Your Legal Hour – January 20, 2014

Welcome to Your Legal Hour!

This week’s topic is Boost Your Closing Rate with the Vision Clarifier.

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

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Your Legal Hour – January 13, 2014

Welcome to Your Legal Hour!

This week’s topic is Who Should Consider Medicaid Planning? Relevant Law vs. Plan Design.

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

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Your Legal Hour – January 6, 2014

Welcome to Your Legal Hour!

This week's topic is Medicaid Planning – Crisis vs. Pre-Planning.

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

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Financial Abuse Of Elders: The Crime Of The 21st Century (Part 5)

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Reporting of Elder Financial Abuse

The National Center on Elder Abuse, under the auspices of the Administration on Aging, in summarizing a series of research studies on the incidence and prevalence of elder abuse and neglect (of all types), concluded that while data from state Adult Protective Services agencies shows an increase in the reporting of elder abuse, an overwhelming number of cases go undetected, unreported, and untreated each year. One such study estimated that only one of every 14 cases of elder abuse ever comes to the attention of the authorities. Another study found that for every case of elder abuse referred to social service, law enforcement, or legal authorities, 24 cases were not so referred.

Why is elder financial abuse so significantly under-reported? The most cited reason is that the victims themselves refuse to report the abuse to relevant authorities. The 2009 MetLife Study, Broken Trust: Elders, Family and Finances, suggested some of the following reasons as the basis for an elder’s refusal to report her victimization:

  • The elder does not want her abusing family member to go to jail or to face public embarrassment.
  • The elder does not want government interference in her personal life.
  • The elder feels partially responsible for what has happened.
  • The elder believes that the abuse is simply part of doing business or taking risks.
  • The elder feels that admitting vulnerability will result in her being placed in a nursing home or other facility.
  • The elder fears that the abuser will harm her even more if the abuse is reported.
  • The elder fears that prosecuting the abuse will be prohibitively expensive.
  • The elder may not recall the abuse because of dementia or other impairments.

Another factor underlying the significant under-reporting of elder financial abuse includes the reluctance of third parties to get involved for some of the following reasons:

  • They do not know if they are “mandatory reporters” under their state laws.
  • They do not want to compromise professional relationships.
  • They wish to avoid adverse publicity to themselves or their organizations.
  • They do not want to incriminate fellow professionals or employees.
  • They want to avoid involvement in a criminal investigation or lawsuit.
  • They are untrained on the distinction between “normal aging” and elder abuse.

“Mandatory reporters” of elder financial abuse can vary significantly from state to state. For example, Georgia law provides that the following persons having reasonable cause to believe that a disabled adult or elder person has been the victim of abuse, other than by accidental means, or has been neglected or exploited, are mandatory reporters of such suspected abuse, neglect or exploitation: any person required to report child abuse; physical therapists; occupational therapists; day care personnel; coroners; medical examiners; emergency medical services personnel; certified emergency medical technicians, cardiac technicians, paramedics, and first responders; employees of a public or private agency engaged in professional health related services to elder persons or disabled adults; clergy members (outside of the confessional); and any employee of a financial institution having reasonable cause to believe that a disabled adult or elder person has been exploited (for assets not being held or managed in a fiduciary capacity).

Only ten states and the District of Columbia specifically designate the employees of financial institutions as mandatory reporters of elder financial abuse. Numerous other states recommend and encourage, but do not require, the employees of financial institutions to report suspected elder financial abuse. As of 2013, there are no federal requirements that banks or other financial institutions must train employees to recognize or report elder financial abuse, even though they are well positioned to identify such abuse.

Penalties for the failure of mandatory reporters to report suspected elder financial abuse range from no penalty at all, to monetary fines, to jail time. In general, anyone who makes a report of suspected elder abuse, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation, is immune from any civil or criminal liability on account of such report, testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to the abuse.

Part 6 of this series will discuss Adult Protective Services agencies as the “first responder” mechanism for investigating reports of elder financial abuse outside of a long-term care setting, while Part 7 will deal with Long-Term Care Ombudsman programs investigating complaints in nursing homes or other long-term care settings.

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.

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Why Quitting Might Actually Be The Key To Success In 2014

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If you’re like me, your e-mail inbox is probably overflowing right now with messages that talk about all of the things that you can do better and “fix” in 2014…Perhaps it’s a gym wanting you to come exercise, a financial advisor with advice on how to get your finances in order, a resort with an invitation to come relax and recharge your batteries… No matter what the directive, it seems like everyone has an idea for what your New Year’s Resolution ought to be.

Well, I’d like to propose something a little different for this year…instead of worrying about what you should be adding to your already busy plate, maybe you should be thinking about what you should quit??

The Freakonomics blog touched on this very topic in 2011, and I think that their message was spot on:

"To help us understand quitting, we look at a couple of key economic concepts in this episode: sunk cost and opportunity cost. Sunk cost is about the past – it’s the time or money or sweat equity you’ve put into a job or relationship or a project, and which makes quitting hard. Opportunity cost is about the future. It means that for every hour or dollar you spend on one thing, you’re giving up the opportunity to spend that hour or dollar on something else – something that might make your life better. If only you weren’t so worried about the sunk cost. If only you could …. quit."

Take a minute or two and reflect upon the different projects you have going in your life…are they truly serving your ultimate goals? And if they aren’t, can they be delegated? Can they be removed from your list completely? And what would you do if you were able to recover that opportunity cost spent on projects that aren’t serving your goals?

To me, it’s all about focus. Focusing intently on the strategies you can employ to meet your goals, whatever they may be. I'd like to challenge you to take the next steps, break through barriers, implement tried and true systems, and (where appropriate, of course) to quit those activities that are getting in your way.

To your success,

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

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Holiday Traditions – Old And New

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Families are wonderful. They set the foundation for how we should act and when. We then call these actions traditions. Except, things change.

When I grew up, we opened presents from immediate family members on Christmas Eve. Then, on Christmas morning, we discovered the delightful gifts Santa had left for us unwrapped under the tree. To this day, as an adult with my own children, we still spend Christmas Eve at my parents’ house. Except, it will just be my mother’s house this year – our first without my father, who died earlier this year.

I started a tradition a few years ago, but I let it lapse. I will initiate it again this year – lighting a blue candle for my father, and for all those who have died whom I want to take a moment to remember. With my children and mother now involved in the new tradition, it should continue year after year.

This happens in our businesses as well. I learned that a seasoned employee was telling a new employee, “that is how we have always done it,” regardless that I had expressed a new way I wanted it done. A new tradition? A new procedure that becomes tradition, until it needs to change.

The five lessons I have learned from our Christmas traditions that I can use in my business are:

  1. Each year, review the traditions/processes you want to keep and those you want to change due to different circumstances. (I want to continue going to my mom’s house on Christmas Eve, but now I do Christmas day at my house with my children. Keep doing retail seminars, but begin doing prospective client workshops too).
  2. Determine if new traditions/processes should be added to the existing ones. (Add our “Blue Christmas” moments. Add sending an “it was great seeing you” card each week to a new person or client you met.)
  3. Don’t change just to change – keep what is working for you and continue to celebrate its benefits. (Keep extended family traditions while creating new ones with new family. Keep calling our clients three days after our initial meeting, just to check in.)
  4. Put measures in place for accountability. (Enroll my children and mother in the Blue Christmas ritual. Enroll your firm team members in the new process – I have just enlisted my office administrator to ensure that we set aside a certain percentage of gross revenue for savings each week.)
  5. Enjoy the traditions/processes and remember what it is really all about, for you personally and for those you love.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.

Your Legal Hour – December 9, 2013

Welcome to Your Legal Hour!

This week's topic is Who Should Consider Medicaid Planning? Determining Eligibility or Excess Spend Down.

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

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White Knuckling The Week

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“Let go or be dragged.” ~ Zen proverb

“Earlier this week,” is the phrase I used to start the weekly production meeting. Marci immediately cut me off: “Molly, its only Tuesday a.m.” Well, it certainly felt like late Thursday afternoon, with Friday tolerantly waiting on the horizon. I’ve been pondering that simple comment. So many people I talk with have the same theme, feeling like they are white-knuckling through their week. I realized how fast and furious we move through our days, hopping from one task to another, often unaware and unconscious.

In looking back on my week, I’m beginning to notice the absolute necessity for the power of the pause in our lives. We ignore the value of having that transition time between appointments, phone calls, tasks, etc. Most of the time we trick ourselves by saying, “I don’t want to be late,” “It can wait,” “I don’t have to pee THAT bad, it can wait another hour.” But the truth of the matter is, there is little that is more important than the power of the pause to transition between activities and appointments, because those waiting for that next appointment are better off for it. They get your full, undivided attention. They don’t have your rushed energy when you fly into their appointment, meeting, or whatever it is. I can’t tell you the countless times I have personally either been on the giving or receiving end of “Whew, sorry I’m a few minutes late, my last meeting went over.” Next thing you know, the person on the other end is trying to care for you. “Do you need a few minutes to….” “No, no, I’m fine. Let’s get started.”

Ironically, I was late to a call with my coach last Tuesday. I spun into the call with “Sorry I’m late, my last call went over.” She led me into a transformational conversation that started with, “Consider the possibility that when we don’t take the time to properly transition from one action to another that it can be counterproductive. Consider that your rushing because you do not want to be 1 minute late could be actually hindering you from allowing the time you have together to be so much more powerful.” WOW.

What I took away from that call is the necessity for “The 1-minute transition.”

  1. Stop and take one deep transition breath (into your belly deep) and repeat, “I am done with X now and I have the follow-up notes there to support me during my office/admin time so I don’t drop the ball.” (10 seconds)
  2. Physically get up and MOVE. Grab a glass of water, a bit of food, use the restroom. Do whatever you need to move into your next event while letting go of the previous. (40 seconds)
  3. Stop and take one deep transition breath (into your belly deep) and repeat “I am moving into X next and my intention is to be fully present.” (10 seconds)

All it takes is a 1-minute transition to create a conscious shift. Paula taught me that, if I’m authentically going to help others, skipping this time is not an option. If we don’t take that sacred time, it communicates to the person/meeting/event how little we put into being fully prepared to be with them. WOW, what a breakthrough, this 1-minute transition “process.” Because my current reality is that I have an unforgiving calendar, unrelenting follow-up and time-sensitive year-end wrap up, and none of that is going to ease up between now and December 31st – and all without potty breaks.

My weekly planning is going to look a little different come Sunday evening. I’m going to add to the top of my weekly focuser “The 1-minute transition.”

I have also added this to my green “Meeting Focuser” sheets as well as a sticky note next to my phone and on my computer. White-knuckling is nothing more than a habit, a way of being. With the tools and training, it no longer has to be “It is what it is.” If you’re interested in hearing more about weekly planning and how to create safety nets to support you, please join us for a 1-hour webinar on “Effective Weekly Planning” on December 16th. Click here to register.

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December Member Of The Month – Jeff Bellomo

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

The greatest success that I've had since joining LWP is the fact that I now own a business rather than a job.

Before I joined LWP I was working seven days a week and every evening. I now realize with the assistance of LWP and the LWP tools (the weekly, daily, and monthly planning as well as the time templates) that I can be in control of my schedule and not allow the client to be in control of it. Now, I pride myself that I only work one night a week and spend quality time with my family.

Also, I have implemented the maintenance program which is taking another step towards having a saleable practice as opposed to a job that if I was no longer there the business would not be able to sustain itself.

What is your favorite LWP tool?

My favorite LWP tools are the LWP audit and the vision clarifier. The audit and clarifier allow me to ensure that I am enrolling the client rather than selling the client any product or service. I have gotten great feedback from clients after the vision meeting that they feel like their voices are heard and that I am doing what is best for them and their family and not what is best for my pocket. Clients tell me that our process in the vision meeting is very different than other attorneys. The tools allow the client to be in control of the process and know upfront what the plans will do and also what the cost is. I believe that the audit and clarifier are the two most important tools that I use in that they have increased my business the most.

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

LWP has impacted my practice in more ways than I could possibly express. I joined LWP with one team member and the team has now grown to a team of six and growing in only three years. I never could have imagined that the team would grow and that my enjoyment of practice and the law would grow as well. The systems and processes of LWP enable me the ability to grow but at the same time ensure that the quality and the brand of our firm is not compromised. There is nothing like The LWP community. Each and every year we look forward to the retreat and opportunities to be with the other members of the LWP community. The bonds that we have grown as well as the knowledge that we have gained is immeasurable.

Not Exactly As Planned

Last week I wrote about how thankful I was to be able to spend Thanksgiving in Myrtle Beach with my family. I had been traveling so much lately and really needed to spend quality time with my children and get some rest.

We drove eight hours (for a five-and-a-half hour trip) and happily checked into the resort at 5:00 p.m. on Saturday, ready to get out of the car. We spent a quiet evening as planned. The next day we went to the clubhouse and played bingo, winning three out of five prizes. My children are a little competitive. Then we went swimming at the indoor pool. A great time was had by all. We had the next three days planned out as well.

But, while I was making dinner Sunday night, Katherine was helping, like she usually does. However, she was in a strange kitchen and standing on an unfamiliar chair. She slipped. To catch herself, she instinctively put her hand down on the red-hot flat-top electric stove. A trip to the emergency room ensued, which was followed by hastily packing up the car (to include $130 worth of groceries we had just purchased that morning) and heading back to Atlanta so we could be at the burn center by 8:00 a.m. Monday.

From time of incident to pulling away toward home, it was only four hours and 15 minutes.

Today I am thankful for different reasons. You can likely guess what they are so I won’t belabor the point. However, I will take you back to my original post of last week with the tips I left for you. Despite not having any sleep Sunday night and being at the burn center most of Monday, I still accomplished my goals. I spent quality time with my family, I got some rest, and I reflected on my past and created my future for three current businesses and one new venture. Additionally, because I returned home early, I was able to check off some much-needed “to do” list items at the house (purging children's toys to make room for the new ones next month).

In times of crisis, there are lessons to be learned and thanks to be expressed. Now and always I am thankful for my health, high energy and ability to see the forest for the trees.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.