to the VA for these benefits, often what happens is that the surviving spouse of a veteran is not aware of their possible eligibility.
As with applying for any other government entitlement program, there are a myriad of forms and requirements. Sometimes, these can confuse or delay the process. This is why a Veterans Benefits Consultant or an attorney can be helpful in the process, whereas many who assist veterans in their benefits applications do not charge a fee, or if they do it is a nominal sum (there may be other compensation for ancillary services such as financial or insurance products, trusts, legal counsel, etc.) In fact, federal law prohibits charging excessive fees for this service.
In conclusion, if you are a veteran or a spouse of one you may want to consider having a qualified individual review your current benefits as well as have a professional consult with you regarding the pros and cons. Or, if you have a parent who is either a veteran or a spouse of one(maybe both) contacting a local VA consultant or attorney will not hurt in light of the availability of no cost consultations. With the rising costs of long-term care reaching figures in excess of $80 per day and the limits on Social Security income, much can be lost for the eligible veteran and/or his/her spouse. Remember, though you may be seeking the VA entitlements there are caps on income and assets that may require the need for some specialized planning, which is why an attorney is highly advised where the veteran or spouse has significant assets. So, before applying for benefits and submitting an application to the VA, if you are uncertain in any way about the process or requirements refrain from going forward until you have received adequate assistance and/or counsel from someone who has experience in the area of VA benefits. A CPA should also be contacted where possible tax implications are likely to arrise.
For answers to your questions you may contact: Frank A. Cseke Attorney at Law 2120 Timber Creek Drive, C-2
Fort Collins, CO 80528 Office: 970.219.9978
Fax: 970.631.8897 Email: estateplanner@mcom.com
[ Circular 230 Disclosure: Pursuant to recently enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained herein or above, including links, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. The information on this site or elsewhere is for information only. It is not intended to offer legal advice of any kind. This website does not establish the attorney-client relationship. Should you have any questions regarding legal matters you should contact an attorney. ]
Frank A. Cseke is a Fort Collins, Colorado-based attorney whose practice is focused on the areas of Estate Planning (Wills and Trusts), Business Law, VA and Governments Benefits Assistance. He serves as President of the Northern Rocky Mountain Chapter of the Society of Financial Services Professionals. Before setting out on his own, Frank practiced civil litigation and criminal defense for two Northern Colorado law offices, where in his general practice work he grew his passion for Estate Planning and Elder Law. Moreover, he has taken on an emphasis in Veterans and Special Needs trusts. Frank received his J.D. from the University of Colorado, School of Law (Boulder), in 2004, where he also worked as a student associate for LexisNexis, Inc. Prior to attending law school, Frank gained experience as an entrepreneur and LLC manager, and later as General Counsel, with 4 Guys Investments, LLC of Fort Collins. Frank obtained his undergraduate degree (a B.A. in Political Science with High Honors) from Franklin Pierce University (Rindge, NE) in 1999, where he was a member of Alpha Chi, Phi Alpha Theta, and Sigma Tao Delta. Frank, who grew up in Fort Collins, Colorado, now lives there with his wife, Daffney, and his son, Matthew, and step-son, Austin. "We are here to add what we can to life, not to get what we can from life." -William Osler
External Links
http://estateplanner.page.tl/
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