Bigstock-Workshop-Word-Cloud-With-Magni-130546559

What Is A Successful Workshop? Here’s All You Need to Know…

August 17, 2016

by David Zumpano with One Comment David J. Zumpano Estate Planning Drafting Software Legal Marketing Systems & Processes

I've been working with estate planning attorneys around the United States for almost 20 years, and I am always intrigued about how excited they get when they deliver a presentation, seminar or workshop. The interesting dynamic is how pumped they get in front of a room full of people. It might surprise you to learn that such a situation is not exciting to me or to any LWP attorney, for one simple reason. We have learned that it is not the number of people in the room or your ability to speak to them that matters, but rather your ability to communicate and create relationships with them so they trust you and understand how you can help them accomplish their goals. That’s when they hire you.

Under the Lawyers with Purpose workshop system, our members are provided three different workshops, depending upon which best matches their personal objectives. We offer members the “Estate Planning Essentials” workshop, the “Seven Threats to Every Estate Plan” workshop, and the “How to Protect Your Stuff in Three Easy Steps” workshop. All three teach the same concepts and utilize similar stories, but most importantly, all connect and relate to the Estate Plan Audit™ utilized in the Vision Meeting™ with individuals who attend the workshop and opt for a meeting with you. They also delve into what estate planning is and the specific issues you want them to know (all contained in our trademarked and copyrighted workshops).

Why is this relevant? Because the excitement over the number of people in your workshop is baseless if none of them hire you. If your workshop can't show people how you can help them and explain how your solutions are relevant to them and will benefit them, then stay home with your family rather than waste the time.

So, to avoid that scenario, let’s consider the core elements of a successful workshop. First, ensure in advance that you are clear on who is registered to attend your workshop. You should also ask how each attendee heard about you; that is, what source of marketing got them to call your office (a professional relationship, a retail advertisement, or other). Second, your staff should welcome all attendees during enrollment, excite them about the workshop they're going to attend and touch on how it will offer new ideas to solve their concerns. Third, your team should follow up with attendees ahead of time and confirm attendance. Fourth, during the workshop it is essential to set the expectation up front that you will make commitments to the audience, and to make sure the audience understands that you expect them at the end of the workshop to complete the evaluation and request a meeting if they think it's appropriate. This is perhaps the most important part of the workshop – not all the education you provide, but rather the invitation for them to move forward with you at the conclusion. You must be enthusiastic and excited for them to come in and apply what they learned to their personal situation, in hopes of helping them accomplish their goals and objectives based upon what they’ve learned in the workshop. If you don't believe in yourself, why would they?

And finally, another very important element of every workshop, one in which I have found that most lawyers fail, is to follow up with the attendees to schedule the appointment. I cannot tell you how many times I've worked with attorneys who either neglected to get an evaluation at the end or got the evaluation and failed to follow up on it.

Life is busy. People don't have “free time” to just pop into a workshop, and oh, by the way, I can't wait to go see a lawyer tomorrow to talk about all this crazy stuff. For most people, their lives are busy and complicated, and they're confused. You must be the one who clarifies the confusion and shows them a simple approach for them to get their concerns solved.

That's what the Lawyers with Purpose workshop system does. In fact, we call it the Client Enrollment System™ because it's a complete process, from identifying the client's needs after their initial contact with you, to the point of their engagement with your firm. That's the significance of workshops and seminars: not the excitement of delivering them, but the excitement of actually being able to help people implement great planning solutions that protect them and their family. Contact Lawyers with Purpose today if you want to learn more about what we can bring to your estate and/or elder law practice. Just click here and give us a little information then download our membership brochure.

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

Bigstock-Legal-Law-Rules-Community-Just-94090013

Latest Release of LWP-CCS Software

August 16, 2016

by Lawyers With Purpose with No Comment Estate Planning Drafting Software Legal Technical Systems & Processes VA

The latest version of the Lawyers with Purpose Client-Centered Software (LWP-CCS) was recently released and can be downloaded by using the link emailed to all qualifying members. Instructions on how to install the update are included. Please contact Member Services if you have not received an email. Updates were made to the Medicaid and VA modules and the LWP-CCS forms; the changes are summarized below.

Medicaid Qualification

Statutory wartime dates for VA eligibility have been added to the MedQual Worksheet as a reference aid. Further changes were made to the Asset Risk Analysis to show the rate of loss to a nursing home when in a "crisis" situation. You may also notice that the termination language in the Personal Services Agreement has been simplified per member feedback.

We also updated and simplified the language of the Termination section in the Personal Services Agreement.

LWP-CCS Forms

There have been some state-specific changes to the form documents at the request of our state bar members.

We also updated the Illinois Health Care Power of Attorney.

VA Qualification and Application

As another quarter is coming to a close for 2016 without us hearing a peep regarding the proposed VA look-back period, changes to the VA module were minimal with this release. As done for the MedQual worksheet, wartime dates for VA eligibility were added to the VA HotDocs Interviews for convenient reference.

The most important update was the new version of the main application form for filing for veterans improved pension; namely the VA form 21-527EZ Application For Pension is now the 21P-527EZ. Although this is an important update due to the significance of this form and the need to use VA-prescribed forms, the actual changes were negligible, consisting only of the addition of the letter P to the form number and a new revision date of April 2016. Another VA form that was updated is the 24-0296 Direct Deposit Enrollment, which you may use to enroll in direct deposit of VA payments into a bank account.

Another change was made at a member’s suggestion regarding the healthcare provider statement that is generated either through the VA Intent to File Interview or the VA Formal Claim Interview to document certain medical expenses. This document was generating by default with the veteran’s name in the field, “The following services are provided to: _________.” This latest release has removed this default so that this field now remains blank and this form can be used for the veteran and/or the spouse as needed.

This last change illustrates how Lawyers with Purpose benefits from you, our community of members, in improving and developing our software. We are always open to any ideas that allow us to provide you with the most current, useful, and efficient tools for your firm. Always let us know how we can be better!

If you're a Lawyers With Purpose member and use Actionstep, the corresponding software release and separate instruction file is available for download now in the Software section of the members’ Lawyers with Purpose website at http://www.lwpmembers.com/posts/lwp-actionstep-hotdocs-integration. The changes in the Actionstep release are identical to those listed above.

If you want to learn more about our drafting software click here to schedule a live demo.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services 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; Co-Founder of Lawyers with Purpose; and Co-Founder of Veterans Advocate Group of America.

Sales Lessons from Italy

August 10, 2016

by Lawyers With Purpose with One Comment Legal Marketing

When I was in high school, I took Latin for two years as my foreign language elective. “What a waste,” I thought, until a few weeks ago, when I took my family to Italy. The trip was actually a business trip to brainstorm with colleagues in Florence. Time away from my office to work on my business with extremely intelligent, successful lawyers is always beneficial. But I had no idea how much I would learn about business and sales just by walking the streets. Based on the questions my children asked, they too learned valuable lessons.

First, the canals in Venice were lined shop after shop with uniquely blown glass of jewelry, animals, tableware, and anything else imaginable. On each Florence corner, and between each corner, were gelato (ice cream) stores. The plazas in Rome were bordered by restaurants, shoulder to shoulder, each with virtually identical menus. Nothing stood out. How did any of them get business? Why were some packed while others were bare?

On our last night in Italy, we wanted a place to eat that was close and easy. We had already eaten 18 meals of pasta and had at least 12 gelato treats. We stopped at the first restaurant on the corner of the big plaza near our hotel to review its posted menu. An employee, specifically stationed in the street in front of the outdoor seating, walked over to us and immediately began to share that they have only the freshest ingredients and no microwave or freezer on the premises. He understood that his menu was like everyone else’s, but he focused on how their food was better. He then got personal and asked my son, “What would you want to eat if you were here? … We can do that.” Naturally my son was sold. After sitting down, I began listening and watching our salesman and noticed the following:

He started with something small – “Would you like to sit and have a special drink” – without presuming a person was hungry for a full meal.
He walked toward the table and said, “Table for four right here for you,” confidently, as if the sale had already been made.
When asked by another prospective customer, “What is the best place after yours?” he replied, “You are already here, why would you want to keep walking only to find the second-best place?”
They filled the tables closest to the walkway first, then behind, to provide social proof of those walking by that the restaurant was desirable.

Since gelato is an impulse buy or a “treat,” the menu was not as important. But since there was a gelato stand on just about every corner, I looked for what made one more attractive than another. For starters, the shops where you could see the gelato from the street through windows were eye-catchers, versus having to go into the shop. Second, a clearly visible sign that said gelato and pictures of gelato were helpful. Shops that only sold gelato and not other items (sandwiches, water, souvenirs) attracted more business. Thus, the takeaway points were:

Be visible and use visuals;
Specialize and don’t confuse the market by selling too many products.

Not all sales strategies I observed were effective. In fact, some were quite offensive. First, after we climbed next to the Spanish steps (the actual steps were under construction), a rose peddler approached and I said, “No, thank you,” then, “No, grazie.” He persisted and said, “It is a gift for you to give to Saint Mary (in the church at the top of the steps).” He handed me three roses as a “gift.” I turned away and he then pulled my arm and held out his hand for money. I reluctantly put in two Euros and he asked for more based on the value of three roses. Jennifer was not as considerate as I was: She took two roses from my hand, thrust them back at the guy and said, “Take your roses and leave us alone.” There was no way I was getting the third rose out of my daughter’s hands.

Similarly, while walking through a plaza toward a merry-go-round, a balloon artist handed my daughter a balloon and said, “This is for you.” Naturally, Katherine took it, said, “Thank you,” smiled real big, and began skipping. The balloonist looked to Jennifer for the money (who had none). Jennifer had to take the balloon out of Katherine’s hands, to a crumbling face, and ask her, “Do you want the balloon or the merry-go-round?” A good lesson for Katherine about choices and priority, but an ill-attempted sales strategy by the balloonist.

Two other lessons we picked up based on questions or observations from my son. First, in all three cities we visited, we saw panhandlers, many of whom presented as homeless. Then, on the plazas we enjoyed individuals showing off their talents (juggling, singing, magic, etc.) to earn money thrown into a pan or hat. Christopher asked, “Do only homeless people do tricks for money?” I replied, “No, honey, only the hungry.” That is a generalization, of course. The meaning behind my response was, “Those willing to put themselves out there to earn a living for their needs will do what it takes to earn money.” Satisfied with that response, when we stumbled upon the Roma Gay Pride celebration near the Colosseum, both children were dancing and really enjoying themselves. Christopher said without any hesitation, “Mommy, can I have a can so people can put money into it for our dancing?” I laughed and told him no, but the real lesson was that he was willing to unabashedly “entertain” and make money while I, on the other hand, was too embarrassed to let him. How many people engage in marketing strategies that work very well, but that you refuse to do based on your own limiting beliefs or pride?

The second lesson my son pointed out was at the Trevi Fountain. The legend is that if you throw a coin in the fountain, then you will return to Rome. My son aptly pointed out, “That is just a trick to get you to give them money.” True. Nonetheless, how many people throw the coin? It’s not about throwing the coin or not, it’s about the experience of throwing the coin. How can you be a fountain to your clients, where they are willing to throw coins just for the ongoing relationship or experience (e.g. maintenance plan)?

When you are out of your office, pay attention to the sales strategies of other businesses. If you were in Rome, would you do as the Romans do? Can you incorporate any of the lessons in your own office?

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.

Impact of Executive Order 13658 Establishing a Minimum Wage for Contractors on VA-Contracted Nursing Homes

August 2, 2016

by Lawyers With Purpose with 2 Comments Asset Protection VA

Executive Order (EO) 13658 “Establishing a Minimum Wage for Contractors” was signed by President Obama on February 12, 2014 to raise the minimum wage to $10.10 for all federally contracted workers. The intent of this EO was “to promote economy and efficiency in procurement by contracting with sources who adequately compensate their workers.” However, there may be unintended consequences to this federally mandated minimum wage increase in the form of a decrease in VA-contracted nursing homes.

The implementing regulations were drafted by the Department of Labor, followed by a public comment period that attracted more than 6,500 comments. The final rule became effective on December 8. It raises the hourly minimum wage paid by federal contractors and subcontractors to workers performing work on covered federal contracts to $10.10 per hour. It applies to contracts beginning January 1, 2015 and also includes potential future increases by an amount to be determined annually by the Secretary of Labor. In 2016, it was increased to $10.15.

Contracts entered into on or before the effective date of January 1, 2015 will not have to comply with the 2015 federal minimum-wage increase until they expire. Prior to 2015, the McNamara-O'Hara Service Contract Act (SCA) determined what federal contractors would pay service employees based on the size of the contract. For contracts equal to or less than $2,500, contractors were required to pay no less than the federal minimum wage of $7.25 in effect as of July 24, 2009. Contracts in excess of $2,500 required contractors to pay their employees rates competitive with the local market unless previously negotiated in a prior contractor's collective bargaining agreement.

Although EO 13658 is projected to benefit around 200,000 minimum-wage workers (Department of Labor Fact Sheet: Final Rule to Implement Executive Order 13658, Establishing A Minimum Wage For Contractors), it may incidentally impact veterans’ long-term care, and not for the better. Contracting agencies – like the Veterans Administration – are not only responsible for ensuring that the clause implementing the Executive Order minimum wage requirement is included in any new contracts or solicitations for contracts, but they must also withhold funds when a contractor or subcontractor fails to comply with that clause. For this reason, there are nursing homes that are choosing not to renew or pursue VA contracts due to the financial impact of the requirement to increase the salary of any minimum wage employees.

Unlike VA Community Living Centers that are owned and run by the VA and state veteran’s nursing homes that are owned and run by the state, contract nursing homes are privately owned but have contracts with the VA to provide long-term care paid or subsidized by the VA. What does EO 13658 mean to such nursing homes? This year it means that, if they want to contract with the VA, they will have to pay their employees at least $10.15/hour – an increase of 40% over the older federal minimum wage of $7.25. Some nursing homes are small and will simply not be able to afford this mandate, and those nursing homes that can afford it may decide the VA contract is not worth the cut into their profit margins.

A further nail in the coffin lid of VA-contracted nursing homes may be the proposed EO 13706 Establishing Paid Sick Leave for Federal Contractors signed by President Obama on September 7, 2015. The comment period, which was extended through April 12, 2016, is now over, and we are awaiting publication of a final rule that promises to require federal contractors to also provide paid sick leave to their employees.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers with Purpose.

Bigstock-Shareholder-Meeting-day-and-da-102582344

Do Your Shareholders Know?

August 1, 2016

by Lawyers With Purpose with 2 Comments Coaching & Implementation Systems & Processes

When I was growing up, my parents never talked about money. The bills would come in and be stacked up on the arm of the couch until my mother paid them on Sunday nights, after the kids were in bed. There were only three things I knew about my parents’ finances: 1) They saved all year for us to take a three-week vacation in the car to visit family in Virginia and Illinois; 2) We were middle-class; and 3) After my dad had his first heart attack when I was in the eighth grade, the common expression became, “Do you think money grows on trees?” Of course I didn’t, but I also didn’t know why I couldn’t have a coke after basketball practice anymore.

Now that I am a business owner and the financial support for my family, I understand the dramatic fluctuation of cash flow. And, unlike my parents, my 6-year-old children are getting a handle on it too. They are, after all, the shareholders of my business.

My daughter and I have a daily ritual. Each morning she bids me farewell to “make some money.” Each evening she asks me, “Mommy, how was your day?” and “Did you make any money?” One day I responded with, “Yes, we made $5,350 today.” She inquired, “Is that a lot of money?” I replied, “Yes, to some people that is a lot; however, Mommy didn’t make her goal today.” Sometimes when she asks, I tell her that we didn’t make any money that day because it was a business development day, when I meet other professionals instead of clients.

I am comfortable having these conversations with my 6-year-olds because I am working for my family and they deserve to know the status of the business, just like any other shareholder of a business or stocks or financial investments. Furthermore, it helps my family understand why I am “going to work” instead of staying home with them. Lastly, they are learning real business skills, which may serve them and me well in the future (especially if they want to take over my business).

Who are your shareholders? A spouse? Children? Grandchildren? Yourself as you plan for retirement? Whomever it is, be honest and open with them about the state of affairs of the business and finances. This will keep you motivated to set, review and reach your goals.

Understanding the Child Caregiver Exemption

July 28, 2016

by David Zumpano with 2 Comments Asset Protection

As many of us are aware, the federal guidelines allow Medicaid applicants to transfer their home to a child caregiver without suffering a Medicaid penalty for the transfer. It is a transfer often attempted by families in the Medicaid application process. It is also a transfer that often fails to meet the requirements necessary for the Medicaid agency to acknowledge the transfer under the child caregiver exemption.

The federal guidelines for the transfer remain somewhat vague, declaring that each state must develop “reasonable standards … for determining eligibility for and the extent of medical assistance,” and that the individual must “fulfill the criteria established by the State in which he lives.” 42 USCA 1396a(a)(17)(A), 453 US 34. This makes it of critical importance that we look to our individual state laws for the specific guidelines necessary. It is also crucial that our clients provide the documentation necessary to prove they acted properly as a caregiver for the parent for at least two consecutive years prior to the transfer.

Generally, individual states require that the child caregiver has resided in the parent’s home for at least two consecutive years immediately preceding the institutionalization of the parent AND provided full-time care for the parent who would otherwise have required institutional care for that entire time period. This is a very specific burden to meet. Just last month, the Superior Court of New Jersey held that a transfer made to a child caregiver who had taken care of her parent for five years prior to institutionalization and met all other requirements of the rule was not valid because the parent had left the nursing home and resided with her son for five months prior to moving back to the nursing home and making the transfer to the daughter. MK v. Dep’t of Human Services, Superior Ct of NJ, Docket No. A-0790-14T3.

So, what must we ensure that our clients have in order to make the transfer? First, we as attorneys must have a clear understanding of the Medicaid guidelines in our own states. Then we need to be sure our clients obtain, and we review, the required documentation. The Medicaid Child Caregiver Exemption generally requires the following documentation.

1. Doctor’s letter

I immediately require that my clients bring me the letter from the doctor as soon as they indicate they may qualify for the exemption. I encourage them to have the doctor state all conditions that the parent suffers from, the time period the parent has suffered from those conditions, and that BUT FOR THE CARE OF THE CHILD, the period of time the parent would have required institutional care. Medicaid may, after reviewing the doctor’s letter, request medical records; however, they do not generally need to be provided without Medicaid requesting them.

2. Proof of child’s address

To qualify for the exemption, the child is required to have lived in the parent’s home for the two years IMMEDIATELY preceding the institutionalization. The fact that the child owns a home and spent part of the time there may pose an issue. Any break in living together in the parent’s home may pose issues as it did in the New Jersey case.

3. Proof of relationship

If the child has a different last name than the parent, he or she needs to be prepared to present a birth certificate in order to prove relationship. Step-children generally do not qualify for the child caregiver exemption.

4. Proof the child provided full-time care

Medicaid may also ask for the past two years of tax returns. Clients may run into an issue here if they worked during the past two years. Generally, the exemption disallows any occupation other than acting as caregiver for the parent. However, in some states, part-time work outside the home is allowed when another child was providing services, or a caregiver was hired, during that time period.

Again, the first step in successfully transferring a home under the child caregiver exemption is knowing the rules of your jurisdiction. Second, we must make sure our clients can actually provide us with the proof required to meet Medicaid’s standards. Often, it is the second prong where we run into trouble. Medicaid rules are often not malleable, and documentation must prove that each prong of the state standard is met.

If you want to learn more about Lawyers With Purpose and make sure you keep up on the latest and great in the estate and elder law arena, subscribe to our blog and we'll deliver content right to your in-box: http://blog.lawyerswithpurpose.com/

Kimberly Brannon, Technical-Legal & Software Trainer – Lawyers With Purpose

10552662_10152286215015017_6265785845376458735_n

Taking on DHS: Successfully Challenging the Medicaid Penalty

July 12, 2016

by Lawyers With Purpose with 4 Comments Asset Protection

We want to welcome Richard Winblad, Guest Blogger and Lawyers With Purpose member. Today Richard shares about his win with the Medicaid Penalty. Great work making a difference for your clients!

Taking On DHS Benefits the Client and Referral Source

An accounts receivable director of a nursing home advised me about a disturbing Medicaid denial they received. The case had already gone to one Fair Hearing. The caseworker identified $60,000 of checks that she contended were made without receiving “commensurate return.”[1] During the hearing, she wanted to amend the finding so that $113,000 was improper and to deny benefits for 792 days. In Medicaid language, this means that it would not reimburse the nursing home until after the two years had passed. Not a great result for a 95-year-old widow suffering from Alzheimer’s disease. This was bad news for the facility and for the family. The family had no resources to self-pay.

The nursing home was interested in having the result reversed. They were already out approximately $40,000 in unreimbursed fees and were not relishing funding an additional $70,000. Clearly, the caseworker’s decision had to be examined and perhaps challenged. Eviction was not an option the nursing home was willing to consider. It also wanted to avoid funding her care. The administrator saw the value of paying an elder law attorney to represent the resident. Of course, the resident’s guardian agreed to the arrangement.

Training Builds Confidence

Lawyers with Purpose provides training that is useful in dealing with Medicaid eligibility gatekeepers. Sometimes caseworkers get things very wrong, resulting in improperly denied benefits. This case involved a “lookback period” which is 60 months prior to the Medicaid application. The agency looks for transfers for less than “fair market value.” Generally, the agency examines transactions with family members and often treats these as gifts. The amount of the gifts is then divided by that state’s reimbursement rate to compute the penalty period. For example, Oklahoma’s reimbursement rate is $143.70 per day.

$113,810 ÷ $143.70 = 792 days

Aside from the initial training, Lawyers with Purpose provides online content and webinars that reinforce and expand the initial training. It also connects attorneys through a Listserv email group where members can ask and answer questions. One-on-one legal technical service is also available.

Not Accepting Medicaid’s Answer

The caseworker acts as the initial gatekeeper. If an application is denied or penalty period is imposed, the applicant must be notified of the decision and provided with an opportunity for a “Fair Hearing.” If unsuccessful at the Fair Hearing, further appeals are available typically to the agency director, then to the state courts.

Federal Option

However, the state’s administrative process is not the only avenue for relief. Denials of benefits often trigger claims under 42 U.S.C. § 1983 which can be brought in federal court. A successful §1983 claim can entitle the victor to attorney’s fees. In many jurisdictions, this may be the best answer. It is good to review both federal and state decisions in order to determine the most advantageous route. In this case, the most expeditious way to challenge the caseworker was through the Fair Hearing.

Pretrial Preparation

This case involved review of the denial and of the Fair Hearing Packets. Family witnesses were interviewed and records examined. An opening brief demonstrated flaws in the caseworker’s logic and legal basis. It also involved developing the family story that showed the funds paid were for care, that there were time logs, and why the care was necessary. The state agency filed a reply, which used a different but nonetheless incorrect legal standard. Naturally, we filed a reply to the response.

The Hearing

Telephonic hearings are difficult, especially when using financial exhibits. About a week before the hearing, we delivered an exhibit that showed how challenged checks matched time records kept by the caregiver. Just like any trial, we wanted our evidence in and theirs out. Although not requested, we filed a brief containing the proposed findings of fact and conclusions of law. We received the decision about two weeks after the hearing. The themes in the briefs, testimony and exhibits were reflected in the findings and reasoning of the hearing officer. Of the $113,800 originally challenged, the administrative law judge found only $1,983 to be inappropriate. This reduced the penalty period from 792 to 13 days.

Don’t Be Afraid to Fight

I come from a litigation background, so a Fair Hearing is simple. Evidence standards are relaxed. It has the feel of a small-claims proceeding. There are few formal pretrial procedures, but it is good to play by the normal court rules of the jurisdiction. Informal requests for information normally resulted in production.

Conclusion

The imposition of a penalty period was based upon bogus views of the law and the facts. Despite being confronted with the applicant’s case, the agency was unwilling to make any substantial concessions. Unless the applicant won, she might have died without ever receiving any benefits. Ultimately, the administrative law judge agreed with the applicant’s position and accepted her facts. LWP’s training made the victory possible.

Richard Winblad,

Richard is an attorney and LWP member who practices estate and Medicaid planning in Oklahoma. He is a Veterans Affairs Accredited Attorney and provides educational programs to consumers and elder care professionals. Richard is president of the Oklahoma City Commercial Lawyers Association. His blog can be found at www.WinbladLaw.com

[1] The caseworker was using the incorrect term; what she really meant was that the resident did not receive anything in return.

If you want to learn more about becoming a Lawyers With Purpose member, give us a little information, then check out our membership benefits here: https://lawyerswithpurpose.com/Membership-Brochure-Registration.php

Congratulations to John Holden, Lawyers With Purpose Member of The Month

July 8, 2016

by Lawyers With Purpose with No Comment Coaching & Implementation Systems & Processes Team Building

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

I have had the honor of assisting a Vietnam Veteran and his family in the design and implementation of an asset protection plan that protected and preserved approximately 420 acres of land, 60 head of cattle, oil and gas production as well as a headright. It was gratifying to devise a plan that met the client’s wishes and also enabled the veteran to qualify for VA Pension Benefits. I would not have had the confidence or the skill to competently assist this family without the training and software provided by LWP.

What is your favorite tool?

So far, the LWPCCS templates. In addition, I have implemented the Risk Analysis Interview and have been able to use the Risk Analysis Letter and Funding Map to provide clients with a visualization of how to accomplish their stated goals of protecting most of their assets while positioning themselves for qualification for long term care assistance by means of either VA Pension Benefits or Medicaid. Further, the training videos for the various marketing workshops are helpful in the development of my marketing efforts.

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

Evidently, I must be the “other one per cent”, since I have no team. However, the support I have received with respect to legal technical and marketing issues has been extraordinary. I am also grateful for the encouragement I have received to get out of my comfort zone and to actively engage in marketing to my surrounding communities.

Share something about yourself that most people don’t know about you?

I am blessed with two (2) great kids. My daughter, Marlowe, is an actor in New York. My son, Taylor, is an audio performance engineer and works for Clair Global.

What is your favorite book and how did it impact your life?

A friend gave me a copy of “Purpose Driven Life” by Rick Warren at a particularly difficult point in my life. The book provided me with clarity and a path forward when I really needed it.

Victoria Collier Signs Publishing Deal With CelebrityPress® To Co-Author New Book

June 29, 2016

by Lawyers With Purpose with No Comment VA

Victoria Collier, Co-Founder of Lawyers With Purpose and Founder of The Elder & Disability Law Firm of Victoria L. Collier, PC, has joined Jack Canfield, along with a select group of experts and professionals, to co-write the forthcoming book titled, The Road to Success: Today's Leading Entrepreneurs and Professionals Reveal Their Step-By-Step Systems To Help You Achieve The Health, Wealth and Lifestyle You Deserve. Nick Nanton, Esq., along with business partner, JW Dicks, Esq., the leading agents to Celebrity Experts^® worldwide, recently signed a publishing deal with Collier to contribute her expertise to the book, which will be released under their CelebrityPress® imprint.

The Road to Success: Today's Leading Entrepreneurs and Professionals Reveal Their Step-By-Step Systems To Help You Achieve The Health, Wealth and Lifestyle You Deserve is tentatively scheduled for release in fall 2016.

A portion of the royalties earned from The Road to Success will be donated to Entrepreneur’s International Foundation, a not for profit organization dedicated to creating unique launch campaigns to raise money and awareness for charitable causes.

About Victoria Collier:

Victoria Collier has been helping lawyers find their legal niche within estate planning since 2006. Being a paralegal in both the United States Air Force and also in the private sector, Victoria learned from her mentors that being a “jack-of-all-trades” and a “generalist” would only bring boredom and burnout.

Since establishing her own law firm, The Elder & Disability Law Firm of Victoria L. Collier, PC, exclusively to assist individuals planning for the second phase of their life, Victoria has created niches within niches and coached hundreds of other attorneys to do the same. It is Victoria’s goal to help other professionals find their passion and create profit. Victoria’s client base ranges from lawyers, to authors, to work-from-home mothers.

Victoria knows how to work hard and smart. She moved from her parents’ house at age 17, still in high school and while working full time. After graduation, Victoria moved from Houston to Dallas, knowing only one person. Victoria worked several jobs simultaneously to support herself until she enlisted in the USAF at age 19. Victoria was trained as a carpenter and mason, being only one of two females in a shop of almost 50 men. Three years later she cross-trained and became a paralegal, prosecuting and defending military personnel. After six years of honorable service during the Desert Storm era, Victoria entered the civilian workforce in South Georgia as a paralegal working with people with disabilities. Inspired to do more, at the age of 29 Victoria enrolled in law school at the University of Nebraska – Lincoln, College of Law. Upon graduating, Victoria opened her own law firm focusing on estate planning, disability planning, and elder care planning. In 2006 Victoria began educating lawyers across the nation on the special benefits available to senior veterans who were disabled. She not only became the national expert in VA Pension Benefits laws, but she created a fast growing niche within the estate and elder care planning profession. Due to the changing atmosphere of elder care, Victoria is once again creating a niche in elder law and coaching lawyers on how to incorporate long-term care planning through the use of financial products within their law practice.

Victoria is the author of the top selling book, 47 Secret Veterans’ Benefits for Seniors, Benefits You Have Earned But Don’t Know About!; 47 Secret Marketing Strategies for Veterans Benefits Attorneys; and Paying for Long Term Care: Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit, Georgia Edition. Victoria has also co-authored the following books: Blooper Episodes in Estate Planning and Elder Law: Lessons From Prime Time TV, Georgia Edition, with Debbie J. Papay; Don’t Go Broke in a Nursing Home, Georgia Edition, with Don Quante; Protect Your IRA: Avoid the 5 Common Mistakes, with David J. Zumpano, CPA, J.D.; Running Through Life’s Lessons, with Jackie Clark; and Getting to Baby: Creating your Family Faster, Easier and Less Expensive through Fertility, Adoption, or Surrogacy, with Jennifer Collier.

About Celebrity Press^®:

Celebrity Press^® is a leading business, health and wellness book publisher that publishes books from thought leaders around the world. Celebrity Press^® has published books alongside Jack Canfield, Brian Tracy, Dan Kennedy, Dr. Ivan Misner, Robert Allen and many of the biggest experts across diverse fields. CelebrityPress^® has helped launch over 1500 best-selling authors to date.

Learn more at http://www.celebritypresspublishing.com

Stick to Your Guns Trusts: Impact of the Brady Act of 1993 on Incompetent VA Beneficiaries

June 28, 2016

by David Zumpano with One Comment Estate Planning Drafting Software Legal Technical

“We have received information showing that because of your disabilities you may need help handling your Department of Veterans Affairs (VA) benefits.” That is how the letter usually begins. A claimant may receive this letter after benefit approval, when the VA proposes a rating of incompetency, which usually means a fiduciary will need to be appointed to manage the VA funds. Generally, the letter does not come as a surprise – one can anticipate such a proposal when the doctor completes the VA form 21-2680 citing dementia or other illnesses that may affect the mind as a diagnosis and/or indicating that the claimant does not have the ability to manage his/her own financial affairs. However, you may not be aware of how the determination of incompetency, or the appointment of a representative payee for any reason, will impact your client’s Second Amendment rights. The VA spells it out for you in the same letter that proposes a finding of incompetency in the section titled “How This Decision Could Affect You”:

A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition. If you knowingly violate any prohibition, pursuant to section 924(a)(2) of title 18, United States Code, as implemented by Public Law 103-159 of the Brady Handgun Violence Prevention Act, you may be fined, imprisoned, or both. – VA Adjudication Manual M21-1, III.v.9.B.3.b.

In fact, once the finding of incompetency is finalized or a representative payee is appointed for any reason, including the applicant appointing one for convenience, the VA will forward to the Federal Bureau of Investigations (FBI) the name of the allegedly incompetent VA beneficiary to be placed in a database called the National Instant Criminal Background Check System (NICS). Anyone attempting to legally purchase a firearm in the United States should have their name checked against the NCIS database by the gun dealer before the final sale.

Fortunately, the VA also informs you of how to seek relief from the prohibitions of the Brady Act:

If we decide that you are unable to handle your VA funds, you may apply to VA for the relief of prohibitions imposed by the Brady Act with regards to the possession, purchase, receipt, or transportation of a firearm. Submit your request on the enclosed VA Form 21-4138, Statement in Support of Claim. VA will determine whether such relief is warranted. – VA Adjudication Manual M21-1, III.v.9.B.3.b.

The NICS Improvement Amendments Act of 2007 (NIAA) amended the Brady Act so the VA is obligated to allow incompetent beneficiaries the opportunity to request relief from the latter act’s reporting requirements. The NIAA places the responsibility for administering the relief program on the VA. Note that relief from the reporting requirements of the Brady Act is not considered a “benefit” under Title 38. Therefore, principles common to the VA’s adjudication process that benefit the claimant, such as “benefit of the doubt” and “duty to assist,” do not apply. The burden of proof for these requests resides with the beneficiary, and the requests must be clear and explicit. The application for relief from these prohibitions is reviewed by a Veterans Service Representative (VSR) who must determine whether there is “clear and convincing evidence [showing] the circumstances regarding your disability and your record and reputation are such that you are not likely to act in a manner dangerous to yourself or others, and the granting of relief is not contrary to public safety and/or the public interest,” according to VA Adjudication Manual M21-1, III.v.9.B.4.e.

In order to be successful, the application for relief must include a statement from a primary mental-health physician assessing mental health status over the last five years, medical information addressing any mental health symptoms and whether or not the claimant is likely to act in a manner dangerous to himself/herself or to the public, and evidence of his/her reputation, through character witness statements, testimony, or other character evidence. The VA will also seek your signature on a consent form that allows them to run a criminal background check. VA decisions that deny relief are not subject to review by the Board of Veterans’ Appeals. They are, however, subject to review in Federal District Court, and for this reason, all such decisions must contain a detailed explanation of the basis for denial.

To date, there has been no case pushed to the Supreme Court to determine if the actions of the VA are constitutional. David Goldman, a nationally recognized gun trust attorney, suspects it will likely take the involvement of the NRA or the Second Amendment Coalition to get a case heard before the Supreme Court on this issue.

Until that time, it is up to us to protect our clients and their firearms. In Henderson v. US (575 US ____ Docket No. 13-1487 (2015)), the SCOTUS held that a person not entitled under the federal law to possess firearms has not also lost the property right to the same. This decision makes gun trusts a vital tool. By placing the guns of a client who has been deemed incompetent into a gun trust, we can allow the client to maintain ownership of the guns the client wishes to protect. However, it is important to understand that the client cannot, under current rules, have actual possession of the firearms. This means the client cannot be the trustee of the gun trust and the firearms must not be accessible to the client. So, the trustee must lock the guns in a cabinet or move them to some other location the VA applicant cannot access. Failure to follow these rules can and has resulted in guns being seized from veterans.

Hopefully, this issue will get to the Supreme Court in the near future. However, in the interim, we need to proceed with caution in appointing representative payees in cases where it is not necessary for our clients with guns. When representative payees are necessary due to incompetence, the veteran may not maintain possession, but only ownership, of his firearms. The establishment of a gun trust under the correct guidelines can afford our clients the ability to maintain their guns.

If you want to learn more about becoming a Lawyers With Purpose member, click here to download our Membership Brochure and review all the benefits and tools available to our members.

By Sabrina A. Scott, Paralegal, The Elder & Disability Law Firm of Victoria L. Collier, PC and Director of VA Services for Lawyers with Purpose.