• July 10, 2012 /  Basics

    Trust through AccountabilityI’ve changed my tagline from Trust and Service to Trust Through Accountability. The thought process behind this is I am seeing everyone running around with Trust as part of their titles or assumed as part of the profession. You trust me because, well, because I have the title or I am a nice person. I want to establish that I don’t want your blanket trust, I want you to trust me because there is an objective reason to do so and accountability is that objective reason.

    This thought came to me because of an article I read about money missing from trusts. You can read it too: http://www.mercurynews.com/trust/ci_21031651/fbi-probes-17-million-missing-from-santa-clara

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  • November 22, 2011 /  End of Life Issues

    have a healthy healthcare directiveDenny Welch is one of the attorneys I work with and actually, he is the very first one I worked with.  His website for more information is after the article. This is not meant to be technical but to get you to think about end of life issues.  

    The trust is just the tip of the iceberg. Equally as important, in my opinion, is the power of attorney for health care, better known as the Advance Healthcare Directive.

    My wife has been an oncology nurse for a long time. We’ve been married for a long time, and we talk. I get the image of the family in the hospital corridor when the doctor walks out of the patient room. “Well, folks, there’s nothing else we can do. What do you want us to do?” It’s like the deer being caught in the headlight. Nobody knows what to do, because they’ve never talked about it. Even if they did, no one has the legal authority to make a decision because there’s nothing in writing.

    The Advance Healthcare Directive allows you to make a decision today on what you want done if you were that person in the hospital bed. You can make that decision today while you are still in good health and have a clear mind and a clear purpose on what’s best for you.  By making that choice today, you are taking the onus away from your loved ones on what you want done.  Your desires can be as specific as you want.

    Most of us feel that “when my time’s up, my time’s up. ” If all the quality of life indicators are gone, and to a medical certainty they aren’t going to come back, then, under those circumstances, “keep me comfortable and keep me pain free, but don’t keep me alive just because science says you can.” But no one would know that, or have the authority to act, if you hadn’t gotten your ducks in a row.
    __________
    Donald D. Welch  is an Estate Planning Attorney servicing the Northern California region. To find out more about Estate Planning, please visit www.dennywelch.com.

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  • September 6, 2011 /  Miscelleaneous

    Placer County’s finest wineries, microbreweries, saki, cuisines, chocolates, live music, raffle, silent auction. FWBF advertisment 2011

    The Fall Wine & Brew Fest is a fundraising event that supports the vital senior services and programs provided to Placer County seniors, helping them to remain independent and in their home for as long as possible.

    • WHEN: Saturday November 5, 2011
    • TIME: 5:00 p.m. – 9:00 p.m.
    • WHERE: Ridge Golf Club and Events Center, 2020 Golf Course Rd, Auburn, CA

    Buy tickets online here.

    FWBF Flyer 2011

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  • June 27, 2011 /  Resources

    dementia alzheimersAlzheimer’s is a subject Laura Wayman knows well. I have had the pleasure of sitting in her seminars and learning about dementia. As California Licensed Professional Fiduciary, I come in contact with clients who are in various stages of dementia and Laura’s classes and book have helped me identify what might be dementia so I can get help for them. I am not an expert just because I have listened to her and read her book (A Loving Approach to Dementia Care) but I have come away with tools that help me in communicating with my clients and it’s those tools that have made my life less stressful and allow me a richer relationship with my clients.

    Here a couple of quotes from her work:

    “When someone is acting in ways that don’t make sense, we tend to want to carefully explain the situation from our “normal perspective”, calling on his or her sense of appropriateness to achieve more “normal behavior” and compliance. However, dementia-challenged adults are no longer able to access the “boss function” in their brain any longer, so they cannot respond as they did before dementia to discussions, arguments, or customary communication approaches,
    no matter how much our reasoning seems like straightforward common sense to us. This simple motto applies well to communication with a person with any form of dementia; “Only tell them what they can handle, and as the dementia progresses, they can handle less and less.”

    https://www.dementiawhisperers.com/

    sited June 23, 2011

    “…do not argue with a confused person. Arguing may only escalate and fan the fires of anger, anxiety, paranoia, and fear. If you cannot win the battle, change the war No matter how outlandish the claim or accusation, listen and proceed as though you believe everything the person with dementia is saying. Plan to take action that will give the person with dementia is saying. Plan to take action that will give the person a sense of relief To her, the most frustrating response is for you to argue or try to convince her that the satiation is not real.

    Imagine what it would be like if you thought you were being followed home by a strange car one evening, thought you had been receiving odd or threatening phone calls, or thought you saw someone hiding outside your bedroom window. Now imagine that you shared your fears with your family and friends, and that even though you were genuinely scared, they calmly dismissed your anxiety as foolishness. How would this make you feel?”

    A Loving Approach to Dementia Care, Making Meaningful connections with the Person Who Has Alzheimer’s Disease or Other Dementia or Memory Loss – Laura Wayman, The John Hopkins University Press, 2011 Pg. 54

    Link: https://www.dementiawhisperers.com/

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  • June 13, 2011 /  Basics

    special needs trustA special needs trust is set up for one of two reasons:

    1. Court ordered on behalf of a person so someone independent can manage funds either up to a certain age or permanently.

    2. Guardians, i.e. parents of a special needs person, sets it up so the special needs person can receive public benefits and still have other expenses cared for. Someone else manages the cash to pay for other expenses not covered by public benefits. Public benefits covers food and shelter and the trust can pay for clothing, furniture, car, gasoline, insurance, etc.

    If there is a pool of money, the fiduciary must invest it wisely to get a return for the client according to the Uniform Prudent Investors Act in the California Probate Code. Other income must also be managed appropriately.

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  • June 13, 2011 /  Basics

    living trustsThere are various types of living trusts, including revocable and irrevocable.

    Revocable

    The Trustor is alive but has resigned as Trustee for a variety of reasons. A fiduciary is asked to be Successor Trustee. This Trust is revocable and the Trustor is still alive and has capacity, the ability to make decisions. Though the Trustor may not make financial decisions, he or she may still make medical decisions. The fiduciary handles financial aspects such as figuring out bills, income, and managing the finances. The fiduciary may be removed at any time from this position by the Trustor.

    The fiduciary can manage a wide variety of things including overseeing property and investments. Much like a CEO oversees a company, the fiduciary oversees things and may hire a property management company to handle overseeing the property. The fiduciary also looks for investors that match the goals he’s trying to reach with the Trustor’s investments.

    On the medical side, if the Trustor loses capacity and the fiduciary was appointed with Health Powers of Attorney, the fiduciary works with nurses and medical professionals to develop a care plan for the client. Over time the plan may change as the Trustor’s health changes. That may change the financial plan as well if additional funds are needed to cover medical costs.

    Irrevocable

    There are several types of Irrevocable Trusts. The trust is generally frozen and no changes can be made unless ordered by the court. The Trustee acts according to the terms of the Trust and California Probate Code.

    The fiduciary is a professional designed to have time to care for all these needs. He or she is dedicated wholeheartedly to taking care of people and their estates. Family members can rest easier knowing these needs are being taken care of without their having to take time off from work and it taking a toll on their busy lives and schedule to care for all of this and any expenses incurred.

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  • May 24, 2011 /  Basics

    Sue’s comments: I’ve known Michael for several years now and have always found him to be an ethical person to work with and a fun person to be around. I got Michael on the telephone and asked him to tell me a little bit about working with his clients. What you find below is what I wrote based on that conversation.

    There are many reasons a person may choose a fiduciary to handle their estate and financial matters. There can be issues, both real and perceived, in having a family member or friend handle these matters but appointing a fiduciary like Michael alleviates any appearance of a family member or friend taking advantage. Michael helps you maintain those friendships and family relations so there are no feelings of mistrust or misuse of funds.

    A client may have financial issues such as outstanding debts to deal with. Michael can help that client put their life back together by putting together a plan to deal with those debts as well as a plan to work together on a regular basis to manage the bills.

    Michael’s goal is to keep a person as independent as possible for as long as possible. He can help promote peace and avoid the wars so often heard of in families when it comes to money matters. There’s no need for ‘sides’ or ‘war’ to gain control when a third party handles those matters.

    Let Michael remove your additional burden in your time of grief. He keeps everyone informed and helps alleviate misunderstandings and mistrust. He removes causes of dissension. He engenders trust, answers your questions, handles the matters you don’t have time for or aren’t in a position to handle because you are out-of-state.

    Benefits of Working with Storz Fiduciary:

    • Maintain friendships and family relations
    • Put your life back together
    • Put together a financial plan
    • Remain independent
    • Promote peace
    • Remove burdens
    • Stay informed
    • Alleviate misunderstandings
    • Remove causes of dissension
    • Engender trust

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