I don’t know how many people fly to various destinations across the U.S. from Baltimore via the Charlotte Airport travel hub, but I assume it’s quite a lot.  Having done so many times, my experience has been that on some of the small commuter airplanes that routinely fly the Charlotte route the ride can be quite rough.  My wife laughs at me when I affectionately refer to any Charlotte lay- over flight as a “rattletrap”, since one time in particular, the plane literally sounded like it was rattling and squeaking all the way, and figuratively lurching towards the runway touch down.  Of course there are very smooth flights to Charlotte from Baltimore, and I recently rode on one of those and it was amazing – a fifty minute scheduled flight that arrived fifteen minutes early!  And turbulence, let’s not forget about that.  I don’t like it, and again I will say that the southern flight routes always strike me as more turbulent than others, like the smoother long-distance Midwestern routes, to Denver for example (except for in and around Denver airport!).  Oh well,  I guess none of it is predictable!

All this thinking about the characteristics of modern flight travel gets me thinking about the current state of our politics, and more specifically, the 2017 Tax Act.  I’m serious!  How analogous can these two things be?  I mean you can’t make this stuff up, regardless of which side of the political runway (flight path) you’re on!  So first we’ve had a lot of shaking, rattling, and rolling for the past eighteen months in Washington and across the country.  Really?  Well yes –  unbelievable, and perhaps unprecedented events, including political infighting, eye-popping initiatives and attempts to foil them, upheavals, policy changes (both domestic and foreign), questions and shifts concerning traditional notions about government and its institutions, attacks on the press, interference in our electoral processes by foreign governments, turmoil of seemingly every kind, and much, much more.  And yet, from an estate planner’s point of view, by and through the 2017 Tax Act, along with Portability now a “permanent” fixture of the estate tax landscape, it is a remarkably smooth ride for 99% of U.S. citizens – from both an estate tax and income tax perspective.

Quite literally, the current administration and the Congress, despite the rollicking barrel rolls, vertical climbs, mid-air stalls, nose-dives, and general free ride of 2017 and through mid- 2018, have managed to land a legislative jumbo jet by passage of the 2017 Tax Act in December.  Now hold on some will say.  Okay, I agree we’re not talking about wins for seniors or people with disabilities here.  But from a pure estate planning perspective, this is a friendly monster with almost all the right colors and political stripes – a routine flight that intended to go cross-country but somehow became epic, broke the stratosphere, and landed on the moon.

Now, back to reality.  Let’s explore the Act in a limited way for purposes of this article.  You can read about it in further detail via a multitude of summaries and articles put out by tax services, brokerage firms, trust companies, and news organizations; or, you can read the complete voluminous Joint Explanatory Statement of the Committee of Conference.  First, let’s be clear – there are winners and losers due to the Act.  And like any legislation of this magnitude, there are purely personal and business income tax-related portions, which are hugely important and affect all of us; and concerning our further purposes here, estate and gift tax-related portions and their effect on clients’ estate planning.

Although the following is not meant to comprise an exclusive list, changes of major importance on the purely personal income tax side of the Act include:  new rate brackets, with top rate of 37%; changes to standard deduction and elimination of personal exemption; simplification of Kiddie Tax; increase of Child Tax Credit; changes to charitable deduction; limitation on deduction of home mortgage interest; limitation on state and local income tax deduction; non-deductibility of miscellaneous itemized deductions; Qualified Business Income Deduction (I.R.C. §199A); Alimony payments not deductible, and not income to recipient; increase in AMT exemption; elimination of health insurance mandate.

Changes of major importance on the purely business income tax side of the Act include: reduction in corporate tax rates (top rate of 21%); and tax-favored treatment of business income from pass-through entities (I.R.C. §199A).

The Act’s direct impact on estate planning (trusts and estates) cannot be understated – it is simply astonishing.  The federal estate tax exemption or the basic exclusion amount for individuals is now calculated by experts to be $11.18 million, or $22.36 million for a married couple.  That is more than eleven times the size of the basic exclusion amount then in existence when this writer first began his legal career.  This means that the federal estate tax, while not completely abolished, is practically eliminated for 99.5% of decedents. And the gift tax exemption? That is $11.18 million also. This changes everything! Well maybe not everything, because for example the new exemption amounts “snap back” to the prior exemption level of $5,490,000 per person in 2026; but it possibly changes many of the assumptions we’ve always made – for example, that strategic use of the now $15,000 annual exclusion gift amount or estate tax charitable deduction is so critically important.  But are they?  On the other hand many fundamental concepts in estate planning remain largely unchanged and most of the staple planning approaches used over the past several years remain viable and leading edge, such as QTIP trust planning between spouses; although of course there are different planning techniques available for people with assets under $5 million, assets between $5 million and $11 million, assets between $11 million an $22 million, and assets exceeding $22 million, and in any event men and women of all ages still (and always will) need to provide for their surviving spouses, partners, significant others, children, nieces and nephews, other loved ones, pets, and organizations the way they want, and at the lowest possible cost, while providing for the lifetime management of their own financial and health care affairs.  Except that now, it is possible to design and construct these foundational planning elements into your planning better, easier, and with more flexibility and asset protection than ever, and with the lowest possible income tax ramifications ever.  Yes, it is an exciting time to engage in estate planning.  But what is there to talk about now that the estate tax has effectively been eliminated (at least on the federal level)?  Well, … everything?  To name just a few topics of major concern:  understanding how and why income tax is the “new” estate tax; the ramifications of outright distribution; how to plan for disability or incapacity; dealing with long-term care costs; disposing of tangible personal property; understanding inheritance tax; how to leave assets between spouses; planning where there are unmarried partners; marital control; planning for retirement plan assets; long-term care asset protection for spouses; lifetime asset protection; planning for the shares of children and grandchildren; providing for pets; designing flexibility in planning; trust protectors and other special fiduciaries; asset protection for marriage – pre-nuptial and post-nuptial agreements; planning for persons with disabilities; housing issues; Social Security and Medicare; philanthropy; elder law and Medicaid issues; and much more.

In wrapping up this article, how do we keep from shaking and rolling too much during the years to come despite all the changes happening around us?  Well, if you are age fifty or older, you know that’s probably not possible – there’s going to be a lot of this during life and it’s unavoidable.  But if you responded “periodic plan updating”, you are not only right, you hold the key to the smoothest possible flying over time, with the least worry.  We all want a smooth flight versus a turbulent one – yet only a minority of people plan, and of those planning-oriented folks, only about one-third are willing to become truly educated about their planning, keep the plan updated throughout the years, and thereby remain in control of that one aspect of planning they have near complete control over.  I recently watched a film produced by the famous independent filmmaker, Werner Herzog, about the child (now an adult) who survived a Peruvian airplane crash (she was the only survivor).  Perhaps you’ve seen it, but if not the film outlines an amazing story of survival – not only the child’s actual fall from the sky into the rainforest, but her experience during the days and weeks following the crash as she walked out of the jungle, reached civilization, and was finally rescued.  We have the ability to control the outcome of our estate planning, and we don’t have to let it crash, even when the months and years ahead seem unpredictable, full of high speed turbulence, and unpredictable change.  Recognize that in estate planning, you are not a passenger – and you are not in a passenger’s seat – unless you choose to be.  You are the pilot.

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A nationwide movement has been underway since the late 1990s to improve end-of-life health care planning by individuals.  While Advance Directives including Living Wills and Do-Not-Resuscitate Orders (DNRs) have been widely used to address future decisions regarding life support, pain relief and the administration of nutrition and fluids, they do not capture a patient’s preferred level of medical intervention for care either on a routine basis or on an urgent basis due to an acute medical condition.  To give individuals the opportunity to express their medical treatment preferences, a process developed that begins with conversations between physicians and patients about available treatment options, and provides forms that record the patient’s preferences for all of the patient’s health care providers to see.  Throughout the various States, these forms are known as physicians’ orders for life-sustaining treatment (POLST), medical orders for life-sustaining treatment (MOLST), physicians’ orders for scope of treatment (POST), and medical orders for scope of treatment (MOST).  The National POLST Paradigm Task Force provides guidance for successful implementation of such forms.[i]  In Maryland we have the Maryland MOLST Training Task Force.  The State provided regulations for the use of Maryland’s MOLST form in July 2013.[ii]

Who Should Have a MOLST form?

Regulations require the MOLST forms be completed at assisted living programs, home health agencies, hospices, kidney dialysis centers, and nursing homes for newly admitted patients and at hospitals for certain patients.  In addition, the rule of thumb is that any person for whom it would be true that a doctor would not be surprised if the person died within the year should have a MOLST form.  Anyone of advanced age or frail health or both, should have a MOLST, even those individuals who are not terminally ill, in a persistent vegetative state or suffering from an end-stage condition.  Persons in these categories should have a conversation, or a series of conversations regarding end-of-life care with a health care provider.  Ideally, the conversations are a team effort by all involved in the person’s care and decision-making.  End-of-life care is an evolving field.  Understanding the nature and effects of treatments, procedures, medications, and methods is important for every patient, and requires open and frank discussion.

The Shortcomings of Advance Directives and DNRs

Most of us are familiar with a typical Advance Directive that includes a Living Will.  Such a document allows an individual to specify whether or not to be administered life-sustaining treatment, as well as nutrition or fluids, if the person has no expectation of recovery from a terminal condition, a persistent vegetative state, or an end-stage condition.  The Advance Directive is executed with a hypothetical future health event and goes into effect in the future, when the client is no longer capable of make health care decisions.  At such time, the agent appointed in the directive has decision-making authority on the patient’s behalf.

Most of us are also familiar with Do-Not-Resuscitate

(DNR) orders, which prevents resuscitation in the event of cardiopulmonary arrest.  Such orders are issued by physicians for certain patients after conversation with the patient or the patient’s decision-makers.

Neither the Advance Directive nor the DNR provides a client the opportunity to specify the kind and level of medical intervention, during or at the end of life, that reflect the client’s preferences, values and goals.  The choices are either for no intervention at all or full intervention.  A MOLST allows the patient to clearly and accurately identify the desired level of care from among the available treatment options as they are explained to the patient or the patient’s health care decision-makers by a physician, physician’s assistant or nurse practitioner.  The care related decisions can be addressed separately from the choice regarding DNR orders. Thus, a person may not want to be resuscitated, but, in all other situations, the person may want more or less aggressive care.  Since the patient may lose the capacity to participate in the conversations, it is still important to have an Advance Directive that appoints a health care agent, who can talk with the patient’s health care providers on behalf of the patient.

What Treatment Categories does the MOLST Cover?

The Maryland MOLST allows the patient to make informed choices regarding the administration of antibiotics, nutrition, fluids, ventilation, blood transfusion, hospital transfer, medical workup and dialysis, in addition to cardiopulmonary resuscitation (CPR).

As part of the conversation with medical staff regarding the treatment categories, the staff will summarize key facts and opinions about the patient’s medical situation and prognosis, and the relevance of various treatment options.[iii]  The medical staff is expected to ensure that the patient’s choices are informed as a result of the consultation with the physician, physician’s assistant or nurse practitioner, who signs the order.

Since a patient’s medical needs are likely to change over time, it is important to continue to have these conversations.  The MOLST can be updated when the patient reverses an earlier decision based on changes in his or her medical condition.

What is the Purpose of the MOLST Worksheet?

An individual who is not currently facing an acute medical condition and has capacity to discuss health care treatment options with a health care provider, has the option of completing the MOLST Worksheet.  The worksheet is part of the MOLST and allows a person to document treatment preferences for future situations.  If and when the time comes that the person needs a MOLST, the worksheet provides valuable input for the completion of the MOLST form.  The topics covered by the worksheet are the same as those addressed on the MOLST form. An individual may chose which of these topics to address.  There is no requirement that all categories be worked on.

Minors with Terminal Illnesses and Individuals with Disabilities

Some states allow minors with terminal illnesses to have POLSTs, and some provide a section for special concerns of individuals with disabilities.  The Maryland MOLST does not provide a section for individuals with disabilities.

MOLST Need to be Kept Where They Can Be Found – the Registry

Emergency Medical Technicians (EMTs) or first responders will respect and implement a patient’s wishes.  They can only do so, if they see the MOLST.  A physician can provide guidance on where to keep the form; on the bedside table or room door, for the bed-ridden patient, on the refrigerator, in the purse, or any other place where it can be discovered before procedures are started that may go against the patient’s wishes.

Some states maintain a registry for their residents’ POLST or MOLST forms.  The advantage of a registry is that EMTs and other providers have access to the forms.  Maryland has such a registry.

Legal Protections

A competent individual’s use of a MOLST, properly executed in accordance with local law, is protected by constitutional and common law.  The Due Process Clause protects our deeply personal liberty to reject medical treatment.  Since the form is completed after conversations with the physician, a patient’s informed consent, as well as the individual’s liberty and privacy concerns are satisfied.  A health care provider’s refusal to honor a MOLST would implicate common law and constitutional violations at the least.

The U.S. Supreme Court has been united in its view that a competent individual, absent a specific compelling public interest has a right to refuse medical treatment.

“On balance, the right to self-determination ordinarily outweighs any countervailing state interests, and competent persons generally are permitted to refuse medical treatment, even at the risk of death. Most of the cases that have held otherwise, unless they involved the interest in protecting innocent third parties, have concerned the patient’s competency to make a rational and considered choice.”[iv]  This language is decisive for the constitutional validity and enforceability of a MOLST.  It announces that each person has a fundamental liberty interest to control his or her medical care.

The MOLST Should Be Signed By the Patient

The Task Force recommends that the MOLST be signed by the patient to ensure that there was at least some communication about the form with the patient or the patient’s health care agent.  Such a requirement would increase the confidence that the form reflects the patient’s informed decisions.

Fiscal Considerations

Patients who do not wish to have very expensive treatments, benefit from having a MOLST that is properly implemented.

MOLST Has to Be Part of Estate Planning and Elder Law Consultations

The Medical Orders for Life Sustaining Treatment (MOLST) form and associated worksheet are part of a comprehensive estate planning consultation.  Estate planning and elder law attorneys needs to draw clients’ attention to the existence and function of this form.

[i] The Center for Ethics in Health Care at Oregon Health & Science University first convened the task force. See OR. POLST TASK FORCE, GUIDANCE FOR OREGON’S HEALTH CARE PROFESSIONALS 6, 17 (2013), available at http://www.polst.org/wp-content/uploads/2013/ 12/2013.12.26-OR-Guidebook-2013.pdf

[ii] The Department of Health and Human Services regulations are found in COMAR 10.01.21

[iii] See Health Care Decision Guide for Health Care Professionals by the Maryland MOLST Training Task Force, May 2012.

[iv] 1 Cruzan, 497 U.S. at 273 (quoting In re Conroy, 486 A.2d at 1225).

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There are right ways and wrong ways to go about rightsizing, home selling, and selecting your new home, and it’s never fun having to experience the “learning curve,” especially if it’s been many years since you have moved. The process of home selling has changed greatly thanks to technology and the invention of the Internet.  Expectations by Buyers are also very different these days, making an experienced agent invaluable for guidance and advocacy.  Remember, feeling that the move (the house, the contents, choosing where to move, setting up a new home) will be overwhelming is normal!

In my role as my Team’s senior move specialist, my joy is to work along with our real estate agents to help our older adult clients navigate the entire process with a complete array of resources and services in full support, all the way through settlement and beyond.

Previously in this newsletter, I provided guidance on choosing the right agent, what happens during the home visit by the agent including an examination of market analysis & pricing, timing of the sale, and staging.  Next steps for navigating the process?

Relocating:

Where are you going? This is one of the first questions your Agent should ask in order to understand the overview of your needs and to create your best path. Different and common scenarios include moving to a condo or one-level home, in with adult children, moving out of state to retirement meccas such as Florida and Arizona, and moving to local retirement communities. One of my passions is making sure that Sellers are as educated as possible about all of the choices available to them. Many people don’t know the very important differences between 55+, CCRC, Independent or Assisted Living communities and the health and financial formats for each can vary greatly. For example, some communities require health as well as financial clearances, some have buy-in fees and some do not. Some are fee-simple ownership and some have leases, even if they appear to be similar. If you are moving to a location that has not incorporated safety features found in “universal design” construction, be sure to ask for resources for the specialty companies who install grab bars for example, as these can literally be life-savers. Sometimes in-home care is needed if your loved one has been ill and needs help in the interim before the move. I take pride in being able to share these resources as well.

Senior Living Search:

Did you know that there are specialists who can help with your research into the various kinds of senior living communities? Life Care Managers are able to help guide you to the communities that would be your best fit and are also able to provide assessments for level of care, family counseling, and to be a part of the conversation between legal and financial advisors for families when a move is happening quickly or unexpectedly due to health events or the loss of a loved one. Sharing this resource with my clients is often a life-saver for families when events feel overwhelming and an expert is needed.

Downsizing:

Downsizing possessions is your next target. Ideally you have been chipping away at this task well ahead of time, as it can be a lot to tackle simultaneously with preparing your actual home. You will want to have a grasp of the square footage and storage you’re leaving and those figures for where you’re moving to, and you’ll also want a space plan to help you decide what you will want to take and, more importantly, what will fit, look great and serve you in your new home. Once you know what you’re taking, decide what you’d

like to offer to family and friends if treasured heirlooms or larger pieces just don’t work in the new space. Hold on to everything else in order to research and have the best outcome from a potential estate sale. The more items you have, the larger the sale, the more likely you are to have a higher-dollar final sale, so don’t let your items be “cherry-picked” prior to having a professional consult with an estate sale expert. Then you can identify what items aren’t saleable and arrange for donation and maybe a tax benefit. Finally, you may need your home to be “cleared” of any last items, which can be done by friends & family or by a professional hauler.

Moving:

If it’s been years since you have moved, you should rely on your Agent for recommendations for a trusted professional mover who is well-established and also offers short and long-term storage. For short-distance and smaller moves, some real estate firms offer free moving trucks as a convenience and cost-savings to their clients. Move Managers, also called Transitioners or Downsizers, are a relatively new type of moving service and they can be a boon to you if you are overwhelmed, busy, distracted, and in need of “more” than what an ordinary moving company is able to provide. These providers can help coordinate work being done to prepare the home for selling, estate sale processes, space planning the new home, sorting, packing, the actual move, unpacking and setting up on move-in day. Think boxes gone, pictures hung, clothes in closets and beds made. They are an amazing resource and the best ones work closely with your Agent.

Power Of Attorney:

I have many stories about the problems my clients have faced when they did not have a Power of Attorney in place. Many clients have one that turns out to be non-functional due to being old or “stale” or written without sufficient detail such that it is not enforceable. Make sure you have one, and make sure it’s recent and air-tight! Unforeseen health events that cause homeowners to be unable to complete contracts during the home selling process have caused a lot of heartache, trouble, expense and complete destruction of planned-for timelines in the sale/move/purchase timetable. Consulting your current attorney, or better yet, upgrading to an elder law specialist, is one of the best things you can do for yourself, your spouse, and your family.

Financial Management:

Even though the demands of selling and moving make you extremely busy in the short term, this is still a time when it is ideal to revisit or create the best financial structure for your future. Think both big and small picture. Having guidance for the savviest ways to handle your homeselling profit, your retirement community’s buy-in expenses, understanding capital gains, etc. are important opportunities to design the best outcome for the long term. For the day-to-day, I like to make sure there is awareness of professionals called Daily Money Managers. They are exactly what they sound like and are an important resource for people who no longer want the tasks associated with managing their finances, who are struggling to maintain them due to health reasons or the demands of technology, and perhaps most importantly for spouses who are at sea if the managing spouse becomes ill and is no longer able to maintain the household accounts. I strongly encourage all of my clients to consult with a Daily Money Manager as part of their pre-crisis planning, and if health issues are already looming, do not wait to learn about this service and put it in place. The opportunity for teamwork between the professional and both spouses is a golden one, and early intervention means that the ill spouse can be a part of the hand-off, and that a non-managing spouse can have peace of mind should anything unexpected occur going forward.

VA Benefit:

In the spirit of understanding there’s a lot going on when you’re selling your home BUT you don’t want to miss out on any resources to which you are entitled, please know about the Veterans Administration’s “Aid & Attendance Benefit” which can provide monthly income for Veterans and their spouses at the Assisted Living level of care. Having an elder law attorney who is certified to guide you on eligibility and the chance to learn about how he or she can help you to structure your assets to better position you for eligibility is an opportunity you don’t want to miss. Again, think pre-crisis research and planning!

For the past several years, twenty-five percent of all home sellers in the U.S. have been 65 years old or older. Being a home seller is a powerful position to be in both as a group and as an individual! I believe in harnessing all of the resources available to my clients with an emphasis on educating and supporting them along the way. My goal is for my clients to have the smoothest transition possible, with the clearest path to an organized, relaxed, risk-managed new and easier lifestyle!

Victoria Hathaway is the Director of The Silver Group of the Bob Lucido Team of Keller Williams Integrity. She is a Realtor, Certified Senior Advisor (CSA), Certified Senior Housing Professional (CSHP), Seniors Real Estate Specialist (SRES), Board Member of the Coalition of Geriatric Services (COGS), and serves the Aging Studies Advisory Board, Johns Hopkins University. She may be reached at 410-979-4284 or via email at Victoria@BobLucidoTeam.com.

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Posted in Blog | Comments Off on Senior Home Seller? Here’s the Solution! (Part 2 of 2)

As the Client Care Program nears its two-year anniversary, the mission of the CCP (“planning that works”) remains the same – to provide CCP members with the comfort and assurance that their estate and elder law plans will stay updated over the passage of time and that clients and their families receive the education they need.  Though its mission remains the same, the CCP continues to grow in scope as CCP Member benefits grow, including most recently the ability for Members to participate in their own archival family video production at the Elville Creative Studio.  Members are encouraged to express themselves and share whatever they want future generations to remember – their wishes for family, values important to them, old stories they want to pass down for generations to come, and much more.  There are no limits, the creative possibilities are endless.

Elville and Associates’ first CCP Continuing Legal Education Event of the year, “A Round Table Discussion on the New Federal Income and Estate Tax Code (The 2017 Tax Act),” was held on Saturday, April 28th at the the Arnold campus of Anne Arundel Community College.  Guests were entertained and educated by Katz Abosch’s CPAs James Eaton and Michael Andrews along with Elville and Associates’ Principal Stephen Elville.  Yes, entertained!  These CPAs were colorful and brought the December 2017 Tax Act to life as they explored a broad overview of the huge changes in the laws.

The CCP’s second annual Social Event took place on Sunday, August 19th, as Members and their families enjoyed a matinee showing of the smash-hit musical, “Mamma Mia,” at Toby’s Dinner Theatre in Columbia.  After a delicious breakfast buffet was served before the sold-out show, guests were whisked away to the show’s setting, a Greek Island in the Mediterranean Sea, as extraordinary acting and memorable ABBA songs such as “Gimme! Gimme! Gimme!,” “Lay All Your Love on Me,” “Take a Chance on Me,” “The Winner Takes It All” and, of course, “Dancing Queen” entertained and transported everyone back to a younger time, some forty years ago.  As The Baltimore Sun’s review of the show stated, “If you didn’t know you were at a dinner theatre, you’d think you were at a disco!”

Elville and Associates’ 6th annual Client Event will be held on Saturday, October 20th, 2018 from 8:30 to noon at the Retreat and Conference Center at Bon Secours in Marriottsville.  This year’s theme is “Understanding Medicare Concepts 2018 – A Continuing Discussion with Mark W. Trent of Medicare Supplement Services.”  By popular demand, we are fortunate to have the engaging and informative Mr. Trent back again this year to update guests about the ongoing changes in the world of Medicare along with presentations by the Firm’s attorneys about Healthcare Decision Making in 2018; Maryland Law Update; Funding and ) Asset Alignment Retrospect; and Client Care Program Experience.  Along with the superb lineup of speakers, delicious food, door prizes, and gift baskets will once again highlight the morning.  Entertainment will be provided by the Max Vanderbeek Jazz Group – a professional jazz trio led by one of the Elville Center for the Creative Arts’ finest school partners and music directors, Dr. Maximus VanDerbeek of Wiley H. Bates Middle School in Annapolis.  Invitations will be forthcoming in The CCP’s final Continuing Legal Education Event of the year is scheduled for Saturday, December 8th, 2018, at the John A. Cade Center for Fine Arts.  Our guest speaker will be Ellen Platt, Geriatric/Life Care Manager with The Option Group, and her presentation, “Navigating Longevity,” will cover an overview of geriatric care management; cognition, brain health, and dementia; care options; and the importance of taking care of the caregiver.  Invitations and more information about this event will be provided in late October.

To learn more about the CCP, its many benefits and how to become a Member, please contact Mary Guay Kramer, Client Care Program Coordinator, at 443-741-3635 or mary@elvilleassociates.com.

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On Wednesday, May 23, I attended the McDaniel College Center for Aging’s update on Aging in Place. Not surprising, the results of a recent survey given to those over 60 indicated that over 90 percent of the aging population (which is rapidly growing) wants to age in their own home.

The exciting news is that more and more services are available to those who wish to “Age In Place.” The reality is that most are unaware of those services which exist and how to find them. Another reality, those services are fee for service not covered by insurance or subsidies. And finally, what the survey did not ask, are you willing to do what it takes to actually have the possibility of successfully aging in place?

It seems that everyone wants in on this new catch-phrase and yet the number of people who are willing to make the lifestyle, health or economic changes to be successful pale in comparison.

So what does it require on your part to age in place? First, proper planning and setting reasonable expectations is essential. If you wish to age in place, you just can’t “wish” it, you have to be proactive. Assuming that your home is an appropriate setting and refusing to make the appropriate modifications if necessary will most certainly not achieve the desired result.

It is important to take a good objective look at your current living environment. Is it safe and accessible? You may not be the one to make that determination. I can’t tell you how many times I’ve heard, “that rug is fine, it’s been there for 30 years and I’ve never had a problem.” You might not be shocked if you’re the child of a parent who has been putting up the good fight against change.

Ah, change. It’s the resistance to change that usually results in the change that we try so hard to control. We won’t change, we don’t need to change, we’re fine …

And then the crisis that brings us to the very thing we fear the most — dependence on others. If only we were hard-wired to roll with change and go with it before we are dragged there, things would be so much easier. But we aren’t, at least most of us.

So instead of putting some doubled-sided tape on the rug that slides under your feet or removing it, we say, “It’s fine.” Instead of moving to a home whether it be an apartment, accessible home or retirement community, we trudge up and down the steps with bad knees until we can’t and then it happens, the dreaded dependence.

Aging in place is entirely possible if you are open-minded and make a plan. If you think it’s just going to happen, you may be disappointed.

The survey, which asked if people wished to age in their homes, had some responses that indicated that they did not. Perhaps some of those people were realistic and knew that they must make a transition to a new home or living environment in order to age in place.

Planning cannot start too soon. What is it that you intend to do? Where do you intend to live? Is it accessible should the unexpected happen and you need to live on one floor with a full bath and all the things you need? Do you have doorways and a shower that can accommodate a wheelchair if needed for recovery from surgery?

If you want the best shot at continuing in your own home as you age, staving off chronic conditions such as high blood pressure, heart disease and diabetes is important. Improving or staying healthy requires a healthy lifestyle and exercise.

It’s not too late to become motivated to get up and get moving. The single best thing you can do is exercise 30 minutes per day. Do something, walk, play pickle ball, garden, exercise in a chair, whatever it takes to keep yourself moving!

I can’t help but remember the back of a T-shirt on a man I was following while running in a race: “I’m running faster than the guy sitting on the sofa!”

So get out there and walk, run or raise you legs in a chair faster than the guy sitting on the sofa! Do what it takes to have a shot at the golden dream: Aging In Place.

Jill Rosner is a registered nurse, certified geriatric care manager and owner of Rosner Healthcare Navigation.  She provides patient advocacy and care management services to clients with health and aging issues.  Contact her at JillRosnerRN@aol.com

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This past spring, Olivia R. Holcombe-Volke, Partner with Elville and Associates, co-founded the Community Advocacy Network (CAN), an initiative within the Maryland Volunteer Lawyers Service that inspires new attorneys and law students to give low-income Marylanders equal access to justice through pro bono work.

The MVLS is a private, non-profit legal services provider established in 1981 to help meet the need for civil legal services in Maryland that provides quality civil legal assistance to Marylanders with limited income at low or no cost.

Already a volunteer attorney with MVLS for the last 4 years, Ms. Holcombe-Volke, always an advocate for positive change in the communities in which she serves, worked for several months with the other founding members to make CAN a reality.

“Having served as a volunteer attorney with various pro bono legal services organizations for the majority of my years in practice, it is tremendously exciting to be a founding member of MVLS CAN,” said Ms. Holcombe-Volke.  “This initiative is aimed at connecting new attorneys – and sometimes, attorneys who are simply “new” to pro bono – with the vast resources available to them through MVLS and its network of volunteer attorneys, all with the end goal of increasing available pro bono services for the many Marylanders in need.”

For more information about the Maryland Volunteer Lawyers Service and the Community Advocacy Network, visit mvlslaw.org/mvls-can/.

Tags: estate, financial planning, financial power of attorney, news
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Stephen R. Elville, Esq., Principal and lead attorney at the elder law, estate and special needs planning firm of Elville and Associates, presented for a third consecutive year at the Financial Planning Association of Maryland’s Spring Symposium on Thursday, May 17th in Pikesville, Maryland.

Mr. Elville’s presentation focused on the 2017 Tax Act and offered certified financial planners in attendance a synopsis of the topics of interest discussed at January’s 52^nd Annual Heckerling Institute on Estate Planning in Orlando.  Mr. Elville discussed the 2017 Tax Act and its implications on how the Act affects estates and trusts, business tax issues, income tax issues, estate planning considerations, and asset protection.  

Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind solutions to the challenges they face with estate, asset protection, and tax planning issues, and with disability and a long-term care planning issues. He has extensive experience in working with clients involved in crisis situations. He also brings a unique and personalized approach to pre-crisis planning. Mr. Elville routinely handles clients issues in the followings areas: wills, trusts, powers of attorney, living wills/advance medical directives, Medicaid asset protection trusts, Medicaid planning and qualification, estate administration, fiduciary representation, nursing home selection, guardianships, special needs planning for children and adults, Social Security Disability Income (SSDI), Supplemental Security Income (SSI) and IRS tax controversy.

Mr. Elville was named to the Maryland Super Lawyers list in 2015, 2017 and 2018, and is a member of the National Association of Elder Law Attorneys, Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys. He currently serves as a member of the Maryland State Bar Association Elder Law Section Council and the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center. 

He is a frequent guest presenter for banks and credit unions, businesses, the financial services industry and other organizations and is on schedule to present approximately 75 times this year regarding his areas of practice.  Mr. Elville also provides continuing education for financial advisors and CPAs through Elville and Associates’ bi-monthly Advisors’ Forum series.  His daily blog appears on elviilleassociates.com and WBJC.com and his articles have appeared in The Business Monthly.

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Stephen R. Elville, J.D., LL.M., and Principal at the estate planning, elder law and special needs planning firm of Elville and Associates, attended the Academy of Special Needs Planners 12^th Annual Meeting held April 12 – 14 in Las Vegas.

At Elville and Associates, the firm’s mission is to provide practical solutions to our clients’ problems through counseling, education, and superior legal-technical knowledge, so it is common for Mr. Elville to attend these important meetings around the country to remain on the leading edge of planning and what is new in the world of special needs, elder law and estate planning.  Mr. Elville recently attended the Heckerling Institute for estate planners in Orlando in January, and will be attending the National Academy of Elder Law Attorneys Annual Conference in New Orleans in May as well.

While at the Academy’s meeting, Mr. Elville had the opportunity to take part in cutting-edge educational programs designed to help professionals provide the best services for their clients.  He also met with colleagues from all around the country, which enhanced his knowledge and skills, and grew his ability to collaborate with other leading special needs planners.

Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind through a proactive and collaborative approach based on leading edge legal-technical knowledge.  Mr. Elville has extensive experience in working with clients involved in crisis situations.  He also brings a unique and personalized approach to pre-crisis planning.  Mr. Elville routinely handles client issues in the following areas:  wills, trusts, estate tax planning, powers of attorney, living wills/advance medical directives, Medicaid asset protection trusts, Medicaid planning and qualification, estate administration, fiduciary representation, nursing home selection, guardianships, special needs planning for children and adults, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and IRS tax controversy.

Mr. Elville was named to the Maryland Super Lawyers List for 2015, 2017 and 2018, and is a member of the National Association of Elder Law Attorneys (NAELA), Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys.  He is the past Chair of the Howard County Bar Association Estates & Trusts and Elder Law Sections and is the past President of the Coalition of Geriatric Services (COGS).  Mr. Elville currently serves as a member of the Maryland State Bar Association Elder Law Section Council, and the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center (CGPAC).  He also serves as Chair for Law Day Maryland.

He can be reached by email at steve@elvilleassociates.com or by phone at 443-393-7696.

Authored by:  Jeffrey D. Stauffer – Community Relations Director, Elville and Associates

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[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”4.16″ global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_row admin_label=”row” _builder_version=”4.16″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” global_colors_info=”{}” theme_builder_area=”post_content”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||” theme_builder_area=”post_content”][et_pb_text admin_label=”Text” _builder_version=”4.22.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ global_colors_info=”{}” theme_builder_area=”post_content” sticky_enabled=”0″]By: Jeffrey D. Stauffer – Executive Director

In June 2017, the Elville Center for the Creative Arts celebrated its three-year anniversary. Founded in 2014 by Stephen Elville, the mission of The Elville Center is to improve the quality of life of children of all ages by providing them the opportunity to learn music theory and application, experience cultural events related to the musical and creative arts, and to use music and the promotion of music-related activities to transcend social and economic divisions. The Elville Center partners with local and regional businesses, non-profit organizations, and school music programs to give the gift of music to children of all ages who want to participate in music but don’t have the means to do so on their own. The Center and refurbishes donated musical instruments, purchases new instruments for programs, provide rental instruments and music lessons for students, funds field trips, and helps organizations develop music programs.

Since our spring update, one of the Elville Center’s most exciting new projects is the establishment of a music program for children with autism in partnership with the Howard County Autism Society (HCAS). With the leadership of Executive Director Melissa Rosenberg, along with volunteer parents of children with autism, HCAS’s mission is raising awareness and educating the general public about the complexities of autism. HCAS offers many social activities for children and their families, and this winter the Elville Center is excited to collaborate with Howard Community College and The Music Institute to develop group classes and individual lessons that will bring music to children with autism. Research shows that music and music therapy can be very therapeutic to children with special needs. Along these lines, this program will enhance these young people’s lives by facilitating the joy of music to and for them. The response has been overwhelmingly positive, and our goal is to have this dynamic initiative in place and providing music education and services to children by February 2018.

As our past updates have always mentioned, the need for support in Baltimore City’s school music programs is a dire one. The Elville Center has continued to work with its partner schools in the City to help them with their music-related needs, and along the way has continued to discover more needs, such as those at Coppin Academy High School. This public charter high school on the campus of Coppin State University has a music program under the new direction of Jesse Williamson, a Master Teacher of music education. After receiving a request for assistance from Mr. Williamson, the Elville Center responded by facilitating repairs for numerous instruments and providing much-needed trombone and flute cases, along with a strap for the school’s bass clarinet. On a monthly basis, the Elville Center continues to refurbish many instruments that need care so that they may be put into working condition and is actively bringing many donated refurbished instruments to the School, including an alto saxophone, a bass saxophone, a flute, a trumpet, a Yamaha keyboard, and a baritone euphonium (thus far). The Elville Center also helped Mr. Williamson transport an important piano from his previous school to Coppin Academy and arranged to have it repaired and tuned for the new school year.

“This year, I transferred to Coppin Academy High School #432, and The Elville Center has been helping me to get many of my instruments repaired and refurbished and ready for my new high school band students. My Band II students have already begun playing their instruments and I am grateful beyond words to the Elville Center for all of their support,” said Mr. Williamson.  “Over the years I have spent thousands of dollars of my own money in support of my program, but it is heartening to know that there is an organization that seeks to help teachers like me make a difference in the lives of children who otherwise might not have the opportunity to play an instrument. Coppin Academy is a small public charter school with an urban population of students, most of whom cannot afford to buy an instrument. It is my goal to instill in them a love of music and foster discipline and self-confidence to go on to greater things in life.”

Another Baltimore City school the Elville Center has just begun to provide assistance to is the K-8 Empowerment Academy. The new music teacher at this school, Marcus Neal, is a teacher the Elville Center has partnered with before at another inner-city school, Franklin Square Middle. The Empowerment Academy encourages arts enrichment for all of its students, which is a unique philosophy for a Baltimore City school. The Elville Center is working to bring recorders, xylophones, and boomwhackers (yes, boomwhackers!) to the music program’s younger students, and as Mr. Neal is working to develop a band for grades 5-8, the Elville Center is working to provide more standard brass and woodwind instruments to the older students.

In what is undoubtedly The Elville Center’s most ambitious venture thus far, the Center is now a major sponsor of the Annapolis Symphony Orchestra, a professional orchestra whose home is located near the Annapolis State House in hee historic Maryland Hall for the Creative Arts. The Center will be paying for the bus transportation and tickets for hundreds of children to attend the Annapolis Symphony Orchestra’s “Concerts for Schoolchildren” series. This partnership with the ASO personifies our mission to give children the opportunity to experience extraordinary cultural events related to music they never would have experienced without such outside support. The Elville Center is honored to partner with an organization such as the ASO, one that aligns with our mission and vision so closely, and we are very excited about the impact this sponsorship will make on so many children in the Anne Arundel County community.

“Schools in lower-income communities often do not have the resources to afford tickets or transportation to enjoy cultural events outside school,” said Patrick Nugent, Executive Director of the Annapolis Symphony Orchestra. “The Elville Center has made it possible for these schools to attend the Annapolis Symphony’s Concerts for Schoolchildren free of charge, for the first time in our history. Early exposure to classical music can captivate a child’s imagination and bring benefits throughout their education and their life. The Symphony is immensely grateful to the Elville Center for its commitment to ensuring children from all backgrounds can enjoy the pleasures and benefits of classical music.”

The projects The Elville Center for the Creative Arts is spearheading right now are all very unique in scope. We are supporting music programs and organizations all over the state – founding new music programs and enriching established ones, and facilitating music-related opportunities to thousands of students! Participants in these programs come from a wide variety of backgrounds – many from disadvantaged situations that need support just to participate in music, and some with disabilities where music therapy can offer so much to enrich their lives.

Regardless of background, the one thing these students all share is a strong and enduring desire to participate in music.

The Elville Center for the Creative Arts needs your support to further its important work so that these important projects continue to be successful now and in the years to come. The need is great and growing. We need your monetary support to help refurbish instruments, obtain supplies and new instruments, and facilitate cultural learning experiences. We need those instruments you don’t use anymore that are taking up space. We also need volunteers, especially for our upcoming April 2018 Fundraising Event.

If you would like to donate or learn more about the Elville Center for the Creative Arts, please visit www.elvillecenter.org, or contact Jeffrey Stauffer, Executive Director, at 443-393-7696, or jeff@elvillecenter.org. And, don’t forget to mark your calendars for Saturday, April 28th, when the Elville Center for the Creative Arts hosts its first annual fundraiser! Details will be forthcoming.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]

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By: Olivia R. Holcombe-Volke, J.D. — Partner

Estate planning for blended families (meaning, in this context, couples in second, third, or later marriages, where one or both spouses have children from outside the current marriage), can present unique challenges. Often, clients think that their preferences are simple, such as “I want to leave everything to my surviving spouse, and anything remaining after my surviving spouse dies will go to my own children.” However, even when the goals seem simple and straightforward, there are additional factors that should be taken into account in order to ensure that no intended beneficiary is left shortchanged by the vagaries of the law, human behavior, and unanticipated circumstances. In cases of second or later marriages and/or children of one but not both spouses, the planning is rarely “simple.” That being said, it is not impossible to accomplish most client goals in a blended family; it merely requires a bit more attention to detail in the planning.

What are some of the risks? The following are just a few:

• Spouse A leaves all assets to Spouse B, with any remaining at death of Spouse B to go to Spouse A’s children. Spouse A dies. Spouse B uses up all assets of Spouse A, while protecting/preserving his own assets. At death of Spouse B, there are no remaining assets to go to Spouse A’s children; all of Spouse B’s assets go to his own children.
• Same estate plan as above. Spouse A names her adult child as trustee and financial attorney-in-fact, and authorizes distributions during Spouse A’s incapacity to Spouse A, Spouse B, and Spouse A’s children. Adult child, concerned that all assets will be spent by Spouse B following Spouse A’s death, such that Spouse A’s children will not inherit anything, distributes significant assets to himself during Spouse A’s incapacity, such that at death of Spouse A, no assets remain to go to Spouse B.
• Spouse A and Spouse B intend that all assets will go to all of their children (including children of both and/ or only one of them) after the death of the second spouse to die, but fail to specify what is meant by “my descendants” in their estate planning documents. Accordingly, at the death of the second spouse to die, all assets go only to that spouse’s children and grandchildren, and not the children of the first spouse to die.

The common thread in estate planning for blended families is in the details – or lack thereof. And the risks stretch beyond the unintended consequences (whether of benefits or harm) set forth above – there is also a much greater likelihood of disagreement, and worse, litigation, resulting from ambiguity and uncertainty in the terms of an estate plan. As many of us know, an unfortunate truth of most humans is that when money is on the line, trust, understanding, and forgiveness tend to be the first personality traits left at the door. While it is impossible to address every potential issue and guarantee that no disagreements or unintended consequences will occur, the greater the detail that goes into thinking about and drafting an estate plan, the greater the likelihood of a wholly positive, wholly intended outcome. Details to consider include:

• Incapacity planning – who is being given the authority to access, manage, and distribute assets; what is their level of discretion; and to whom are they authorized to distribute?
• Post death planning – what is the timing for distribution of certain assets – is it at the death of Spouse A, or only after the deaths of both Spouse A and Spouse B?
• Who are the beneficiaries – to whom does the term “descendants” refer?
• Are there separately owned assets that can be designated directly to or for separate beneficiaries?
• Is it necessary and/or worthwhile to hold the assets of Spouse A’s assets in trust for the benefit of Spouse B, to ensure the ultimate distribution to Spouse A’s intended beneficiaries?
• Who will be the trustee or financial agent, and what do they stand to gain or lose by taking certain allowable actions?

The starting point for successful estate planning for blended families is to engage in a thoughtful, honest, and thorough discussion with your estate planning attorney, your spouse, and your children or other intended beneficiaries. By discussing priorities that are known, and potentially discovering risks and, perhaps, other priorities that were previously unknown, the details vital to accomplishing the goals of the estate plan will become clear. Particularly if each spouse has a different preference for the ultimate disposition of their respective estates, it is imperative to address this in the planning stage, rather than trusting that it will be taken care of, or leaving it to be taken care of, after the first spouse dies.

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