Friday, May 11, 2012 PLEASE ACT NOW to Continue Receiving Our Blog
By: Susan M. Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
We have completed the system update we told you about on April 16, 2012 to deliver the blog through the Senior Edge Legal website. Delivery of the blog through our new system will begin May 25, 2012.
You should have received an email from FeedBurner within the last couple of weeks asking you to verify (consent) that you still want to receive the blog. All you need to do is click on the link provided in the email to continue receiving the blog.
IMPORTANT! If you do not verify that you wish to receive the blog using the procedure described above, you will not receive the blog after May 25.
If your email address has changed or you have not been receiving the prior blogs, send us an email so that we can update your information.
We look forward to keeping you informed of issues related to estate planning and ways to help you accomplish your goals.
Thursday, April 19, 2012 NOTICE - Please Act - Our Blog is Changing
By Susan M. Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
Over the next few weeks, we are updating our system to deliver the blog from the Senior Edge Legal website. This requires entering your email address into our new blog subscription list. You will receive an email asking you to confirm (consent) that you still want the blog. All you need to do is click on the link provided in the email.
If you do not want to remain on the subscription list, please send an email to us at info@senioredgelegal.com telling us to delete your name from the subscription list.
Also, if your email address has changed or you have not been receiving the prior blogs, send us an email so that we can update your information.
We appreciate the opportunity to provide estate planning information to help you accomplish your goals.
Friday, April 13, 2012 Where Do You Keep Your Important Papers?
By Susan M. Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
Who knows where you keep your important papers? In an emergency situation, valuable time could be wasted tracking down important legal papers. Make it a point to tell your children, successor trustee or personal representative where they can find your original documents. If you store those documents in a safe deposit box, or a safe at home, make certain they have the ability to get into the box or safe.
We frequently receive calls from our clients’ family members who want to know where they can find these documents, and they need them “now” because there is a family crisis. There are legal limitations that tie our hands so often we cannot provide our copies to the family.
You do not have to tell anyone about the contents of the papers, just let them know how they can access them in an emergency.
Friday, March 09, 2012 Help Idaho Legal Aid Services - So They Can Continue to Help Seniors and Low Income Idahoans
By Susan M. Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
I am asking for your help to support House Bill 640 to continue to provide free legal services to low income people in Idaho.
Idaho Legal Aid Services [ILAS] provides free civil legal services to seniors and low income people throughout Idaho. They cannot charge for services and depend on federal monies and grants to serve their clients. In recent years, all of the other 49 states have funded their legal services providers through filing fees, appropriations, or both. In 2006, the Idaho State Bar approved a resolution supporting a filing fee or state funding for ILAS. At first they tried for an appropriation but couldn’t make that work as the recession kicked in. In the last few years they have been told the only way to get funding is through a civil filing fee surcharge. The Idaho Supreme Court supports the filing fee bill.
The bill is to be heard by the House Judiciary, Rules and Administration Committee on Tuesday, March 13, 3012. (HB640 is sponsored by Reps. Cliff Bayer and Lynn Luker). The bill would assess a $20 filing fee on most domestic relations cases. If ILAS were to get this fee, they would use it to make up the loss of $300,000 in funding from the Legal Services Corporation, their main funder. ILAS would use the funds for services to low-income (1) domestic violence victims, (2) abused/neglected children, (3) seniors facing exploitation/scams, (4) veterans and (5) wrongful foreclosures.
The full House will likely vote on the “Children and Families Legal Services Fund” Bill (HB640) shortly after it passes the Committee. Ideally, the Senate will hear the Bill soon after that. My request for help is: If you support the bill, e-mail or call your legislators and urge them to support HB640. This link will take you to the e-mail for your legislator: www.legislature.idaho.gov/about/contactbyname.cfm. Your input is important and would be very helpful.
If ILAS fails to obtain this funding, it is likely they will have to cut back the services they provide to seniors and others.
As a board member of ILAS for the last few years, I have seen first hand how they has made life altering improvements in many disadvantaged people’s lives. Please take a moment to express your support. Thank you for your consideration.
Monday, January 30, 2012 Amazing Role Models - Shame on You
By: Susan M. Graham, Attorney at Law, Senior Edge Legal, Boise, Idaho
Congress has done two things that are amazing.
1. They voted to waive "insider trading" restrictions for themselves. That means they can learn news about a company before we do, and then buy or sell stocks to make a bundle of money. For everyone else, including Martha Stewart who spent months in jail, this type of trading is illegal. Congress plays by privileged rules.
2. For the last six months, we have had a new law in the country that put in place a Consumer Financial Protection Bureau. For it to work, that agency needs a director to exercise its full powers. Congress will not approve the names submitted. The Consumer Financial Protection Bureau was created to regulate consumer products and practices at banks and non-banks, including pay-day lenders, mortgage brokers and student loan providers. What could be better than having a protector for consumers? The system we had before failed to provide the protection needed to avoid the huge financial mess we are in today. Now that the President has appointed a Director, members of Congress are threatening to set aside the appointment.
Friday, November 18, 2011 Thanksgiving - A Time For Stories (Repeating what I shared with you last year)
By Susan M. Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
I remember as a child, sitting at the Thanksgiving table and listening to the adults share stories about their lives and the lives of their long dead family and friends. I heard new stories and the same stories year after year and only slightly paid attention (because I was young and somewhat stupid). Now the elders in my family are all gone and their stories are only vague memories, just like a vivid dream that fades when I awake.
So this blog is to help you do a better job than I did. I was delighted to learn about the “National Day of Listening” which is the day after Thanksgiving. Story Corps, a non-profit, gives suggestions about how to collect and keep those stories. Some great questions to ask are:
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What was the happiest moment of your life? The saddest?
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Who was the most important person in your life? Can you tell me about him or her?
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Who has been the biggest influence on your life? What lessons did they teach you?
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Who has been the kindest to you in your life?
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What are the most important lessons you’ve learned in life?
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What is your earliest memory?
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Are there any words of wisdom you’d like to pass along to me?
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What are you proudest of in your life?
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When in life have you felt most alone?
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How has your life been different than what you’d imagined?
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How would you like to be remembered?
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Do you have any regrets?
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What does your future hold?
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Is there anything that you’ve never told me but want to tell me now?
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Is there something about me that you’ve always wanted to know but have never asked?
For a “Do-It-Yourself Instruction Guide” go to nationaldayoflistening.org. You will find the Instruction Guide and lots of other good questions and suggestions.
My best wishes to you for an enjoyable Thanksgiving and Holiday Season.
Friday, September 23, 2011 Caregivers Reminder
By: Anonymous and Susan M. Graham
When I spill some food on my nice clean dress or maybe forget to tie my shoe, please be patient and perhaps reminisce about the many hours I spent with you. When I taught you how to eat with care, plus tying laces, dressing yourself and combing your hair.
Those were precious hours spent with you so when I forget what I was about to say, just give me a minute. Or, maybe too it probably wasn't important anyway. I would much rather you just listen if I tell a story once more even if you know the ending through and through. Remember your first nursery rhymes when I rehearsed it a hundred times.
When my legs are tired and it's hard to stand or walk the steady pace that I would like to do, please take me carefully by my hand, and guide me now as I so often did for you.
I don't know who wrote this [I modified it some], but I love the sentiment to remind us of both the earlier and later steps in life's journey.
Saturday, August 13, 2011 Are You Fed Up Yet? How About An Amendment to Make Congress More Accountable?
Susan M. Graham, Certified Elder Law Attorney
I received this suggestion from a friend today, and I thought it might resonate with some of you.
The 26th amendment (granting the right to vote for 18 year-olds) took only 3 months and 8 days to be ratified! Why? Simple! The people demanded it. That was in 1971...before computers, before e-mail, before cell phones, etc.
Of the 27 amendments to the Constitution, seven (7) took one year or less to become the law of the land...all because of public pressure.
Here is a suggested Amendment:
Title: Congressional Reform Act of 2011.
1. No Tenure/No Pension. A Congressman collects a salary while in office and receives no pay when they are out of office.
2. Congress (past, present and future) participates in Social Security. All funds in the Congressional retirement fund move to the Social Security system immediately. All future funds flow into the Social Security system, and Congress participates with the American people. It may not be used for any other purpose.
3. Congress can purchase their own retirement plan, just as all Americans do.
4. Congress will no longer vote themselves a pay raise. Congressional pay will rise by the lower of CPI or 3%.
5. Congress loses their current health care system and participates in the same health care system as the American people.
6. Congress must equally abide by all laws they impose on the American people.
7. All contracts with past and present Congressmen are void effective January 1, 2012.
The American people did not make this contract with Congressmen. Congressmen made all these contracts for themselves. Serving in Congress is an honor, not a career. The Founding Fathers envisioned citizen legislators, so ours should serve their term(s), then go home and back to work.
Saturday, July 09, 2011 Eleven (11) Things They Did Not and Will Not Learn in School
In a speech to high school students, Bill Gates passed on to them the following eleven (11) rules. The rules come from Charles Sykes, author of "Dumbing Down Our Kids: Why American Children Feel Good about Ourselves but Can't Read, Write or Add" (St. Martin's Press, 1996). It appears that the rules did not come directly from this book, but were the basis of his book "50 Rules Kids Won't Learn in School: Real World Antidotes to Feel-Good Education" (St. Martin's Press 2007).
Mr. Gates talked about how feel-good politically correct teaching has created a full generation of kids with no concept of reality and how this concept sets them up for failure in the real world.
Rule 1: Life is not fair - get used to it.
Rule 2: The world doesn't care about your self esteem. The world will expect you to accomplish something BEFORE you feel good about yourself.
Rule 3: You will NOT make $60,000 a year right out of high school. You won't be a vice president with a car phone until you earn both.
Rule 4: If you think your teacher is tough, wait till you get a boss. He doesn't have tenure.
Rule 5: Flipping burgers is not beneath your dignity. Your grandparents had a different word for burger flipping. They called it opportunity.
Rule 6: If you mess up, it's NOT your parents' fault, so don't whine about your mistakes. Learn from them.
Rule 7: Before you were born, your parents weren't as boring as they are now. They got that way from paying your bills, cleaning your clothes and listening to you talk about how cool you are. So before you save the rain forest from the parasites of your parents' generation, try delousing the closet in your own room.
Rule 8: Your school may have done away with winners and losers, but life has not. In some schools they have abollshed failing grades and they'll give you as many tries as you want to get the right answer. This doesn't bear the slightest resemblance to ANYTHING in real life.
Rule 9: Life is NOT divided into semesters. You don't get summers off and very few employers are interested in helping you find yourself. Do that on your own time.
Rule 10: Television is NOT real life. In real life people actually have to leave the coffee shop and go to jobs.
Rule 11: Be nice to nerds/people. Chances are you'll end up working for one.
If you can read this ... Thank a Teacher.
If you can read this in English ... Thank a Soldier!
And for life and everything else you have ... Thank God!
Mr. Sykes had additional rules, three (3) of which are:
Rule 12: Smoking does not make you look cool. It makes you look moronic. Next time you're out cruising, watch an 11-year-old with a butt in his mouth. That's what you look like to anyone over 20. Ditto for "expressing yourself" with purple hair and/or pierced body parts.
Rule 13: You are not immortal. (See Rule No. 12). If you are under the impression that living fast, dying young and leaving a beautiful corpse is romantic, you obviously haven't seen one of your peers at room temperature lately.
Rule 14: Enjoy this while you can. Sure parents are a pain, school's a bore, and life is depressing. But someday you'll realize how wonderful it was to be a kid. Maybe you should start now. You're welcome.
To read an excerpt of "50 Rules" go to: http://us.macmillan.com/50ruleskidswontlearninschool.
Friday, July 01, 2011 It's Your Funeral (Part Two)
Last week I wrote about two ways to pay for your funeral.
There is a second part of funeral planning to consider. We believe it is important to leave a legacy. Part of that legacy is to be remembered long after we are gone.
We have a new FREE service that we offer to our clients to help create this lasting legacy. It is a membership program called "Legacy Safeguard," offered through our office in cooperation with National Guardian Life Insurance Company (NGL).
Some of the features of Legacy Safeguard are:
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Legacy Planning Guidetm Software - A one-of-a-kind legacy planning software that will help you share with your loved ones your historical information, the lessons you've learned, and the family values you hope they keep.
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End of Life Planning, Guidance and Assistance - At the time of need, because of a death, Legacy Safeguard advisors are on call to help your family locate several funeral homes and cemeteries in your area, help create a dignified memorial service that celebrates your life, and help your family make informed decisions about the use of the funds that you have set aside to pay for your final arrangements.
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Legacy Safeguard advisors can inform your family about bereavement travel options and discounts available to them. They also can recommend grief-counseling programs to help your family through the loss of a loved one.
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Celebrating Life Events - As a member, you receive an exclusive professionally produced Family Legacy DVD that combines your photos with your favorite music. In addition, members will enjoy a 20% discount on flowers, gift baskets and other items from FTD to celebrate life for any occasion.
These are some of the benefits that make it easy to create a permanent legacy for your family and future generations. What an extraordinary gift to those you love.
If you are a client of The Graham Law Office and want to become a member of Legacy Safeguard, just call 344-0375 and we will get you started.
Friday, June 24, 2011 It's Your Funeral....
There is a 100% guarantee that each of us will die one day. Who is going to pay for your funeral and where will they get the money?
One of the greatest gifts you can give to your family is to prepay and prearrange your funeral. There are different ways to do this: (1) Meet with one of the local funeral homes at their location or in your home to decide on the details of your funeral from the cost of burial or cremation, flowers, obituary and other features you want. (2) Decide how much you want to spend and purchase an Irrevocable Funeral Trust to cover the cost. This fund then can be used by a funeral home you select now or have your family make that election in the future.
We have added two new services for our clients.
The first one I want to introduce is the NGL Funeral Trust. It is a packaged plan where a guaranteed-issue National Guardian Life Insurance Company (NGL) insurance policy, with growth, is assigned to a NGL Funeral Trust. This plan is specifically designed to help pay for final expenses, and relieve this burden from your family.
What are the benefits of a NGL Funeral Trust?
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Peace of mind for you and your family
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Guaranteed issue - up to age 99
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Growth for inflation protection
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Income tax free death benefits
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Claims paid the next business day without a death certificate
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Portable to any funeral home in the country
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May help protect funds from all creditors, nursing homes, probate and Medicaid
If this is something you want to explore for you and your family, give us a call.
The second new service is FREE for our clients. We believe it is important to leave a legacy. Part of that legacy is to be remembered long after we are gone. The membership program is called "Legacy Safeguard" and offered through National Guardian Life Insurance Company (NGL). I'll describe this program in the next blog.
Friday, June 10, 2011 I Called My Father "Papa"
Father's Day is June 19. It took fathers a good deal longer than mothers to get their rightful national recognition. It wasn't until President Johnson's proclamation, in 1966, that the holiday was officially recognized. With Father's Day just around the corner, let's give our dads their due with this perspective on fathers and children:
4 years: My Daddy can do anything!
7 years: My Dad knows a lot...a whole lot!
8 years: My father does not know quite everything.
12 years: Oh well, naturally Father does not know that, either.
14 years: Father? He's hopelessly old-fashioned.
21 years: The old man is so out of date.
25 years: He knows a little bit about it, but not much.
30 years: I must find out what Dad thinks about it.
35 years: Before we decide, we will get Dad's idea first.
50 years: What would Dad have thought about that"
60 years: My Dad knew literally everything!
65 years: I wish I could talk it over with Dad once more.
To every father, grandfather and great-grandfather: Enjoy your day!
Friday, March 25, 2011 Idaho Legal Aid Services Funding
Idaho is last in line (again). In supporting Idaho Legal Aid Services (ILAS.)
49 states provide financial support for Legal Aid Services to assist the poor and elderly access the legal system. Idaho does not.
I am on the Board of Directors for Idaho Legal Aid. I went to a meeting yesterday at the Idaho Statehouse where Legislators, Representatives of the Idaho Supreme Court and Idaho Legal Aid were present.
Idaho Legal Aid had to cut back their services for seniors last year because they lost funding. I am an advocate for seniors. I want to protect their independence, families and assets. Idaho Legal Aid provides services for seniors who cannot afford a private attorney. They help them keep their home, get Medicaid benefits, or other services that allow them to live independently and safely.
ILAS is out of money. They have tapped their reserves, and currently, most of their staff, who are devoted to helping the disadvantaged, are working part-time.
This is the letter I sent to Representatives of the Idaho House Committee
I am writing to request that you support House Bill 300. The passage of this Bill will result in a $10 increase on certain civil court filings fees, which would be used to support Idaho Legal Aid Services (ILAS).
ILAS is the only state-wide non-profit law firm that provides free civil legal services to the poor and other vulnerable residents of Idaho. Examples of the type of cases they handle include: exploited seniors, foreclosures, domestic violence, homeless veterans and neglected children.
ILAS serves less than 20% of the demand for its services. If this Bill is passed, it will allow ILAS to restore 15 part-time employees to full-time status.
The work of ILAS brings money into Idaho communities. For example, in 2010 ILAS helped 298 victims of domestic violence obtain custody of their children and orders for child support, medical and day care costs. The value of these awarded funds for a single year, is approximately $1,700,000. As a result of these efforts and the resulting awards, there are 298 fewer individuals who need welfare, which has a positive impact on the state’s budget.
Currently, Idaho is the only state in the union that does not provide state funding support for their Legal Aid organization. In 2006, 75% of the Idaho State Bar members passed a resolution supporting an appropriation or filing fee to support ILAS. Without this additional funding for ILAS it will be impossible for them to continue to provide their current level of services, which is only 20% of the demand for its services.
I am an attorney with a practice that represents the elderly. This past year ILAS had to put cutbacks in place that limit their ability to represent low-income elderly, which leaves them with nowhere to turn.
I request and encourage you to support House Bill 300 to fund Idaho Legal Aid Services. Thank you for your attention to this matter.
Sincerely,
Susan M. Graham
Attorney at Law
What can you do? Contact your Legislator and ask that they support House Bill 300. Time is short, so please do this today. Please call the Legislative Information Center at 208-332-1000 or 1-800-626-047 and advise them you are supporting House Bill 300 in the Judiciary, Rules, and Administration Committee. If you have to leave a message, please include your name, address, and Legislative District if you know it.
Thanks for your help. Susan
Friday, March 18, 2011 My Dogs Ate My Salad!
Yesterday at lunch I made a nice salad, with lettuce, beets, onions and a little dressing. While I was chopping things I tossed tidbits to my dogs, who grabbed pieces of lettuce, peelings and an occasional whole radish out of the air.
Last evening I made a salad for supper, and again tossed trimmings to my dogs Lucy (mostly a border collie) and Pepper (mostly a Lab). Before I started cooking the rest of my meal, I took out the trash, leaving the salad in a bowl on the counter. I was back in less than 2 minutes. I noticed bits of salad on the counter and on the floor, with about 2/3 of the salad left in the bowl.
I was not mad. I trained them to like salad trimmings and I enjoy their company. But I did not recognize I created a monster (dogs that love vegetables, including the ones I thought I would have for supper.)
Why am I sharing this with you? Just to remind me (and you) that it's “just life.” Things happen and if any one is at "fault", it is me, because I trained my dogs to love salad fixings.
Does that apply to you too? What have you set up or who have you set up to be dependent on you and expect tidbits (money, housing, cars, emotional support) that you freely gave, but did not expect they would come to “expect” your generosity or take from you when your back was turned for a moment?
This event is a reminder that we have to speak up and create limits, such as pushing the salad bowl to the back of the counter when I leave the room, or telling your adult children that you can no longer pay their mortgage or bail them out of yet another financial crisis. We each need to be more careful about taking care of ourselves, because the government is taking away the social safety nets since we have such a huge deficit.
Friday, March 11, 2011 Overwhelmed by Technology-Are you falling behind the computer learning curve and scared you can't catch up?
I have reached the point in my life where I want to rent an 8-12 year old to help me with my phone, computer and other electronic items in my world. I found something almost as good, and available on demand.
Look at the website TeachParentsTech.org. They have many short 1-2 minute videos to show you how to do simple things on your PC or Mac computer. My first lesson was how to make the computer screen print bigger! Yeah! Now I can see the print without squinting or trying to change the lighting or angle of my screen.
A grand side effect is the series of enthusiastic young people clearly explaining in simple ways some of the many mysteries of technology. They make me optimistic about the future.
Friday, March 04, 2011 Watch Out for Elder Abuse-(Here is a Common Example)
Actor Mickey Rooney has been the alleged victim of elder abuse at the hands of his own stepkids, according to the restraining orders filed Monday. The 90-year-old actor, who, born in vaudeville has had one of the longest careers of any actor, was granted court protection from stepson Chris Aber and his stepdaughter Christina Aber, after he filed a case against them charging verbal, emotional and financial abuse, and for denying him such basic necessities as food and medicine. The court documents say that both Chris and Christina Aber have been keeping Rooney as “effectively a prisoner in his own home: through the use of threats, intimidation and harassment. Chris Aber has also been accused of taking control over Rooney’s finances, blocking access to his mail and forcing the actor into performances he does not whish to do. With the assistance of attorneys Bruce Roth and Vivian Thoreen of Holland & Knight LLP, Rooney sought and was granted temporary protection for not only himself but for his wife, Jan Rooney, and his stepson, Mark Rooney, who lives with the actor. Rooney fears for their safety and is worried Chris and Christina Aber might retaliate in a physically abusive way, or try to kidnap the actor now that the case has been filed, court documents say. “All I want to do is live a peaceful life, to regain my life and be happy,” Rooney wrote in a statement to his fans. “I pray to God each day to protect us, help us endure and guide those other senior citizens who are also suffering.”
Friday, February 18, 2011 Susan Graham - My Story
My life was better than living with “Ozzie and Harriet” until I was 25 when it dissolved into a nightmare
I was raised by 4 grown ups, an Irish housekeeper and her husband (the gardener), my father, a cancer research doctor and my mother who worked with my father as a scientist. At age 25, I was married and just moved to Moscow, Idaho where my husband was starting law school and I was looking for a job as I just graduated with an MBA from Boston University.
I called my parents every week on Sunday. They lived in Buffalo, New York, out in the country, in an isolated house in the woods and beside a large creek. My mother called me in early September. She was frantic and said my father was missing.
They had had a BIG fight. My father left and checked into a motel. He took a lot of pills and killed himself. My mother went over the deep end and I tried to hold it together. Have you ever tired to hold Jell-O in your hand? It just can’t work. I could not do it. I was too young, I did not have the expertise, I did not have any tools, I did not have the resources, and I did not know where to turn or who could help me. When I asked for help I received little or none. It ended up a disaster that was bad for my mother and bad for me. It split my family apart.
That experience was the beginning for me of learning how to deal with such awful times. I did not realize it but it was the first of many post-graduate “real life” courses I have had in my life that taught me the pain, despair and confusion which occurs when someone dies or becomes unable to care for themselves.
Decades later, after life lessons and lots of study, I now have the experience, tools, and resources to help individuals and families when everything falls apart due to a death, sudden illness or gradual decline.
Friday, February 04, 2011 Your Bucket List: [Remember: Your Deadline is Approaching...]
What a wonderful reminder we were provided by the movie “The Bucket List” starring Jack Nicholson and Morgan Freeman. We are all on a journey that ends some day. What is the point in saying, “Well some day I will do X.”
Now is the time! There will be no better day. Put together your to-do list (also known as a Bucket List). Everyone has some idea of what they would like to accomplish in their lifetime. Putting it into a list helps crystallize that idea and turns vague notions into a lifetime plan of action.
Why not start your list now? Print this off and add extra pages to list your dreams.
Idea Plan of Action/What it will take √ Done
to get it done
• __________________________________________________________ _________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Dated: _____________________
_________________________________________________
Your signature
Why wait? Make your list now. I send you my best wishes for you taking the first step, which is to commit your dreams and desires to paper, and then take the second step of coming up with a plan to accomplish those dreams. Good Luck.
Susan
P.S. If one of your “Bucket List” items is to make sure your estate plan is up to date, call our office 208-344-0375 to see if we can help.
Friday, January 14, 2011 Title - My Father-In-Law Quit Driving!
Yeah! He got lost driving back from the grocery store, which was 5 blocks from his house. Thankfully he had enough sense to say, “That’s it” and parked his car, arranged for the sale and pocketed the money. He put the car sale money in a separate account that he uses to pay for cab fare when he wants to go somewhere that he can’t ride his bike, take a bus or walk.
We were lucky. It is hard for seniors to give up their driver’s license. It means they lose their personal independence and is an overt sign that they are aging.
We have an “Agreement With My Family About Driving” [click here for the form] that can start the discussion with the elder about when to stop driving.
If it is dangerous for a senior to continue to drive, and they refuse to stop, there are some steps that can be taken.
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Ask the doctor to evaluate the senior at their next appointment.
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Have the senior take a driver’s test to see if they pass.
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Dismantle the car so it is not operable.
What a tough decision this is for many families, but it is good to know the right time to stop driving. I’ve had seniors tell me, no problem they will just kill themselves if they have a car accident. I tell them fine, just make sure they do it right and are not seriously injured. More importantly I remind them they could harm someone else, which is not part of their plan.
Go to our website, or click on the link above and down load our form “Drivers Agreement.”
P.S. If you need help with your estate plan contact us through our website (www.graham-lawoffice.com) or call 208-344-0375.
Thursday, December 23, 2010 Two Unusual Resolutions for the New Year!
1. Create an asset to pay for a grandchild’s education. Did you know that you could pay for a grandchild’s education by planting a black walnut tree? If you plant the tree at a child’s birth and sell it when that child goes to college, you can sell it for approximately $60,000. This is according to Diana Beresford-Kroeger, the author of The Global Forest. This way of making money looks better than the stock market or other investments these days. If you try this approach, you may want to plant more than one tree, in case of disease, a storm or other ups and downs of any investment. Certainly a nifty idea.
2. Start the year off right and attend free “Living Well in Idaho” Workshops.*
“Living Well in Idaho” workshops begin again in January to help people manage their ongoing health conditions. These free community workshops have been proven to help reduce hospitalizations and emergency room visits in older adults and improve their self-care. Upcoming workshops scheduled for the greater Boise area (provided through Friends in Action, www.fiaboise.org) and Nampa, Caldwell, Emmett and Homedale (provided through the Area Agency on Aging, www.sageidaho.com) can be located on their websites.
The six-week workshops use goal-setting and problem-solving to help people deal with pain, fatigue and stress; discover better nutrition; develop practical exercise choices; manage medications effectively; and communicate successfully. Anyone of any age with an ongoing health condition (i.e. diabetes, heart disease, COPD, high blood pressure, arthritis, etc.) and their caregivers and families are welcome.
*This information was received as part of an email from Stephanie Bender-Kitz, Ph.D, Director of Friends in Action. I thought it was interesting and wanted to share it with you.
Merry Christmas!
P.S. If you need help with your estate plan contact us through our website ( www.graham-lawoffice.com) or call 208-344-0375.
Tuesday, November 23, 2010 Thanksgiving - A Time For Stories
I remember as a child, sitting at the Thanksgiving table and listening to the adults share stories about lives and the lives of their long dead family and friends. I heard new stories and the same stories year after year and only slightly paid attention (because I was young and somewhat stupid). Now the elders in my family are all gone and their stories are only vague memories, just like a vivid dream that fades when I awake.
So this blog is to help you do a better job than I did. I was delighted to learn about the “National Day of Listening” which is the day after Thanksgiving. Story Corps, a non-profit, gives suggestions about how to collect and keep those stories. Some great questions to ask are:
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What was the happiest moment of your life? The saddest?
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Who was the most important person in your life? Can you tell me about him or her?
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Who has been the biggest influence on your life? What lessons did they teach you?
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Who has been the kindest to you in your life?
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What are the most important lessons you’ve learned in life?
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What is your earliest memory?
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Are there any words of wisdom you’d like to pass along to me?
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What are you proudest of in your life?
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When in life have you felt most alone?
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How has your life been different than what you’d imagined?
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How would you like to be remembered?
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Do you have any regrets?
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What does your future hold?
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Is there anything that you’ve never told me but want to tell me now?
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Is there something about me that you’ve always wanted to know but have never asked?
For a “Do-It-Yourself Instruction Guide” go to nationaldayoflistening.org. You will find the Instruction Guide and lots of other good questions and suggestions.
My best wishes to you for an enjoyable Thanksgiving and Holiday Season.
P.S. I am making the best apple pie I have ever tasted for desert on Thanksgiving Day! If you want to try it, here is the recipe.
Marlborough Pie*
Ingredients
One uncooked piecrust in a 9-inch pie pan
Filling:
1 lemon
3 large apples, peeled
1 c. sugar
3 eggs
½ cup butter
Directions
Heat the over to 400 Degrees F.
Roll out the pie dough and put in an 9-inch pie pan
Filling
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Grate the lemon peel into a bowl, taking care to avoid the white pith.
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Squeeze the lemon juice into the same bowl.
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Grate the peeled apples into the bowl and toss in the lemon juice.
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Cream the butter, add the sugar, and then add the eggs.
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Stir the butter mixture into the apples.
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Pour into the piecrust.
Bake at 400 degrees F for 15 minutes, then reduce the heat to 350 and bake for 45 minutes or until a knife inserted in the center comes out clean. Cool for least 30 minutes if you are serving it warm.
*Source: Apple Pie, an American Story, by John T. Edge. G. P. Putnam and Sons, Copyright 2004.
P.P.S. Want to Help an Idaho Wildlife Charity?
Idaho Statesman.com
November 20, 2010
Anna Webb - Idaho Statesman
The grant money would help expand enclosures for bear rehab and build an education center, say the local rehab experts who save and work with orphaned bear cubs, and prepare them for release back into the wild, at the Garden City nonprofit.
Public voting during November will determine the winners in the latest round of the “Pepsi Refresh Project." Idaho Black Bear Rehab, IBBR, has moved into the top 90 competitors, but must earn enough votes to make the top ten in order to get the money.
Click on the $50,000 tab to find Idaho Black Bear Rehab.
Wednesday, October 27, 2010 Change in Idaho Voter Law and ID Requirements
Elections are next Tuesday, November 2. Idaho changed the law so now you need proof to bring with you to the voting booth. The notice reprinted below came from David Irwin, Director of Communication & Government Affairs of AARP Idaho.
As of July 1st, 2010 there is a new law in Idaho that concerns voting and providing identification at the polls on Election Day and for absentee voting. There seems to be much confusion about the new law. So, hopefully, this will answer a few questions and provide some clarification over what the law means for you, your family, neighbors and all voters in Idaho.
The new law implements a requirement that those citizens who are registered to vote in Idaho show identification prior to doing so (both on Election Day and for those voting at absentee polling locations), for those who are registered and don't have an ID (a group who haven't been required to show ID in the past) they will be able to sign an affidavit, stating that they are who [sic] say they are, the poll workers will check and see who is registered and who is not – those who aren’t can’t vote.
Anyone who makes a false statement or falsely signs an affidavit will face felony charges. The law was introduced and shepherded through the Idaho State Legislature this year and passed both houses with an overwhelming majority. Voting in Idaho is only for US citizens who are registered to vote – In the past Idaho voters have not been required to show ID at the polls, the new law contains changes to that.
Please share this information with your friends and family who may be affected. We’re simply working to make people aware of the new law. For more information please visit: http://www.idahovotes.gov/voter_id.htm. See below for the text of the new law.
TITLE 34
ELECTIONS
CHAPTER 11
CONDUCT OF ELECTIONS
34-1113. Identification at the polls. All voters shall be required to provide personal identification before voting at the polls or at absent electors polling places as required by section 34-1006, Idaho Code. The personal identification that may be presented shall be one of the following:
(1) An Idaho driver's license or identification card issued by the Idaho transportation department;
(2) A passport or an identification card, including a photograph, issued by an agency of the United States government;
(3) A tribal identification card, including a photograph; or
(4) A current student identification card, including a photograph, issued by a high school or an accredited institution of higher education, including a university, college or technical school, located within the state of Idaho.
TITLE 34
ELECTIONS
CHAPTER 11
CONDUCT OF ELECTIONS
34-1114. Affidavit in lieu of personal identification. If a voter is not able to present personal identification as required in section 34-1113, Idaho Code, the voter may complete an affidavit in lieu of the personal identification. The affidavit shall be on a form prescribed by the secretary of state and shall require the voter to provide the voter's name and address. The voter shall sign the affidavit. Any person who knowingly provides false, erroneous or inaccurate information on such affidavit shall be guilty of a felony.
I always enjoy going to vote on Tuesday and waking up Wednesday to the beginning of a new legislative phase with a different combination of legislators.
P.S. Happy Halloween! I celebrate by baking a pumpkin stuffed with meat, dried fruit and onions to share with friends. Yum!
Friday, October 15, 2010 The Elder Justice Act Passed. Why You Should Care?
Elder abuse is a serious and widespread problem. The National Center on Elder Abuse (NCEA) estimates that one to two million elders are exploited or mistreated by someone they depend on for care. As an example in 2005, people 65 and older lost $1.3 billion in personal property crimes. Elder justice is about elder abuse prevention whether it occurs in the home or in a facility.
What is the Elder Justice Act? It became law on March 23, 2010, as part of the national Health Care Reform Bill. The most important parts provide for funding for Adult Protection Services for states and establishes an Elder Justice Coordinating Counsel to start the process to coordinate the activities of federal, state, local and private agencies and entities relating to elder abuse, neglect and exploitation.
What are the types of elder abuse?
• Physical abuse – use of force to threaten or physically injure a vulnerable elder.
• Emotional abuse – verbal attacks, threats, rejection, isolation, or belittling acts that cause or could cause mental anguish, pain or distress to a senior.
• Sexual abuse.
• Exploitation – theft, fraud, misuse or neglect of authority, and use of undue influence as a lever to gain control over an older person’s money or property.
• Neglect - a caregiver’s failure or refusal to provide for a vulnerable elder’s safety, physical or emotional needs.
• Abandonment - desertion of a frail or vulnerable elder by anyone with a duty of care.
• Self-neglect - an elder becomes unable to understand the consequences of one’s own actions or inactions, which leads to or may lead to harm or endangerment.
As people age often there is a conflict between the rights of the elderly senior to make independent decisions and the need to protect that senior from making or failing to make decisions that put them in danger.
This is a difficult balancing act between permitting the senior to have full control of their life and protecting them when necessary. Just being aware of the problem is a start to help eliminate elder abuse.
So the good news is the Elder Justice Act is now law, and has started the process to protect the elderly from abuse. The bad news is Congress failed to provide funding to implement the act. What can you do? Contact Senators Crapo and Risch, and Congressmen Simpson and Minich and ask that they support the funding for the Elder Justice Act1.
P.S. I’ve missed the past few weeks because I have been out of town. I attended a statewide meeting in McCall where we shared information and ideas on how to more effectively represent our clients to help them obtain Medicaid benefits. Then I went to Las Vegas to help grade exams for a national test to be Certified Elder Law Attorneys (CELA). I am one of approximately 400 CELAs. Unfortunately it appears only 6 of 16 passed the test. I came home with a cold and that put me out of commission for a week. Happy Fall to you!
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1The Elder Justice Act: Where We Are Today, September 8, 2010, Bob Blancato, National Coordinator, Elder Justice Coalition, www.elderjusticecoalition.com
Friday, July 23, 2010 IMPORTANT NOTICE - THE IDAHO HUMANE SOCIETY REALLY NEEDS YOUR HELP
It will only take a minute or two of your time!
The IHS is competing with nineteen other animal shelters from around the country to win $50,000 from Purina and Kroger. Anyone with an internet connection and email address can vote once every day to support the animals of Idaho. It’s really simple.
Visit: http://petloversvote.com/Pages/Signup.aspx
Enter Your Email Address & Click Submit
Vote Idaho Humane Society
The IHS took an early lead thanks to our hugely supportive community. Unfortunately, as the end of the contest draws near other, much larger animal shelters in the competition are creeping closer to the Idaho Humane Society and we’re losing our lead! That’s where we need your help!
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Please vote every day: You can mark it on your calendar. It is only 8 more days until the end of the contest on July 31, 2010. If you’re already voting—thank you!
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Forward this email: Please consider resending this email to everyone in your contact list. Tell them why you’re passionate about making our community and all of Idaho a more humane place for animals.
Thank you for your continued support!
The Idaho Humane Society is the State’s oldest and largest animal protection organization and veterinary charity. The Idaho Humane Society’s mission is to advocate for the welfare and responsible care of animals, protect them from neglect and cruelty and promote human awareness and compassion.
Friday, May 28, 2010 Changes For Idaho Seniors-Some Good And Some Bad
The Idaho Legislature during the 2010 session passed a few laws that impact seniors in Idaho starting July 1, 2010.
• Good News: The Idaho Legend Drug Donation Act (Senate Bill 1320a) provides for perfectly good medications no longer needed by patients in nursing homes to have a new life in free clinics. What a great plan.
• Bad News: The Freedom of Conscience for Health Care Professionals (Senate Bill 1353) provided that “No health care professional shall be required to provide any health care service that violates his or her conscience.” There is concern that this new law [Idaho Code Section 18-611] may result in the wishes expressed by a dying person in a “Living Will” may not be honored. What a shame.
• More Bad News: Starting June 1, 2010, Idaho Legal Aid Services (ILAS) will limit access to the Senior Legal Hotline. In the past if you were a senior (age 60 or older) and you needed help with a legal problem, had a question you think a lawyer should answer, or had been sued and didn't know where to turn, you could call the Senior Legal Hotline. ILAS has lost some of their funding for this service. Over the last 3.5 years, ILAS attorneys assisted over 5900 seniors with legal advice or brief legal services at no charge. There was no income or asset restriction for which seniors could be represented. Effective June 1 this service will be restricted to only low income seniors. Low income is defined as those who have incomes that fall at or below 125% of federal poverty guidelines. This means if you are a single senior (age 60+) and your income is $1128.17 per month or married seniors (age 60+) and whose combined income is $1517.75 per month or less you can access this service. Based on the past experience of ILAS, 60% of the seniors they served will no longer be able to use this resource. Unfortunately, Idaho is one of two states in the nation that does not provide state funding to Idaho Legal Aid Services.
Friday, April 23, 2010 What's Not Working In Idaho-Balancing The Idaho Budget On The Backs Of Seniors And The Disabled
Amazingly, this week on the radio I heard that Health and Welfare would suspend the funds they pay for “Meals On Wheels” for the last weeks in June! What are seniors supposed to eat for those weeks?
The Idaho Department of Health and Welfare has also suspended paying nursing homes for the Medicaid share of the cost of care. The Department sent out a letter dated March 31st stating “Due to budget constraints, the Idaho Medicaid Program will suspend payments to all Medicaid providers for the final three payment cycles of fiscal year 2010 (June 30)… Payments will resume the first week of July 2010. ... Unfortunately, due to budget holdbacks, we are unable to make any exceptions. ... Current projections indicate that the Medicaid program will fall short of state general fund requirements by more than $20 million.” This means for in-home care providers and nursing homes that participate in Medicaid, there will be no payments from the state and federally funded Medicaid program for caregivers and nursing homes for the last weeks of the Idaho budget year ending June 30, 2010. How are the at-home caregivers and nursing homes to provide care and pay their continuing operating expenses?
Shame on our State of Idaho government for taking away the safety nets that have been in place for decades designed to protect our seniors and disabled persons and give them basic life services of food and safe care when they are old or disabled and can no longer provide for themselves.
Friday, April 02, 2010 What To Do When Someone Dies. A Checklist.
The following is a general checklist of steps that need to be taken at the time someone dies:
1. First arrange for care of the body.
a. If the person died at home and hospice is not involved, call the Coroner's office.
b. Find out if the decedent left any funeral and burial instructions and follow their instructions.
If there are no instructions or if the funeral arrangements have not been prearranged, a person with authority will need to contact a local funeral home for assistance. If you do not know who the person of authority is, the funeral home will understand the law and tell you who this person is.
2. Arrange to help any persons who were dependent on the decedent for care and arrange for the care of any pets.
3. Secure the residence of the decedent. You may want to have a trusted friend stay there, change the locks and notify the police.
4. Keep accurate track of the time you spend doing this work. Also get receipts for all out-of-pocket expenses you pay to do this work.
5. Notify the decedent's friends, family members and employer or employees of the death.
6. Arrange to receive several copies of the death certificate – ten (10) is not too many in most cases.
7. Locate the decedent's original will and original trust document.
8. Keep a running list on a note pad of the gifts, flowers, food, etc. brought by others so you can thank them later.
9. DO NOT give any assets away to anyone until you talk with a lawyer! If you allow assets to be taken, you may be personally liable to the estate of the decedent for the value of those assets.
10. Call The Graham Law Office, P.A. (344-0375) for assistance in the administration of the decedent’s estate. If the deceased person owned more than $100,000 in titled assets or owned a home or other real property, it will be necessary to take some formal legal steps to gather up the assets, protect them, pay the bills and ultimately distribute the assets. If there is no real property and the titled assets are less than $100,000, there is an informal legal way to handle those items. It is important to get legal professional help before making estate management decisions. Sometimes the wrong decision, taken hastily, can be very costly. We can help you avoid those wrong decisions. The first 30 minutes of this consultation is FREE.
Monday, February 08, 2010 Increased FDIC Coverage Extended
The FDIC has extended increased coverage of bank accounts for another four years. FDIC insurance is slated to remain at $250,000 per depositor, per institution through December 31, 2013, rather than reverting to $100,000 as originally anticipated. You need to pay particular attention to FDIC rules if your account is titled in the name of your revocable trust. For revocable trusts, the $250,000 coverage is per beneficiary on a proportionate basis. To illustrate, let's say you have $1,250,000 in a revocable trust at Bank A, and five beneficiaries in your trust. If each beneficiary gets an equal share ($250,000), then the full $1,250,000 in your trust is protected. But if one beneficiary gets 50% of your assets ($625,000), that leaves $375,000 of that share unprotected ($625,000 - $250,000). FDIC protection would thus cover only $875,000 of your trust assets ($1,250,000 - $375,000) at Bank A. Note: The same rules apply to "Payable on Death" or "In Trust For" accounts.
Monday, December 21, 2009 Who will care for your best friend?
I am a dog lady. I’ve always had nifty dogs in my life and have two great ones now. I call them the “best in the west” dogs. One is mostly lab and one mostly border collie. One came from the humane society and one from a friend who could no longer care for the dog. Of course, I intend to always be there to take care of my pets. As an estate-planning attorney I know how uncertain life can be for others and me too. So I have made arrangements for the emergency care of my pets through a new program called “Angle Care” offered by the Idaho Humane Society. If I become incapacitated or die, I know my pets will be cared under a personal plan that I created for them. If you would like more information, I encourage you to contact them by email at AngelCare@idahohumanesociety.org or visit the website www.idahohumanesociety.org/programs.
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