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You Have To Work Your Plan

Bigstock-Dart-hitting-target-New-Year-31745273-300x257We are getting ready to close the books on 1Q 2013. So, looking into 2Q (that is less than 3 weeks away), where are you with your 2013 Marketing Plan?

If you aren't looking at your marketing plan and reviewing it weekly, your not developing your marketing. You need to work your strategies and review your written plan weekly to make sure everyone in your firm understands, with complete certainty, the direction of the company.

Your marketing plan should be a comprehensive and researched document which covers all essential aspects of taking your firm to the next level. When you created your plan, did you ask yourself the following questions:

– Where are we right now?
– Where do we want to be in a year?
– What opportunities exist?
– How will we get there?
– Who will do what and by when?
– How will we know we've arrived?

The next and very crucial step is to develop and work your plan! Don't just set all that brainstorming and creativity to ROI aside. Work it!

Your marketing plan is a living document for the marketing department and something they need to monitor REGULARLY. You have to monitor the progress of your plan and review it for it to work!

Review it weekly, prioritize the action steps, set clear deadlines and clear exceptions for success!

Roslyn Drotar – Implementation Coach, Lawyers With Purpose

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Why I Hate Meetings

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I remember a time when every time I suggested we have a meeting, bodies would cringe. In retrospect I don't blame them. Most meetings are wholly ineffective. But when you examine the purpose of meetings and the distinction between a great meeting and a frustrating meeting, it quickly becomes apparent how important they are, but more importantly how to make every meeting a powerful one.

Most people become frustrated with meetings because they tend to be a “bitch” session, an opportunity for people to share what's not working. Often meetings lack structure or intended results prior to the meeting. Instead they're meant as a session to “figure it out”. While on occasion these meetings may be necessary, they are not productive and often lead to frustration.

There are two types of powerful meetings. (1) The first is check-in meetings; that is, meetings on a regular basis (once a week in our office) where you check in with everyone else to see how the firm or individuals are doing as compared to the goals and standards that have been set. This type of meeting is to ensure accountability is essential for long-term personal and firm success. (2) The second powerful meeting is a discovery meeting. In a discovery meeting you bring different perspectives together from key individuals that you think are important in making a critical decision. The significance of making these meetings successful is that you must have a controlled agenda as to time and parameters around each part of the meeting that provide for:

1) brain dump time; a time where all can shoot out ideas without judgment!
2) refinement time; when all of the issues raised are refined to identify the most important and relevant ones, and then
3) strategic time; when the participants strategize a solution to the core objective for the meeting that was potentially not even conceived prior to the beginning of the meeting.

Check-in meetings and discovery meetings, when managed and facilitated properly, can be very empowering and lead to major breakthroughs in firm operations and individual growth.

So the next time you have a meeting don't cringe, make it a powerful one.

Dave Zumpano, Estate Planning Attorney, Just Like You!

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March Madness Is Heating Up!

Bigstock-Basketball-3203372-300x208I love it when March rolls around. You can guarantee great basketball, green beer and a month before taxes are due from last year’s profits. Also, my children (twins) celebrate their birthday each March. This year the Final Four is being hosted in Atlanta, Georgia, where I live. The energy of the city really ratchets up and it feels vibrant just to be in the buzz of it all.

There is a different kind of buzz in March for our Veterans who are receiving a pension with Aid and Attendance benefit — tax free income to help offset the high cost of medical care. To receive Improved Pension with either Housebound or Aid and Attendance, Veterans must meet financial criteria ensuring their income and assets are below certain limitations. Due to this, historically, the VA required an annual review of income, assets, and medical expenses to be filed no later than March 1st.

This year the VA decided to eliminate the formal review process and no longer requires beneficiaries of the pension to send in a review. Instead, the VA is cross-referencing reported income with the Internal Revenue Service (IRS) and Social Security databases. This sounds very efficient for the VA. However, it will create madness for Veterans who are receiving the pension when their benefits are terminated because they followed what they believed the VA to mean in their letters that an annual review is no longer necessary.

A claimant or beneficiary of the VA pension must still report, every year, the amount of out-of-pocket medical expenses he paid that was not reimbursed by any other source. Since the pension is awarded based on a reduction of income due to medical expenses, then the medical expenses must be reported. Otherwise, when the VA cross-checks income with the IRS and Social Security, it will appear the Veteran has too much income (because the medical expenses are not cross-referenced). It is up to the Veteran to ensure the VA receives verification of all medical expenses each year.

The deadline to submit medical expenses is no longer March 1st of each year. Instead, it is December 31st of the year after the medical expenses were incurred. Plenty of time to gather the information needed. Also, plenty of time for the Veteran to delay and forget to file them.

I foresee a March madness of a different kind beginning in 2014, the year after the VA eliminated the annual review, when Veterans’ benefits begin to be terminated for lack of proper notice of medical expenses. For lawyers who are practicing in this area, I recommend you make room on your calendar beginning in March 2014 for the calls you will receive asking for help to reinstate benefits. To be proactive, putting an advertisement in a local newspaper in February 2014 informing Veterans of your available assistance would likely prove to be fruitful. The client, who has come to rely on the monthly income, will be in distress and will need to know who can help.

For more information, or to become a member of Lawyers With Purpose, LLC, an organization with a mission of “Creating a world where people can protect what’s important to them and where client-centered lawyers can be valued for the peace of mind they help provide,” go to www.lawyerswithpurpose.com.

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

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Official Launch Of Our Automated VA Qualification Worksheet!

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Great News! As our members saw from our post on the LWP ListServ, we have officially launched the Automated VA Qualification Worksheet. Victoria Collier is hosting a webinar next Friday, March 15th at 3:00 EST to go through it live with our members.

Some of the newest features on the Automated VA Qualification Worksheet we'll discuss and review are:

– Type of Claimant automation on the income sheet

– Type of Benefit automation on the income sheet.

– Age Analysis automation on the income sheet.

You'll learn how the VA Qualification Worksheet helps with:

– Status of Veteran – Type of Benefit

– Age analysis

– See a Live Case Study

– Bring a Real Client’s Facts and at least one attendee will get to have their numbers plugged in and see immediate results

The VA Qual Worksheet allows you to easily input the financial figures to quickly determine whether the claimant qualifies under the income and asset standard, and if not, how much income or assets the claimant must reduce in order to qualify.

We're so excited about bringing this to our members and for them to start using it today for greater efficiency in their office as well as build confidence with clients! It is also a great training tool for your team.

If your a member and want to register, you can contact Marci Otts at motts@lawyerswithpurpose.com. To learn more about our tools and Lawyers With Purpose membership, please visit www.lawyerswithpurpose.com.

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Our March Member Of The Month – Andrew Sykes

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

We have successfully used the systems to develop a referral network from other professionals. It has gained momentum and now drives clients to our workshops, and to appointments, every month.

What is your favorite LWP tool? I appreciate the live listserv. Whenever I’m looking for an answer I can’t find elsewhere, the live listserv gives me a way to not only ask a question but to have a dialogue and drill down into an issue in detail. Then I’m able to go back to the recording later and listen again if I need to. I also learn quite a bit from hearing the answers to other callers’ questions.

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

Our estate planning practice has become a much more central part of our practice, and we’re taking the initiative as a team to keep our pipeline full. Rather than waiting for, and responding to, the latest “crisis” case, we’re helping our clients make effective long-range estate and asset protection plans – and getting paid well to do so. The LWP community gives us a support network to make sure we stay on track.

To learn more about our membership, please visit us at www.lawyerswithpurpose.com

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Veteran Pension Benefits Lawyers! Have You Seen What The Federal Trade Commision Is Saying?

Bigstock-Red-White-Blue-Spiral-Backgrou-2474967-300x240"The Federal Trade Commission warns veterans and their families:  Be wary of dishonest advisers offering “free” help with paperwork for pension claims. Unscrupulous lawyers, financial planners and insurance agents advise veterans over 65 to transfer their assets to a trust, or to invest in insurance products, so they can qualify for Aid and Attendance benefits.  By following their advice, you could lose your eligibility for Medicaid services and the use of your money for a long time, plus get billed for fees that range from hundreds to thousands of dollars. Whether it’s through an ad or a website, these offers usually involve a free seminar, often at assisted living facilities, senior centers, or other places in your community.  They may claim to be veterans themselves, and appeal to your emotions to get you to act.  Consider any pressure to act fast as your cue to say no.  Your best bet is to take your time, do some research, and consider all your options, including doing nothing."

http://www.ftc.gov/opa/2013/02/vetspension.shtm

As an elder care attorney, I have been helping middle class, wartime veterans since 2003 obtain VA pension with Aid and Attendance. Since 2005 I have been training lawyers on the eligibility rules and how they, too, could assist wartime veterans and their widows obtain tax free income to help offset the high cost of home health care, assisted living care, and nursing home care. Since 2009, I have personally observed the unscrupulous behaviors of financial advisors, insurance agents, and attorneys who are not accredited by the VA and are only interested in their own short term gain.

In 2012 I co-founded Lawyers With Purpose, LLC, a member organization that is creating a world where people can protect what’s important to them and where client-centered lawyers can be valued for the peace of mind they help provide. The lawyers who are members of Lawyers With Purpose, LLC uphold the highest ethical standards and work within the VA benefits and Medicaid benefits laws to partner with a client in creating a personalized long-term care plan.

My clients tell me that what is important to them is:

(1) living as independently as possible, in their own home when possible;
(2) preserving their quality of life as they age and become disabled; and
(3) protecting their family members who depend on them for support.

This is often accomplished by legally preserving assets and qualifying for assistance from other sources like VA pension with aid and attendance or Medicaid.

As an ethical estate planning and elder care planning attorney, you should not be offended by what the FTC has said, you should make your community aware that these practices are, in fact, happening. You can educate your community on how to protect themselves from the bad actors and distinguish yourself as one of the good guys.

The FTC points out some really good tips for consumers as to how to ensure they are using an advisor who has the client’s best interest in mind, not the advisor’s best interest.

(1) Make sure the advisor is accredited by the Veterans Administration
(2) If you have your own financial advisor but attend a seminar by a different financial advisor or insurance sales person, discuss the information with your personal financial advisor before switching advisors
(3) If you are using a financial advisor to assist with planning, make sure you have an accredited lawyer review the plan (a lawyer that you personally meet with)
(4) Check the state bar for any complaints against the lawyer
(5) Understand that lawyers can charge for creating and implementing an estate plan, to include long-term care planning, but no one can charge to assist you in completing and filing a VA application.

For more tips, go to http://www.consumer.ftc.gov/articles/0349-poaching-veterans-pensions

To learn more about Veteran Benefits and Medicaid Planning register to attend our Lawyers With Purpose program in Atlanta April 30th – May 1st. Click here to register.

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

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What To Do With “Excess” SSI Benefits

Bigstock-social-security-words-on-USA-f-34512644-300x200Every once in awhile, a client who receives monthly Supplemental Security Income (“SSI”) cash benefits (in 2013, a maximum of $710/month) may find that he cannot spend the full amount on his needs (and wants). This failure to fully expend the SSI benefits may, in due time, result in the client accumulating more than $2,000 in his bank account, thus jeopardizing his ongoing eligibility for SSI and, in a majority of states, Medicaid as well.

We all know that SSI benefits are not assignable in advance of receipt to a first-party Special Needs Trust. See POMS Section GN 02410.001 and Sections SI 01120.200G.1.c and 01120.201J.1.c. However, is it permissible for an SSI recipient or his Representative Payee to transfer unused SSI benefits to a first-party SNT? The answer is “yes.”

POMS Section GN 00602.075 (“Transfer of Benefits to a Trust”) provides that a Representative Payee (or, presumably, the benefits recipient himself) is permitted to transfer Title XVI benefits (i.e. SSI) to establish and fund a trust, or to fund an existing trust, if the following prerequisites are met:

(i) establishing the trust is in the beneficiary’s best interest;
(ii) the trust is established exclusively for the use and benefit of the beneficiary to meet the beneficiary’s current and reasonably foreseeable needs; and
(iii) the SSI recipient is the sole trust beneficiary during his lifetime. See POMS Section GN 00602.075C.1. The POMS then incorporate by reference the familiar SNT requirements set forth in POMS Sections SI 01120.201, 01120.202 and 01120.203 for “guidance on trusts and how trusts established with an individual’s assets affect SSI eligibility.” See POMS GN 00602.075C.4.

POMS Section GN 00602.075D.3 then enumerates examples of trust provisions that “meet use of benefits policies,” including expenditures for “food, clothing, housing, medical care, recreation and education,” as well as reasonable compensation for trustee and other professional services. Also permissible are trust provisions which limit disbursements to “the beneficiary’s current maintenance needs that are not covered by public assistance.”

An example of impermissible trust provisions include prohibitions on disbursements for “the beneficiary’s current needs for food, clothing, housing and medical care,” while allowing disbursements only “to enhance the quality of life for the trust beneficiary in the broadest sense, including but not limited to vacation travel and transportation expenses.” Caveat: many early versions of first-party SNTs utilize just this type of impermissibly limiting language!

Thus, a first-party SNT that otherwise complies with the relevant provisions of POMS Sections SI 01120.201, 01120.202 and 01120.203 would be a permissible receptacle of excess SSI benefits paid to the (recipient or his Representative Payee) but not currently expended.

Kristen Lewis

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Why Clients Actively Choose Not To Hire

Bigstock-Hand-with-okay-sign-on-royal-b-14504648-300x199The average enrollment cycle in the Estate Planning arena is 9-18 months. Now, that might sound horrifically long, but it’s the absolute raw truth. And it’s no phenomenon that Estate Planning and Elder Law Attorneys that I talk to across the county are experiencing the same thing in their own practices.

The irony, the coincidence. There’s a saying my initial mentor taught me: “So go the coach, so go the coachee.” The very reason most attorneys struggle with how to guide clients to a decision is because they are unwilling to do so themselves. Which radiates an essence of the following decision making process Over explain … Process …. Deflect … Confuse … Repeat

As an industry, attorneys are incapable of active choice without a tremendous amount of internal (possibly financial) suffering. Call it a tribe of high “Fact Finders™” or law school conditioning to research and analysis until there is no law review, case study or white paper unturned. In my humble opinion, the core of the matter is none of the above. It boils down to 1 word. Permission.

Permission, is letting go of your beliefs or a structure that no longer serves you. It’s walking away from the all or nothing thinking and no longer buying into “the way things are supposed to be.” It’s a willingness to be in a place of uncertainty and move into a place of possibility.

It’s also about honoring ourselves, what we desire from life, and letting go of worry, guilt, and blame. Sometimes permission is about how you are being, and other times permission is about what you are doing. Sometimes permission is so that we can grow, other times it’s so we can let go. Permission is a conscious decision and conversation that takes place in your head — and likely your heart

Permission shows up in our life daily as we are bombarded with choices, decisions, dilemmas and change that require us decide and declare (or not). Most often, we recognize the need for permission when we have a deep need for certainty (evidence) or when we are going against what others are wanting from us. Permission is an internal battle.

We see the need for permission to show up in our life in situations as diverse as deciding on whether or not to attend an event, terminate an employee, leave a marriage, spend your savings and retirement on a new adventure or if you should join a new organization (again), parenting, whether to go home at night, take time off of work. The list goes on and on.

Once you recognize the role permission plays in your life, you’ll see how almost every decision and choice is being driven by this silent control freak. When we can bring awareness to this internal meter of “right, wrong, good, bad, yes or no,” we can move into a place of being able to make the choices that are best for us at the time — without endless research (fear), guilt, shame and the need for certainty.

Well, maybe there will still be a little fear, but fear is a motivator and adaptable: especially when you are operating from a place of permission instead of resistance. At the end of the day giving you permission boils down to putting the oxygen mask on yourself first. And that’s a hard nut for most of us to crack.

The client really wants to make certain they protect their daughter from that good for nothing son in law. But without permission the selfish, judgmental voice speaks in stereo. Many attorneys have been asked by their clients at the end of the vision meeting, “Tell me what to do?” And likewise from attorneys that are about to make an investment in joining LWP.

But I can’t tell them what to do, and even if I did, it wouldn’t relieve them of any pain or uncertainty because they haven’t given themselves permission to decide and declare. They can take my advice but it won’t work because they didn’t come to it on their own. However, if I own my role as a shepherd, guide, coach and unwavering stand to lead them to a place of permission, to allow decision, decision is made. With confidence, peace and maybe even a bit of excitement.

What makes our LWP community unique is we hold our members accountable to their path and plan while providing the infrastructure to achieve it. Our members tell us they are accomplishing their goals, can finally delegate , trust their team to lead, while making more money and feel confident it won’t all break. This isn’t all our members, only the ones whom have given themselves permission. And I feel strongly that is the value proposition you bring to your clients, to declare and commit to a path and plan they believe in.

Molly Hall

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Four Basic Principles – Medicaid Made Simple

Bigstock-Child-Blocks-Height-480846-200x300Many people are confounded by the complexity of Medicaid. The truth is, Medicaid is quite simple. It’s a set of rules, exceptions and exceptions to the exceptions, but all are founded on four basic principles. First, understanding the rules, second, determining if the client meets the eligibility requirements, or if there’s an excess amount to “spend down”, third, determining the spend down method and fourth, implementing the funding plan.

Understanding the rules really comes down to these basic concepts. The difference between the institutional spouse and the community spouse, the income allowances (minimum monthly maintenance needs allowance a/k/a MMMNA), the community spouse resource allowance (CSRA), the look-back period, the monthly divisor, spend down, the penalty period, compensated transfers, uncompensated transfers and all the allowances and exemptions. The exemptions include protections of your principle residence, for a spouse or disabled or minor child, an automobile, a prepaid funeral and life insurance up to $1,500. All Medicaid determinations are based on these concepts. Once you have a clear understanding of the application of the rules regarding these key terms it will determine whether an individual is Medicaid eligible.

The second principle determining whether the client meets qualifying conditions (That is, are they citizens and a resident of the state?), are broken down into three parts; legal, health and financial. Do they need care that is covered by Medicaid, and do they meet the income and asset limitations? If the client does not meet the legal or health criteria they will not qualify. If they exceed the financial limitation, they must “spend down” their income or assets to the qualifying levels.

The third principle, the method of spending down can have two results: One leads to a penalty and ineligibility for Medicaid (“uncompensated transfer”) and the other type of spend down does not (“compensated transfer”). Qualified (“compensated”) spend downs will not penalize the applicant as they are deemed to be exempted transfers under the law. Such an example of a qualified spend down would be the Medicaid applicant making an improvement on their principle residence, or purchasing a car, a prepaid funeral or paying off debts. Uncompensated transfers are when an individual gives assets away and receives nothing, or less than what was given, in return. In these circumstances, the individual will be penalized and made ineligible for Medicaid depending upon the uncompensated amount given away and the monthly divisor in the community in which they live. What’s critically important to understand is a penalty assessed for an uncompensated transfer can far exceed 60 months and doing an uncompensated transfer does not disqualify your for 60 months. Other methodologies to spend down include the use of annuities, Special Needs Trust, Personal Services Contracts, trusts “solely for the benefit of your spouse, or disabled or minor child, or promissory notes. A combination of these spend down methods may be utilized in qualifying a client.

Finally, once you have applied the rules, utilized the exemptions and completed your spend down strategy, none of it is effective without a funding plan. Unlike traditional estate planning where funding could get “cleaned up” after death by a pour over will, in Medicaid planning, none of the penalties or planning is effective until the funding has been completed. It is absolutely critical that you have a complete funding strategy in place once you create the plan to ensure the plan you create is actually going to work.

Did you even think Medicaid could be explained in less than 350 words? You just read it and it’s not as complicated when you have a structure, such as outlined here, to apply to each case. I will be rolling out such a structure with National Veterans Benefits Expert, Victoria Collier, on April 30th and May 1st in Atlanta, Georgia. For information click here. Hope to see you there!

Dave Zumpano

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VA Pension With Aid & Attendance, IRAs and SPIAs

Bigstock-Honor-And-Valor-1883321-300x214Wartime veterans (or their widows) may receive tax free income to help offset the cost of long term care. The benefit, Improved Pension, commonly referred to as Aid and Attendance, is a means tested benefit wherein the claimant must meet both income and asset limitations.

The asset limitation is not a bright line figure, however, a standard guide is that if the claimant has more than $80,000 of countable assets (the home, cars, and personal property are exempt), the claim will be denied. Thus, often the veteran will seek counsel from a qualified attorney to assist with asset preservation and qualification for benefits.

A problem with reduction of assets may arise when the veteran has a large retirement account. Unlike other investments or cash account, retirement accounts cannot be liquidated without incurring a sizable income tax consequence.

Can the IRA be converted to a SPIA?

Historically, in this situation, the recommendation was to roll either a portion of or the entire retirement account into a single premium immediate annuity (SPIA). SPIAs create an income stream based on the insured’s life expectancy, thereby eliminating the cash value of the investment. Given there was no cash value, then that automatically reduced the net worth of the claimant, bringing the assets below the permissible limits.

The Veterans Administration has begun denying claims where a SPIA has been used, asserting that the SPIA has not reduced the net worth. Although no laws have changed, the VA has changed its procedure of how it treats annuities when calculating net worth. Until the law does change, my recommendation is that:

(1) if you have pending claims with SPIAs that ultimately become denied, then appeal.
(2) if you have a large retirement account, either
(a) don’t apply for VA benefits, or
(b) use a SPIA but caution your client of the probability of a denial and the likelihood of an appeal.

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