Saturday, October 24, 2009

Planning for Your Elder Years

If we were to ask an older person what his or her most important concerns for aging are, we would probably get a variety of different answers. According to surveys frequently conducted among the elderly, the most likely answers we would receive would include the following three principal concerns or life wishes:

1. Remaining independent in the home without intervention
from others

2. Maintaining good health and receiving adequate health care

3. Having enough money for everyday needs and not outliving
assets and income

To address these concerns or wishes and maintain the quality of life wanted in the elder years, it simply takes a little preplanning.

Few people do this kind of planning.

It is human nature not to worry about an event until it happens. We may prepare financially for unexpected financial disasters by covering our homes, automobiles and health with insurance policies.

However, no other life event can be as devastating to an elderly person’s lifestyle, finances and security as needing long term care. It drastically alters or completely eliminates the three principal lifestyle wishes listed above.

The majority of the American public does not plan for this crisis of needing eldercare. The lack of planning also has an adverse effect on the older person's family, with sacrifices made in time, money, and family lifestyles.

Because of changing demographics and potential changes in government funding, the current generation needs to plan for long term care before the elder years are upon them.

Let us look at some facts.

  • The population of the "very old,"--older than age 85--is the
    fastest growing group in America. This population is at
    highest risk for needing care. (Statistical abstract of the United States,
    2008, population)
  • Medical science is preventing early sudden deaths, which
    means living longer with impaired health and greater risk of
    needing long term care.
  • The Alzheimer's Association estimates the risk of
    Alzheimer's or dementia beyond age 85 to be about 46% of
    that population.
  • It is estimated that 6 out of 10 people will need long term
    care sometime during their lifetime.
  • Children are moving far away from parents or parents move
    away during retirement making long distance care giving
    difficult or impossible.
  • Government programs--already stretched thin for long term
    care services--will experience even greater stress on
    available funds in the future.

One of the important things for planning is how to maintain your lifestyle as you age. You may be healthy enough to stay in your own home with help provided for the following activities of daily living:

maintaining a home,
providing meals,
supervision,
companionship,
transportation and
shopping services.

This type of care at home is non-medical and must be provided free of charge by family, friends, or volunteers or the care must be paid for out-of-pocket by the family.

Government programs, in most cases, will not pay for this kind of care. It is estimated that 80% of all long term care is non-medical, with 90% of that care provided in the home. It is most likely that your long term care will begin with home care.

It is wise to plan now how you will pay for care when it is needed. In evaluating your future income you may find it necessary to add some resources such as long term care Insurance to pay for assisted living or nursing home costs. Long term care insurance must be purchased while you are younger and healthy. Failing health, stroke or other aging issues will not allow you to qualify for this insurance.

A reverse mortgage will also help pay for home care if staying in your home is an option.

Consider where you may want to live in your elder years. Many assisted living facilities offer complete care alternatives with a nursing home wing if needed. Senior retirement communities also offer many amenities with some including home care options.

Now is the time to do estate planning. A professional estate planner will give you direction on how best to protect your assets for future needs and for Medicaid planning.

Do your paper work. Now is the time to create your trusts, will, medical directives in a living will and any other documents you want noted for future use. Gather Insurance policies and bank records where they can be found by family members in case you are not able to get them yourself.

We don’t like to think of our elder years in terms of health problems, but a sudden stroke, heart failure or onset of dementia could make it impossible to carry out our own wishes if preparation was not made ahead of time.

The process of long term care planning involves the following four
principles:

1. Knowledge and preparation are the keys to success.
2. Having funds to pay for care expands the choices for care
settings and providers.
3. Using professional help relieves stress, reduces conflict, and
saves time and money.
4. Success is assured through a written plan accepted by all
parties involved.

(The above excerpt is quoted from "The 4 Steps of Long Term Care Planning," National Care Planning Council)

The National Care Planning Council' s website -- www.longtermcarelink.net -- provides over 700 pages of information for long term care planning and lists services of professional care providers in estate planning, long term care insurance, reverse mortgage, home care and many other important long term care services.

The National Care Planning Council' s book, “The 4 Steps of Long Term Care Planning,” provides information on what Medicaid and Medicare will cover as well as an overview of professional long term care service providers and how their services can help you create and execute your long term care plan. A check list of what to do to create a plan and forms for creating necessary paperwork are also included in the book.

Thursday, September 24, 2009

PreNeed (Pre-Paid) Funeral and Burial Plans

Advantages and Disadvantages of Prepaid Plans

One way to plan in advance for the end of one's life is to sign a formal contract called a "preneed funeral plan." With this plan, money to pay for a funeral and/or burial is held in a trust, in an escrow account or paid through an insurance policy on the life of the person desiring the plan. Parts of or all of the funeral service and burial are designed in advance and pre-funded in advance and the family has little to do but show up.

This type of planning has become very popular in recent years. A survey conducted by the AARP in 1999, found that two out of five people over age 50 had been approached to pre-purchase funerals and burial goods and services. An AARP survey in 1998 indicates that 32% of all Americans over age 50, roughly 21 million people, have prepaid some or all of their funeral and or burial expenses (but not necessarily through a formal preneed plan). Breaking that down; about 25% of the over age 50 population have prepaid for their burials (cemetery plot, mausoleum or niche), 18% have prepaid for headstones, urns, caskets , grave liners or vaults, opening and closing of graves and so on and 13% have prepaid for goods or services from a funeral home or funeral director. The same survey indicates that over $25 billion is being held in preneed trust funds. Roughly another $25 billion is waiting to be paid out in life insurance benefits. Prepaid or preneed funerals and burials are big business.

Funerals and burials funded privately by the family, or paid from an individual life insurance policy and arranged informally through a funeral home or funeral director are generally not subject to state regulation. Any formal arrangement through a second party or involving a contract is subject to regulation in all states. Each state has adopted different rules as to who can sell these plans, what the plans can provide, what contract provisions must be, how the plan is to be funded and what recourse purchasers might have in the event of fraud or default. All states call these regulated plans "preneed" funeral and burial arrangements.

Here are some advantages as to why one would want to buy a preneed plan for funeral and burial services and goods.
  • It provides peace of mind knowing these arrangements have been made in advance.
  • It avoids the burden on family members to make decisions when they are most vulnerable to manipulation.
  • It allows one to virtually control from the grave by determining in advance the funeral products, funeral services, burial products and burial services that one would prefer having for final arrangements.
  • It helps the family to avoid taking loans, arranging finance plans, raiding savings or selling assets to pay for a funeral and burial.
  • It guarantees (for many contracts) that if products and services currently purchased are not available in the future, equivalent substitutes will be provided at no additional cost.
  • It locks in guaranteed prices (available with some contracts) forever.
  • It allows for inflation in future costs (for those contracts that do not guarantee prices) by investing money in an interest-bearing account or buying life insurance that increases in value over time.
  • Depending on the contract, it may allow for transfer to another funeral home or for partial or full refund.
Unfortunately, there are also problems with prepaid, preplanned final arrangements.
  • With some trust fund and insurance funding options there may be no refund if someone wants to cancel the plan in the future.
  • If a purchaser moves to another state there may be no transfer options or there may be different rules governing the funding option.
  • In some contracts, interest earnings on investments resulting in excess money not needed for the plan may be retained by the funeral home or funeral director.
  • On installment plans interest may be charged but not credited to the account.
  • In certain insurance funded contracts, the ownership or death benefit may be irrevocably assigned to the contract holder (funeral home), preventing the purchaser from enjoying ownership rights in the policy.
  • In certain insurance funded contracts, a growth in the death benefit over time that exceeds the cost of the preneed plan services and goods may be pocketed by the contract holder (funeral home) instead of being refunded.
  • If the contract provider goes out of business or fails to secure 100% of the funds for future payment, there may be no recourse to get all of the money back that was put in.
  • If certain services or goods that were purchased initially are not available in the future, but more expensive versions might be, the family may be forced to pay extra for those items.
  • In certain insurance funded plans, if the insured dies too soon, there may have been a waiting period in which few or no benefits are paid at death, thus forcing the family to pay out of pocket for the funeral.
  • Certain unscrupulous providers may have failed to provide an itemized list of services and goods or failed to identify properly, specific services and goods, thus allowing the provider in the future to substitute less expensive items or to leave out services and goods that were originally anticipated in the agreement.
What Services and Goods Can Be Prepaid?

All states allow for prepaid plans for funeral services and merchandise. This would include such things as picking up the body, embalming and restoration, rooms or chapel for viewing and funeral services, casket, vault or grave liner, transportation, permits, death certificates, obituaries and so forth. Almost all states allow for prepaid burial services and merchandise as well. Only about six states do not allow it. Burial services and merchandise might include opening and closing the grave, grave markers, vaults or grave liners, mausoleums or niches. Cemetery plots are excluded from prepaid plans in all states.

The AARP has excellent information for consumers on planning for funerals. Quoting from the AARP:

"Most states have a licensing board that regulates the funeral industry. You may contact the board in your state for information or help. If you want additional information about making funeral arrangements and the options available, you may want to contact interested business, professional and consumer groups."

To find a planner in your area you may also contact the National Care Planning Council at inquiry@longtermcarelink.net or call 800-989-8137

Saturday, August 15, 2009

How to form an LLC in Texas

Many companies in Texas choose to use a limited liability company (or LLC) for their business. LLCs are great small business entities because they provide limited liability while also providing flexibility for taxing purposes.

To form an LLC, the first step is to choose a name for your limited liability company. You can use almost any name you want, except for names that are too close to the names of existing LLCs, violate someone else's trademark, or a few restricted names. You can check the LLC name options by contacting the Texas Secretary of State's Office.

The second step is to file a Certificate of Formation. This certificate, which used to be called Articles of Organization, lists basic information about your limited liability company. The information you will need includes:

  1. Name of the LLC

  2. Name and address of the Registered Agent

  3. Address of the LLC's principal office

  4. Names and addresses of the LLC Managers

The registered agent is a person that will receive formal notices from the State of Texas about matters involving the LLC. The registered agent will also be the person that will be served with any lawsuits involving the limited liability company. The LLC managers are essentially the same as a board of directors; they will manage the day to day operations of the limited liability company.

The third step is to file the Certificate of Formation and the required filing fee to the Texas Secretary of State. Once you receive confirmation (Certificate of Filing) from the Secretary of State, your limited liability company will be official and the LLC formation complete.

However, you probably also need to:

  1. create an LLC Operating Agreement

  2. sign initial LLC meeting minutes (or a written consent)

  3. order a corporate record book and issue the LLC membership units (LLC stock)

  4. apply for a federal tax id number

  5. apply for any licenses or permits needed for your business

If you need help in starting an LLC, Peterson Law Group has 2 ways to help you. You can use our full service law firm or you can use our self help virtual law firm.

How to form an LLC in Texas

Many companies in Texas choose to use a limited liability company (or LLC) for their business. LLCs are great small business entities because they provide limited liability while also providing flexibility for taxing purposes.

To form an LLC, the first step is to choose a name for your limited liability company. You can use almost any name you want, except for names that are too close to the names of existing LLCs, violate someone else's trademark, or a few restricted names. You can check the LLC name options by contacting the Texas Secretary of State's Office.

The second step is to file a Certificate of Formation. This certificate, which used to be called Articles of Organization, lists basic information about your limited liability company. The information you will need includes:

  1. Name of the LLC

  2. Name and address of the Registered Agent

  3. Address of the LLC's principal office

  4. Names and addresses of the LLC Managers

The registered agent is a person that will receive formal notices from the State of Texas about matters involving the LLC. The registered agent will also be the person that will be served with any lawsuits involving the limited liability company. The LLC managers are essentially the same as a board of directors; they will manage the day to day operations of the limited liability company.

The third step is to file the Certificate of Formation and the required filing fee to the Texas Secretary of State. Once you receive confirmation (Certificate of Filing) from the Secretary of State, your limited liability company will be official and the LLC formation complete.

However, you probably also need to:

  1. create an LLC Operating Agreement

  2. sign initial LLC meeting minutes (or a written consent)

  3. order a corporate record book and issue the LLC membership units (LLC stock)

  4. apply for a federal tax id number

  5. apply for any licenses or permits needed for your business

If you need help in starting an LLC, Peterson Law Group has 2 ways to help you. You can use our full service law firm or you can use our self help virtual law firm.

Wednesday, June 10, 2009

What is the purpose of collaborative law?

The purpose of collaborative law is to resolve a dispute in a manner that is beneficial to all concerned. The parties and their lawyers voluntarily agree to cooperate honestly and in good faith to develop options and possible solutions.

If you are interest in this process, contact us today. We are members of the Collaborative Law Institute of Texas.



For more information concerning collaborative law, visit our website at BrazosLawyers.com.

Tuesday, June 09, 2009

How does Collaborative Law help?

Collaborative Law is a voluntary dispute resolution process originally developed by a family law attorney who had become disenchanted with the traditional style of litigation. Often court battles became so bitter and destructive that wounds between the parties never healed. In an effort to alleviate the emotional scars and financial hardships of divorcing couples, the collaborative process was born. Collaborative law aims to preserve the dignity and relationships of individuals involved in divorce or other family-related litigation. After all, they may still have to communicate on parenting and other issues in the future.

For more information concerning collaborative law, visit our website at BrazosLawyers.com.

Sunday, June 07, 2009

How does collaborative law work?

The way collaborative law works is:

• The process is voluntary and everyone has to agree to use Collaborative Law. Each person hires a lawyer trained in the collaborative dispute resolution process.

• All participants and their lawyers sign a Participation Agreement and then prepare a schedule for “face to face” meetings. Each meeting follows an agenda and is attended by the parties and their attorneys. Unless all parties agree otherwise, only topics on the agenda are discussed. The agenda helps keep the discussions on track and helps to minimize surprise and emotional issues. Each person has the opportunity to express that party’s complaints, explain any concerns, and listen to the complaints and concerns of the other people involved.

• The Participation Agreement provides that all sides will exchange all necessary information which is in their possession or control. They also agree that they will not make unnecessary and expensive discovery requests from the other parties.

• The participants agree to seek an expert opinion regarding a fact or issue, or they may elect to mediate or arbitrate an issue of the dispute.

• If at any time during the process a person decides not to continue participating, the collaborative lawyers must withdraw, and the parties continue their case in court with new attorneys.

For more information concerning collaborative law, visit our website at BrazosLawyers.com.