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June 2009
The Planner
A monthly newsletter for clients and associates
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In This Issue
Speaker's Bureau
Event Calendar
Listen In: When to use an Elder Law Attorney
Online Services Offer Estate Planning for the Digital Age
Keeping Mom and Dad Safe at Home
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Speaker's Bureau

Invite an estate planning expert to speak at your next community, professional, or company event.

Event Calendar - June/July
The Greening Law Firm, P.C., Austin

Please tell your friends about these upcoming events!  (Click any course title for details)
  • 6/2/09 and 6/9/09, 6:30 pm - 8:30 pm, Westlake High School, Austin
  • 6/4/09, 6:30 pm  - 7:30 pm, Sterling House
  • 6/11/09 and 6/18/09, 6:30 - 8:30 pm, Westwood High School, Round Rock
  • 6/16/09 2:00 - 3:00 pm or 6:00 - 7:00 pm, Austin Office 
  • 6/24/09 2:00 - 3:00 pm or 6:00 pm - 7:00 pm, Georgetown Office 
  • 7/9/09 5:30 PM Austin Cosmopolitan Rotary Club
  • 7/16/09, 2:00 - 3:00 pm Georgetown Office
  • 7/21/09, 2:00 - 3:00 pm or 6:00 - 7:00 pm, Austin Office
  • 6/16/09, 3:15 pm - 4:15 pm and 7:15 pm - 8:15 pm, Austin Office
  • 6/24/09, 3:15 pm - 4:15 pm or 6:15 pm - 7:15 pm, Georgetown Office
  • 7/16/09, 3:15 pm - 4:15 pm, Georgetown Office
  • 7/21/09, 3:15 pm - 4:15 pm and 7:15 pm - 8:15 pm, Austin Office
  • 7/29/09, 6:30 - 8:00 pm, Westlake High School, Austin
  • 7/30/09, 6:30 - 8:00 pm, Westwood High School, Round Rock
Estate Planning for Special Needs Families
  • 6/3/09 6:30 pm - 8:00 pm, The Park at Beckett Meadows, Austin, Alzheimer's Support Group of South Austin
IRA/401K: The Five Beneficiary Options
  • 7/8/09, 6:30 - 8:00 pm, Westlake High School, Austin
  • 7/16/09, 6:30 - 8:00 pm, Westwood High School, Round Rock
Events for Wealth Planning Professionals:

Ron Greening will speak at or host the following events for Wealth Planning Professionals:
  • 6/17/09 Texas Society of CPAs Austin Chapter, Free CPE Expo, Norris Conference Center
  • 6/17/09 12:00 - 1:00 pm, Austin Office, Interdisciplinary Lunch and Learn: Paying for Large Insurance Premiums
  • 6/24/09 12:00 - 1:00 pm CPA Lunch and Learn: Strategies to Use Tax Carryforwards (Note: Date changed from 6/23)
  • 7/10/09 7:00 AM, Texas Society of CPAs Austin Chapter, Special Needs Trusts seminar
  • 7/14/09 12:00 - 1:00 pm, Austin Office, CPA Lunch and Learn: Topic TBA
  • 7/15/09 12:00 - 1:00 pm, Austin Office, Interdisciplinary Lunch and Learn: Topic TBA
Greenbing Head-shot

Greetings to you from the attorneys at The Greening Law Firm, P.C. 

It could not have been more gratifying to read the responses from our Customer Satisfaction survey last month.  To those of you who responded already, I thank you for your kind words.  For those of you who did not get your chance to respond yet, it's not too late to be eligible to win the gift card.  We'll keep the survey contest active for three more weeks.  Please let me know how we're doing.

I will be pleased to hear from you in our survey and am, as always, available to you by phone at 512-476-0888 or e-mail, rongreening@greeninglawfirm.com.

We stand ready to serve you!

Wishing you a pleasant Summer,

                                                              tree2
Ronald G. Greening
The Greening Law Firm, P.C.
Listen In
When to use an Elder Law Attorney
Peter J. StraussIn this broadcast, New York Law School adjunct professor and, "grandfather of elder law," Peter J. Strauss discusses the circumstances that warrant contacting an Elder Law attorney regarding Medicaid planning to assist with long-term care.

Click here to hear it.
Online Services Offer Estate Planning for the Digital Age
Once upon a time, when life was less complicated, a safe deposit box key was all loved ones needed to unlock the secrets of a life recently ended. Today, many aspects of our lives -- both financial and personal -- are lived in places accessible only by password. We have e-mail addresses, Facebook and MySpace profiles, and accounts with PayPal, eBay, and online brokerages and banks. In addition, many people communicate regularly with people they know only through game or social networking sites.

When a person dies, access to these accounts and contacts can be lost or extremely difficult to retrieve. As a result, a small online industry has sprung up to help people pass on the digital keys to their online lives should they die or become disabled. Call it "digital estate planning" or creating a "virtual executor."

On a typical site, users sign up and pay an annual fee to upload everything from crucial online passwords to gym locker combinations into a private account. Upon the user's death or disability, the individuals they have designated to receive this private information are notified about how to open the account and access the information. These people may also receive final wishes and a farewell e-mail from the deceased. Some sites even allow users to store estate planning documents like wills and advance directives.

For example, AssetLock (formerly YouDeparted.com) offers a "secure safe deposit box" to hold such things as digital copies of important documents, final messages for family and friends, passwords, hidden accounts, and lock combinations. Once a minimum number (set by the owner) of recipients sign in and confirm the owner's death, the account is unlocked after a time delay (which also can be set by the owner). Similar services are offered by Deathswitch, LegacyLocker and Slightly Morbid.

Other services focus on assisting people in sending important messages to loved ones. GreatGoodbye allows users to store e-mails, photos and videos that will be sent to those closest to them in the event of their confirmed death. Similar services are offered by EternityMessage and Last Post.

You can read more about these services in articles in USA Today and PCWorld.
Keeping Mom and Dad Safe at Home
Generally, elderly parents want to remain living in their own home. However, remaining in the home becomes a concern when children see their parents slowing down, perhaps even having trouble with handling stairs and doing general daily activities. Yet, with parents' mental and physical health currently not creating problems, there seems to be no imminent need to search out support services or other accommodations for aging parents.
 
This is the time to evaluate the home to make it safe and secure for your loved ones -- now and in the near future -- in anticipation of age-related disabilities that may occur. Help and support are available. The nation as a whole is more aware of elderly needs and services and products are becoming available at a rapid pace.
 
The Bureau of Labor Statistics states,

"Employment of personal and home care aides is projected to grow by 51 percent between 2006 and 2016, which is much faster than the average for all occupations. The expected growth is due, in large part, to the projected rise in the number of elderly people, an age group that often has mounting health problems and that needs some assistance with daily activities." Bureau of labor Statistics-Occupational Outlook Handbook, 2008-09 Edition 

This growing need for aides and services also encompasses 
  • home remodeling services -- making a home more serviceable to the elderly;
  • safety alert systems and technology;
  • motion sensors to monitor movement;
  • telehealth services -- using home-based computer systems for the doctors office or a nurse to monitor vital signs and
  • even a pill dispenser that notifies when it is time to take medication. 
Where do you begin to make sure your elderly family member is safe and managing well in his or her home?
 
Visit often and at different times of the day and night. Make note of daily activities that appear challenging and where changes might be made to add safety and convenience. Remove rugs that slide -- causing a fall -- and move furniture with sharp edges. Set the water heater at a lower temperature. This will protect their older sensitive skin from scalds and burns. Be sure smoke detectors and carbon monoxide detectors are in place.
 
Bathrooms are a hazard area for the elderly. Grab bars by the toilet and shower are a must to help prevent falls. There are easy to install bars at your local hardware store if you want to do the work yourself. Another item that is good to have is a shower stool or chair.
 
If you are not sure what needs to be done, consider hiring a professional. There are companies that specialize in home remodeling and accommodation for seniors. Michelle Graham of Accessible Design by Studio G4 says about senior home remodel projects,  
"The main thing we incorporate in all of our projects is a careful study of needs and potential needs that may develop throughout a client's lifespan."

Keep in mind which future home adjustments might be needed for your parents to, "age in place," in their home.
 
Home safety or medical alert companies provide GPS-based bracelets or pendants to track the elderly at home who tend to wander. Or the companies may provide alarm devices such as pendants or bracelets which allow the elderly to alert someone if there has been a fall or a sudden health-related threat. In the event an alarm has been triggered, a 24-hour monitoring service will alert the family or medical emergency services or call a neighbor depending on previous instructions. In addition there are companies that will install motion sensors in the home to monitor the elderly round the clock.
 
Don't forget your parents' community as a valuable resource for helping them stay in their home. Take Margaret Muller as an example. At 82 years of age, Margaret lives alone in her small home. She manages very well with the help of her local Senior Center. The Center's, "Senior Companion," program sees that Margaret is taken to the store for groceries and other needs and checks in with her often to see how she is doing. Once a day, the Senior Center delivers a hot healthy meal to her door. Having these services and visits gives Margaret the help she needs and peace of mind that she is not alone.
 
Neighbors, local church groups, senior centers and city centers are some places to look for assistance. Most of the time there is little or no cost for these services.
 
Your state aging services unit is a valuable community resource. The National Area on Aging website www.aoa.gov states:
 
"AoA, through the Older Americans Act and other legislation, supports programs that help older adults maintain their independence and dignity in their homes and communities. In addition AoA provides funding for a range of supports to family caregivers."
 
Some of the programs the site lists are:
  • Supportive Services and Senior Centers
  • Nutrition Services
  • National Family Caregiver Support Program
  • Grants for Native Americans
  • Nursing Home Diversion Grants
  • Aging & Disability Resource Centers
  • Evidence-Based Disease Prevention
  • Long-Term Care Planning
  • Alzheimer's Disease Grants
  • Naturally Occurring Retirement Communities
A few thoughts on hiring home care aides or live-in care givers.
The classifieds are filled with people looking for work as aides to the elderly. Many of these aides are well-qualified, honest people who will do a good job; but, of course, there will be some not so reputable. If you are looking to hire someone, be sure you interview and check references and qualifications. You will be responsible for scheduling that person and doing payroll and taxes as well. Be very sure you hire someone trustworthy, as the elderly seem to trust these helpers more than they should and therefore can easily be taken advantage of.
 
A professional home care service will eliminate your employment concerns. Professionally-provided aides are usually bonded and service is guaranteed. Home care companies take care of the scheduling and payment of their employees. Home care companies cater to the elderly in their homes by offering a variety of services. These providers represent a rapidly growing trend to allow people needing help with long term care to remain in their home or in the community instead of going to a care facility. The services offered may include:
  • companionship
  • grooming and dressing
  • recreational activities
  • incontinent care
  • handyman services
  • teeth brushing
  • medication reminders
  • bathing or showering
  • light housekeeping
  • meal preparation
  • respite for family caregivers
  • errands and shopping
  • reading email or letters
  • overseeing home deliveries
  • dealing with vendors
  • transportation services
  • changing linens
  • laundry and ironing
  • organizing closets
  • care of house plants
  • 24-hour emergency response
  • family counseling
  • phone call checks
  • and much more.
Thomas Day, Director of the National Care Planning Council states, "Care in the home provided by a spouse or a child is the most common form of long-term care in this country. About 73% of all long term care is provided in the home environment typically by family caregivers."

As their caregiver, you can make the difference in the quality of life for your aging parents and if staying in their home is a possibility, you have the resources to make it happen.

Practice Limited to Estate Planning, Estate Administration, Probate, and Elder Law

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506 West 15th Street, Austin, Texas 78701, 476.0888
1601 Williams Drive Georgetown, Texas 78628, 931.0888


The hiring of an attorney is an important decision.  The items discussed in this newsletter are of a general nature and not intended to provide legal advice.  Please consult with a qualified estate planning/elder law attorney to determine the best options for your personal circumstances.

In accordance with IRS Circular 230, the content of this newsletter is not to be relied upon for the preparation of a tax return or to avoid tax penalties imposed by the Internal Revenue Code.  If you desire a formal opinion on a particular tax matter for the purpose of filing a return or avoiding the imposition of any penalties, please contact us to discuss the further Treasury requirements that must be met and whether it is possible to meet those requirements under the circumstances, as well as the anticipated time and fees involved.

To comply with the U.S. Treasury regulations, we must inform you that (i) any U.S. federal tax advice contained in this newsletter was not intended or written to be used, and cannot be used, by any person for the purpose of avoiding U.S. federal tax penalties that may be imposed on such person and (ii) each taxpayer should seek advice from their tax advisor based on the taxpayer's particular circumstances.