ABA Announces Expansive Reciprocity Agreement

March 31, 2019

The American Bar Association and the United Association of Plumbers, Plumbers Local #357, have announced a groundbreaking Reciprocity Agreement. Qualified licensed members of either professional group are now eligible for cross-certification to be fully licensed professionals of the other Association, so long as they take a three-week internship program by a properly certified cross instructor from the other discipline. This unprecedented departure from the normal bar examination requirements and journeyman tracks of these professions is being made for a number reasons: First, the impact of the diversified service offerings will enhance the professional lives and capabilities of members of both professions. Second, the convenience to the public at large make this agreement and overwhelmingly popular idea. Third, Lawyers may now be able to bill at rates comparable to plumbers. Fourth, Plumbers attire will likely improve significantly. The Crossover skillsets needed to successfully navigate the two professional worlds are apparent. Both professions deal with the murky, the deadly serious, and matters which are best kept from the public eye. Convenience to the consumer also cannot be overlooked. Imagine being able to work out a prenuptial agreement while your faucet is installed, or having an emergency water leak addressed, and having your home service warranty reviewed to make sure the work is covered. There has been vocal opposition to this proposal from both inside each profession and from third parties. Many plumbers are concerned about the effect this merger could have on their otherwise stellar credibility. Some attorneys are concerned that “Lawyers crack” will soon slip into the vernacular. A representative from the National Bankers Association refused to be identified, but uttered: “Who do they think they are, bankers?” The full details of the arrangement still must be flushed out. For instance, can a Maryland Lawyer become a Delaware Plumber or vica-versa. These issues will be resolved with future water closet discussions. In a game of dominos reminiscent of recent NCAA Collegiate Sports Conference realignments, other professional groups desperately racing to create similar alliances. Discussions are now underway between the American Jockey Federation and the American Medical Association, as well as the American Dental Association and the National Veterinary Association. It seems no one wants to be left without a mutually beneficial partnership. To qualify for participation, an attorney or plumber must register before midnight on Monday, April 1, 2019. See applications to https://www.americanbar.org/ Or the International Brotherhood of Plumbers. For a related article, see How Your Caregiver Can Get Paid and Treated Fairly

important estate planning documents for retirement

Red Flags That Your Older Parent Might Have Malnutrition

March 27, 2019

The first step in addressing the situation, is knowing the symptoms that can indicate that your aging parent is not eating enough, not eating nutritious food, or not absorbing the nutrients from food.

Mom and daughter spending time together in the living room on a cloudy day

How Your Caregiver Can Get Paid and Treated Fairly

March 19, 2019

Siblings of the caregiver sometimes resent the fact that the person providing the care gets paid by the government, even though it is a modest wage.

Prince George's County Elderly Tax Credit

Moving to a Continuing Care Community? Check the Fine Print

March 12, 2019

When you have finally decided to move from home to a senior retirement community that has levels of care—or when moving to a personal care/assisted living community—you and your family might not be in the mood to read legal agreements.

It Is Best to Plan for Possibility of Assisted Living

February 26, 2019

There is little time when an emergency arises, so perhaps it is best to plan ahead. I tell my new employees that if they just pay attention, they will see the best loves stories in the world walk through our doors. We have many couples who we work with where one spouse has diminishing capacities. The caretaking spouse is often making supreme sacrifices to keep their husband or wife at home. That it true love on display. Nicholas Sparks is a very popular author. He wrote, among other works, “The Notebook”. He is a former estate planning lawyer, and I am sure found the inspiration for that story with the kinds of couples we see on an ongoing basis. Unfortunately, sometimes the care needs are just too much. When a loved one is hospitalized and cannot return home, there is a lot of pressure because decisions have to be made quickly. The key to handling that problem, if it should arise, is to not wait for the emergency but plan ahead for it, according to Next Avenue in “Planning Ahead for Assisted Living.” Many people deal with assisted living this way. Adult children uproot their lives and relocate to be near their aging parents. Spouses feel helpless when their husbands or wives refuse to even consider moving to a facility, yet they are not safe at home. The senior often pushes back against leaving their home, which is understandable. However, when illness or aging takes a toll, it’s just a matter of time before they understand, usually the hard way. One woman was the very model of aging-in-place, until turning 85. Then illnesses and a chronic condition started making it hard for her to move around. When she was taken to the hospital, she had to take a clear look at her situation. It was distressing, but she realized she had to make a change. By 2030, the number of Americans age 65 and older is expected to increase dramatically, and for the first time in our country’s history, the number of older Americans will be higher than the number of children. We may not know what life has in store for us. However, we can plan ahead. Some people start looking at CCRCs–Continuing Care Retirement Communities. These are facilities that include independent living, assisted living and nursing home care, all on the same property. Some have secured memory care for those living with dementia. Research the costs, policies, and programs of the long-term facilities you may be considering. There are different services offered. Assisted living facilities are state-licensed housing communities that offer residents a range of services. They usually do not offer medical care. A skilled nursing facility/nursing home will have medical services. Services in assisted living communities vary. Some offer meals and help with bathing, dressing and mobility, medication management, education and social activities. They may be large or small, with residential homes, where three or four residents live with a paid caregiver. Those are known as “adult

Taking a Couple’s Age Gap into Retirement Considerations

February 19, 2019

If you don’t marry someone close in age, your estate plan may require a closer look. When a couple has an age gap, there may be some special challenges ahead, when it comes to estate planning, according to The Washington Post in “How will a couple’s retirement look when there’s a big age gap?” Not only are men who have recently remarried more likely to have a spouse who is younger, said one researcher, in many cases they are marrying women who are much younger. Twenty percent of newly married men wed women who are at least 10 years younger than themselves and another 18% marry women who are six to nine years younger. By comparison, just 5% of men in their first marriage marry women who are 10 years younger. For women, the likelihood of having a far younger spouse is very low. That big age gap can be a big factor in decisions about when you retire, when spouses take Social Security and in planning how much money the couple needs to save and how to invest their savings. Since women tend to outlive men, it’s especially important for retirement savings to last longer, when the wife is much younger than her husband. When to retire is one of the big questions. Long-term care considerations, health insurance and other health costs become more significant, when there’s a younger spouse. Couples with big age gaps need to have a plan that accommodates the partner with the longest life expectancy. Therefore, a 70-year-old husband and a 56-year-old wife need to plan for their portfolio to last over the wife’s longer life span. That could be 30 years, especially if she has good health and a family history of longevity. If the older partner had a higher income level over his working career, delaying Social Security filing past full retirement age to age 70 could be extremely important. It will enlarge the higher-earning spouse’s benefit and it will also enhance the lifetime benefits for the surviving spouse. If there is a big age gap between you and your partner, you’ll need to have a lot of discussions about the issues that retirement and retirement planning brings. An estate planning attorney, coordinating with a financial advisor well versed in Social Security options, can advise you in creating an estate plan that fits your unique circumstances. Reference: The Washington Post (Oct. 22, 2018) “How will a couple’s retirement look when there’s a big age gap?”

Immediate Power of Attorney Requires Trust

January 31, 2019

If you are thinking of an immediate power of attorney, take your time and make the decision carefully. When you create a power of attorney, the authority granted in that document can be immediately effective, or alternatively can be activated only by documented proof that you are incapable of acting. Everything in life has its advantages and disadvantages. The immediate power of attorney is great because it is very easy to use. It can be not so great because it is equally easy to misuse. However, that requires some very careful thought before making the decision, according to the Glen Rose Reporter in “Should you add hot powers to your power of attorney?” The “hot” powers are well-named since they give a financial power of attorney considerable power. It is a lot of leeway for an agent to be given during one’s lifetime. This is because it allows the agent to create, amend, revoke or terminate a trust during the principal’s lifetime. The agent may also be given the power to make gifts, to themselves or others> They can also include other special powers, such as the powers to create or change rights of survivorship, create or change a beneficiary designation and to authorize another person to exercise the authority granted under the power of attorney. These extraordinary powers can be very helpful for long term care planning if someone is now or will soon be in need of nursing home care. The gifts the agent can make are further limited to being consistent with the principal’s objectives if the agent knows what those objectives are. However, if the agent does not know what those objectives are, he or she must still make sure the gift is aligned with the principal’s best interest, based on the value and nature of the principal’s property, foreseeable obligation and the need for maintenance. The power of attorney in all cases needs to know what their responsibilities are, and if they are given “hot” powers, they need to be informed what those specific powers are. If the agent is someone other than a spouse or descendant, that agent may not make gifts to themselves. A spouse or descendant, however, could make gifts to themselves. It boils done to the degree of confidence you have in who you are empowering in your power of attorney. The person does not need to be a financial genius. They can hire advisors. However, there is no replacement for trustworthiness. Reference: Glen Rose Reporter (Jan. 3, 2019) “Should you add hot powers to your power of attorney?” Estate Planning Attorney Can Help Avoid Family Feuds

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