Purcell and Amen, Your Estate Matters, L.L.C.

Recognizing the Need for outside Help in Caregiving

2011-12-15T08:42:00.002-06:00

Caregivers often don’t recognize when they are in over their heads, and often get to a breaking point. After a prolonged period of time, caregiving can become too difficult to endure any longer. Short-term the caregiver can handle it. Long-term, help is needed. Outside help at this point is needed.

A typical pattern with an overloaded caregiver may unfold as follows:

• 1 to 18 months - the caregiver is confident, has everything under control and is coping well. Other friends and family are lending support.

• 20 to 36 months - the caregiver may be taking medication to sleep and control mood swings. Outside help dwindles away and except for trips to the store or doctor, the caregiver has severed most social contacts. The caregiver feels alone and helpless.

• 38 to 50 months - Besides needing tranquilizers or antidepressants, the caregiver's physical health is beginning to deteriorate. Lack of focus and sheer fatigue cloud judgment and the caregiver is often unable to make rational decisions or ask for help.

It is often at this stage that family or friends intercede and find other solutions for care. This may include respite care, hiring home health aides or putting the disabled loved one in a facility. Without intervention, the caregiver may become a candidate for long term care as well.

With the holiday season upon us, caregivers feel even more stress -- with planning, shopping and participating in holiday activities. This is a perfect time for family and friends to step up and provide some respite time and caregiving help. Whether it is provided personally or arranged as a gift of services to be provided by a professional respite company or home care provider, it is a welcome gift.

An article in “Today’s Caregiver” states:

“Nearly one in four caregivers of people with Alzheimer’s disease and other dementias provide 40 hours a week or more of care. Seventy-one percent sustain this commitment for more than a year, and 32 percent do so for five years or more. One of the best gifts you can give someone caring for Alzheimer’s is something that relieves the stress or provides a bit of respite for the caregiver.

The Gift of time: Cost-effective and truly meaningful gifts are self-made coupons for cleaning the house, preparing a meal, moving lawn/shoveling driveway, respite times that allow the caregiver time off to focus on what he/she needs.”

It is also important to note that hiring professional care provider services can provide valuable ongoing support to an overloaded caregiver. A financial planner, care funding specialist or a reverse mortgage specialist may find the funds to pay for professional help to keep a loved one at home. A care manager can guide the family and the caregiver through the maze of long term care issues. The care manager has been there many times -- the family is experiencing it for the first time.

An elder law attorney can help iron out legal problems. And an elder mediator can help solve disputes between family members. There are also cash benefits for Veterans, who served during a period of war, that pay for home care or assisted living.

If you are the one providing daily care for a loved one, you owe it to yourself to seek help.

Take care of yourself and your needsm, both physically and mentally. Seek out professional help that will ease your burden and look for community service organizations that offer respite help.

The National Care Planning Council’s website www.longtermcarelink.net contains hundreds of articles with tips and advice for caregivers and their families. Take a few minutes to find the help you need and enjoy this holiday season.

Global Facts About Sex

2011-11-29T12:53:00.001-06:00

At Any Given Moment:

FACT: 79,000,000 people are engaged in sex - right now!

FACT: 58,000,000 are kissing.

FACT: 37,000,000 are relaxing after having sex.

FACT: 1 elderly person is reading emails.

You hang in there, Sunshine ........

What Did You Forget Today?

2011-11-29T12:43:00.000-06:00

While on a road trip, an elderly couple stopped at a roadside restaurant for lunch. After finishing their meal, they left the restaurant, and resumed their trip. When leaving, the elderly woman unknowingly left her glasses on the table, and she didn't miss them until they had been driving for about forty minutes.

By then, to add to the aggravation, they had to travel quite a distance before they could find a place to turn around, in order to return to the restaurant to retrieve her glasses. All the way back, the elderly husband became the classic grouchy old man. He fussed and complained, and scolded his wife relentlessly during the entire return drive. The more he chided her, the more agitated he became. He just wouldn't let up for a single minute.

To her relief, they finally arrived at the restaurant. As the woman got out of the car, and hurried inside to retrieve her glasses, the old geezer yelled to her, "While you're in there, you might as well get my hat and the credit card!"

This coming week is National Senior Mental Health Week. You can do YOUR part by remembering to contact at least one unstable Senior to show you care..

I have now done MY part.

Tax Increases by Inaction

2010-08-03T17:33:00.000-05:00

I was recently able to read an article entitled, "Enacting Tax Increases by Inaction", in Steve Leimberg's Estate Planning Email Newsletter.

NOTE CITATION-
LISI Estate Planning Newsletter #1682 (August 2, 2010) at http://www.leimbergservices.com Copyright 2010 Leimberg Information Services, Inc. (LISI). Reproduction in Any Form or Forwarding to Any Person Prohibited – Without Express Permission.
CITES:
Economic Growth and Tax Relief Reconciliation Act of 2001 (Pub.L. 107-16) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Pub.L. 108-27). NumberCruncher Estate and Financial Planning Software: (610 924 0515).

The article incorporates commentary by Daniel Evans, Numbercruncher's Chief Technical Advisor and noted Trust and Estate author.

Summary of Mr. Evans comments:

"The tax cuts that were enacted in 2001 and 2003 will expire at the end of 2010, and those cuts include not just the 15% top income tax rate on capital gains and qualified dividends, and the reduction of the top income tax rate from 38.5% to 35%, all of which benefit upper-income taxpayers, but also the 10% income tax bracket, marriage penalty relief, and increases in the standard deduction, all of which benefit lower- and middle- income taxpayers.
If Congress ends up in a political gridlock, the result could be one of the largest income tax increases in history, and it will happen – not because of something Congress does – but because of what it doesn’t do."

Interesting pieces of the article:

HERE IS WHERE THE SENATE WILL JUMP – INTO INACTION:
"As we have seen very clearly in the attempt at health care reform, it takes only 41 Republican votes in the Senate (which the Republicans now have with the election of Scott Brown to fill the seat of the late Ted Kennedy from Massachusetts) to block any attempt to raise income tax rates for the wealthy."
"But these tax increases are already enacted and will happen if Congress does nothing."
I"t also takes only 41 Democratic votes in the Senate (or a Democratic majority in the more progressive House) to block any extension of the tax cuts for the wealthy."
"And Republicans also have every reason to block anything the Democrats try to enact, because they would really like to go into the 2010 election being able to point to enormous tax increases on working Americans in 2011 and blaming it on the Democrats who control Congress."

ELECTIONS ONLY MAKE THINGS MORE CONTENTIOUS:
"And as the elections in November get closer, there could be more acrimony and more fear of voter backlash, making compromise more and more difficult."
"So until the November elections are over, political gridlock seems virtually certain."
"There is every reason to believe that we’ll go into January of 2011 looking down the barrel of one of the largest tax increases in history, which may be “enacted” by inaction."

CITES AGAIN:
LISI Estate Planning Newsletter #1682 (August 2, 2010) at http://www.leimbergservices.com Copyright 2010 Leimberg Information Services, Inc. (LISI). Reproduction in Any Form or Forwarding to Any Person Prohibited – Without Express Permission.

Economic Growth and Tax Relief Reconciliation Act of 2001 (Pub.L. 107-16) and the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Pub.L. 108-27). NumberCruncher Estate and Financial Planning Software: (610 924 0515).

My Commentary:

Mr Evans supports his claim of inactivity negatively affecting tax burdens every spectrum of through his Numbercruncher software. A family of four would have the following tax increases:

$500,000 family income (no itemized deductions) - $22,607 increase in tax burden

$250,000 family income - $7,640 increase

$50,000 family income - $1,115 increase

$30,000 family income - $478 increase

All of these tax burdens would be evenly more heavily increased if the family income includes qualified dividend income, which is taxed at the capital gain rate of 15% instead of the maximum rate of 35% on ordinary income.

It's amazing that Congress (and BOTH political parties) can seem to negatively affect the pockets of every American through this inaction, and yet manage to see it as a victory for both parties! Politics are seemingly getting in the way of intelligent decision-making more often than ever before.

Wouldn't it be another issue completely if one side took the position that inaction is the right move? Taking the position that we need to increase taxes on every American in order to pay for necessary government programs or to pay off some of the government debt. Instead through this political 'possum-ing, they will effectively raise the tax burden on every American during one of the biggest recessions in American history, while pumping more and more stimulous money on the other hand. What one hand giveth, the other hand taketh away. . .interesting!

Is it just me or does this sound a little counter-intuitive?

This information is not intended as legal advice, nor does this article necessarily represent any opinions of Purcell & Amen, LLC. Just food for thought.

Best,

Paul Gantner
Attorney at Law

Is Your Child 18 or Older and Headed Off to College?

2010-07-28T16:54:00.001-05:00

You have purchased all their school supplies, clothes, twin sized bedding, fixed up the car and helped them open a bank account, but what happens in the event of an emergency while they are away at college?

Does your 18-year-old have the proper Power of Attorney and Advance Medical Directive Documents prepared? Without those legal documents, you might not be able to make sure your child receives the appropriate medical care or speak with their student loan companies regarding a bill. Read the article below, provided by the American Academy of Estate Planning Attorneys and call our firm at 314-966-8077 to set up a free consultation for your new “adult” child before they leave for school.

Eighteen and Alone: The Legal Risks of Independence

Your child has just turned 6,570 days old, and on the surface nothing seems to have changed. He still mixes the reds with the whites in the wash—she drove off with her book bag on the roof of her car again. But, disconcerting as it may be, for all legal purposes, turning 18 makes your child an adult.

Even more disturbing is the fact that without proper legal safeguards, you may no longer have any say in their medical care or financial matters. Should something terrible befall your child, you would be powerless to help them.

Each year, approximately 20,000 college-age kids die in the United States. What sets this population apart from the rest of the country is that almost half of these deaths are accident-related. In general, our kids are not having heart attacks or getting lung cancer—instead they are more likely to be crashing cars or suffering other accidents.

I know it’s difficult to even consider the possibility of something bad happening to your child. No one sits around imagining such scenarios. But the unpleasant truth is that no matter how responsible, how healthy, or how young your child is, they are at risk.

We all protect the things we value. You buy homeowners insurance to protect your house from natural disasters, fire, and other catastrophes. The odds are pretty slim that your house will be destroyed by lightning, but because your home is important to you, you protect it. Well, the same logic applies to your children. You have every expectation that they’ll be safe at college, but because you love and care about them, protecting them in case the unexpected happens just makes sense.

Here’s why you need to act: On April 14, 2003, the privacy rule of HIPAA (Heath Insurance Portability and Accountability Act) went into effect. The intent of this act is to prevent anyone from accessing and abusing an individual’s personal medical information.

Fortunately and unfortunately, this privacy applies to your 18-year-old as well. The downside, of course, is that if your son or daughter has an accident or is incapacitated in some way, you may not even be able to discuss their medical situation with a doctor because it may violate HIPAA. In order to prevent this, you need your child’s legal consent to access their medical records and make decisions for them, based on their own wishes, in the event of an emergency. Specifically, you need a HIPAA Authorization Form and a Health Care Directive completed for them.

Another important legal safeguard is a Property Power of Attorney. This is especially helpful if your child travels abroad. It allows you to handle any unforeseen issues that may arise with your child’s car, apartment, student loans, etc.

To be clear, these documents and safeguards do not in any way allow the designated agent to “interfere” with their child’s medical care or financial decisions. These are simply emergency measures to protect the interests of your newly-minted “adult” child.

Becoming an adult is an exciting rite-of-passage for every young person, but with independence comes an important set of responsibilities. Getting these legal matters sorted out may be the most important birthday present you ever give to your child.

For more information call Purcell & Amen, L.L.C. at (314) 966-8077 or visit our website at www.yourestatematters.com.

Gary Coleman's Death and Lessons to be Learned

2010-06-03T09:29:00.000-05:00

You may or may not have heard about Gary Coleman's death last week, but there were certainly some interesting circumstances surrounding how he died.

http://www.eonline.com/uberblog/b183951_gary_colemans_secret_divorce.html?cmpid=rss-000000-rssfeed-365-topstories&utm_source=eonline&utm_medium=rssfeeds&utm_campaign=rss_topstories

While much of the focus to this point has been on what, if any, involvement his 'wife' may have had in the injury which ultimately caused his death, there should be at least as much focus on the part she played in his actual death when she told the doctors to remove him from life support. (Mr. Coleman slipped into a coma as a result of the head injury.)

No details have come out to this point regarding Mr. Coleman's Healthcare Power of Attorney, but questions came up as to whether Shannon Price was still married to Mr. Coleman and therefore whether she had the ability to make such decisions as removing life support.

This case really emphasizes the importance of updating your estate planning documents when a divorce takes place. In most states, a divorce decree DOES NOT revoke an ex-spouse as your agent. Note however that in California, where this incident took place, the divorce decree would revoke a healthcare power of attorney in favor of an ex-spouse. (See Cal,Prob.Code s4697) Missouri follows a similar rule under RSMo s404.717 as made applicable by s404.810. In EVERY STATE, until the divorce is final, the future ex-spouse would still retain that power. I'm not sure this is the person you would want in control of your end-of-life decision-making!

It's really important that you speak with a qualified estate planning attorney during your divorce along with your divorce attorney. Whether you want your ex-spouse to be your attorney-in-fact or not, you better check to see how the divorce might affect your current plan and make any changes that might be necessary!

Learn more at http://www.yourestatematters.com/, or call us as 314-966-8077.

Best,

Paul M. Gantner
Attoreny-at-Law

The Medicaid Trust

2010-05-27T15:46:00.000-05:00

Purcell & Amen, LLC have been using Medicaid Trusts a.k.a. "MIDGITs" (Medicaid Intentionally Defective Grantors Income-only Trust) for years. . .successfully.

An article was recently published (May 2010) at http://www.trustandestates.com/ entitled "The Medicaid Trust- Help your client pay for costly long-term care without losing significant personal assets." The article was written by Bernard A. Krooks and Jonathan G. Blattmachr, both leading names in estate planning.

The article opens with the oft-used sobering reality that the cost of long-term health care continues to rise and the insurance companies continue to cover less and less. The article notes the difficulty faced by estate planning and elder law attorneys in trying to provide necessary care without spending down the client's entire estate. One possible solution: The medicaid trust (MIDGIT). This allows a person to use Medicaid assistance to cover costs of long-term care, without the loss of significan personal assets.

RIGHT TO INCOME

Under the MIDGIT, the individual who creates the trust, the grantor (usually an elderly client, parent), retains the right to income from the trust for life. The income is sometimes important for the senior to retain his or her standard of living. In any case, the retained right to income keeps the trust from being a completed gift for tax-purposes (important especially for receiving a 'step-up' in basis at the grantor's death).

DESIGNATED BENEFICIARIES' RIGHT TO PRINCIPAL

The grantor can choose any person other than himself or herself or their spouse to be a designated beneficiary of trust principal. Then, during the grantor's lifetime, the Trustee may pay to, or apply for said beneficiary any amount of principal in the Trustee's sole and absolute discretion. So, if money gets tight, the designated beneficiary can, but is not required to, withdraw principal and spend the money however he or she chooses.

RIGHT TO CHANGE TRUSTEE AND BENEFICIARY

Under the MIDGIT, the grantor also retains the right to change trustees and principal beneficiaries. This not only gives the senior-client more control over their assets, but it also prevents the principal to be treated as a completed gift. NOTE: the grantor MAY NOT name him or herself as trustee. (This is usually the most difficult thing for a senior to accept with this plan). In almost every case, the client will name a son or daughter as trustee. Heck, they are still mom or dad, so they still hold some control, right!

5-YEAR PLAN

It must be noted that, for this plan to work to its full extent, the plan needs to be implemented at least 5 years before the client needs Medicaid. Medicaid rules allow for a 5-year "look back" in which they create a penalty for any transfers of property in the 60 month period immediately before applying for Medicaid. Since none of us have a crystal ball, this is a difficult timeline to beat. However, for those clients that plan ahead and create a Medicaid Trust, maximum protection is afforded those assets transferred to the MIDGIT.

By "maximum protection", I mean that any assets transferred to a Medicaid trust at least 5 years before applying for Medicaid will NOT be "countable" for the purposes of applying for Medicaid and, further, will not be subject to Medicaid recovery procedures after the Medicaid recipient passes away.

Note: Veterans Aid & Attendance has no look back period and may use the same type of trust for protection strategies.

For more explanation on this plan, including a more in depth tax discussion, click below:

http://subscribers.trustsandestates.com/insurance/estate_medicaid_trust/wall.html?return=http://subscribers.trustsandestates.com/insurance/estate_medicaid_trust

For a look at your individual situation (or your parents' or grandparents') please feel free to contact a local attorney. We can be reached at pgantner@yourestatematters.com or 314-966-8077 or http://www.yourestatematters.com/.

Best,

Paul M. Gantner
Attorney at Law

Living Wills: Have they failed?

2010-05-04T15:21:00.000-05:00

That was the heading on a story in the St. Louis Post-Dispatch on Thursday April 29, 2010, in the Health section.

The article, written by Judith Graham of the Chicago Tribune, was inspired by legislators decision to remove provisions supporting end-of-life planning from laws enacted last month.

Here's some basic history: Last year, President Obama, as part of his health care reform, proposed initiatives to try to improve discussions between physicians and patients concerning end of life care and advanced directives (i.e., documents expressing our wishes as to whether "extraordinary measures" should be taken at the end of our lives, in case we are unable to state our preferences at that time). One version of the bill included a provision to pay for end-of-life consultations every five years. These proposed consultations would not be mandatory and would be patient-led, meaning that patients get to choose their path of care, not the physician. Given the intense opposition he had received, Obama dropped his suggestions from his health care proposals.

While I don't really wish to get into specifics about whether or not Obama's plan was the most effective way to encourage the preparation of a living will or advanced medical directive nor whether other items in the bill referring to hospice care etc. were necessary or not, I do think the debate over "death panels" and the like skewed somewhat the point of why someone would create these documents or at least have the conversations with their doctors and loved ones.

According to Graham's article, only 30% of adults have prepared an advanced directive, living will, or health care power of attorney. The idea behind these health care documents is that each of us are ultimately in charge of what medical treatments and procedures should be performed and when.  The problem we see, as estate planners, is that no one wants to think about the possiblity of becoming incapacitated. In reality, anyone over the age of 18 is vulnerable if they have not executed these documents, because even their parents have no legal rights to make health decisions on their behalf, and even if they did, they wouldn't know how the patient would decide.

This provision in the health care law was a way to encourage each American to think about the possibility of becoming incapacitated and unable to make or communicate their own health care treatment decisions and what procedure they hope is followed from that point on.

I always tell our clients that the most important thing to do regarding your legal health care documents is assign a health care surrogate who they trust. The health care surrogate should be someone that understands and will respect your beliefs, views, and decisions regarding end-of-life decisions. This person should be familiar with you, but should also have had these conversations with you before. The duty of a health care surrogate is to make the health care treatment decision that YOU, the principal, would make if you still had the ability to make or communicate your decisions. Their job is not to impose their beliefs or views on your situation and their job is not even to talk to the doctor to see what options give you the best chance at life.

Having a living will and advanced directive does NOT mean that you respect life more or less than someone else. There is not really any 'standard' form, though there are 'standard' provisions found in most versions of these documents (at least those prepared by competent attorneys) that specifically address certain laws (which are state specific). But a person could just as easily fill out the forms with a very 'conservative' view of end-of-life issues as they could fill them out with a 'liberal' view. Also, many of the forms merely give the health care surrogate, in cooperation with the physician, the ability (at some point) to impose your wishes.

As the article below points out, these forms are often to vague to really carry out with much certainty. The real movement should be toward education and communication between family and doctors-patients.

My favorite quote of the article: "The debate should be over the best way to honor the wishes of the individual, whatever those might be," Emanuel said. "In that light, this isn't a polarizing issue at all. It's something we can all believe in."

Read this article below and think about your own situation, or your parent's situation, or your child's situation. Have you had this conversation with your loved ones? Have you had this conversation with your doctor?  Do you have these documents in place, so you or your loved ones wishes can be followed?

http://www.stltoday.com/stltoday/lifestyle/stories.nsf/healthfitness/story/DC4E097F098F6FAE8625771300728C4F?OpenDocument

Best,

Paul Gantner
Attorney at Law

The World Bird Sanctuary Receives $40,000 Check to Reach its Goal

2010-04-28T15:20:00.002-05:00

Charlie Amen, an attorney at Purcell & Amen, L.L.C. is a trustee of the Kathryn Favre Foundation, read below to see how the foundation is helping out the World Bird Sanctuary Wildlife Hospital reach their goal to maintain operation.

The World Bird Sanctuary Receives $40,000 Check to Reach its Goal
The Kathryn Favre Foundation for Animals is making a $40,000 gift to the World Bird Sanctuary Wildlife Hospital. Foundation trustees Charles Amen, an attorney at Purcell & Amen, L.L.C., and Jerome Zitzmann, a financial advisor at Stifel Nicholaus & Company, will present the check today at 4:30 p.m. at the World Bird Sanctuary.

The World Bird Sanctuary Wildlife Hospital is looking to reach a goal of raising $40,000 by June 1st 2010. With the $40,000 gift from the Kathryn Favre Foundation, the Wildlife Hospital will meet their goal and continue to serve the wider Missouri community. The Hospital provides medical care and rehabilitation services to approximately 250-350 sick and injured birds of prey each year. Most of the cases that are admitted to the Wildlife Hospital have received an injury or are poisoned as a consequence of direct or indirect human encounter – collisions with buildings or vehicles, entrapment in sports nets, traps or fishing line, and being accidentally or purposefully shot.

The Kathryn Favre Foundation for Animals was set up by Katy Favre. Katy adored all living creatures, was a loving companion to many dogs and cats throughout her life, and regularly fed the birds, opossum and squirrels that came to her yard each day. She claimed to feed the wild birds out of her hand. Being a private person and an independent thinker, Katy chose to establish a foundation so gifts could be made after her death to animal welfare organizations. The foundation trustees both agreed that Katy would have wanted to help the Wildlife Hospital.

The World Bird Sanctuary is located 125 Bald Eagle Ridge Road Valley Park, MO 63088

Adult Children Learn to become Parents to their Parents

2010-04-27T15:54:00.000-05:00

Below is a link to a story on http://www.stltoday.com/ by Aisha Sultan.

The story details one man's experience managing day-to-day activities for his father whose physical and cognitive capacities began to decline and how that inspired him to begin a career in senior care and housing.

The story talks about such difficult situations as 1) taking away the keys; 2) taking over financial responsibilities; 3) differences among the siblings; 4) moving to a new home; and 5) affording old age.

These are all situations which we see every day in our practice. After you read the story feel free to comment on your own story and become a follower of the Purcell & Amen, LLC blog.

http://www.stltoday.com/stltoday/lifestyle/stories.nsf/parenting/story/088E96520E295D248625770D0065C9CF?OpenDocument

Best,

Paul M. Gantner
Attorney at Law

Long-term Care Insurance explored. . .

2010-04-07T09:47:00.001-05:00

The link below is a story posted on CnnMoney.com. I think there are some really good points in there, but in no way is the article complete. There are many other strategies for paying for long-term care. For instance, Veterans Aid & Attendance, Care Contracts with family or friends, or advance Medicaid Planning.

Briefly mentioned in the article are some of the many types of long-term care insurance policies and riders that can be added to a policy. For instance, a rider for inflation or a rider on a life insurance policy that provides for long-term care.

Insurance is defined by Merrian-Webster as:

1 a : the business of insuring persons or property b : coverage by contract whereby one party undertakes to indemnify or guarantee another against loss by a specified contingency or peril c : the sum for which something is insured

2 : a means of guaranteeing protection or safety

I think of long-term insurance as I would any other type of insurance: to protect myself against a loss from some unguaranteed event in the future.

Think for instance about buying insurance for shipping a package. You don't buy the insurance expecting to have to use it. You buy the insurance "in case" something happens. In the case of buying insurance for shipping a package, I wouldn't buy insurance to ship christmas cookies to a loved one at college. However, I would buy insurance when shipping a grand piano to a new home. If you lost the cookies, no big deal! You may have a disappointed college student, but nothing more. If you lost a grand piano, it would be difficult to replace and very expensive.

Therefore, I would only suggest long-term care insurance for someone with significant assets to protect. Otherwise, you could use some other strategies should you enter a nursing home or need other forms long-term care assistance.

Unfortunately, insurance is not something you can "wait and see" about your needs. The longer you wait, the more expensive it will be. . .and in some cases it will be too late to be insured at all.

The article below does a pretty good job of explaining how long-term care insurance can be a great solution for some, but may not be the answer for all.

http://money.cnn.com/2010/04/07/retirement/retirement_insurance_strategy.moneymag/index.htm?section=money_pf&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fmoney_pf+%28Personal+Finance%29&utm_content=My+Yahoo

Of course, I would recommend meeting with a qualified Estate Planning attorney, preferrably one knowledgable about insurance policies or with many contacts available, to answer specific questions you might have regarding your own situation.

Please feel free to leave your comments below or contact our office with questions at 314-966-8077 or by email at pgantner@yourestatematters.com.

Best,

Paul M. Gantner
Attorney at Law

Practical Ethics in Elder Law (HYPOTHETICAL #6)

2010-03-26T11:35:00.001-05:00

GUARDIANSHIP AS PROTECTION FROM FIDUCIARY

Charlie: Daughter and mom come in and tell me that son, using power of attorney, is stealing from mom. We did new POA, so son files for guardianship and the results were the public guardian as conservator and no one going after son. Should we have instead filed suit against son for violating fiduciary duty as POA?

Paul: If your goal was to go after son, which it appears it was, then yes, I would think violation of his fiduciary duties would be the route to take. Changing POAs will ‘stop the bleeding’, but would hardly bring any recourse against son, nor could we recover assets lost while son was acting under the POA façade. The guardianship is, in my mind, very similar to the POA, only sanctioned and enforced by the court. It’s to protect the ward going forward, not reprimand someone going from past.

Practical Ethics in Elder Law (HYPOTHETICAL #5)

2010-03-26T11:31:00.002-05:00

PROTECTING FUTURE INCOMPETENCY CLAIM

Charlie: Referred to a person who is old but appears competent, who says he wants to change his will and leave out some beneficiaries. What should you do to protect future claims of incompetency after the client dies and the persons left out of the new will (or trust) contest.

Paul: The problem with this fact pattern is that you never know when there will be some issue of competence down the road. If you can see it coming, I would recommend getting a doctor (or two) to fill out an affidavit attesting to client’s competence. If we can’t see it coming, and even still in these cases that we can, it turns on a situation of defending the case based on our routine.

I think building a consistent routine of asking the right questions. As we know, the standard for testamentary capacity is pretty low. For powers of attorney, it can be even lower! For a healthcare power of attorney, the client need only understand who the person is he or she is naming and trusts that the person will act in his or her best interests when it comes to healthcare decisions! For POA include that they understand what their assets are. For an estate plan, generally, it’s important that the client understands what he/she has, who is it going to go to now, who would you like it to go to. If we get into the habit of asking these questions every time, then there really cannot be much of a case as to testamentary capacity. Even if a 3rd party shows up later with doctor’s records showing the client was deemed to suffer from “dementia” or “Alzheimers”, this does not mean the person lacked testamentary capacity! In fact, barring an eye witness to the signing testifying that the person did not understand these things AT THE TIME OF THE SIGNING, nothing short of judicial declaration of incapacity for testamentary purposes will do!

It’s their case to prove! OF course, we can’t stop from being sued, but we can build a good defense in anticipation! We may even consider having every client fill out a simple capacity test, though many of those are difficult to understand, any proof of their capacity AT THAT TIME, would be helpful!

Dave: Paul, I totally disagree with you on this one! Do I do this for all my clients or just the old and feeble ones? Such precautions as bringing a physician into the process of determining competency prior to execution of estate planning documents or videotaping the conference would be very burdensome logistically, intrude on attorney client confidentiality, physician-patient confidentiality, and raise a strong inference that the client was incapacitated. If anyone later contests the plan they will surely "make hay" out of that inference. I owe the client the benefit of the doubt and if I cannot in good conscience subscribe to his capacity as attesting witness or notary, I should simply decline the representation.

Practical Ethics in Elder Law (HYPOTHETICAL #4)

2010-03-26T11:30:00.001-05:00

CHILDREN WANT CONTROL

Dave: Client met with me years ago and did an estate plan. Now the client's children come to me, representing that client is becoming frail and needs to enter a nursing home. They say they want to take over the management of client's legal and financial affairs in order to preserve assets, provide for their parents’ care, and save on nursing home costs. What can/should I do?

Paul: Always meet with the client-parent. Make sure to meet with parent alone without the children present. The rule forbidding representing new clients when, in doing so, you take a position adverse to a current client may forbid you from doing so without first getting informed consent, confirmed in writing.

Perhaps the estate plan was constructed some years ago and you have not had any contact with the parent in some number of years. You may take the position that the parent was a “former” client and not a current client. Even, in that case, informed consent, in writing, is necessary.

Another element comes into play when being paid by the children for their parent’s “plan”. At the very least, you’ll need informed consent. It is likely, that you’ll need informed consent in writing from both the parent and the child.

What if we take the position that the parent has “diminished capacity”? If the lawyer reasonably believes the client has diminished capacity, it seems the lawyer can work with the children to take protective action. While I believe it to be inappropriate in many cases to counsel a child in seeking guardianship of your client (their parent), that may be the action necessary to protect your client. This obviously requires a lot on the part of the attorney who must: (1) determine whether the plan sought by children is in the best interest of their parent; (2) obtain both parent and child’s consent in writing to move forward with the plan; (3) determine whether the parent has the ability to consent (or diminished capacity); and if the parent’s capacity is diminished, (4) determine what are appropriate protective actions for the lawyer to take at this time?

Dave: Have you considered that the adult children may have a durable power for the parent that on its face authorizes the change? Or that all the children/ beneficiaries seem to be in accord about the need for the change? Or that the client is apparently unable to come to your office for the interview or otherwise unable to participate?

Paul: I think we must take the position that the children are now our client. Anytime an attorney represents a client who is a fiduciary, the attorney must make clear that the client understands that the duties of both the fiduciary and the attorney are ultimately governed by the known wishes and best interest of the principal.

Remember, in this fact pattern, the parent is our only client when the children come to our office. Our first duty of loyalty, power of attorney or not, is to our current client, the parent. Note, however, even if the principal is not a client, in some situations the attorney owes a duty of loyalty to the principal.

It may happen on occasion that the attorney will follow instructions of the fiduciary without consulting the principal, especially when the principal is a non-client. In either case, the attorney needs to make a determination as to whether the fiduciary is acting in the principal’s best interest or not. I would pay particular attention to any transactions that would appear to benefit the fiduciary to the detriment of the principal.

If the fiduciary client is acting to the detriment of the principal, the attorney should counsel the fiduciary to rectify that conduct. If the fiduciary refuses, the attorney should take necessary actions to protect the principal even if it includes disobeying the adult children.

I would always make every effort possible to meet directly with the parent in this case. The attorney needs to make some determination as to the capacity of the parent and the parent’s status as our client, to determine whether attorney can continue the course of action with the children without informed consent. Then, if the parent is unable to give informed consent, I would use all information known to me to determine the known wishes and best interests of the parent and counsel the children to act accordingly.

Practical Ethics in Elder Law (Our Conclusion)

2010-03-26T11:26:00.002-05:00

We realize that our discussions of these ethical conundrums are neither final nor authoritative, in part because the clients and other players are interactive with us and the situations themselves are constantly evolving. Further, each situation is bedeviled by its own details, known and unknown. However, we are certain that the Elder Law attorney will continue facing these situations and, guided by moral principal, must zealously advocate for his or her client in whatever role they must fill.

Practical Ethics in Elder Law (HYPOTHETICAL #3)

2010-03-26T11:21:00.001-05:00

LAWYER AS TRUSTEE OR TRUST PROTECTOR

Dave: I prepared a trust for a client. Client was mentally competent and able to choose freely among alternative fiduciaries. Client chose me as trustee or trust protector, to act independently in administering the trust. Now I am receiving criticism [from third parties] about my additional fiduciary role. How might I respond to these criticisms?

Paul: There are some that argue no lawyer should ever serve as trustee or trust protector for a client for whom they’ve created an estate plan. I believe that position is too stringent. There may be no inconsistency at all in the attorney filling multiple roles, however careful planning and disclosure are needed from the beginning.

A lawyer is not to enter into a transaction with a client adverse to that client unless: (1) the terms are fair and reasonable to the client, fully disclosed in writing in a manner easily understood by the client; (2) the client is given reasonable opportunity and advised of the desirability of seeking independent legal counsel; and (3) the client gives informed, written consent to the essential terms, the lawyer’s role, and whether the lawyer is representing the client in the transaction.

While this rule does not specifically mention taking on a role as trustee or trust protector in a client’s estate plan, it’s not difficult to see the applicability. Some might argue a conflict of interest when an attorney takes on an ongoing role in the estate plan that earns a fee in addition to the role of planning attorney. However, to me, this appears to be a separate business transaction. One for which some precautions should be taken.

Dave: I would argue that this is not a business transaction with the client at all, but is the creation of an additional fiduciary role in order to advance the client’s best interests. Paul: We must be careful in these situations that the client is both clearly and fully informed, in writing, how the attorney will be paid and for what services. The attorney should relay to the client the importance of the decision of choosing a trustee and/or trust protector. The client should further be informed that the decision may warrant the advice of independent counsel.

If the client was reasonably informed, and agreed in clear writing to the terms which allow you to serve as trustee or trust protector, regardless of your place in the design of the estate plan, then any protesting third parties should have no recourse in the matter. This is, of course, provided that you’ve properly and zealously performed your additional fiduciary responsibilities.

The next question is whether you, as an attorney with certain fiduciary duties already imposed, take on additional roles which will add responsibilities and potential liabilities? Would we, as attorneys be held to an even higher level of fiduciary responsibility than a non-attorney trustee or trust protector?

Dave: As to your last question, I think an attorney as trustee would and should be held to a standard comparable to that of a trust company. As a practical matter, the courts seem to reinforce pretty low expectations for family and friends as trustees. But an attorney acting as such needs to be meticulous in accounting, prudent investing, and discerning the trust purposes and needs of the beneficiaries.

In selecting trustees, clients typically consider the availability and suitability of family members first, close friends and confidantes second. A bank trust company is appropriate in many cases, particularly involving larger estates, but fee schedules for smaller estates may be unaffordable. I think that the attorney should help the client examine all of the options and should consider suggesting himself as only a last resort. In most cases where I have been named as trustee, it was at the suggestion of the client rather than at my suggestion.

The attorney's dual role as special co-trustee or trust protector is much different from that of trustee because day to day management of assets is not involved. These roles have been around for a long time in offshore estate plans but are still fairly rare in domestic trusts. Our firm's estate plan drafting practice has been to prescribe a trouble shooter in case of disputes between fiduciaries or between fiduciaries and beneficiaries. We incorporate alternative dispute resolution remedies within the trust with the trust protector as the neutral and empower the trust protector to amend the trust or replace a trustee in certain circumstances. This is fairly untried ground. If the documents are well written and if the courts will enforce them, as they should under the Missouri Uniform Trust Code, and if the fiduciary acts faithfully to carry out the trust intentions, the strategy should go a long way toward reducing trust litigation. Refusal of the other parties to honor the plan may create a stumbling block.

I think that it is entirely proper for the settlor's attorney to fill this role. In fact it is difficult for me to envision anyone else in the position. Illinois courts recently decided a case where the drafting attorney counter-posed his own judgment in order to avoid undue influence on his aging clients. What say you to that?

A further note: I believe that most folks are trusting enough to place heavy reliance on another person for a single segment of their lives [e.g. their legal affairs, dental care, or financial management] but reluctant to put more than one egg in a single basket. This may be partly because, in an age of specialization, we tend to doubt that one person can be competent in multiple areas. But I think a deeper reservation may be a fear of becoming too dependent on someone else. So when in doubt, stick with the role that you started with.

Paul: I agree with your sentiments that clients are free to appoint whomever they want to serve as their fiduciaries under wills, powers of attorney, trusts, or other documents. Obviously, having the Elder Law attorney who prepared the documents appointed as the fiduciary raises special concerns about undue influence, overreaching, attorney self-interest, and the best interests of the client. For this reason, I don’t believe the attorney should ever promote his own appointment as fiduciary. I would only serve as a fiduciary as a last resort, when the client and the attorney have explored all other options of appointing family members or corporate fiduciaries, including the pros and cons of every option. If, after all of this explanation, the client insists that the attorney is the person for the job, I think it may be appropriate for the attorney to fill that role.

If the client insists on my being appointed as a further fiduciary in the estate plan, I would specifically explain the dual roles of the attorney and any potential conflicts of interest. I would be sure to execute a separate agreement that governs the role of the attorney as fiduciary and his or her compensation in that role. The lawyer who serves in these dual roles must ensure that the services and fees are differentiated, reasonable, and subject to client approval after full disclosure.

The role of special co-trustee or trust protector is an undeveloped area for certain. There have been two recent cases on the subject one in Illinois and one in Missouri.

Dunn v. Patterson was a significant Illinois case in that it combines established principles of trust law with the fiduciary duties an attorney owes to the attorney’s clients. In Dunn the drafting attorney added a provision which required his or a court’s approval before any modifications were made to his client’s trust. His intention was to prevent elder abuse in the future against his clients. This modification provision was held valid because the clients and their attorney created a method to protect the clients’ best interests in the event the clients’ capacities were later diminished and also, the attorney did not otherwise stand to benefit from the clients’ estates. While the attorney was successful in the legal action brought against him by the Dunns, it proved to be a pyrrhic victory in the end.

In McLean v. Davis the settlor’s attorney was named Trust Protector and a fiduciary capacity was expressly imposed. The trust described the duties and role of the trust protector, including the right to remove the trustee and appoint a successor trustee, but stated that the trust protector would not be held liable for any action taken in good faith. The attorney contended that Missouri law did not impose specific affirmative duties on a trust protector, and that the trust agreement did not include the specific duty to “supervise the trustees or direct them to act in any specific manner.” The trial court granted summary judgment in effect relieving the attorney of such responsibility, but the Court of Appeals reversed and remanded the case for further proceedings.

Missouri has adopted a version of the Uniform Trust Code. The UTC introduced the trust protector concept to Missouri law, but did not define or describe it in detail. That means that drafting attorneys and the courts will be given the job of considering the role, its limitations and the possibility of liability for either failures or mistakes.

The drafting attorney should be aware of the inherent risks of serving in multiple capacities, even when the law, circumstances, and wishes of his client appear to clearly allow it.

Practical Ethics in Elder Law (HYPOTHETICAL #2)

2010-03-26T11:19:00.001-05:00

HUSBAND AND WIFE PLANNED TOGETHER

Dave: I did an estate plan for husband and wife. They were in agreement on the plan and both signed my standard employment agreement, consenting to the joint representation, waiving confidentiality between themselves and conflicts of interest between themselves. Later, the husband calls me and apparently wants to unilaterally make some changes to the plan. What should I do? Does it matter if [a] the wife is deceased; [b] the wife may have reduced mental capacity; [c] the husband and wife have a blended family; [d] the husband has a girlfriend; or [e] the husband has a durable power of attorney for the wife?

Paul: It’s the nature of elder law practice to come into contact with conflicting responsibilities with clients. The Rules of Professional Conduct prescribe general rules for resolving conflicts; however, most of the time the Rules do not direct exactly how the attorney is to proceed. Such issues must be resolved in a broader sense through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules.

Missouri Supreme Court Rule 4-1.7 deals directly with concurrent conflict of interest. It states that a lawyer shall not represent a client if there is a concurrent conflict of interest. Such conflict can only be resolved if the lawyer “reasonably believes” that the lawyer will be able to provide competent and diligent representation to each affected client and each affected client gives informed consent, confirmed in writing. A lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of the client if the representation will result in the violation of the rules of professional conduct or other law.

Using these rules as a background, if wife is living, I would remind him of the legal services agreement waiving personal confidences and that he had agreed to joint representation. Further, that an equal duty is owed to his wife and that these changes cannot be made without her informed consent. If he refuses to allow communication between all parties, then withdraw from representation of both and send each a letter to confirm that you are prevented from continued representation of either.

If the wife is deceased at the time of the husband’s call, continued representation of husband’s unilateral plan would depend on the terms of the joint estate plan itself. If the plan allows for unilateral changes after the death of one spouse, you must allow it. Hopefully, that was an issue brought up in the initial consultation with both spouses.

If, after speaking with the wife, you reasonably believe she no longer has testamentary capacity, the situation is legally similar to her being deceased. If the estate plan allows for changes by one spouse after the incapacity of the other, I would proceed with the husband’s wishes. If the estate plan does not allow for unilateral changes upon incapacity [which I would most likely recommend in a blended family situation] then I would remind the husband of these terms.

The last fact pattern raises the question as to whom you owe a duty when dealing with a power of attorney; the principal or the agent. Obviously, the agent owes a duty to the principal, but is it our job as attorneys to ensure they are acting in the best interest of the principal? In this case, both the principal and the agent are our clients. Therefore, I’d argue that the general procedural aspects above should apply. The power of attorney would not affect proper procedure. If the wife was NOT our client and we did not create the original plan, then we need only confirm that the husband has the authority to make these changes to the joint estate plan under the power of attorney. Of course, NO power of attorney can give the power for an agent to create a will on behalf of the principal.

Dave: This hypothetical certainly highlights the importance of knowing your client[s] and their situation in adequate detail. New client intake questionnaires, interview skills, note-taking and persistence can provide a background for future decision making. First of all, if the wife is living I would want very much to confer with her directly before making any changes. If the husband says that his wife is dead, I want to see a death certificate. If she is allegedly incapacitated, is there an adjudication of that status? Is there a court appointed fiduciary to protect the wife's interests? What is the nature of the proposed change and how does it fit with the prior plan? Are outside influencers [girlfriends, adult children, gambling problems, etc.] in evidence?

If there is a power of attorney which appears to confer authority for the changes requested I would still want to make an independent determination as to whether I, as the wife's attorney, am comfortable with its application. If not then I may decline to participate in making the unilateral changes which the husband requests.

Paul: It is to the client that the lawyer owes professional duties of competence, diligence, loyalty and confidentiality. That is why it is so important that both the attorney and the parties involved understand who the “client” is, at the earliest stage possible, so that the attorney (a) understands and identifies whose interests are being addressed in the legal planning and legal representation process, (b) understands and clarifies to whom the attorney has professional duties of competence, diligence, loyalty, and confidentiality, (c) clarifies what steps can and cannot be taken after an initial consultation if the client is not present, and (d) arranges at the earliest possible time for private, direct and personal communication with the client, preferably face to face.

In practice, this means that the attorney must take great care in the development of his or her intake forms and legal services agreements. These documents will allow for both attorney and client to set forth their presumptions of how the relationship will work going forward. It is also important to supplement the forms with more detailed explanation to all interested parties as to the scope of the representation and with whom your duties are applicable. The engagement agreement should: (a) identify the client; (b) describe the scope and objectives of representation; (c) disclose any relevant foreseeable conflicts among clients; (d) explain the lawyer’s obligation of confidentiality and (e) confirms that the lawyer will share information and confidences among the joint clients; (f) sets out the fee agreement; and (g) explains how and when the attorney-client relationship may end.

It is also recommended that the attorney meet with the wife in this case at the earliest possible stage so that the client’s capacity and desires can be determined without interference. This is especially true when the husband is gaining any advantage over the wife or the husband’s heirs would gain a substantial advantage over the wife’s heirs.

Practical Ethics in Elder Law (HYPOTHETICAL #1)

2010-03-26T11:16:00.001-05:00

CLIENT SEEMS INCONSISTENT AND IRRATIONAL

Dave: Client seemed rational and in charge of faculties when I did prior estate planning with her some years ago. Client has come back to the office to update her estate plan and seems irrational. Her wishes as currently expressed are inconsistent with her prior expressions and I cannot fathom the reason. What should I do to protect her and myself?

Paul: When dealing with the elderly, an attorney’s role as an advisor becomes even more important. In representing a client, a lawyer must exercise independent professional judgment and render candid advice. We know that a lawyer is to maintain a normal client-lawyer relationship as far as reasonably possible even if the client has diminished capacity. The lawyer can take “reasonably necessary protective action, including consulting with individuals or entities that have the ability to take action to protect the client” when the lawyer reasonably believes the client (1) has diminished capacity; (2) is at risk of substantial physical, financial or other harm unless action is taken; and (3) cannot adequately act in the client's own interest.

But how does the attorney determine if the client has diminished capacity, is at risk of harm, or cannot adequately act in her own interest? How do we determine which individuals or entities have the ability to take actions to protect the client? How do we determine which individuals or entities have the client’s best interests in mind?

Of course when speaking with individuals or entities about the client’s situation, there is the issue of client-lawyer confidentiality. When taking protective action, the lawyer is impliedly authorized under Rule 4-1.6(a) to reveal information about the client, but only to the extent reasonably necessary to protect the client's interests.

Dave: This is a tough call. Particularly since the attorney does not have assurance that the client has revealed his or her true reasons for action. The attorney has some obligation to try to get to know the client and to ascertain client's testamentary capacity [understanding of the subject matter involved with the transaction, the nature of the transaction, and the parties involved], and the attorney can certainly advise the client on possible consequences and alternatives. But the attorney is not the ultimate arbiter of what makes sense. Moreover the planning attorney's ability to determine the client's mental competence is hampered by the lack of exacting standards, the difficulty and expense of obtaining a mental health assessment, and by the need to protect confidentiality.

Fundamental to the attorney-client relationship is that the client has a right to be wrong. In some cases it may be appropriate for the attorney to simply tell the client that the client's decision is such that the attorney is unwilling to participate in its implementation. In other situations it may be appropriate to document the attorney's reservations. A warning letter to the client about the proposed action may be either overly patronizing, too simplistic to outline all of the possible risks, too technical and detailed for a layperson [especially one of questionable judgment] to understand, and a considerable burden on the attorney to compose. Is the purpose of the warning to protect the client or protect the lawyer? The resemblance to defensive medicine [too many tests] is striking!

Paul: The Missouri Supreme Court addresses which factors should be considered in determining the extent of a client’s capacity in Comment [6] under Rule 4-1.14.

I believe the attorney should use his or her knowledge of the client’s known long-term commitments and values to determine whether something has changed considerably in the client’s life to justify this sudden change, or if the client has been under considerable duress or lacks capacity.

It may be necessary for the attorney to take some sort of protective action on behalf of the client. When taking appropriate measures to protect the client, the elder law attorney should be: (a) guided by the wishes and values of the client and the client’s best interests; (b) seek to minimize intrusion into the client’s decision-making autonomy and maximize the client’s capacity; (c) respect the client’s family and social connections; and (d) consider a range of actions other than court proceedings and adult protective services.

Using what the attorney knows about the client’s values and wishes, the attorney must advocate for the client’s best interests. This responsibility increases with the extent to which the client cannot determine his or her own best interests. The attorney must aim to protect the client’s rights, remedies, and economic interests and [to the extent the attorney knows] the attorney should take the course of action which the client would choose if the client were capable of deciding.

This, of course, creates a potential conflict between the client’s current wishes and the client’s best interests. Ultimately, the attorney should balance the client’s need for decision-making assistance with the client’s other interests such as autonomy, safety, independence, financial well-being, health care, and personal liberty. All actions taken should be the least restrictive alternative, the least invasive by the attorney, and should reflect the wishes and values of the client and the client’s best interests.

Dave: If prospective heirs or others later dispute what is done now, a hindsight evaluation of whether or not the attorney correctly diagnosed the client's capacity, evaluated the client's best interests and current wishes, called in family members, experts, or otherwise intruded upon the client's confidences, autonomy, privacy, and freedom of action could put an incredible burden upon the attorney! It seems to me that going against the client's currently articulated desires carries a high degree of risk. Assuming there was no conflict of interest or other ethical breach, the attorney ought to get the benefit of the doubt for a decision made in good faith.

Practical Ethics in Elder Law (An Introduction)

2010-03-26T11:13:00.003-05:00

Ethical dilemmas come fast and furious in the practice of Elder Law. An attorney’s decision as to how he or she should proceed in a situation often must be made quickly, under the immediate pressure of the client’s apparent needs and wishes. Even the most diligent lawyer may nevertheless not have all the information and resources available that he or she would like. The Model Rules of Professional Conduct (ABA 2005), as adopted by Missouri (Missouri Supreme Court Rule 4), must be applied in the context presented; which will include the lawyer’s own experience, professionalism, and sense of right and wrong.

We offer these conversations between Dave (the aging mentor) and Paul (the young associate) on hypothetical, but not uncommon situations such as we deal with on a daily basis, in the hope that they will raise general awareness and stimulate discourse among our fellows for the betterment of those we serve.

Practical Ethics in Elder Law (How It Will Work)

2010-03-26T11:12:00.002-05:00

Dave Purcell and I wrote an article for the Spring Issue (2010) of the St. Louis Bar Journal that looks at some common situations in which an Elder Law attorney might find himself or herself.

Our hope is that the article will spark some conversation about how the attorney should act in the given situation. We understand that some attorneys may have a differing opinion as to the best course of action given the professional rules which apply. We further understand that every situation involves different people and different facts. Our aim is to open up some dialogue as to where holes in the ethical rules exist and how we should respond. If any reader has an idea for a new post of a common ethical situation an Elder Law attorney may face, please mention the fact situation in the comments and we'll begin a new conversation post.

I will publish a new post for each hypothetical we have developed to this point, as well as the introduction and conclusion (from our article). I believe this is the easiest way for readers to direct their points and to allow for a fluid conversation.

Thanks for reading!

Paul Gantner
Attorney-at-Law

Bankruptcy and the Cost of Growing Older

2010-03-23T08:56:00.000-05:00

http://finance.yahoo.com/banking-budgeting/article/109143/top-5-reasons-why-people-go-bankrupt?mod=bb-checking_savings

Above is a link to an article listing the Top 5 reasons people go bankrupt. Dave and I were just talking about this yesterday. While job losses have taken center-stage the last couple of years (and while it's a terrible thing to happen to anyone), it is not the biggest reason for personal bankruptcy.

The biggest reason. . .medical expenses. That's why it is SO important to plan for the worst. Long-term care insurance, life insurance, and proper estate planning are just a few of the ways that people can prepare for unexpected illness.

For some other ideas and a look at the "High cost of growing older", check out the link below.

http://finance.yahoo.com/news/The-High-Cost-of-Growing-usnews-3519643292.html?x=0

As always, feel free to contact me with questions at pgantner@yourestatematters.com or by phone at 314-966-8077 or come visit our website at http://www.yourestatematters.com/.

Best,

Paul Gantner
Attorney-at-Law

Death-bed gifts

2010-02-05T11:50:00.000-06:00

So I was stumped today in my seminar for Find Out Friday. The question was "what formal requirements exist for the creation of a 'death-bed will'?" I looked it up almost as soon as I got back to the office.

The reason I was so confused is that there is no such thing, at least in Missouri, as a 'death-bed' will.

For a will to be valid in Missouri it must meet the following GENERAL REQUIREMENTS: (1) Testator must be at least 18 years old and of sound mind (emancipated minors also qualify); (2) The instrument must be revocable during the lifetime of the testator and operative at the testator's death; and (3) Testator must PRESENTLY INTEND that the particular instrument operate as her will.

The will must also meet certain FORMAL REQUISITES: (i) the will or codicil must be signed by the testator; (ii) the testator must request the witnesses to sign; (iii) the will or codicil must be subscribed by two attesting witnesses; (iv) each witness must sign in the testator's presence; and (v) the witnesses must know that they are witnessing a will.

These requirements must be met IN ANY CASE that a will is to be created. Wills may be handwritten in Missouri, but even handwritten wills must be witnessed by two disinterested witnesses.

Here's the rub. In Missouri, NUNCUPATIVE or oral wills may dispose of personal property not exceeding $500 in value. The testator must be in imminent peril from illness or some other cause, must eventually die from the impending peril, and must declare before two disinterested witnesses, one of whom must reduce the will to writing within 30 days. The will must be offered for probate within six months after teh testator's death.

As you can see, a "death-bed" will is not the ideal approach. For all property to be disposed of according to your wishes, a will must be executed with all the formalities required by law, REGARDLESS of the health or peril of a testator. The death-bed exception is only effective in Missouri to dispose of up to $500 in personal property and still must meet some formal requirements.

I hope this clears up any confusions for hospice workers and the like that deal with this situation routinely. This is clearly not an ideal way to make a will and the best case scenario would be to have the proper documents in place LONG BEFORE this time.

As always, feel free to contact our office with your particular situation/issues and set an appointment, our number is 314-966-8077. You can also email me at pgantner@yourestatematters.com

Best,

Paul Gantner, Attorney-at-Law

2010 "To-Do" List: Implement a New Life Plan

2010-01-20T14:38:00.000-06:00

The new year is always a great time to start fresh! Make new year's resolutions, implement a new life plan, if you will.

Your plan might be to start going to the gym and focusing on your health. Maybe your plan is to start going to church regularly again, perhaps your plan is to spend more times with your spouse or you kids. All of these are worthy efforts and worth another look at the beginning of each year. Maybe THIS year, is the year we can stick to our plan.

Sometimes it's easier to start slow. Take one thing at a time. Don't get in over your head. Well Yahoo!Finance put together a Financial ToDo List for 2010. They dedicate one month to one activity. One month is creating a budget, one month is analyzing your investment portfolio, and another is reviewing your current insurance policies to see if your needs are being adequately met. My favorite is June (Tackle Estate Planning).

Many of these same topics were covered in my Finance 1000 class that I taught to undergraduate students, while attending graduate school. Most of these 'months' had chapters dedicated solely to each topic. While the plans and ideas are easy enough for anyone to understand, sometimes you just need a little push to just sit down and tackle the tough issues and begin implementing your new life plan!

As always, if you are in the Greater St. Louis area, please feel free to contact us with any issues at 314-966-8077. If you are from outside the Greater St. Louis area, we still may be able to help, or can direct you to another American Academy of Estate Planning Attorneys member.

Below is the link from Yahoo! a Financial "To-Do" List for the new year.

http://finance.yahoo.com/news/Your-2010-Financial-ToDo-ms-1980784672.html?x=0

Best,

Paul M. Gantner
Attorney at Law

Medicare Advantage

2009-12-30T09:54:00.001-06:00

There is an interesting article I came across today on CnnMoney.com. This talks about the changes in Medicare and, particularly, the addition of the Medicare Advantage plans. It seems that these plans are difficult to understand until you are trying to use them yourself or for your parents. What do you think?

http://money.cnn.com/2009/12/29/pf/medicare_advantage.moneymag/index.htm?section=money_pf&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fmoney_pf+%28Personal+Finance%29&utm_content=My+Yahoo

Follow-up on Power of Attorney

2009-12-10T10:51:00.002-06:00

This story shows the dangers of joint accounts as well as the potential danger in giving Power of Attorney to someone who cannot be trusted. Sometimes the banks (and the attorneys) have to do some investigating themselves to find out who really has mom or dad's best interests at heart. Sometimes the court will punish you if the wrong conclusions are drawn!

Many of these issues can be avoided with proper planning BEFORE the issue arises. We recommend speaking with a qualified Estate Planning and Elder Law attorney prior to diminished capacity being an issue.

As always, if you are in the Greater St. Louis area, please feel free to contact us with any issues at 314-966-8077. If you are from outside the Greater St. Louis area, we still may be able to help, or can direct you to another American Academy of Estate Planning Attorneys member.

Best,

Paul M. Gantner
Attorney at Law

What is Probate and Why Should I Avoid it?

2009-12-02T17:55:00.003-06:00

What is Probate?

"Probate" is the proceeding in which an instrument is judicially established as the duly executed last will of the decedent (or, if there is no will, the proceeding in which the decedent's heirs are judicially determined). The purpose of probate is to provide for orderly transfer of the decedent's property to the heirs (which are determined according to the will or by Missouri's intestate laws). But before clear title can be passed to the heirs, the court must determine whether there are any claims against the estate. The court then must determine the legitimacy of the claims and insure timely payment of any proper claims.

What's so Bad About That?

1) Probate is Public Record. If you're the type of person that likes to keep his or her family and financial affairs personal, then a trust may be better for you.

2) Probate can be Expensive. There are many costs associated with probate including: a) bond premiums; b) cost of publication; c) court costs; and d) personal representative and attorneys fees. The fees for these services are based upon the amount of work performed. Missouri law provides for a minimum fee schedule from 5% on the first $5000 to 2% on all sums over $1,000,000.

3) Probate can Increase the Length of Time the Assets are Tied Up. The court gives a more than six month window for both known and unknown creditors to make a claim against the estate. Therefore, until at least that much time has passed, the court will not allow final distribution to the heirs. Often times, the process takes even longer.

So, What are the Alternatives?

There are numerous estate planning tools and strategies which can minimize, or even eliminate the probate process. There are many types of assets that are non-probate assets and can pass to the beneficiaries outside the probate process. Also, a fully-funded trust can be an excellent tool to avoid the probate process.

If you are a named personal representative for an estate, there are many resources out there to educate you on the legal process and what steps need to be taken. Contact an Estate Planning and Probate attorney in your area for more information. Most firms will offer a free consultation.

If you have specific needs or questions, it's always best to speak directly with an attorney. Although our firm generally serves the Greater St. Louis metropolitan area, we would love to help you with any Estate Planning or Elder Law needs.

Even if you are outside of the Greater St. Louis area, feel free to call our office at 314-966-8077 or email me at pgantner@yourestatematters.com. If we cannot help you ourselves, we would be happy to refer you to an attorney in your area.

Don't forget to check out Purcell & Amen, LLC on Facebook and Twitter!

Also visit us online at http://www.yourestatematters.com/.

Best,

Paul Gantner

Attorney at Law

Money 101 - Estate Planning

2009-11-13T11:55:00.002-06:00

This is a great article on the BASICS of estate planning. Why should everyone have some sort of an estate plan? Not just for the rich? Not just for the old? That's right. Read this article from CNN Money and find out what documents you may need!

Happy Veterans Day! Special Offers for Military, Veterans and Active Duty.

2009-11-11T11:11:00.000-06:00

To all of you who served, we salute you. We think you made a pretty good investment in this wonderful country. Happy Veterans Day! In honor of Veterans Day, we would like to share some Veterans Day Specials with you.

These offers are available to all Military, Veterans and Active Duty.

Simply show proof of military service, including showing up in uniform, military ID, military service organization ID (VFW card, etc), a picture of you in uniform or other proof.

Purcell & Amen would like to give a FREE Advance Directive for Health Care (combination of the living will and health care power of attorney) to any veteran or veteran’s immediate family members (parent, sibling, or children). If they call our office this week and schedule a FREE one-hour, private initial consultation ($295 value) to answer any questions about setting up their Estate Plan, they will receive a FREE Advance Directive for Health Care ($195 value). When setting up the appointment, they must let us know they are a veteran or veteran’s immediate family members.

Applebee’s is supporting military veterans again this year by offering military members and veterans a FREE entrée on Veterans Day.

Arby’s is giving FREE regular roast beef.

Krispy Kreme is giving away a FREE donut.

Hair Saloon for Men is proud to offer Complimentary Men’s Haircut Services at every location on Wednesday, November 11, 2009 from 8 a.m. to 8 p.m. Appointments and walk-ins are welcome.

10% off materials (not installation or labor charges) at Home Depot and Lowe’s thru November 15th.

At Outback, receive a FREE Bloomin’ Onion and beverage*.

Sam’s Club is offering 25,000 FREE Hugo Walking Canes to military veterans in need of mobility assistance.

Uno’s is offering a FREE entrée or individual pizza with the purchase of an entrée or pizza on Veterans Day.

Thank You!

Call our law firm at 314-966-8077 to set up an appointment or visit us our website.

Purcell & Amen, L.L.C.
Medicaid
Veterans Benefits
Missouri Care Planning Council

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

What is a Power of Attorney?

2009-11-04T11:31:00.003-06:00

A lot of you may have heard of a "Power of Attorney", also known as "attorney-in-fact", but perhaps not all of you really know what it is exactly. There are two broad categories of powers of attorney: 1) Property Power of Attorney; and 2) Health Care Power of Attorney. We'll address the health care power of attorney in a future blog, one that deals with a few separate documents that deal with health care matters. What I want to talk about here is the property power of attorney.

By assigning someone as your power of attorney, you give him or her the ability to make decisions on your behalf. In the case of a property power of attorney, you are giving someone the ability to make financial and legal decisions on your behalf.

The extent of power given to the power of attorney depends almost exclusively on the document itself. The authority can be as expansive or limited as the document allows, with certain exceptions and limitations imposed by law (e.g. one cannot delegate the authority to have another execute a will on his or her behalf). When in doubt, read the thing!

A power of attorney can either be "durable" or not. "Durable" means the power of attorney remains effective upon the incapacity of the "principal" (i.e. the person executing the document). This is an important time for someone to have the authority to act on you behalf, so I would almost always suggest making the power "durable".

The power of attorney can also be "springing" or "immediate upon execution". "Springing" means that the authority only arises upon the happening of some event (e.g. deemed incapacitated by two doctors), while "immediate upon execution" means as soon as the principal signs the document, the "agent" (i.e. first person named as power of attorney) has the authority to act on behalf of the principal.

It is really important for ANY person over the age of 18 to have a power of attorney in place. You never know when something terrible might happen, where you'll need someone who can act on your behalf. Or maybe it is just a matter of convenience. You may travel a lot and need someone to be able to handle your affairs if you are out of the country. Parents, when your children head off to college, even though you may still be paying the bills, your right to legally act on behalf of your child ends when he or she turns 18. You will want a property power of attorney and a health care power of attorney in place.

If you are over 18 years old, then it is never too early to be prepared and to designate the person YOU CHOOSE to be able to act on your behalf on financial and legal matters. You can tailor the document to meet exactly your needs.

If you have specific needs or questions, it's always best to speak directly with an attorney. Although our firm generally serves the Greater St. Louis metropolitan area, we would love to help you with any Estate Planning or Elder Law needs.

Even if you are outside of the Greater St. Louis area, feel free to call our office at 314-966-8077 or email me at pgantner@yourestatematters.com. If we cannot help you ourselves, we would be happy to refer you to an attorney in your area.

Don't forget to check out Purcell & Amen, LLC on Facebook and Twitter!

Also visit us online at www.yourestatematters.com.

Best,

Paul Gantner
Attorney at Law

One Years's Advance Funding of the V.A.

2009-10-22T16:32:00.001-05:00

We have just received some good news for Veterans via The American Legion. President Obama has just signed a bill providing for one years's advance funding of the V.A. in order that program continuation is assured. Our law firm is increasingly involved in helping Vets and their spouses and surviving spouses to obtain Aid and Attendance Benefits to assist with perrsonal care and housekeeping. Its a great benefit that has been well earned. If you know of anyone who was a wartime vet or married to one, and could use some help paying for nursing care send them our way! DSP

How will I Pay for Mom and Dad's Long Term Care?

2009-10-21T17:30:00.002-05:00

One of the greatest fears of older Americans is that they may end up in a nursing home. This not only means loss of personal autonomy, but also a tremendous financial price. Depending on the location and level of care, nursing homes can cost between $3,000 and $10,000/month! It's a difficult decision just to determine that mom or dad needs to enter a long term care facility. But now you're faced with a huge problem: How will I pay for mom and/or dad's long term care?

As an Estate Planning and Elder Law law firm, this is one of the most common worries that our clients express at the initial consultation. Unfortunately, often times this becomes a concern only AFTER mom or dad has entered a long term care facility. At this point our available options are much fewer in number. But don't worry, options do still exist!

There are essentially 3 different ways that clients can pay for long term care. While the first two options are relatively simple and straightforward, it is the third option that, with appropriate planning and foresight, can offer the most benefit.

One option for tackling long term care expenses is to self pay. Most people end up paying for nursing home care out of their savings until they run out. Then, at that point, they can qualify for Medicaid to pick up the cost going forward. Well, what if mom or dad would like to save some money for a healthy ("community") spouse? What if they would like to leave money to you, their children? Through careful planning, especially in advance of this need, you can help protect your parent(s) estate.

A second option for paying for long-term care is to purchase long-term care insurance. There are certainly some advantages to purchasing long-term care insurance: 1) You choose how you will pay for long-term care; 2) You choose where the care will be received; and 3) You can choose who will provide the care. There are two major problems with the long-term care insurance route. First, people often buy a policy that is insufficient to pay for the entire cost of care. If the nursing home costs $180/day, and policy that pays $30/day is not very helpful. It is a good idea to be sure your policy adjusts its payments with the increases in cost of care over time. The second issue we often see is that, by the time we think about long-term care insurance, mom and dad are uninsurable! It's too late!

Your third option to check out is whether or not mom or dad is (or can be) eligible for a government benefit. To maximize government benefits, it's very helpful to start planning at least five years before mom or dad would need to enter a long-term care facility. However, some benefits may begin right away! There are two government benefits, which I will briefly discuss, that are not utilized as much as they could be. There are many people that could easily qualify with some simple planning and some of these people are already qualified!

MEDICAID

The reason planning needs to begin five years before nursing home care will be needed is because Medicaid in Missouri has a five-year "look back". This means essentially that when you apply for Medicaid, the State will "look back" five years to make sure mom and dad haven't given away any of their assets. If they have given away any assets (including to an irrevocable trust), then a "penalty period" is created. This penalty period creates a period of ineligibility for Medicaid benefits, which will not begin to run until mom or dad otherwise qualifies for Medicaid and the application is submitted. The length of the "penalty period" depends on the size of the transfer.

To be eligible for Medicaid, one must be at least 65 or blind or disabled. The applicant must also have less than $1,000 in "countable assets". Finally, the applicant's long-term care expenses should exceed his/her income. (This makes sense, since the State will take mom and/or dad's income and, in exchange, will pay the long-term care expenses). "Countable assets" are essentially any asset in mom or dad's name other than: 1) their homestead; 2) one vehicle; and 3) EITHER a) life insurance with cash value under $1500; b) burial plot; c) burial plan; d) pre-paid funeral.

For specific solutions to your parent(s) Medicaid eligibility, please seek the guidance of an Estate Planning and Elder Law attorney.

VETERANS AID AND ATTENDANCE

The second government benefit, is a benefit that not near enough people know about: Veterans Aid and Attendance. It is available to all (honorably discharged) veterans who served at least 90 days active duty, 1 day of which was during a period of war (the veteran NEED NOT have served in combat). This benefit provides supplemental income to disabled or older veterans who are disabled for reasons other than service-connected injuries or illnesses and who have a low income. This benefit is also available for surviving spouses or dependent children of deceased veterans.

It is abosultely amazing to me, the amount of people eligible for this benefit who do not no about it. According to the 2007 Statistical Abstract of the United States for the most recent year of 2005. There were 7,091,000 living veterans, over 65, of the Korean Conflict, Vietnam War, WWII or the Gulf War. There were also an estimated 4,369,000 surviving spouses or dependent children of deceased veterans. This makes a combined 11,460,000 potential Aid and Attendance beneficiaries. In 2007, there were only 543,000 Aid and Attendance beneficiaries. That means that only 4.7% of potential beneficiaries were taking advantage of this great benefit!

There are, of course, some other eligibility requirements based on both assets and income.

ASSET TEST -- Household cash assets or assets that can be readily converted to cash cannot exceed $80,000. There is no specific test below $80,000. A Veteran’s Service Representative will decide on a case-by-case basis what the allowable level of assets should be. Personal residence, vehicles and personal property are exempt from the asset test

INCOME TEST -- The veteran household countable income must be less than the Maximum Allowable Pension Rate. As a practical matter, the veteran household's unreimbursed daily living expenses must exceed total income.

If these criteria are met, a single, living veteran can receive an additional $1644/month; a veteran couple can receive $1949/month; and a surviving spouse of a veteran can receive $1056/month. Now that is a LOT of money to be leaving on the table!

This money could be used . . . to pay any person (including CHILDREN) to provide home care. . .to pay for PROFESSIONAL home care services. . .to pay for ASSISTED LIVING. . . or to pay for a NURSING HOME.

To determine if you or your parents may qualify for this benefit and in order to maximize your benefit with the least amount of time for processing your claim, seek the guidance a qualified Estate Planning and Elder Law attorney.

If you have specific needs or questions, it's always best to speak directly with a licensed attorney in your area. Although our firm generally serves the Greater St. Louis metropolitan area, we would love to help you with any Estate Planning or Elder Law needs.

Even if you are outside of the Greater St. Louis area, feel free to call our office at 314-966-8077 or email me at pgantner@yourestatematters.com. If we cannot help you ourselves, we would be happy to refer you to an attorney in your area.

Don't forget to check out Purcell & Amen, LLC on Facebook and Twitter!

Also visit us online at http://www.yourestatematters.com/.

Best,

Paul Gantner

Attorney at Law

Learning All of the Latest and Greatest New Media

2009-10-21T17:13:00.003-05:00

I remember hearing years ago about how, with human knowledge and technology expanding at an increasingly rapid pace, we would someday find ourselves with a malady called "future shock." In that state events and changes would be coming at us so fast that our coping mechanisms would overload. Sometimes I am not sure whether I am already there. Here I am, nearly sixty four years old, learning all of the latest and greatest new media like Linked In, Facebook, microweb pages, and the blogosphere in order to communicate with others my age or older [and yes, younger] about some universal truths that we are learning about life, death, aging and disability, family values, prudent investing and the like. Also about the rapidly changing world of estate taxes [think about it, if a billionaire dies within the next ten weeks his estate exceeding 3.5 million dollars will be taxed at 45 % or so while if he dies on January 1st or thereafter there will be no tax whatever], government benefits like Medicaid, Social Security and Veterans Administration Aid and Attendance. Our law firm is entirely devoted to trying to keep ahead of these areas of so we can advise our clients on making the best choices for the future. In addition we spend a great deal of our energy, frankly, trying to mitigate the effects of bad choices which they have made in the past. In the inimitable words of Pogo, [you remember from the comic strips?]we have met the enemy and it is us! Example: an elderly client who, after narrowly escaping from the predations of a gold digger who was wanted in several states for financial exploitation of seniors, promptly turns around and marries another one. Big surprise: she turns out not to be quite the devoted companion he imagined. So its Purcell & Amen to the rescue all over again! If you log onto this blog from time to time, I'm sure you will find a lot of good information and ideas, and hopefully the experiences of others will be of value. More later DSP

An Introduction to the Purcell and Amen Blog: A Blog about Blogging

2009-10-14T11:22:00.008-05:00

Blogging has become a very popular tool in the digital age. According to Wikipedia (hey, it's 'collective knowledge'!), "blogging" has been around for at least 15 years and has been mainstream for at least the last five years. http://en.wikipedia.org/wiki/Blog

Blogs began at the personal level as a vehicle for anything from keeping a diary you intend to share with friends and strangers alike to sharing an interesting article you've read. Now blogs are even being used at the corporate level for advertising, public relations, and marketing.

It seems that blogging can become a very useful tool for today's law firm by blending the aspects of the personal blog and the corporate blog.

We believe at Purcell & Amen, that it's important to keep our clients up-to-date with not only changes to the law, but also with the happenings our firm. Through these blogs, our firm can:

1) Pass along articles covering issues relevant to our clients;

2) Help make clients and potential clients aware of the dangers of not creating an estate plan;

3) Help make the public aware of potential pitfalls of existing estate plans;

4) Keep clients informed of new devices or new products available to protect their family and/or their estate; and

5) Answer some common questions and ease potential worries that exist in families across the United States.

Perhaps more important than any of the reasons above, a blog is a useful way to connect with our clients; a place where we can keep a constant dialogue with our clients to make sure our practice is both improving and growing to meet our current and future clients' needs.

We welcome any comments from blog readers and appreciate any feedback. If there are particular topics of interest related to the fields of Estate Planning and Elder Law, we would be happy to do some research and pass along any findings.

Of course, we love to keep everyone connected by mentioning our upcoming seminars, any special offers or promotions, or any social events our firm is hosting.

So, here we are! Purcell & Amen, LLC has created a blog. We hope you'll follow us as we intend to update our blog regularly with the latest and greatest in the world of Estate Planning and Elder Law.

If you have specific needs or questions, it's always best to speak directly with an attorney. Although our firm generally serves the Greater St. Louis metropolitan area, we would love to help you with any Estate Planning or Elder Law needs.

Even if you are outside of the Greater St. Louis area, feel free to call our office at 314-966-8077 or email me at pgantner@yourestatematters.com. If we cannot help you ourselves, we would be happy to refer you to an attorney in your area.

Don't forget to check out Purcell & Amen, LLC on Facebook and Twitter!

Also visit us online at http://www.yourestatematters.com/.

Best,

Paul Gantner

Attorney at Law

Two Years After Sean Taylor's Death, His Mother Faces a Wall of Hardship

2009-10-02T15:55:00.001-05:00

This story ran in the Washington Post on September 30, 2009. Our firm assists in the process of making sure an estate goes to loved ones.

Washington Post / September 30, 2009

http://www.washingtonpost.com/wp-dyn/content/article/2009/09/29/AR2009092902051.html?wpisrc=newsletter

Two Years After Sean Taylor's Death, His Mother Faces a Wall of Hardship

By Amy Shipley
Washington Post Staff Writer
Wednesday, September 30, 2009

HOMESTEAD, Fla. -- Donna Junor sported a flowing print dress, bejeweled flip-flops and manicured orange nails when she answered the door last week at the three-bedroom townhouse she fears she will lose to foreclosure.

Her sporty but aging Mercedes-Benz, the one with the "Sean 21" tag, was parked just outside the door. The living room featured plush red furniture and a brightly colored area rug. In the dining room, just below the airbrushed portrait of her son -- the late Washington Redskins safety Sean Taylor -- sat a neatly set dining table with cloth napkins.

When she could afford it, Junor, 49, lived a nice, comfortable life. Her son made sure of that, handing out massive checks, even gift bags filled with tens of thousands of dollars, to family members. Now, those days are long gone.

When Taylor died without a will on Nov. 27, 2007, the bulk of his $5.8 million estate went to his daughter, Jackie Taylor, now 3, who lives with her mother, Taylor's high school sweetheart, Jackie Garcia, in Coral Gables, Fla. Taylor's mother did not get a penny. Nor did his grandmother, great-grandmother, two of his half-siblings or any of the cousins or relatives who had grown accustomed to his largesse.

In Junor's case, she was left with possessions that carry costs and fees that she says exceed her income as a substitute teacher. She could not pay the real-estate taxes last year on the townhouse she bought in 2005 with $222,000 her son had given her. Another tax bill is due at the end of November. She hasn't paid her homeowners association dues in months. The lawyers have begun chasing.

"I'm not looking for a handout, but I just don't think when you have a son in the NFL who was so progressive, his mother should end up this way," Junor said. "I don't feel I should be left out in the cold like this."

Taylor died a day after suffering a gunshot wound while confronting burglars in his south Miami home. After his estate was settled, Taylor's father Pedro "Pete" Taylor, who shared a bank account with his son, received the $328,000 remaining in the joint account. Pete Taylor has long been estranged from Junor.

An additional $650,000 from a life insurance policy went to Taylor's eldest sister, Monika Martin, 29, one of Junor's four children.

Though the money represented just a small portion of Taylor's estate, it provided a significant financial cushion to two members of his extended family, neither of whom, at least formally, has spread the wealth. Anything short of the generosity Taylor showed during his life likely would have been met with resentment from the family members left out of the settlement. Indeed, a family divided long before Sean Taylor's birth -- Pete Taylor and Donna Junor did not raise their son together -- seems to have grown further apart since he died.

"People do change, even though she's my daughter," Junor said about Martin, who has two small children. But "what about Pete? . . . Sean's daughter was supposed to get what she got, but the injustice is Pete. Whatever he got of Sean's savings, he should share."

Pete Taylor declined to comment. Reached by phone, Monika Martin said she did not know the extent of her mother's financial woes, but she said she had previously taken some of the insurance money "and helped my mom with it." A significant cut of the insurance money, she said, went to pay taxes.

Four months after her brother's death, Martin, a schoolteacher, purchased a $300,000 home.

She said she understood the frustration over the way her late brother's assets were distributed. "I don't think everything went fairly, either," Martin said. "That's life. . . . I know [Taylor] would have wanted it to be different.

"All of us, we all were spoiled by him. The reality is, he's not here anymore. The reality is, we didn't always have money. . . . I don't think the reality has hit" my mother.

Reality hit when the letter from the homeowners association's attorneys came recently, informing Junor that legal action would be taken against her in 30 days if she did not settle the balance on her account. The letter indicates that she owes more than $1,400 in association fees; she said she also owes more than $3,000 in unpaid real-estate taxes with another $3,000 due soon.

After 14 years of part-time classes at Miami-Dade Community College, Junor finally got her degree this year. But, she said, she has not been able to find regular, full-time work as a teacher. She lives with her daughter Sasha Johnson, 22, and Johnson's baby, Christopher, 1.

It isn't just her son's wealth that bypassed Junor; she said she doesn't have any of his memorabilia, either. All of it either was auctioned to raise money for the estate, or, she says, collected by Taylor's father or fiancée, Garcia.

Junor says she knows her son took good care of Garcia, whom he dated at Gulliver Prep and the University of Miami. She produced a copy of a certified check for $400,000 that Taylor had written to Garcia, a niece of actor Andy Garcia's, a month before his death. He also gave her a $200,000 check for their baby's account. Garcia did not respond to an interview request.

"I'm hoping somebody gets some kind of conscience and tries to help her financially," said Joan Martin, an aunt of Junor's. "A lot of times when I speak to Donna, I get tears to my eyes because I know how she cared for her children. . . . I'm very angry about the situation."

So much did not go as planned. Taylor died after attempting to defend the $900,000 home he had bought largely for his family; the house has been padlocked and uninhabited since his death, and is in the process of foreclosure. Just a month before he died, Taylor had given his half-sister Sasha Johnson and half-brother Jamal Johnson, 20, bags of $10,000 in cash; both promptly showed off the money to friends, including a man by the name of Jason Scott Mitchell. Mitchell faces possible life in prison in connection with the burglary attempt that led to Taylor's death.

"I don't have a brother anymore," Sasha Johnson said. "I don't care about money. I never did."

At her mother's house, Johnson made lunch, washed dishes in the sink, and spoke little as her mother spoke about her financial situation. Eventually, Johnson went upstairs and produced a cardboard box from her bedroom filled with mementos of her late brother.

In her high school graduation card, Taylor addressed her as "little sister" and then, in parenthesis, "prom queen." She showed off an autographed jersey and keepsakes from restaurants they visited and trips they took. She smiled when recalling fishing trips to the Keys during which they sat under bridges, having fun and catching few fish.

She grew quiet, though, when asked about the decisions her sister, Martin, made with the insurance money she received.

"That's life," she said. "That's my sister. I love her regardless. . . . It's money. It's not an issue. It comes and goes, and that's what tears families apart."

Jamal Johnson said he, too, doesn't care about money, but feels for his mother's plight. "She's the mother," he said. "That's her son. I feel she should be compensated in some kind of way."

As for himself? "When [Sean Taylor] was around, he gave me money, but I'm not looking for anything," he said. "I ain't in no financial [trouble]. I'm still young."

Junor said she doesn't want to be forced out of the home she owns. She doesn't want to move, and doesn't want to sell it. "Where would I go?" she said. She said she would be satisfied with merely "catching me up" on her bills, but she doesn't know where she will find the cash.

"Never in my wildest dreams would I have thought at [49], I would be worrying about these types of things."

Researcher Julie Tate contributed to his report.

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, L.L.C.
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
http://www.yourestatematters.com/
http://www.medicaidmissouri.com/
http://www.veteransbenefitsmo.com/
http://www.caremissouri.org/

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

ONE STOP SHOPPING FOR ELDERCARE SERVICES

2009-08-07T16:06:00.003-05:00

A fast-growing generation of elderly people, needing care, is starting to put a great deal of pressure on caregiving family members. More and more we are seeing articles and books about the burden of long term care on families.

According to research By the National Care Planning Council, only about 16% of long-term care services are covered by the government. The other 84% are provided free of charge by family caregivers or provided by services paid out-of-pocket by families or from those receiving care. And the bulk of government care services are provided only after a care recipient has depleted all of his or her savings. The Council also estimates that at any given time approximately 22% of the population over age 65 is receiving some form of long term care support. About 44.4 million adult caregivers provide 21 hours a week of care with 4.3 years average time spent providing care. “National Care Planning Council”

Dilemma of Finding Eldercare ServicesThe need for care usually occurs without warning, when a stroke, heart failure or other medical condition or illness incident to age suddenly happens to an aging senior. Family members end up in panic mode trying to understand and educate themselves on what needs to be done and what resources are available. If they need to take time from work to handle the crisis then it becomes urgent to find answers and solve caregiving needs. The need to balance work with urgent caregiving responsibilities creates untold stress on employed family caregivers.

Most family caregivers simply don't know where to turn for help and advice.Long term care services are complicated and provider contacts are fragmented throughout the community. For the majority of Americans, eldercare becomes a frustrating do-it-yourself process. How do you find out what government services are available and what they will pay for? What legal documents are necessary and how do you protect assets? What type of home care or facility care is needed? Should you quit your job to become the caregiver? Will the government or insurance pay you for caregiving to help replace your lost income?

The question often arises as to whether to use long term care professionals or go it alone in arranging care and services.

“Using care professionals is the most cost effective and efficient way to provide help for a loved one. Hiring professional advisers or providers to help with long term care is no different than using professionals to help with other complex issues such as car repairs, dealing with taxes, dealing with legal problems, or needing trained employees to help run a business.
With their education and training, long term care professionals also bring experience that only comes from dealing with countless hands- on caregiving challenges”. “The 4 Steps of Long Term Care Planning”

One Central Source for Locating Help and AdviceThe National Care Planning Council recognizes the need for family caregivers to educate themselves and find the needed resources and professional help quickly.To fill the need for caregivers nationwide, the National Care Planning Council web site "Long Term Care Link", was developed as a comprehensive resource for long term care planning. There are hundreds of pages containing articles on long term care covering all aspects of caregiving and care services. Books are also available on how to plan for long term care and how to apply for your veterans benefits for long term care. NCPC books

If you are looking for government and community resources, there are lists with applicable website links. Some of those lists include National and State Area Agency on Aging Services, Senior Centers and Veterans Service Offices.

There are over 100 links to websites filled with reference materials. For example; the Gerontological Society of America, National Nursing Home Survey, Elder Law Answers, Senior Corps.

Find Eldercare Professional Service Providers in Your AreaThe National Care Planning Council lists eldercare specialists and advisers who help families deal with the crisis and burden of long term care. These specialists can be found under the services category lists like the ones below, on the website. Each professional is listed under the State and area in the State that he or she services. A caregiver can go to the National Care Planning Council website and find someone in the area of need and read about the services of the listed company, individual or facility. Website visitors needing help can then call, email or fill in a request form to receive contact from a listed provider.

Listing categories on the website include the following specific services.
Care Management, Guardianship, Conservatorship and Dispute Resolution
Non-Medical Home Care
Home Health Agency – Medicare-Covered Home Care and Hospice
Home Maintenance, Deep Cleaning, Remodeling and Yard Work
Veterans Benefits -- Consultant for the Aid and Attendance Pension Benefit
Geriatric Health Care Practitioner or House Call Doctor
Reverse Mortgage Specialist
Elder Law Advice and Medicaid Advice
Estate Planning, Tax Planning, Trust Management Services and End-Of-Life Planning
Care Facility or New Home Search, Relocation, Downsizing and Real Estate Services
Adult Day Care Services
Insurance Products, Retirement Planning and Financial Advice
Funeral & Burial Preplanning

THE NATIONAL CARE PLANNING COUNCIL INTRODUCES ITS STATE CARE PLANNING COUNCIL WEBSITES

A state care planning council is an informal statewide alliance of eldercare specialists and advisers that helps families deal with the crisis and burden of long term care. When you go to your state care planning website, your search for help is right in your neighborhood.

Purpose of the State Care Planning Council

Educate the public on the need for care planning before a crisis occurs.
Provide, under one source, a list of providers representing most of the available government and private services for eldercare.

Offer a trusted team of providers and advisers that the public will recognize in their area and can turn to for expert help in dealing with the challenges of long term care.

One Stop Shopping for Eldercare Services State Care Planning Council websites offer a closer-to-home option for finding help and services to solve caregiving problems. Many of the local service providers work together as a team to help meet specific eldercare needs of the individual.
For example:Tim and Debra, both in their late 80’s, were adamant about staying in their home. Both were taking medications and were mobile with walkers. Their daughter, Julie was concerned about their safety in the home, especially with avoiding hazardous falls, bathing and preparing meals. Tim insisted he could drive his car, even though he was a hazard on the road. Julie had taken the car keys and therefore faced an argument every time she went to their home.

Lately, Julie noticed that the required medications were not being taken. Tim was a diabetic and required monitoring with his insulin and diet. Julie ordered “Meals on Wheels” which her mother quickly canceled. Frustrated at having no cooperation from her parents, Julie realized she needed outside help.

Checking the internet for resources in her area, she found the name of a Professional Care Manager in her area listed on her State Care Planning Council website. Jackie -- the professional care manager and family dispute professional -- had worked many times with families like Julie and her parents.A meeting was arranged where all parties to the caregiving were involved. Tim expressed that he did not want to give up his freedom driving to the store or other places he liked to go. Jackie suggested selling the car and using the money to pay a taxi or community transit. She arranged for Tim to see a geriatric physician to get his diet under control for his diabetes. Some in-home help with bathing, meal preparation and medication reminders was arranged by having a local non-medical home care company come in daily. Jackie gave Julie explicit instructions on how to organize the house to help prevent falls. To pay for the extra expense, Jackie introduced a reverse mortgage broker who explained how their home equity-- on a risk-free basis --could provide the money they needed for their care.

Every service provider or adviser Jackie brought in worked side-by-side with her on the state care planning council. Jackie knew they could provide the needed help with expertise and integrity.
Julie found that using professionals gave her peace of mind and confidence that her parents' care was in good hands.
The State Care Planning councils are just starting to grow and be populated with professional service providers throughout the Untied States. Like the National, the State websites are filled with resource material and articles for the public use.

Visit the Missouri Care Planning Council at www.caremissouri.org.

Click here to contact our law firm or call 314-966-8077 to set up an appointment.

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Michael Jackson's Death - Why YOU Need Your Estate Planning Documents in Order

2009-06-30T14:19:00.000-05:00

The sudden death of Michael Jackson serves as a reminder to everyone that, no matter your age, you need to have your estate planning in order. The pop superstar died on Thursday, June 25th at 50 years old. The media is speculating as to how his estate will be handled and the future of his young children. No public statement has been made in regard to his personal planning and the media and the nation will wait anxiously to see how this unfolds. If Michael Jackson prepared a Trust the public will most likely never know the details as it will be held private, however, if he had a Will it becomes part of public record. In the state of California, a Will needs to be presented within 30 days. Jackson's assets, royalties and the amount of debt he had accumulated most likely will lead to lengthy battles over his estate.
Steve Hartnett, Associate Director of Education for the American Academy of Estate Planning Attorneys, was quoted in the Associated Press' article Jackson May Be 'Worth More Dead Than Alive' explaining some of the options that Michael Jackson had to protect his family. "Jackson might have shielded some of his estate from creditors and ensured that his children were taken care of by placing a life insurance policy and other assets in an irrevocable trust."
Click here to contact our law firm and set up an appointment. For more information on the American Academy of Estate Planning Attorneys please click here.

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

St. Louis Missouri Estate Planning, Probate and Living Trusts Attorneys | Purcell & Amen, L.L.C.

2009-06-02T13:08:00.001-05:00

St. Louis Missouri Estate Planning, Probate and Living Trusts Attorneys | Purcell & Amen, L.L.C.

Shared via AddThis

Bark in the Park Photos

2009-05-29T12:41:00.001-05:00

On May 16, 2009 the staff of Purcell & Amen, L.L.C. attended Bark in the Park with their dogs. We would like to share the photos of our staff and their dogs.

http://s572.photobucket.com/albums/ss170/purcellamenllc/Bark%20in%20the%20Park/?albumview=slideshow

We had a great time and hope you can join us next year!

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at http://www.yourestatematters.com/

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
http://www.yourestatematters.com/
http://www.medicaidmissouri.com/
http://www.veteransbenefitsmo.com/
http://www.caremissouri.org/

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Purcell & Amen Announce a New Attorney has Joined the Team

2009-05-08T15:57:00.001-05:00

Purcell & Amen Announce a New Attorney has Joined the Team

The law firm of Purcell & Amen, L.L.C. announces a third attorney to join its staff, Paul M. Gantner. Gantner has been hired by the law firm to help sustain the business of estate planning, trust administration and probate. He also provides an avenue to grow in the areas of elder law, Medicaid planning and tax and financial planning.

“I’m excited to join a firm with such great people and a fantastic business model in place,” says Gantner. “Mr. Purcell and Mr. Amen have so much knowledge and experience in estate and financial planning. They and the entire staff are just genuinely nice people. I’m eager to contribute my education and expertise to an already successful firm.”

Gantner obtained his undergraduate B.S.B.A. degree in Management and B.A. degree in Criminal Justice from Saint Louis University, where he graduated Summa Cum Laude. He went to law school at University of Missouri, in Columbia, and obtained his Juris Doctorate in 2008. Gantner also obtained his Master of Business Administration from University of Missouri in 2008. He was admitted to the Missouri Bar in spring of 2009.

The law firm of Purcell & Amen, L.L.C. has devoted its practice to estate planning matters for the last 30 years. They have been a member of the American Academy of Estate Planning Attorneys for 14 years and are the only firm accepted into the Academy in the St. Louis area. The firm has helped thousands of families in the St. Louis area meet their long-term financial and non-financial goals. For more information on attorneys David Purcell, Charles Amen, or Paul Gantner about setting up an effective estate plan to protect your family and pass on your legacy or about the Purcell & Amen, L.L.C. and its services, please call (314) 966-8077, or visit their website at www.yourestatematters.com. Media inquiries on estate planning topics are also welcome.

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Gearing up for Bark in the Park!

2009-05-07T14:58:00.001-05:00

Bark in the Park 2009

Our law firm, Purcell & Amen, L.L.C. will be participating in Bark in the Park - A Walk for Animals and Country Fair at Cricket Field in Forest Park on Saturday, May 16, 2009.
All our team members are listed on our Team Page. Click on their names to see each member's personal web page. As each team member raises money to help homeless pets, those funds will be added to the total on our team fundraising thermometer! The top fundraising teams will win great prizes and help abused and neglected animals at the same time. All proceeds from Bark in the Park benefit the Dr. Doolittle Fund which provides essential veterinary medical care to homeless animals so that they can find forever loving homes.
If you can't join us at the event, please consider making a donation in support of one of our team members listed below. Thanks!
Be sure to visit this page often to see the latest team roster and watch our team's progress. http://member.hsmo.org/site/TR?pg=team&fr_id=1050&team_id=4340

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

*The choice of a lawyer is an important decision and should not be based solely upon advertisements.

ATTORNEYS DAVID PURCELL AND CHARLES AMEN ATTEND EXCLUSIVE ESTATE PLANNING CONFERENCE IN MEMPHIS, TN

2009-04-30T15:26:00.003-05:00

NEWS

April 30, 2009

FOR IMMEDIATE RELEASE
For additional information contact
Purcell & Amen, L.L.C. at (314) 966-8077
or webmaster@yourestatematters.com

ATTORNEYS DAVID PURCEL AND CHARLES AMEN ATTEND EXCLUSIVE ESTATE PLANNING CONFERENCE IN MEMPHIS, TN

ST. LOUIS– Local Estate Planning Attorneys David Purcell and Charles Amen attended an educational conference in Memphis, TN on April 24, 2009 sponsored by the American Academy of Estate Planning Attorneys. The Academy is the premier national educational organization that promotes excellence in estate planning by providing member attorneys with research and vital updates in estate, tax and business planning law since 1993. The advanced training included Estate Planning Tools in a Low Interest Rate Environment, Adding Special Needs to Your Practice, and Medicaid Planning under DRA: The Medicaid Irrevocable Income Only Trust. Additional training focused on Using Legacy Wealth Planning to Meet the Needs of the Next Generation and Protecting the Institutionalized Spouse.

Attorneys David Purcell and Charles Amen focus their practice exclusively on estate and elder law planning and understand the value of continuing education. “Ensuring that I am on the cutting edge of planning techniques and able to serve my client’s needs during turbulent economic times is a top priority,” says Attorney David Purcell. “Attending Academy educational conferences allow me the opportunity to have multiple days of intense training so I am confident that when I return to the office my clients will benefit from the latest estate planning strategies available, especially in the current economy.”

“Taking the time to be out of the office is a large commitment for our firm but one we believe is essential for the success of the firm,” says Attorney Charles Amen. “We want to be here to serve the needs of our clients for generations to come and with sessions such as The Anatomy of a Financially Successful Academy Law Firm, I am able to see real life examples of how our firm is on a stable track based on successful firms across the nation. The assurance that this firm will be here for generations is as important to our clients as it is to us.”

The law firm of Purcell & Amen, L.L.C. has devoted its practice to estate planning matters for the last 30 years. They have been a member of the Academy for 14 years and are the only firm accepted into the Academy in the St. Louis area. The firm has helped thousands of families in the St. Louis area meet their long-term financial and non-financial goals. For more information about setting up an effective estate plan to protect your family and pass on your legacy or about the Purcell & Amen, L.L.C. and its services, please call (314) 966-8077, or visit their website at www.yourestatematters.com. Media inquiries on estate planning topics are also welcome.

###

2009-04-09T16:50:00.001-05:00

Lend A Helping Hand To A Local Veteran

2009-02-06T16:31:00.000-06:00

HGTV believes that every vote counts. That’s why we’re asking for your help once again! These eight community veterans' homes are all in dire need of a helping hand. Learn more about each project by clicking below. Then cast your vote for the most deserving. We'll tally the votes and announce two winning cities during the HGTV DreamHome Giveaway on March 15. You can vote once daily from January 1 until March 2, 2009, so be sure to go back often!

Vote for the St. Louis, MO house by clicking on the link below:

http://www.hgtv.com/hgtv/home/text/0,,HGTV_32656_82769,00.html

Here is some info on the St. Louis, MO house:

In 1994, Desert Storm veteran Hence J. Forland bought the home that would become the Windsor Transitional House with the hope of creating a place for veterans to find emergency shelter and transitional housing. After his own experience returning from active duty, Forland decided to help other veterans in their often difficult transitions back to civilian life. Windsor Transitional House offers spiritual support, transportation, job placement services, aid for substance abuse and resources for veterans to communicate with their families. The two-story, four-bedroom home, which is located within walking distance of the John Cochran Veterans' Administration Medical Center, also gives veterans easy access to public transportation, groceries and community resources.

Our firm works closely with American Veterans Care Coordination (www.homecareforveterans.com ) to see if we can get Veterans Benefits for you. There are some preliminary questions to see if you qualify, if you call 636-720-0777, American Veterans Care Coordination can determine your eligibility for no fee. Once it is determined if you will qualify for veterans benefits, our firm can go over your estate and determine the total amount of benefits you can receive and how to get them. If you have any questions please give us a call at 314-966-8077.

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

What is a Priority 8 Veteran?

2009-01-27T11:34:00.000-06:00

Priority 8 Veterans

This is a written version of a news story that was aired and brought to our attention. Our firm works hard to help veterans get the benefits they deserve.

(January 6, 2009)-The Department of Veteran Affairs has revealed a multi-million dollar plan aimed at expanding benefits to about 265,000 previously excluded veterans known as Priority 8 veterans.

Priority 8 veterans were initially blocked from enrollment into the VA system in January 2003 if their income exceeded approximately $30,000 annually.

The $375 million provision was authored last year by Congressman Chet Edwards, who chairs the House Appropriations Subcommittee on Military Construction and Veterans Affairs, and passed into law late September.

“This needed expansion of VA benefits to middle income veterans is just one example of how millions of veterans will benefit from the historic funding increases of the last two years,” said Congressman Edwards.

The provision is funded by $16.3 billion increase in funding since 2006; a larger increase in the last two years than the previous 12 years, according to Congressman Edwards.

“Reopening the doors of the VA system to veterans who have earned these benefits sends a clear message that we honor and respect their service and sacrifice to country,” said Edwards.

“Our veterans earned and deserved every dime.”

Priority 8 are those veterans who could not previously get into the VA health care system. They are veterans who did not qualify for health care benefits, because they were not SC, pension recipients, active duty, or POWs. They are simply veterans.

This does not affect pension or compensation monetary awards.

Karen McIntyre, President VIS

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

We Were Featured In Money Magazine

2009-01-26T16:16:00.000-06:00

Money Magazine Recognizes American Academy!

In the January 2009 issue of Money Magazine, Walecia Konrad’s article entitled “Keep It In The Family” focuses on making sure the wealth you’ve worked so hard to accumulate will go to the people you love. The article recommends the American Academy of Estate Planning Attorneys as a source to find an estate planning attorney who can tailor a plan for your situation and address your state laws. It also includes a useful estate planning checklist and valuable tips for putting together a proper estate plan that will safeguard your hard-earned assets from estate taxes, lawsuits and probate.

This is the fourth time in the last 16 issues Money Magazine has recommended the American Academy as an estate planning attorney resource. As members of the American Academy, we are dedicated to providing our clients with quality estate planning information, resources and services.

The Academy is a national organization dedicated to promoting excellence in estate planning by providing its exclusive membership of attorneys with up-to-date research on estate and tax planning laws, educational materials, and other important resources to empower them to provide superior estate planning services. The Academy expects members to have at least 36 hours of legal education each year specifically in estate, tax, probate and/or elder law subjects. To ensure this goal is met, the Academy provides over 40 hours of continuing legal education each year. The Academy has been recognized as a consumer legal source by Money Magazine and Suze Orman in her book, 9 Steps to Financial Freedom. Click here to find out why our American Academy membership is so important to our firm and the many families we provide guidance to each year.

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

Life Comes At You Fast...Are You Ready? Was He?

2009-01-20T13:53:00.000-06:00

This email was shared with us and we'd like to pass it on. Watch the video and reflect...

Watch the man on the left walking, crossing the road where there is no car...
It is so definite that the coast on the left is clear, and safe to cross.Any person would see it is safe.... Take nothing for granted, not even for a split second! Be grateful for every living minute!

http://www.youtube.com/watch?v=8IqUPY9gtUA

VIDEO CAPTURED BY TRAFFIC CAMERA!!!!

“Life is too short to wake up in the morning with regrets; so love the people who treat you right, forget about the ones who don't, and believe that everything happens for a reason. If you get a chance, take it. If it changes your life, let it.”

Footnote: Believe it or not the pedestrian in the intersection lived! He was saved by the imprint that the PT Cruiser left in the driver's side of the Subaru. When the Subaru went over him, it came down on him right where the dent in the car was made, and did not crush him! Another “angel on your shoulder”event!

One must be prepared for life to come at you fast. If you or someone you know is interested in learning how our firm can prepare you and your family in times of need, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

Who Do You Trust With Your Life?

2009-01-07T16:39:00.000-06:00

A power of attorney is a powerful document which, in the hands of the wrong person can wreck your life. On the other hand it can be a great benefit to be able to have someone else handle your financial affairs if you become incapacitated, without having to resort to incompetency proceedings, guardianship, and conservatorship. Striking a balance between flexibility and protection raises thorny issues in an aging population. We recommend the following article to you...

AARP issue brief discusses financial exploitation via durable power of attorney

This new report explores the problem of power of attorney abuse and how state legislatures can protect vulnerable adults against it. It explains how the new Uniform Power of Attorney Act helps prevent, detect and redress abuse, and provides resources to promote enactment of this model law. In upcoming legislative sessions, states will consider adopting the Uniform Power of Attorney Act (UPOAA or Act). This model law aims to address power of attorney abuse, a type of elder abuse that can have devastating consequences. Research indicates that most states can improve protections for older people by adopting the UPOAA.

Source: AARP Public Policy Institute (December 2008)
Full story: http://www.aarp.org/research/legal/legalrights/inb164_poa.html

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

Research Before You Eat The Free Food

2009-01-06T16:15:00.000-06:00

Florida joins Missouri on the list of state consumer protectors warning seniors about seminars that offer free meals. While it is certainly true that the offer of food may be too much to resist, and may even be a front for bad financial (or legal) advice, we think it misses the point. It seems to me that it is somewhat more important to learn about the speaker's credentials and experience, to hear what he or she has to say, to ask questions and to "do our homework" about whether the recommendations fit our needs. The idea that a seminar is more or less valid because it comes with rubber chicken is ridiculous. Below is the complete article...

Florida seniors warned by AG about "free lunch" investment scams

Senior citizens in Florida are being warned to think twice before taking advantage of financial planning seminars and estate-preservation workshops that offer a “free lunch” to lure seniors to attend. The State Attorney General’s Office has received more than a dozen complaints from seniors enticed to attend a free meal that actually turned out to be a high-pressure sales pitch for investments that may be entirely inappropriate based on age and financial circumstance. “The last thing our seniors need during this economic climate when their retirement savings may be dwindling is an investment scam that further depletes that nest egg,” said Attorney General Bill McCollum. “Too many of our seniors are finding that these free meals can cost them dearly.” The invitations often arrive by phone or mail and promise tips on earning great financial returns with minimal risk, eliminating taxes or avoiding probate. After a high-pressure presentation, salespeople then try to schedule follow-up visits in the homes of those who attend so they can continue the pitch. In addition to losing money, consumers who complained to the Attorney General reported being badgered by many unsolicited phone calls and frustrated by misrepresentation of the seminar’s purpose.

Source: Naples Daily News (11 December 2008)Full story: http://www.naplesnews.com/news/2008/dec/11/seniors-warned-about-investment-scams/

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
http://www.yourestatematters.com/
http://www.medicaidmissouri.com/
http://www.veteransbenefitsmo.com/
http://www.caremissouri.org/

Investing Can Maximize Retirement Savings

2008-12-19T16:19:00.000-06:00

Congress has apparently tried to afford some relief to holders of 401Ks and IRAs who have seen their balances plummet. The idea is (or ought to be) to allow participants to take out minimum distributions based upon the lower account balances. As it is, minimum required distributions for 2008 are based upon the value at the end of December 2007. It is technically possible that an account has actually dropped to less than that amount! Purcell & Amen, L.L.C. lawyers are trained to help our clients maximize their retirement savings through prudent investing and knowledge of beneficiary designation rules for both individuals and trusts.

-Dave Purcell

Pension bill allows deferrals of 401(k) withdrawals---------------------------------------Congress approved legislation that would provide relief to retirees who want to avoid inflicting further damage on their battered retirement savings plans. The bill, which President Bush is expected to sign, allows retirees to defer withdrawals from their 401(k) plans and individual retirement accounts in 2009 without triggering a penalty. Separately, it would temporarily ease funding rules for traditional pension plans. Ordinarily, seniors age 70½ and older are required to withdraw a minimum amount from their tax-deferred retirement savings plans every year and pay taxes on the money. The amount is based on a life expectancy factor calculated by the IRS and the value of their retirement plans at the end of the previous year. Seniors who ignore the requirement face a penalty equal to 50% of the amount they should have withdrawn. This year, the rule has created considerable angst among retirees who have seen the value of their retirement plans shrink dramatically since Dec. 31, 2007. Unlike younger retirees, they don't have the option of postponing their withdrawals until their investments recover. Many have postponed taking minimum withdrawals in hopes that Congress or the Treasury Department will provide some relief. The legislation won't help seniors who were hoping to avoid taking a withdrawal this year, or have already taken a withdrawal. But it will give seniors more time to recoup some of the losses in their retirement plans, says David Certner, legislative policy director of the AARP.Source: USA Today (12 December 2008)Full story: http://www.usatoday.com/money/perfi/retirement/2008-12-11-ira-savings-retirement_N.htmText of the bill: http://thomas.loc.gov/cgi-bin/query/D?c110:1:./temp/~c110yHKc83::

For more information regarding estate planning please contact:

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

Dealing With Elder Abuse

2008-12-17T16:38:00.000-06:00

As an elder attorney I have recently addressed several groups of senior service workers, including Missouri Elder Abuse Hotline workers about financial exploitation of seniors. I am convinced that although law enforcement authorities play a vital role in preventing such abuses, they cannot do it alone. I encourage home care workers, nursing home personnel, families, clergy, lawyers, financial services people and neighbors to be watchful for signs of elder abuse. Our firm was recently successful in prompting the arrest of a suspected abuser who was wanted on warrants for similar exploits in at least one other state and who had apparently used numerous Social Security Numbers to carry out her nefarious schemes. The arrest resulted in a potential financial savings to our elderly client of millions of dollars as well as tremendous emotional stress. I am available to address other groups on financial exploitation of seniors and other topics relating to estate planning and elder law.
-Dave Purcell

Elder abuse reports on the rise in Wisconsin

Reports of elder abuse rose to all-time highs in Dane County and the state last year, a new state report says. Advocates and officials said the rise is likely due to a growing elder population, increasing public awareness and improvements in the law in 2006. "I'm heartened by the fact that more cases are being reported," said attorney Betsy Abramson, a leading advocate on elder issues in the state, because a major problem has been that the abuse has been largely unrecognized. In one case, a 78-year-old Dane County woman learned her grandson had stolen, forged and passed $1,500 worth of checks to feed his cocaine addiction, victim advocate Lisa Rader said. The woman contacted police — against the wishes of her husband and daughter — and her grandson was arrested. He called her from jail and threatened her, Rader said. County elder abuse workers had to help the woman secure a restraining order and helped her get through the court process, Rader said, adding that almost all of the money has been returned. But in tight budget times, government isn't adding services or more resources to address the issue of elder abuse or to deliver follow up. The majority of elder abuse cases go unreported, advocates say. Despite the growing evidence of abuse of vulnerable senior citizens, finding new money or even keeping existing money to protect elders will be a challenge given the state's projected $5.4 billion deficit over the next biennium, said Lee Sensenbrenner, spokesman for Gov. Jim Doyle.

Source: Wisconsin State Journal (13 December 2008)

Full story: http://www.madison.com/wsj/topstories/318559
Read full report: http://dhs.wisconsin.gov/aps/Publications/2007%20EAN%20Report%2060%20plus.pdf

For more information regarding elder abuse or estate planning please contact:

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org

Advising Autism Families

2008-12-17T16:13:00.000-06:00

Autism is a growing problem in America. We have seen its devastating impact upon a number of families. Fortunately we have been able to offer help by advising them about Special Needs Trusts and other estate planning tools which protect family finances while preserving public benefits. We pass along this article as part of the continuing fight.
-Dave Purcell

Until There’s a Cure... There’s Easter Seals
What do families need to put their minds at ease in living with autism?
That's what Easter Seals wanted to find out. So this summer, thanks to the generous support of MassMutual Financial Group, we worked in cooperation with the Autism Society of America to conduct the Easter Seals Living with Autism Study. Autism now affects more than 1.5 million Americans and their families -- yet services and support for people living with autism are few and far between.
Easter Seals surveyed over 2,500 parents of children who have autism and parents of typically developing children about daily life, relationships, independence, education, housing, employment, finances and healthcare.
The study results paint a startling picture of the life-long fears, anxieties and critical supports needed to raise a child with autism. Many parents of children with autism worry that their child won’t fit into society:
Nearly 80% are extremely or very concerned about their child’s independence as an adult.
Only 14% feel that their child will be able to make life decisions.
Only 17% think their child will make friends.
They report that they’re “financially drowning,” with concerns for their child’s financial future surpassing the worries of parents with typically developing children.
Easter Seals will use these findings to raise awareness of and advocate for the life-long services families living with autism desperately need.
Download the Living with Autism Study and findings today!
Received from our friends at http://www.easterseals.com

Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
http://www.yourestatematters.com/
http://www.medicaidmissouri.com/
http://www.veteransbenefitsmo.com/
http://www.caremissouri.org/

Increases in Community Spouse Resource Allowance (CSRA)

2008-12-08T16:06:00.000-06:00

The State of Missouri has just announced that effective January 1, 2009, the Community Spouse Resource Allowance (CSRA) for spouses of persons in Medicaid nursing home confinement will be $21,912 minimum and $109,560 maximum. Call the elder law attorneys at Purcell & Amen, LLC to learn more about how family assets and income can be protected from long term care costs.

If you or someone you know is interested in learning what our firm can offer you, please call 314-966-8077 or go to our website at www.yourestatematters.com

-Dave Purcell
Purcell & Amen, LLC
10805 Sunset Office Drive, Suite 100
St. Louis, MO 63127
Phone: 314-966-8077
Fax: 314-966-5906
www.yourestatematters.com
www.medicaidmissouri.com
www.veteransbenefitsmo.com
www.caremissouri.org