Friday, October 31, 2014

Halloween Safety Tips for Adults and Kids



Michelle Eidam from Metro Fire gives you tips on what you can do to prevent accidents from happening this Halloween.

Wednesday, October 29, 2014

Making A Living Will Impacts End Of Life Care



New research by Lauren Nicholas at University of Michigan's Institute for Social Research shows that making a living will impacts the end of life care of individuals. This is the first national study involving sample from across the US.

Tuesday, October 28, 2014

How To File For Divorce



If you and your spouse have an "amicable divorce" and do not have any children, filing for divorce shouldn't be very difficult.. In these cases, you can probably file jointly for a simplified divorce. In more complex cases, however, you usually have to petition the court for your divorce and serve your ex with a copy of the court papers.

Monday, October 27, 2014

Grief - Preparing for Loss Through The Living Will

My wife of 31 years, Lynne, lost her life to glioblastoma in 2010 following a battle lasting almost four years against the deadly disease. Glioblastoma is a stage 4 brain tumor, known for its fast-growth and recurring properties. As her family caregiver, I learned about many topics that surface during the care of someone facing a life-threatening illness. This article covers the topic of grief and how preparing a living will helped with my grief. I hope that the lessons I learned will encourage you to create a living will.

Despite all of the good intentions early in life to prepare a living will, neither Lynne nor I had done so. After her initial brain surgery and recovery, we both prepared a living will and health care power of attorney. Preparing the living will to document Lynne's advanced directives enabled us to discuss Lynne's decisions regarding the end of her life. The health care power of attorney allowed me to represent Lynne when she could not make decisions herself. The discussions we had and documenting them for legal purposes helped me significantly during the final week of her life and the weeks following her death. Knowing that the decisions I made on Lynne's behalf were those that she desired lifted a heavy weight from my heart. The doubts that surfaced in my mind following her death eased slightly, as I knew I was following her desires.

The many discussions that Lynne and I shared about death and dying during her illness were paramount to my grief recovery. Family members, who openly communicate about death, tend fare better than families with less open communication (Black, as cited in Carmon, Western, Miller, Pearson, & Fowler, 2010). One reaction to grief is personal growth. This reaction seems most predominant in those that openly communicate about their grief. Other reactions to grief include such things as anger, blame, despair, and panic (Carmon, et al., 2010). The discussions between Lynne and me helped to reduce the uneasiness we held about the dying process. In the final months of her life, I began to sense Lynne's own internal preparation for that day. My selfish nature desired that she live but she showed signs of exhaustion from the three-year battle. As I reflect on those discussions, they are some of my most treasured and valuable memories.

It is impossible to prepare completely or anticipate all of the emotions and other concerns we face during a loss. I believe that preparing and anticipating the loss causes thinking and actions that help to minimize, if only slightly, the grief of the loss. Reminiscing and expressing emotions with family and friends provide effective coping tools after the death. For me and my hope for you is that the hopelessness turns into hope, and the grief turns into joy, as you learn to push forward and reflect on the positive memories and the legacy of the life that was lost.

References

Carmon, A. F., Western, K. J., Miller, A. N., Pearson, J. C., & Fowler, M. R. (2010). Grieving Those We've Lost: An Examination of Family Communication Patterns and Grief Reactions. Communication Research Reports, 27(3),

Suddenly a Caregiver Sharing a family's experience and lessons learned to help you through the unexpected responsibility of becoming a family caregiver. Available in eBook and Paperback
http://darrylpendergrass.com/books/suddencaregiver
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Sunday, October 26, 2014

Why You Should Integrate a Family Trust with Your Business



Utilizing a Revocable Living Trust can be an affordable way to ensure your business passes effectively to your family or loved ones upon your death.

Saturday, October 25, 2014

Advance Healthcare Directives - Be Sure to Write Your Living Will

With modern medical technology advancements, it is becoming more and more important to consider writing an advanced healthcare directive. There are several kinds of advanced healthcare directives. A living will is one form of an advanced healthcare directive. It is a document that specifies what you want done medically if you are no longer capable of making decisions for yourself. A medical power of attorney or healthcare proxy is another form that appoints a specific person to make decisions for you if you are incapacitated. It is advised that a person have both documents prepared and in place long before they will ever be needed.

With today's advancement in medical care many people are left confined to nursing homes. Many elderly are in a vegetative state, fed through feeding tubes while their bodies slowly die. The emotional and financial burden the families of these patients experience is overwhelming. Lives are prolonged but there is no real quality of life. An advanced directive can prevent this from happening to those you love.

The living will was first proposed by Luis Kutner in 1969. His purpose was to make sure the living were able to make their wishes known when they were no longer able to speak for themselves. The living will gives direction to medical professionals about what procedures a person wants and doesn't want. It can forbid the use of medical equipment used to sustain life or direct it be discontinued when it only prolongs death. It can be general or specific depending on the wishes of the person writing it.

Advanced directives should be regularly updated to make sure they cover current medical technology. As advancements are made, changes need to be made to reflect that advancement. A living will that is current is more likely to be acknowledged and followed.

It is advised that a living will be combined with a healthcare proxy to assure your wishes are followed. No document can fully cover all the circumstances that might occur. Having a person on the scene making immediate decisions is important. By designating a person in advance to make decisions, you can be reassured that no decisions are made that might conflict with your desires.

The comfort and peace of mind an advanced healthcare directive gives is invaluable. Knowing you will not be a burden to your family allows you to calmly live knowing any necessary medical decisions will be made by someone you trust.

Bryan Sims writes about various topics including health issues and product information for the online audience. Find information about the newest website at http://www.wallmountforlcdtv.net/ which helps people find super saver deals on Peerless TV mounts and more information about various types of wall mounts for televisions.
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Friday, October 24, 2014

Suspension, Termination and Conflicts Relating to Advance Directives and Powers of Attorney

Powers of attorney are commonly used instruments, but few people spend the time to really understand how they actually operate. This includes attorneys and lay persons. Depending on whether a power of attorney is considered durable, there are certain events, such as a principal's subsequent incapacity, which may limit, or restrain an agent from exercising his or her enumerated powers pursuant to the power of attorney instrument.

Let's take a look at just some of the events which can result in a suspension or termination of a power of attorney. Firstly, if a power of attorney is not durable, meaning it does not contain certain language referenced by law, the following events will terminate a power of attorney. 1) principal dies, 2) becomes incapacitated. Of course a subsequently executed "poa" that explicitly revokes all previous ones, will also result in its termination.

If a poa is durable, the scenario mentioned above is a little different. While the death of the principal still results in termination, subsequent incapacity of the principal could lead to a multitude of scenarios. If a petition to determine the incapacity of the principle is filed, the authorities granted in the power of attorney are suspended until the petition is dismissed or the court enters an order authorizing the agent to carry out powers granted to him. Certain powers, like the authority to make health care decisions for the principal, remain effective until the Court orders otherwise.

In emergency situations, if the agent feels he needs to act on the principal's behalf the agent may ask or "petition" the court to allow him to use powers which are otherwise suspended, after a petition to determine incapacity has been filed.

Other issues arise when powers of attorney conflict with advance directives which the principal may have executed and which may have given different individuals authority to act on his or her behalf. These disputes sometimes involve family members, who have different opinions on what is best for the principal. The law provides that if an advance directive and a poa conflict, the advance directive controls, unless a poa is later executed, and expressly states otherwise.

While do-it your self forms for powers of attorney and other documents such as a living will and advance directive are easily obtainable, understanding how these instruments interact and often conflict, requires a little bit of patience, and in many instances some attorney advice.
If you would like additional information on this topic or other legal issues, feel free to visit http://Schneiderlawfirmpa.com.
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Thursday, October 23, 2014

What Is An Executor Of An Estate



You can start planning your estate at any time. Typically, though, most people don't begin to draft their Will, or establish a trust to hold property, until the "big" things in life happen -- like getting married, buying a home, having children, or starting a business.

Wednesday, October 22, 2014

Probate and Administrative Process, Know Your Rights

Probate is the system in which the court's system's method of processing the estates of a dead person. It is a legal document that enables the administration of the estate of the deceased. It allows for the resolving of claims and distribution of the deceased's will. Any grievances surrounding a deceased person's estate are filed in the probate court also known as the surrogate court. Once probated, the will becomes a legal instrument that can be enforced by the executor.

Administration process

Administration process of an estate on the other hand is the process by which the deceased person's assets are collected, maintained and distributed. An estate administrator sees to the proper administration of the will.

The Probate process

The probate process begins after the death of a person. An interested person files an application to administer the estate; a fiduciary is then appointed who is to administer the estate and at times may be required to pay a bond to safeguard and to insure the estate. Creditors are notified and legal notices published. There may be filed a petition to appoint a personal representative may need to be filed and letters of administration obtained. All these processes must be done in accordance with the limitation clause.

Property that avoids probate

Property that passes to another person contractually upon the death of a person does not enter probate for example a jointly owned property with rights of survivorship. Property held in a revocable or irrevocable trust that was created when the grantor's was still alive does not also enter probate. In most of these cases the property is distributed privately and without many issues thus no court action is required.

What happens in the probate and administrative process?

After a probate case has been filed in court, an inventory is entered and the deceased's property collected. The debts and taxes are paid first then the remaining property distributed to the beneficiaries. The probate and administrative process may be challenged at any time as a whole or part of it. The issues that arise during such hearings include will contests and paternity issues and these have to be solved before the matter is decided.

The need for the appointment of an administrator arises where the deceased left no will, some assets are not disposed of by the will, in cases where there is a will however, the case goes to probate directly. The estate administrators act like will executors but where the will does not state how to distribute of property, they follow the laid down laws.

Visit the Law Offices Roman Aminov Brooklyn to learn more on Probate Attorney Brooklyn law processes.
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Tuesday, October 21, 2014

QDRO Forms to Divide Pension Benefits in Divorce - "Shared Interest" Or "Separate Interest" Approach

Many people facing the prospect of divorce are surprised to learn that pension benefits accrued during the course of a marriage are considered marital property (or, in some states such as California, community property) that is divided between the spouses upon divorce. A pension plan falls under the category of retirement plans known as defined benefit plans. These types of retirement plans generally provide that upon retirement, the participant (employee) is entitled to a monthly annuity that is payable over his or her lifetime.

Because of certain provisions contained a Federal law known as the Employment Retirement Security Act, a divorce judgment or matrimonial settlement agreement, standing alone, is not a legally sufficient mechanism for dividing a pension plan. It is essential that a further order, known as a qualified domestic relations order (QDRO) be entered by the court and approved by the pension plan administrator.

In situations where the participant spouse is not yet retired, the QDRO form can utilize two different methods for dividing pension benefits. These include the "shared interest approach" and "separate interest approach."

If a QDRO form uses the Shared Interest Approach, payments to the Alternate Payee cannot begin until the Participant chooses to retire and begins to receive a retirement allowance. Furthermore, payments to the Alternate Payee must end upon the Participant's death unless the Alternate Payee was designated in the QDRO as the surviving spouse of the Participant for the purpose of electing a Qualified Joint and Survivor Annuity and such election was elected by the Participant at the time of the Participant's retirement.

If a QDRO form applies the Separate Interest Approach, a "separate interest" is carved out for the Alternate Payee and adjusted to his or her actuarial life expectancy. In addition, the Alternate Payee controls the timing and manner of his or her receipt of the benefit payments. The Alternate Payee can commence receiving benefits at the Participant's earliest retirement date, rather than wait for the Participant to begin to receive a retirement allowance.

In most instances, it is highly beneficial for the non-participant spouse that the QDRO form utilize a separate interest approach. Sample QDRO forms are available for download. Upon completion of a proposed QDRO form, the document must be submitted to the pension plan administrator for approval, and, thereafter, to the divorce court adjudicating the matter.

QDRO forms using both the Shared Interest Approach and Separate Interest Approach are available for download from www.qdropedia.com Marc A. Rapaport is a divorce attorney with 15 years of experience, and he regularly appears in the national media, including NBC News, the National Law Journal, New York Magazine, New York Law Journal, and more. Mr. Rapaport is the founder of http://www.QDROpedia.com, an online provider of QDRO forms and information for dividing pensions, 401k's and other retirement assets in divorce matters.
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