topLAW OFFICES Of BRADLEY J. FRIGON

 

6500 S. Quebec Street, Suite 330

Englewood, CO 80111
720-200-4025     720-200-4026 (fax)
In This Issue
Schiavo Case Underscored Uncertainties in End-of-Life Planning

 

 


 


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Brad's email is bfrigon@bjflaw.com (and has permanently replaced frigonlaw@qwest.net). Please make a note of it!

  

Bradley Frigon and Bryan Benbow are contributing authors to the 4th Edition of the Elder Law in Colorado (formerly Colorado Handbook of Elder Law) published by the Colorado Bar Association. It is now complete and is available to order at www.cobar.org or call (303)860-0608.

  

To order Brad's book Fundamentals of Special Needs Trusts with Stuart D. Zimring and Rebecca C. Morgan, click here or call 1-800-223-1940.

 

The Law Offices of Bradley J. Frigon  has earned an A+ rating and is considered an accredited business with the BBB.  The rating was awarded based on the BBB's information gathered on our practice and the length of time we have been operating with no complaints.  We are proud to announce that we have been nominated for the BBB's Torch Award for 2011.   
 
To order Brad's new book Fundamentals of Special Needs Trusts with Stuart D. Zimring and Rebecca C. Morgan, click here or call 1-800-223-1940.
  
  
  
  
  
 
 

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Your Estate, Probate and Long-Term Care Planning Newsletter
August 2011
UPCOMING EVENT

 

Brad in library

September 14, 2011 at 7:00 p.m.

 

"How to Select or Replace a Trustee and Important Instructions for the Trustee."

Presented by Bradley J. Frigon

 

National Alliance on Mental Illness, 155 Inverness Drive West, 2nd floor of the ADMHN Building, Denver, Colorado, 

 

Mr. Frigon is a certified elder law attorney in private practice in Denver and a frequent presenter to attorneys, CPAs, and financial planners on elder law, estate planning, special needs trusts, individual tax planning and tax related issues.  He is the author of numerous published articles, books and an adjunct professor at Stetson University College of Law. 

 

Please contact vmckay@bjflaw.com if you wish to attend.

NAELAVisit our New Website!
 

We are pleased to announce the launching of our new website! Simply go to www.bjflaw.com and our new site will be at your fingertips.  We have used a walk-on video of Brad Frigon welcoming visitors to the site so please take a look and see what you think of this new addition.

 

We developed our new website to help guide you and your family through the legal aspects of estate planning, including wills and trusts, probate, preparing and protecting assets for long term care, tax matters and special needs planning.  Our hope is that we have made our site easier to navigate, provided our clients with helpful information to answer some preliminary questions, and included client forms for you to complete to prepare for your initial meeting at our office.

 

Additionally, we have expanded on Brad's background to give you a better picture of his experience and expertise.  In addition to practicing law, Brad is a national speaker/presentor, law school professor, author, expert witness and principal in Practical Planning Systems, a HotDocs estate planning system.

 

 

nursing home

The long legal battle over the fate of Terri Schiavo cast a much-needed spotlight on the importance of medical directives like living wills for end-of-life planning. But the case has also underlined the unfortunate reality that even the best-laid plans may not be sufficient. 


Like two-thirds of Americans, Ms. Schiavo had no living will when, at age 26, a heart attack cut off oxygen to her brain and she fell into what doctors characterized as a "persistent vegetative state." Because Ms. Schiavo lacked a living will -- in which individuals can communicate their end-of-life wishes if they are unable to do so themselves courts had to rely on her husband Michael's assertions that Ms. Schiavo would not have wanted to have her life prolonged. The courts ultimately agreed with Mr. Schiavo and appointed him as her guardian, giving him the power to make health care decisions for her. 


In legal terms, at this point Ms. Schiavo had what she should have had all along: the equivalent of a living will and someone to ensure that her wishes would be carried out (called a health care proxy or health care power of attorney). And yet her case went on, with her parents continuing to fight to keep her alive. 


The lesson is that despite an individual's best efforts to make their end-of-life wishes known, determined family members can always tie things up in court. It's just that they will be less likely to do so if the ill person's wishes are clearer than Terri Schiavo's were. In her case, her parents challenged her husband's account of her wishes up to the very end since she did not put them in writing. In addition, family members in other cases would not be as likely to garner the political support that Ms. Schiavo's parents received in this matter. 


Another difficult question raised by the Schiavo case is, when is someone beyond hope? Was Ms. Schiavo in a persistent vegetative state, or something else? Was she occasionally responsive, as her parents claimed, or were her apparent reactions to loved ones merely reflexive, as doctors maintained. The case is a reminder that in an age of medical and technological miracles, there often is no clear line separating life and death. 


Although the Schiavo case made clear that there are no guarantees and many gray areas, the best way to ensure that your end-of-life wishes concerning medical treatment will be respected is to create a living will and appoint someone you trust who will have the legal authority to ensure your wishes are carried out. If her case serves to awaken more Americans to the need for such advance planning, Terri Schiavo's legacy will have been profound indeed. 


A living will should be just one part of an overall estate plan. For more on living wills and other estate planning matters, click here to contact our office.   

Speaking Engagements
Brad in library

July 20, 2011: "IRA and Trust Beneficiary Rules."  Webinar developed and presented for the Practical Planning System.   To view, click here

 

August 11, 2011: "IRA and Trust Beneficiary Rules--Part 2." Webinar developed and presented for the Practical Planning System.  To sign up for the Webinar, click here.  

 

September 7, 2011:  "Is Using an A/B Trust Still A Good Idea," Webinar developed and presented for the Practical Planning System. To sign up for the Webinar, click here.  

 

September 14, 2011, 7:00 p.m.:  National Alliance on Mental Illness, 155 Inverness Drive West, 2nd floor of the ADMHN Building, Denver, Colorado, "How to Select or Replace a Trustee and Important Instructions for the Trustee." Please contact vmckay@bjflaw.com if you wish to attend this seminar.

 

October 20 and 21, 2011:  2011 Special Needs Trusts, The National Conference, The DonCeSar Beach Resort, St. Petersburg, Florida. "Taxation of SNT's," and "Drafting a Medicare Set Aside Sub Trust into a SNT." 

 

November 8, 2011:  National Aging and Law Institute, NAELA Advanced Elder Law Bootcamp, Boston Seaport Hotel, Boston, Massachusetts. "Employment and Retirement." 

 

For a complete list of Brad's speaking engagements, please visit our website.

Referrals - The Greatest Compliment
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We always appreciate referrals from our satisfied clients, friends, business  partners, and  their  family members. We welcome the opportunity to serve the  people you care about. Please use the "Contact Us" link near the top of this Newsletter to contact our staff.  

 

Click on the "Forward Email" at the bottom of the page to send this newsletter to someone who will benefit from our advice.

The Law Offices of Bradley J Frigon
6500 South Quebec Street, Ste. 330
Englewood, CO 80111
Phone: 720.200.4025     Fax: 720.200.4026