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A Unique Experience Awaits

by with No Comment Systems & Processes

As the CEO of Life Care Funding, I find myself at many conferences, seminars and retreats across the country. I am often addressing gatherings of long-term care industry professionals who operate assisted living communities, homecare companies, and nursing homes, as well as insurance agents, financial advisors and elder law/estate planning attorneys.  I have had the honor to speak before the Assisted Living Federation of America (ALFA), the American Health Care Association (AHCA), the American Association of Long Term Care Insurers (AALTCI), and the National Association of Elder Law Attorneys (NAELA), among many others. 

LCF LogoBut my experience of attending the most recent symposium and retreat for Lawyers with Purpose in St. Louis was unique.  I was not prepared for how different this event was from other meetings.  The team that hosted the meeting and runs Lawyers with Purpose was incredibly enthusiastic and dedicated to making sure all the participants were getting real value and education for their time. The attendees were obviously there to work and to bring valuable tools and insights back to their firms.  My impression was that this was more like a family, all working together to help each other succeed. In fact, if you were looking to attend a junket, this would not be the meeting for you. I have been on more than one vacation disguised as a conference.  This was the opposite — this group rolls up their sleeves, works hard, and goes home with tools and strategies to excel as attorneys working with seniors and their families on one of the most difficult challenges of their lives.

But it isn’t all work and no play – there was plenty of fun and time to network and socialize as well.  Life Care Funding was the Platinum Sponsor of the meeting, and it was our pleasure to host the welcoming cocktail reception.  The food and drinks were great, and we had a ton of fun with our drawing to give away four twin lobster dinners that will be flown to the lucky winners straight from the docks of Maine! 

We can’t wait to return to the next meeting as a Platinum Sponsor again this fall in Phoenix —and to give away some more lobster dinners.  Life Care Funding is truly looking forward to working with Lawyers with Purpose and all the member law firms to assist families looking for innovative solutions to how they will pay for the expensive costs of long-term care.

Chris Orestis, CEO of Life Care Funding, is an 18-year veteran of both the insurance and long-term care industries.  A former Washington DC lobbyist, he is a nationally known senior care advocate and author of the Amazon best-selling book “Help on the Way,” and is a legislative expert, featured speaker, columnist and contributor to a number of insurance and long-term care industry publications.  Chris is a frequent guest on national radio programs discussing senior issues, and has also been featured in the Wall Street Journal, New York Times, USA Today, Kiplinger’s, Fox Business News, and on PBS.

His blog on senior living issues can be found at www.lifecarefunding.com. He can be reached at 888-670-7773 x 6623 or corestis@lifecarefunding.com.

Founded in 2007, Life Care Funding pioneered the concept of converting a life insurance policy into a Long Term Care Benefit Plan.  Since the company’s inception, it has built a national network of agents, attorneys, and advisors, as well as over 5,000 Homecare, Assisted Living and Nursing Home companies that offer the Long Term Care Benefit policy conversion option to families directly across the United States. 

If you're interested in becoming a sponsor at our next event contact Roslyn Drotar at rdrotar@lawyerswithpurpose.com or 877-299-0326 x 105.  You don't want to miss this unique opportunity to market and brand your business in the estate and elder law arena!

 

 

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A New Tool for VA Benefits Planning

by with No Comment Asset ProtectionLegal Technical

Amid all the rumblings of the Veterans Administration proposing to make it harder to qualify for the wartime pension, there is a secret weapon that shouldn’t be affected by the changes. Life Care Funding is an emerging concept wherein a person owns a life insurance policy and sells it to pay for health care.  The traditional model, life settlements, paid a person who had a terminal illness a nominal sum to do whatever they needed or wanted to do with the funds.  The new concept, Life Care Funding, is different. 

Bigstock-Construction-tools-Home-and-h-49662539With Life Care Funding, life insurance owners do not need to have a terminal illness. However, they must need immediate assistance with activities of daily living or regular supervision due to cognitive decline. These are the same standards as when a person makes a claim against traditional long-term care insurance.  Another difference is that, once the policy owner sells the policy to create the life care fund, the proceeds are set up in an irrevocable custodial account that can only be distributed to third-party caregivers. A certain percentage is also allocated toward burial, cremation and funeral expenses.  The custodial beneficiary (prior policy owner) directs to whom and how much of the life care fund is paid each month. The payment structure is flexible and can change with the changing circumstances of the patient in need.

How does this help with VA benefits planning? 

Qualification for the wartime pension with aid and attendance is dependent on having low assets and low income. The cash value of any life insurance policy counts against the net worth standard to qualify for the wartime pension. Once the policy has been converted to a life care fund, the insured is no longer the owner of the policy; the policy was sold for fair market value, and the funds are placed into an irrevocable custodial account that cannot be converted to cash and wherein the claimant has no access and virtually no direct control over the assets.  Thus, as a life insurance policy, it harms VA eligibility, but as a life care fund, it should be exempt. 

A complete 19 page legal analysis of why life care funds should be exempt under the current laws and the new proposed laws will be presented on August 5, 2015 at 4 p.m. Eastern time.  Click here to register for the webinar, “A New Tool for VA Benefits Planning? Legal Analysis of Life Care Funding and the VA Pension Benefits Laws.” 

Victoria L. Collier, Co-Founder, Lawyers with Purpose, LLC, www.LawyersWithPurpose.com; Certified Elder Law Attorney through the National Elder Law Foundation; Fellow of the National Academy of Elder Law Attorneys; Founder and  Managing  Attorney of The Elder & Disability Law Firm of Victoria L. Collier, PC, www.ElderLawGeorgia.com; Co-Founder of Veterans Advocates Group of America; Entrepreneur; Author; and nationally renowned Presenter.  

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Actionstep: Boost Productivity, Streamline Workflow & Grow Your Revenue – TOMORROW!

by with One Comment Estate Planning Drafting SoftwareSystems & Processes

Are you using so-called “Practice Management” Software in your law firm that seems to do everything BUT that?

Does this internal chaos leave you at the mercy of your staff?  Is everyone in your office constantly “doing their own thing” and handing files “their own way,” that would make it almost impossible for you to keep all the balls in the air and service clients if they suddenly quit, or got hit by a bus?

Bigstock-time-for-change-67475953Worse… are you sick and tired of:

…legal work falling through the cracks?

…constant interruptions from staff members who can’t figure out what to do next on client matters?

…piecemealing software and tech platforms together to meet your needs?

…wearing way too many hats in your law firm?

IF SO, we’d like to invite you to take a FREE demo of Actionstep– a fully automated and secure cloud-based practice management system that provides a complete snapshot of any client, anytime, anywhere for you and your team.

On July 29th at 2 EST, Dave Zumpano Esq., Co-Founder of Lawyers With Purpose, will host a live demonstration of this unique software that is unlike anything currently available in the estate or elder law industry. 

Actionstep handles every aspect of your practice—from marketing, to engaging clients, to practice management, staff workflows and client communications.  All in one place, accessible from EVERYWHERE via the cloud.

Dave will also share on this webinar how he is personally utilizing Actionstep in his New York law firm.  This is the first time non-members can get a look into the “backend” of his practice and his strategies for effortlessly boosting productivity and revenue goals for the firm!

To sign up for the webinar, simply CLICK HERE NOW TO RESERVE YOUR SPACE.  Webinar space is limited!

Can’t make the webinar?  Simply send an email to me at mhall@lawyerswithpurpose.com to set up a private demo!  We are happy to give you a tour.

In your corner,

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

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Christmas in July: Creating Excitement for Your Clients

by with One Comment Legal MarketingSystems & Processes

As of July 1, there were 176 days until Christmas. The countdown has begun.  Children are adding new toys to their wish lists. Parents have started looking for deals.  Business owners are looking for new ways to appeal to customers.

Lawyers can learn a lot from the marketing practices of retail stores, which have had to make significant adjustments to compete with online shopping. What are some retail marketing lessons and strategies that estate planning and elder care lawyers can implement to maximize the end-of-year excitement?

Bigstock-Smiling-Sandy-Snowman-In-Red-S-72707647Without a doubt, people love getting a “good deal.”  Here are three ideas to try:

  1. Buy one, get one free.  A solid classic. For lawyers, offer to provide a “mirror” estate plan to a spouse for free when one spouse engages you to draft an estate plan.
  2. Black Friday frenzy.  For an immediate influx of cash, create deals too good to be true and limit the time of the offer. For example, offer a Revocable Living Trust plan for the price of a Will-based plan (essentially the trust is free), but only if clients schedule an appointment by a certain date, or only if they call on a certain Friday to schedule the appointment (for a later date). 
  3. Cyber Monday.  Provide special pricing for clients who find you through your website or who schedule an appointment directly from your website.           

Success through Exposure.  Retails stores spend extraordinary amounts on advertising to get the word out about their sales. You will need to do the same. It is not enough to provide discounts; the public needs to know they exist. Include the special rates and dates in your newsletter. Mail out sales flyers to your referral sources. Send your current client base a pre-season holiday letter – encouraging them to give the gift of an estate plan to their children.  Add a “pop-up” on your website about the Cyber Monday deals. Budget extra money for the additional print and postage investment.

The “big boys” have been planning their holiday season marketing strategies all year, rolling them out beginning in July.  You are or can be one of the top dogs in your area. But, you must begin before the others and offer outrageous deals that other lawyers are not willing to do. This will get you noticed and get you clients. Embrace the energy and spirit of the holidays, plan early and enjoy the profits. 

Have you heard about the Lawyers With Purpose/Actionstep automated law firm CRM database workflow system for estate and elder law attorneys designed to free up your time and get the work out the door quickly and easily?  If not – and you want to see it live, join us for a demo on Wednesday, July 29th at 2:00 EST. Click here to register and reserve your spot.  Space is limited to register now!

Victoria L. Collier, Certified Elder Law Attorney; Entrepreneur; Author; Speaker; Co-Owner, Lawyers with Purpose, LLC; Founder, The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder, Veterans Advocate Group of America.

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Considering a Vacation? Consider This!

by with No Comment Coaching & ImplementationEstate Planning Drafting SoftwareSystems & Processes

No one is more excited about going on vacation than you.  Yet no one has more angst about taking time away from the office than you.  With proper planning, you can eliminate the stomach ulcers and last-minute marathon sprints to get everything done before you leave. Isn’t that what we tell our clients? “With proper planning….”

Bigstock-Happy-couple-on-the-beach-of-s-49742783This year has been the year of vacations for me.  In February, my family took its first winter break to go skiing. My children are five years old and I figured it was the best age to introduce them to the sport.  In April, we went to Arizona to enjoy the desert.  Then, in June, we went to the beach for a week.  That made three one-week vacations within six months. Last January, I was paralyzed at the thought of being gone so much.  How would the office make money in my absence? How would the work get done?

Knowing this was coming, I made three necessary changes to the structure of my office. 

  1. In December, I hired a full-time marketing associate.  With the financial goals the team set, it was imperative that the firm extend its efforts to get our name out there and have a greater presence in the community. 
  2. To help manage the increased workflow, whether I was in the office or on vacation, in December I also added an “of counsel” attorney who works in the office two days a week, meeting new clients and participating in all document signing appointments. That allows my office to accept more appointments and gives me an entire day to work on client files, since I am no longer doing the signings.  More importantly, when I am out of town, we are still making money because the attorney is meeting new clients while I am gone.
  3. In March, I promoted my government assistant paralegal to “manager” and hired another full-time paralegal.  The manager now supervises two government assistance paralegals, is the first-line review authority for all of their work, and prepares the first draft of any VA or Medicaid appeals. This automatically shifted my role into reviewing, not doing, and dramatically reduced my time working on files.

To accommodate the workflow, I hired additional team members.  Yes, overhead expenses have definitely increased. However, I never add a staff person unless the addition either makes the firm more money or creates more free time for me, or both.  When it does that, it is an investment, not an expense. 

What do you want more of – time or money? What kind of changes to your structure are you willing to make to achieve what you want?

To maximize productivity, we all need to take a vacation to rejuvenate.  Don’t skip it, just plan for it.  If you want to learn more about how Lawyers With Purpose can help you grown your practice and your revenue, join our Having The Time To Have It All webinar on Thursday, July 23rd at 2 EST.  Register now and reserve your spot today!

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation, Author of 47 Secret Veterans Benefits for Seniors, Author of Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit, Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC, Co-Founder of Lawyers With Purpose, Co-Founder of Veterans Advocate Group of America.     

 

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The Wisdom of Never Giving Assets to the Kids

by with 2 Comments Asset ProtectionEstate Planning Drafting SoftwareLegal Technical

Invariably, in every workshop I have presented to clients over the last 10 years, I've been asked the question, “When should I give my house (or other assets) to the kids?”  My answer is quick, swift and with a smile: “Never. In fact, you never want to give anything to anyone you love.” 

Bigstock-Illuminated-light-bulb-in-a-ro-85128830That usually gets their attention and draws a frown – until I explain.  Giving assets to your children defeats the very thing the client is often attempting to accomplish. When I ask why they want to give their assets to the kids, the response 99 percent of the time is that they want to protect the assets.  I respond, so the way you protect your assets from your creditors and predators is to give it to your kids so those assets are subject to all their creditors and predators?  Who has more creditors and predators, you or your kids?  And then I get the blank stare. 

The key element when doing asset protection planning from general creditors and predators, or for Medicaid eligibility and long-term care, is to be properly informed of the options available.  Not only can transfers in assets to the kids subject your assets to risk by the kids' bankruptcy, divorce, lawsuits, and even your child's death, but it could have adverse income tax consequences.

Transfers to children are at a “carry over” tax basis to them; that is, they inherit the asset at what you paid for it.  This could be extremely detrimental in the case of highly appreciated assets.  In fact, it creates an income tax on sale that would not otherwise have been due, had the client held it to death and then transferred it to the children.  The key point is to know how to get the best of both worlds.

That's where the IPUG™ protection trust is so essential.  The Irrevocable Pure Grantor Trust™ allows the grantor to be the trustee, to benefit from the trust (to the extent they so desire while understanding the impact) and to be able to change their beneficiaries or any other provisions they desire.  This is very empowering to clients who traditionally believe once you create an irrevocable trust, you can't change it, you can't benefit from it, and you can't control it. 

In fact, you can do all three; it's just in how you do it.  The core distinction in an IPUG™ trust is that you must give up only what you want to protect.  For example, if you want to protect your assets, you must give up, forever, the right to own those assets.  But you do not have to give up the right to control those assets, manage those assets or even get the beneficial interest and use of those assets!  The most common way grantors benefit from their assets that they no longer can reach is by living in the house they have transferred to an IPUG trust, or by continuing to maintain receipt of the income and dividends from any cash investments or brokerage accounts in which they have put inside the IPUG™. Most people realize they don't really need the assets; they just need the income produced from them and want to maintain control. 

For those who do need access to their assets, they are not candidates for the use of the IPUG™, or any other protection trust. They would use a typical revocable living trust, which accomplishes their estate planning needs and can provide asset protection after death.  That's why you never want to give the money to the kids after you die either.  One of the greatest advantages seniors have is, after death, the ability to transfer their assets to their children in a trust that the children can control and benefit from any time they want – but creditors or predators can never invade those assets, for the life of the child!  This includes the government, lawsuits, divorces, bankruptcies, and even nursing homes. 

The money is flat-out safe. 

Why would anyone give anything to anyone they love when they can give it to an IPUG trust that protects it for them while they're alive and for their children for their lifetimes after they're gone. 

If you aren't a member of Lawyers With Purpose and want to know more about what we have to offer (which is tons of technical legal support) for your estate or elder law practice, register for our Having The Time To Have It All webinar on Thursday, July 23rd at 2 EST.  Reserve your spot today to learn more about creating the practice of your dreams.

David J. Zumpano, Esq, CPA, Co-founder Lawyers With Purpose, Founder and Senior Partner of Estate Planning Law Center

 

 

 

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When the Law Firm Makes Mistakes on VA Claims

by with No Comment Estate Planning Drafting SoftwareLegal TechnicalVA

I wish I could claim that I don’t make mistakes. I pride myself on my precision and attention to detail, so when I do make a mistake it pains me personally as well as professionally. However, mistakes do occur, especially when you are dealing with the amount of numerical data that your team does from identification numbers, dates, money figures, and account numbers, just to name a few.

I have experienced more than once the sinking feeling in my gut when I realize that I have committed an error. On two occasions, deadlines to file VA correspondence had passed – one was for filing an appeal and the other was for filing an initial application a month after the client expected us to.  In each case, it cost the client money, which meant that it cost the firm money.

Dwelling on the mistake will only make it worse.  After having realized that you made a mistake, what do you do next? Take these five steps!

  1. Bigstock-Erasing-Obstacle-49444895Devise a solution(s)
  2. Inform the attorney/supervisor
  3. Inform the client
  4. Implement the solution
  5. Learn from the mistake

Devise a Solution

For some, the first instinct may be to try to fix or cover up the mistake.  Let’s hope that is not you. The second inclination may be to rush directly to the attorney and confess. While there may be some situations when you should notify others in the firm immediately – for example, you neglected a deadline that is now four hours away – in most cases you should try to devise solutions to manage or overcome the error.  If you cannot personally discern a viable solution, then at the very least pull pertinent documentation or regulations to present to the attorney when sharing the problem.  Be aware that with some errors, there may be no solution other than to apologize and make it right with the client.

Inform the Attorney

After coming up with a solution or supportive documentation, it is a priority to inform the attorney or your supervisor. This is a difficult conversation to have.  For guidance on how to initiate such a conversation, refer to another Lawyers with Purpose blog post, “A Tough Conversation”. Although this is not an easy conversation to have, it is crucial to remain as professional as possible and to focus on resolution. There will be plenty of time to cry about it at home, if necessary. It is important that the attorney knows that you take such occurrences as seriously as he/she does and that you are committed to making things right.  The attorney may be livid at the situation, which can appear to be directed at you.  The anger or frustration should be minimized if you come prepared with solutions.

Inform the Client

After the attorney has been able to problem solve, before taking any action, the client must be informed about the problem and any possible solutions or consequences.  Depending on the type of error, the communication can be by email (i.e. we misspelled your father’s name on the VA application, we will send in a statement in support of claim to correct it); by phone (i.e. we didn’t file the application as soon as we told you we should, but we are filing it now); or by written correspondence in the mail (i.e. the appeal was due last week but we missed the deadline, so these are your options). 

Implement the Solution

After the client has had an opportunity to respond, the next step is to implement the solution or action plan that was approved by the attorney and the client.  Whatever the solution may be, act purposefully and diligently to implement it.  You can tell a lot about a person’s character by the way they handle their mistakes.

Learn from the Mistake

Finally, you must LEARN from your mistakes.  You may receive a note in your personnel file or even a reprimand.  You may feel unfairly punished.  Taking it personally will only paralyze you from moving forward.  Be proactive and analyze why the mistake happened. Were your systems or processes not followed?  Are there systems and processes that need to be added?  Was someone not held accountable when they should have been? By determining why the mistake occurred, you can then proceed to figure out how not to repeat it. If you don’t take this final step, then you just made a bigger mistake than the one that started you down this path.

If you aren't a member and want to learn more about how Lawyers With Purpose can help you grow your existing estate or elder law practice into the practice of your dreams, join us on July 23rd for our Having The Time To Have It All webinar at 2 EST. Space is limited so make sure you mark your calendar and grab your spot today!

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and VA Production Coordinator for Lawyers With Purpose.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose. 

Jackie Bedard

Congratulations To Jackie Bedard, LWP Member Of The Month

by with No Comment Estate Planning Drafting SoftwareSystems & Processes

What is the greatest success you've had since joining LWP? 

Building a great team that's committed to our goals.

Jackie BedardWhat is your favorite LWP tool?

Moving to the cloud-based Actionstep system last year has made it so much easier to work from home and/or check in on things when I'm traveling.  I can even log in during an RMS meeting if I want to check a particular client's status if the advisor asks.

How has being part of LWP impacted your team and your practice?  

The LWP tools allow us to operate efficiently and in an organized manner.  Our clients and referral sources regularly compliment us on our organization and thoroughness.

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Welcome Kimberly Brannon, LWP Legal-Technical Trainer

by with No Comment Estate Planning Drafting SoftwareLegal Technical

Lawyers With Purpose is pleased to announce that Kimberly Brannon has joined us as full time Legal-Technical Trainer. 

Kimberly brings 11 years of experience in the practice of law in estate planning and elder law, and 5 years of experience running her own practice.  She graduated from the University of Georgia with a BA in Political Science in 1998 and received her law degree from University of Alabama in 2004.    

Headshot1Her role at Lawyers With Purpose is to assist members and their law firms with legal training and software support.  Kimberly is an Ambassador for the National Alzheimer’s Association.  In her advocacy for the Alzheimer’s Association, she has raised enough funds for research to be named a Champion for Alzheimer’s 3 times, and was proud to be a part of lobbying Congress to unanimously vote the Hope for Alzheimer’s Act into law. 

You can reach Kimberly for all your technical legal and software support needs at kbrannon@lawyerswithpurpose.com or by calling her directly at 877-299-0326 x 108.

Welcome Kimberly!

Roslyn Drotar, Online Marketing Strategist – Lawyers With Purpose

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What Is Your Independence Day?

by with No Comment Estate Planning Drafting SoftwareSystems & Processes

On July 4, 1776, the Declaration of Independence was signed separating the original 13 colonies from Great Britain.  It took an act of Congress and a committee of five to declare independence. The American Revolution precipitated and followed the signing, showing that people were willing to die for their independence. From the outset, Americans have celebrated July 4th with parades, fireworks, barbeques, picnics and the like.

Bigstock-Fireworks-background-for-th-o-91509572What freedoms are you fighting for?

Financial freedom?

Freedom from being tied to the desk at work?

Freedom from suppression of thought, creativity, or expression?

We allow so many things to hold us back from our own personal freedoms. Fear. Relationships. Money.

1n 1994, acclaimed country artist Martina McBride released “Independence Day”, written by Gretchen Peters, about an abusive husband and his wife who set their house on fire and “lit up the sky that Fourth of July.”

“Let freedom ring, let the white dove sing
Let the whole world know that today
is a day of reckoning.
Let the weak be strong, let the right be wrong
Roll the stone away, let the guilty pay
it's Independence Day.”

The wife had clearly had enough of the status quo and was ready for a change. Our forefathers had also had enough of the status quo and were ready for a change.

Are you tired of the status quo?  Ready for a change?

Let this July 4th be your Declaration of Independence. Decide what you want and what you are willing to fight for to achieve. Enlist your army to help you in your own personal revolution.

Members of Lawyers with Purpose break barriers and create freedom in their lives every day.  The LWP community encourages and supports freedom.  We celebrate independence and freedom together at our Tri-Annual Practice Enhancement Retreats.   

If you want true independence and freedom, join the Lawyers with Purpose community.  We are patriots paving the way for a better future.  To learn more about what this means and who we are are a community, join our Having The Time To Have It All webinar on July 23rd at 2 EST.  But register today as space is limited.

Victoria L. Collier, Veteran of the United States Air Force, 1989-1995 and United States Army Reserves, 2001-2004.  Victoria is a Certified Elder Law Attorney through the National Elder Law Foundation; Author of “47 Secret Veterans Benefits for Seniors”; Author of “Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit”; Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC; and Co-Founder of Lawyers with Purpose, www.LawyerswithPurpose.com.