Elville and Associates

In December 2017, Elville and Associates was proud to announce that two of its attorneys were recognized by Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Stephen R. Elville, Principal at Elville and Associates, was selected to the 2018 Maryland Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is Mr. Elville’s third selection to Super Lawyers, having previously been named to the Maryland Super Lawyers list in 2015 and 2017.

Meghan E. McCulloch, Associate Attorney at Elville and Associates, was selected to the 2018 Maryland Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is Ms. McCulloch’s third consecutive selection to the Risings Stars List, having previously been selected in 2016 and 2017.

Super Lawyers, a Thomson Reuters business, makes its annual selections using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice areas. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazine and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit SuperLawyers.com.

“Being chosen for the 2018 Super Lawyers list is an honor for me and for our firm,” remarked Mr. Elville. “And, along those lines I hope it represents and reflects the good things we at Elville and Associates are doing collectively for our clients and their families.  If so, then I feel confident we are accomplishing our mission.”

Mr. Elville, principal and founder of Elville and Associates in 2010, works with individuals and families to provide a unique attorney-client experience and peace-of-mind solutions. Mr. Elville focuses his practice in the areas of estate planning, elder law, special needs planning, asset protection, and tax planning. Mr. Elville has extensive experience working with clients involved in crisis situations. He also brings a proactive, unique, and highly-personalized approach to pre-crisis planning as well.

Mr. Elville is widely known for his methodical, education-centric planning approaches, which include the Elville Legacy System (ELS™), Elville Self-Direct Select (ESDS™), and Elville Self-Direct Protect (ESDP™). Mr. Elville routinely handles client matters in the following areas: wills, trusts, estate tax planning, retirement plan benefit planning, asset protection, powers of attorney, living wills/advance medical directives, Medicaid planning and qualification, estate administration, Veteran’s benefits planning, fiduciary representation, nursing home selection and placement, guardianships, special needs planning for children and adults, and IRS tax controversy.

Mr. Elville is also the founder of The Elville Center For the Creative Arts, a non-profit corporation; Elville Self-Direct, Inc., a legal education corporation located in Annapolis, Maryland; and Greencrest Productions, LLC, Mr. Elville’s production studio, also located in Annapolis.

Ms. McCulloch, upon hearing of her selection, said, “I am proud to have been named to the Rising Stars list for the third year in a row.  This recognition by my peers for the work I do on behalf of my clients is truly an honor.  My greatest joy as attorney is helping my clients through some of the most challenging times in their lives and it is never my aim to do work for recognition, but rather to do work that is worthy of recognition.”

Ms. McCulloch joined Elville and Associates in October 2017 after seven years at a Baltimore firm where she was the leader of the firm’s Disability Department. Ms. McCulloch handles claims for Social Security disability benefits, Supplemental Security Income (SSI), childhood SSI benefits, and disabled widow(er) benefits at every level of appeal, from the initial application up to and including representation before the U.S. District Court of Maryland. She has a wealth of experience in addressing the unique needs of individuals and families as they navigate through the disability process. Her work in accepting childhood SSI cases and federal court appeals are unique, as most disability attorneys do not handle these types of cases. Ms. McCulloch also concentrates her practice in the ever-changing and complex area of elder law.

As mentioned above, the selection process for Super Lawyers is a rigorous process to find the most exceptional lawyers in their practice areas in each state. We congratulate Stephen R. Elville and Meghan E. McCulloch for their Super Lawyers and Rising Stars recognition for 2018!

By: Jeffrey D. Stauffer – Community Relations Director, jeff@elvilleassociates.com, 443-393-7696

On Saturday, June 4th, 2017, over Fifty Client Care Program members and their families attended the first annual Elville and Associates’ Client Care Program Social Event, held at the Bowie Baysox game at Prince George’s Stadium.

Along with field-level box seat tickets to the game, the Picnic Pavilion was reserved for guests, and a picnic fare All-American Buffet was served along with sodas, iced tea, lemonade, and summertime desserts.

This summer day for fun did not disappoint! And neither did the home team as the Baysox, the Double-A affiliate of the Baltimore Orioles, won an exciting game over the visiting Altoona Curve in 11 innings, 7-6.

Beginning last fall, after much planning and design, Elville and Associates made its Client Care Program (CCP) available to its clients. The mission of the CCP (“planning that works”) is to provide clients with the comfort and assurance that their estate and elder law plans will work no matter how their goals or situations may change over time, and to ensure that planning remains consistent with changes in the laws. To learn more about the CCP and its many benefits, please contact Mary Guay Kramer at 443-741-3635 or mary@elvilleassociates.com.

The CCP Social Event represented the second of four scheduled CCP events this year for Elville and Associates, with the third event being our annual Client Education Event held on Saturday, October 28th at the Retreat and Conference Center at Bon Secours in Marriottsville. This year’s topic was “Understanding Healthcare in an Age of Change,” and a superb lineup of guest speakers from Anne Arundel Medical Center (Jan Wood, President of the Anne Arundel Medical Center Foundation, and Barbara Jacobs, Chief Nursing Officer and Vice President of the AAMC Foundation) along with very entertaining Medicare Specialist, Mark Trent, presented with Elville and Associates’ Principal, Stephen Elville. Complementing the presentations, delicious food, door prizes, and gift baskets was music from the Riversdale Chamber Ensemble, a trio of musicians from the Columbia Orchestra, including Concertmaster Brenda Anna, Conductor, Jason Love, and violinist, Paul Li, that filled the room with wondrous musical movements throughout the event.

The final CCP event of the year, a comprehensive Social Security Workshop scheduled for December 9, 2017, was rescheduled due to weather, and is now scheduled for Saturday, January 20, 2018, at Anne Arundel Community College. CCP members and their guests will be educated by guest speaker Kurt Czarnowski of Czarnowski Consulting, as he presents “Social Security – A Hit or Myth Proposition”. Mr. Czarnowski, a renowned expert in the field of Social Security for over 34 years, will travel from Norfolk, Massachusetts to present at what is anticipated to be our most widely-attended CCP event yet.

Our first Elville and Associates’ Client Care Program event of 2018 will be held in March at Anne Arundel Community College. Details will be forthcoming in February.

By: Guest Contributor Judith Krummeck — Evening Drive Host, 91.5 WBJC

What do Robert Schumann, Jean Sibelius, and Igor Stravinsky have in common? Yes, their last names begin with “S,” but it’s more than that. How about Georg Philipp Telemann, Giuseppe Tartini, and Peter Ilyich Tchaikovsky? Again, it’s more than simply a letter thing, or the fact that all six of these men were classical composers. Add to the list George Frideric Handel, Leopold Mozart, and Johann Sebastian Bach’s sons, and it becomes even more interesting. All of them started out studying law. Let’s look at this curious phenomenon chronologically, with a little bit of help from Wikipedia.

Georg Philipp Telemann (1681 –1767) became a composer against his family’s wishes, and he was almost completely self-taught in music. He entered the University of Leipzig to study law, but eventually was able to settle on a career in music. Telemann was, and still is, one of the most prolific composers in history.

George Frideric Handel (1685 – 1759) was born in Halle to an eminent barber-surgeon who, according to Handel’s first biographer, John Mainwaring, was adamantly opposed to his son pursuing a career in music. However, Handel did receive musical instruction in harpsichord, violin, organ, and oboe, as well as composition. Handel’s father died when his son was a schoolboy of 11. It had been his father’s wish that he would become a lawyer and, perhaps, to fulfill a promise to his father, Handel matriculated at the University of Halle. Although he didn’t enroll in the faculty of law, he almost certainly attended the lectures of the famed jurist, Christian Thomasius. Shortly after starting his university education, Handel accepted the position of organist at the Calvinist Cathedral in Halle, and that marked the beginning of his musical career.

Four of Johann Sebastian Bach’s sons became professional musicians, and Bach supervised all of their musical educations. Two of them, Wilhelm Friedemann Bach (1710 – 1784) and Carl Philipp Emanuel Bach (1714 – 1788) enrolled as law students in Leipzig University. (Some believe that Johann Christoph Friedrich Bach (1732 – 1795) also studied law there, but there is no record of that.) In an age of royal patronage, father and sons alike knew that a university education helped prevent a professional musician from being treated as a servant. Friedemann’s first job was as the organist of the St. Sophia’s Church at Dresden, at which point his musical career began. Carl obtained his degree at the age of 24, but never practiced law, instead turning his attention immediately to music.

Leopold Mozart (1719 – 1787) is best known today as the father and teacher of his son, Wolfgang Amadeus. From an early age, Leopold sang as a choirboy. At school, he appeared in student theatrical productions as an actor and singer, and became a skilled violinist and organist. His parents had planned a career for Leopold as a Catholic priest, but this apparently was not Leopold’s own wish. He enrolled at the University of Salzburg to study philosophy and jurisprudence. He received the degree of Bachelor of Philosophy, but the following year he was expelled from the university for poor attendance. A year later, he began his career as a professional musician.

Robert Schumann (1810 – 1856) is widely regarded as one of the greatest composers of the Romantic era. His father, who had encouraged the boy’s musical aspirations, died when Schumann was 16. Neither his mother nor his guardian encouraged a career in music. Schumann went to Leipzig to study law so that he could meet the terms of his inheritance, writing to his mother, “My whole life has been a struggle between Poetry and Prose, or call it Music and Law.” At 20, he left the study of law, intending to pursue a career as a virtuoso pianist, but a hand injury ended that dream. Schumann then focused his energies on composing.

Jean Sibelius (1865 – 1957) was the son of a Swedish-speaking medical doctor who died of typhoid when the boy was three years old. His uncle was interested in music, especially the violin; it was he who gave Sibelius a violin when he was ten years old, and later encouraged him to maintain his interest in composition. After graduating from high school, Sibelius began to study law at the Imperial Alexander University in Finland but, showing far more interest in music, soon moved to the Helsinki Music Institute – now the Sibelius Academy.

Pyotr Ilyich Tchaikovsky (1840 – 1893) began piano lessons at five and, within three years, he could sight read music as well as his teacher. His parents were initially supportive of his musical gifts, but decided to send him to the Imperial School of Jurisprudence in Saint Petersburg to prepare for a career as a civil servant. At 19, Tchaikovsky graduated as a titular counselor, a low rung on the civil service ladder, and was appointed to the Ministry of Justice. That same year, the Russian Musical Society was founded with the aim of fostering native Russian talent. The classes that the society offered were a precursor to the Saint Petersburg Conservatory, and Tchaikovsky enrolled at the Conservatory as part of its premiere class, happily putting his civil servant career behind him.

Igor Stravinsky (1882 – 1971) was brought up in St. Petersburg, beginning piano lessons as a young boy, studying music theory, and attempting composition. Despite his enthusiasm for music, his parents expected him to study law. He enrolled at the University of Saint Petersburg in 1901, but he attended fewer than fifty class sessions during his four years of study. He had already begun to spend more time on his musical studies than on law, and he started taking twice-weekly private lessons from Nikolai Rimsky-Korsakov. Four years later, the impresario, Sergei Diaghilev, heard two of Stravinsky’s early works, and commissioned him to write The Firebird for the Ballets Russes. The rest, as they say, is history.

There are myriad other stories like this about lawyer-musicians, and it begs the question: what is it about the law that lends itself to music, and vice versa? My guess is that it has something to do with the parallels between process and form. In the way that I understand legal argument to be structured around precedent and statutes, so musical composition, for all its creative spark and genius, begins with form – sonata form, rondo form, symphonic form. More often than not, a composer chooses a key signature for a composition, and all the harmonic progressions and key changes are hinged on that home key. Similarly, a legal precedent may be challenged, but it is argued on the basis of what already exists as law.

Whatever way you look at it, the legal mind and the musical mind seem often to find a synchronicity. If you are reading this, perhaps you find that too.

By: Victoria B. Hathaway – Guest Contributor, Director of The Silver Group of the Bob Lucido Team of Keller Williams Integrity

Did you know that over the next two decades, “Boomers” will swell the nation’s older adult population by 30 million, and an estimated 16 million older adult households will be moving in the next decade?

If you are an older adult who is thinking about a downsize of your possessions and your home, doing the downsize, preparing your home for sale, selling your home, and deciding where to move can feel like a very daunting project. Knowing what to do first and having detailed information about vendors and resources are the keys to a safe and successful experience.

When I am called upon for a consultation, the area expert real estate agent from my team and I both attend. We cover a wide range of topics, usually spending at least two hours (frequently longer) in order to answer all questions and provide specific resources.
Let’s take a look at the process, step-by-step, to examine how you, the home seller, should experience a listing consultation!

Choosing The Right Agent:
I recommend that, if you have the time and energy, you should take advantage of having multiple presentations by Agents. The benefit of understanding that different Agents have different personalities, experience, expertise and marketing budgets cannot be underestimated for the benefit of you the Seller. Listing a home is a specialty all its own, involving guidance for pricing, preparing the home for Buyers, marketing, advocating for the Seller through the home inspection and appraisal, and negotiating the contract against the Buyer – something totally different from the specialty of being a Buyer Agent. Make sure to ask what makes the Agent “different” and what makes their firm “better”?! Marketing budgets, accolades and awards, years of experience, value-added services such as free staging and moving trucks, and researching the length of the listing contract (ranging from a 24-hour cancellation policy to several months) are specific issues that can and should be deciding factors when making the decision about who you will hire for this very important process.

Home Visit:
In a home visit, the Agent will be able to personally assess the condition of your home (whether out-of-date, fully updated, or something in between) as well as any structural improvements, and additions or needed repairs, as they help to guide you in pricing your home accurately. You should not use your tax assessment or Zillow to determine the selling price of the home. Seeing your home enables the Agent to share guidance about various paths to selling, including selling as-is, refreshed, or completely renovated, and the pluses and minuses of each. This is the time when the Agent should make specific recommendations for what to repair and replace, and help you to understand how each of these paths affect pricing, expectations for the selling timetable, and how Buyers are most likely to behave when making offers in each of these formats. Perception is reality, so for example low-ball offers are common with as-is properties, and multiple offers with bidding wars are common for homes that are updated and renovated. Care should be taken to determine what is best for you as the Seller, your unique situation, and needs.

Market Analysis & Pricing:
As the Seller, you should be presented with a detailed market analysis of the home, showing all recent market activity (usually up to three months back in time and in close proximity to your home) including pricing for homes that have sold, are under contract, or are currently on the market. Out of this array, a close examination of which homes are most like your home (square footage, age, condition, improvements) will help your Agent assist you with recommending the right selling price.

Timing:
The Agent should be knowledgeable about the timing of your home sale, educating about how the time of year may impact the process and creating predictability around the Buyer. For example, many families with school-age children are home shopping in the spring and early summer in order to be settled prior to the start of the school year. Winter shoppers tend to be serious Buyers and know they are coping with reduced inventory at that time of year, which is good for you as the Seller. Another aspect of timing the sale is for your Agent to pay close attention to your requirements for your move timetable. If you are under contract with a senior living community, it is normal to have a structured timetable and occupancy date for the move. Your Agent should help you determine if you must sell in order to be able to make the move or if you are able to move first and then sell.

Staging:
Once you have determined your home’s pricing and timing for the sale, the next step should be a visit by your Agent’s professional Stager, who has specialized training in visual merchandising, current color palettes and finishes (cabinets, hardware, lighting, trims, walls and flooring) most in demand by Buyers. The Stager will help guide you in preparing your home for the greatest possible appeal to Buyers. Working to declutter and to use what you already own, rearranged to best effect, should always be the goal.

Although most Sellers are in residence during the home’s selling period, many times older adult Sellers have already vacated the home and this is absolutely fine! Homes that are both vacant and/or empty do not present a selling challenge and your needs as Seller should always be paramount.

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), President 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.

By: Stephen R. Elville, J.D., LL.M. – Principal

During a recent trip to Monhegan Island, Maine, I was struck not only by the stunning beauty of the tiny place, but also by how the constantly changing weather affected everything I did during my stay; and how the Island’s lighthouse, a brown stone structure located atop the highest and most central point, served as the actual and figurative anchor of the community, two things I found remarkable. Although the lighthouse did not seem particularly large, nor its beam particularly bright, it was quite literally an omnipresent fixture – necessary to alert and guide mariners to safety amidst the vast and deep waters off the Atlantic coast, while binding everyone within its proximity and scope, visually and psychologically, to the land and geographic area, leaving no room for doubt about location, direction, routine, or even the expectations for each new day. The lighthouse was there every morning, afternoon, and evening; in sunshine, rain, or fog. Even weeks after returning home, my mind still returns to this small lighthouse.

Client legal education and client care are themes representing part of Elville and Associates’ practice philosophy; and, like the Monhegan Island Lighthouse, these concepts serve as actual and figurative anchors for our Firm, our Client Community, and our Advisor Community – guiding our clients and their families during constantly changing and tumultuous times – providing a visual, psychological, and legal reference point for family members, advisors, and trust fiduciaries. Elville and Associates is a client legal education and client care pioneer, innovator, and thought leader in Maryland estate planning, elder law, and special needs planning. The following non-exclusive summary will provide guidance and insight into how the Firm accomplishes the foregoing, and consequently how it strives to carry out its mission and purpose:

WHAT WE DO

Vision Statement

To become the leading estate planning, elder law, and special needs planning Firm in Maryland through the relentless pursuit of and adherence to the fundamental Firm values of educating and counseling clients and the constant recognition that the Firm exists to provide solutions to our clients’ problems and to exceed their expectations; in an environment that encourages and facilitates constant learning, improvement, and professional advancement for all employees, and where all members of the Firm are respected and encouraged to utilize and develop their own unique talents and abilities.

Mission Statement
To provide practical solutions to our clients’ problems through counseling, education, and superior legal- technical knowledge.
Philosophy Statement
Elville and Associates engages clients in a multi-step educational process to ensure that estate, elder law, and special needs planning works from inception, throughout lifetime, and at death. Clients are encouraged to take advantage of the Planning Team Concept for leading-edge, customized planning. The education of clients and their families through counseling and superior legal-technical knowledge is the practical mission of Elville and Associates.

HOW WE DO IT
• Elville and Associates is a purpose-driven firm with a commitment to client legal education and a “caring for clients model”.
• Elville and Associates’ Mission, Vision, and Purpose statements, developed at the time of the Firm’s inception, are framed and displayed throughout our offices, serving as a constant reminder to all employees.
• Elville and Associates has a dedicated asset alignment coordinator.
• Elville and Associates is one of the only law firms in Maryland to offer its clients a comprehensive, exclusive, education-focused, Client Care Program (CCP), and was only the 42nd law firm in the U.S. to attend the Client Maintenance Academy, now Client Care Academy in Boston, Massachusetts.
• Elville and Associates does not charge for initial estate planning consultations, which are substantial meetings that serve as the beginning conversations for the broader planning road ahead, as well as the starting point for our comprehensive educational process.
• At Elville and Associates, clients are provided with a wide range of planning choices, with our Legacy™, Self-Direct™, and Protect™ programs.
• All attorneys and staff at Elville and Associates are committed to the highest standards of customer service, and to providing clients with a unique client experience.
• Elville and Associates is committed to collaboration with other professionals, including Certified Public Accountants (CPAs), financial advisors, insurance professionals, geriatric care managers and medical professionals, and others.
• Elville and Associates hosts an Annual Client Event, open to all clients and their families.
• Elville and Associates publishes The Elville Benefactor, a custom bi-annual newsletter frequently recognized as one of the best newsletters of its kind.
• Elville and Associates offers clients premier services in estate and trust administration, and trustee services, through its Waypoint Trust Group™.
• Elville and Associates is committed to the community at large through its support of the arts in general, and through its work with The Elville Center for the Creative Arts, a non-profit, 501(c)(3).
• Elville and Associates is committed to the future through its documented succession and transition plan, ensuring that clients and their families will be cared for at the time of plan maturity. Like the Monhegan Island Lighthouse, the Mission, purpose-driven people (attorneys and staff) at Elville and Associates are committed to serving as beacons for our clients and the community.

By: Jill Rosner, R.N., B.S.N. – Guest Contributor, Rosner Healthcare Navigation

The beginning of the year brings renewed hope for a fresh start and an opportunity to make changes in the areas of our lives that we all have on our “to do” lists. New Year’s resolutions, as we all know, rarely make it past the first few weeks. It’s probably best to make a list and start checking off what we want to see happen in the New Year.

Each year I try to give some suggestions to better our overall health. This year I’m making a list. When I meet with a new client and do an assessment, it’s a head-to-toe mind, body, mental health and social/environmental approach. I make recommendations in areas of: physical, safety, psychosocial, and anticipatory guidance.

So here is my checklist of things to do this year based on my personal approach: Physical Make appointments for healthcare providers:
• Primary Care (PC) — at least yearly or on the schedule given to you by your physician • Cardiology if recommended by your PC
• Specialists, appropriate for your medical conditions
• Ophthalmology, an eye check for vision problems, which can contribute to falls. Cataracts cloud the vision and over time you don’t notice the changes. Just take care of it before it’s too late.
• Podiatry if necessary
• Plan an exercise program that works for you. Walking 30 minutes per day is the best exercise. Seated chair exercises will improve strength and balance
• Get a prescription for physical therapy if your balance and mobility have declined and you have concerns of falling (although most only have this concern when the horses are out of the barn and it’s too late).
• Stop smoking. Cessation programs are available. This is the single most controllable thing you can do for your health. It’s not too late!
• Eat mindfully. Add fish to your diet and be mindful of meat consumption. Everything in moderation. Small baby steps are more successful than the big resolution.
• Drink more water! (Big note to self included) Water keeps us hydrated for better overall health.

Safety
• Move those rugs; you know the ones that slide around without non-skid backing.
• Check those smoke detectors.
• Make sure the lighting is working throughout the house and in stairways — and use them. Poor lighting contributes to falls.
• Do a home assessment to assure safety ultimately contributing to the ability to remain in the home longer for those who are wishing to “Age in Place.”
• Don’t trust anyone asking for money, even charities. Check them out first — scams and exploitation are out of control.

Psychosocial
• Stay active socially; those who have relationships and socialize remain mentally sharper than those who do not.
• Depression and anxiety are a huge public health crisis. If you have apathy, lack of drive and are not enjoying life, it’s time. The stigmas that keep people in a place of sadness or simply “flat” are worse than the remedy. Do something about it this year. You don’t have to live life in a fog. Talk to your doctor.

Anticipatory guidance
Life will change, we all get older, start preparing now. Do those advance directives this year. Update if you already have them. Make your wishes be known. Do your family a favor and stop avoiding future planning because you are afraid or in denial. You won’t die one day sooner because you met with an elder law attorney.

Take control of your destiny and rest easy with peace of mind that you will get what you want as you age not what others are guessing you want or what they think is best. Have a happy, healthy New Year!

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.

Step outside the boundaries of the employer/employee relationship, just for a moment. As a benefit professional or someone who runs a business, your focus is getting the business of the company done. Of course, that includes figuring how to get the best from your employees. Rewarding people fairly, in terms of money and benefits, helping them understand their importance in the business’ success, and communicating with them in a way that encourages their loyalty all contribute to that effort.

One day, though, your employees will no longer be your employees. It may happen when someone moves on to a different employer. Or, it could happen on the day your valued employee dies. How prepared is your employee for that day? Is there anything you can do to make it easier for those he or she leaves behind?

Estate planning valuable for everyone

Estate planning is the answer. It is also a relatively painless process that many people think doesn’t apply to them. They may reason that their assets don’t amount to much, and that they’ve asked a close relative to look after the kids. Maybe they don’t own stocks, bonds, or real estate, and foreign bank accounts are, well, a foreign concept. Not only that, but talking about one’s own demise is depressing. All of this is a perfect recipe for ensuring that things don’t go the way we’d like them to once we’re gone.

Now rejoin us inside the boundary, once again an employer. What does all of this have to do with you? You are in a unique position, because it’s likely that the majority of your employees’ time is spent in the workplace. You can help them reach both a conclusion and a plan: the conclusion that they need to make an estate plan, no matter how modest their means.

Stephen R. Elville is an estate planning attorney, and a Principal at his firm, Elville & Associates, P.C. in Columbia, MD (www.elvilleassociates-staging.bgbshlgq-liquidwebsites.com). In his practice, he spends a fair amount of time helping clients figure out how to organize their affairs today so their loved ones will face less of a burden tomorrow. Elville believes strongly in educating people about things that are hard to talk about. Of course, making an estate plan is one of those things.

At its core, an estate plan provides instruction for the things you own. It lets people know what you are passing along, to whom, and when. The usefulness of an estate plan, then, isn’t limited to the wealthy. Everyone owns things, and many want to see some of them passed along to people or causes they care about.

There is more to consider than simply “stuff,” though. For example, parents of minor children can’t rely on a verbal agreement about who will care for them if both parents are gone; they need a will to make the selection official. People also need to consider their own care if they become unable to care for themselves due to health or other issues. Those who provide care for a disabled family member should also think about that person’s ongoing needs, and make a provision for them as part of the estate plan.

Seek partners to provide workshops

As an employer, you can help employees understand why an estate plan is so important, and even help them access the resources they need to create one. How? One way is by holding workshops or seminars for your employees. Elville’s firm is regularly invited to provide this kind of workshop, and he believes it’s a benefit that can make a real difference in the lives of valued employees.

Over the years, Elville has learned a few things about how to approach the delicate subject of estate planinng in order to make the biggest impact. The lessons learned include when to hold a workshop, who should present, and whom to invite.

The timing. While a brown bag lunch with a simultaneous presentation has its merits, Elville says taking advantage of different times may yield better results.

“When we deliver this kind of workshop during the day while people are eating their lunches, they like it and they ask questions. But the response is often not as robust as we think it should be,” he explains. “People are thinking about the work they have to get back to. That’s why we like to give workshops at other times.” Off-hour presentations, if properly timed, may also allow spouses to attend.

The presenters. It’s easy to find a local estate planning attorney, but finding one with an educational mindset is key, Elville says. He recommends starting the search through your existing network, like your CPA or other local professionals with whom you do business.

“For this kind of workshop, employers should deal with a lawyer who believes in education and is willing to spend some time. While the lawyer may ultimately get business from educating your employees, I believe employers need to seek someone to provide pure education.

“At the end of the presentation they should let people know they are here to help and how to get in touch. If the lawyer is willing to commit some time to reviewing an individual’s situation, so much the better. Ideally, you can find someone who is willing to do that.”

The audience. Elville says that a scatter-shot approach may not be best, for the same reason that general financial education is not one-size-fits-all: different topics are relevant in peoples’ lives at different times. In order for an estate planning workshop to have the greatest effect, it has to be relevant to its audience and it has to receive the right promotion from the employer.

“Statistically, 80% of people between 30 and 45 don’t have a will, even if they have young kids,” he says. “They’re busy with other things, and they’re not focused on estate planning at all. Interest varies by age; 30 to 45 year olds are generally not concerned with a lot of the traditional things that people 55 and older are concerned about.

“The 30 to 45 year-olds come in for one reason: they want to get guardians appointed for their minor children. Those over 55 are often concerned about marital protection—what happens if one remarries after the other dies, for example. So if the employer finds a lawyer who can target presentations to various age groups, that could make the sessions more successful.”

Employees could greatly benefit from an estate planning attorney who is willing to meet individually with them privately following the general session. “If the employer could let employees know that there will be an attorney available to meet for a free, 15-minute consultation after the workshop, it could generate greater attendance. Maybe the communications could let employees know that one of the biggest issues in estate planning is that wills don’t get updated, and a lawyer will be here who can review yours.

“Employers feel wonderful about helping their employees this way, but they need to make sure employees see the reasons to show up and take advantage of it.”

2017 is sure to be a year full of changes. Employees need to make sure their plans are on track with changes in health care, estate taxes, capital gains, and other issues that may come along with a new Administration. Make this the year to help your employees plan for those who come after them.

Authored by:  Lisa Higgins, Guest Contributor – Express Written Communications (article originally published February 16, 2017 on compensations.blr.com (http://tinyurl.com/Elville-BLR)

By:  Jeffrey D. Stauffer – Community Relations Director, jeff@elvilleassociates.com, 443-393-7696

Olivia R. Holcombe-Volke, associate attorney at Elville and Associates, has been selected to the 2017 Maryland Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit SuperLawyers.com.

Upon learning of her recognition, Ms. Holcombe-Volke said, “I became an attorney in order to assist clients with navigating the intimidating and often overwhelming terrain that is our legal system.  It turns out, sharing knowledge and experience with other attorneys is a vital part of this effort.  Being recognized as a Rising Star affirms my perception of how I can serve my clients well, and lets me know that I am on the right track to accomplishing that goal.”

Ms. Holcombe-Volke received her B.A.’s in Political Science and Public Policy from the University of North Carolina at Chapel Hill.  She then moved on to attain her law degree from the University of Denver Sturm College of Law.

Ms. Holcombe-Volke handles all aspects of estate planning, including the initial drafting of wills, trusts, advance directives, and powers of attorney, as well as the continued revision and updates of those documents as life and statutory changes occur. She also regularly addresses the needs of elder law clients, assisting with Medicaid asset protection efforts, special needs planning, and the difficult issues attendant to mental and physical incapacity.

After graduating from law school, Mrs. Holcombe-Volke worked with a firm representing subcontractors in the busy construction law arena of Las Vegas. She then spent a year teaching legal and business English in Budapest, Hungary, before joining the firm of Joan M. Wilbon & Associates in Washington, D.C., as an associate attorney working with estate planning, estate administration, elder law, family law and general civil litigation clients.

Ms. Holcombe-Volke also currently serves as a volunteer attorney with the Maryland Volunteer Lawyers Service.

Elville & Associates engages clients in a multi-step educational process to ensure that estate and elder law planning works from inception, throughout lifetime and at death. Clients are encouraged to take advantage of the “Planning Team Concept” for leading-edge, customized planning. The firm considers counseling and education of paramount importance while working with its clients and surrounding community.

For more information about Elville and Associates, please visit www.elvilleassociates-staging.bgbshlgq-liquidwebsites.com or call 443-393-7696. You can also follow the firm on Twitter at @ElvilleAssoc.

 

Jill Rosner, R.N., B.S.N. – Guest Contributor – Rosner Healthcare Navigation

Most of my articles come from my experiences in my daily life as an Aging Life Care Manager.  All of the topics are meant to educate my readers and bring awareness to issues related to health and aging.  Many of my clients are living with some form of dementia. The take-home message that I want everyone to know is that dementia does not come with a list of manifestations that do or will happen to everyone affected.  There is no cookie cutter Alzheimer’s disease or form of dementia.

The most frequently asked question in which I encounter from my client’s family members tends to be: “What is the difference between Alzheimer’s disease and dementia?”

The terms have become almost interchangeable over the years. The reason perhaps is because Alzheimer’s disease accounts for the largest percentage of diseases causing the symptoms, which are referred to as dementia.  Dementia itself is not a disease process; instead dementia is a group of symptoms caused by a disease.

It is perhaps easiest to think in terms of diseases that cause symptoms that have other consequences to the rest of the body.  For example, diabetes, which causes high blood sugar and the effects of having a high blood sugar.  The symptom of high blood sugar and the consequences that accompany diabetes is a result of an unhealthy pancreas, which is not functioning properly.  The pancreas either does not produce insulin or produces too little or is resistant to insulin, depending on what kind of diabetes is diagnosed.  So, the high blood sugar and other symptoms is not the disease itself but rather the result of an unhealthy pancreas or a disease affecting the pancreas.

The same holds true for dementia.  Dementia is not the disease but rather the symptoms caused by an unhealthy brain or neurologic disease affecting the brain.

Alzheimer’s disease

While Alzheimer’s disease has most often been considered to be the culprit of these symptoms, there are many other forms of diseases affecting the brain causing dementia symptoms. Vascular disease, high blood pressure, stroke or transient ischemic attacks (TIAs) can lead to damage in the blood vessels in the brain, which can lead to a condition called vascular dementia.  A condition, which causes formation of what is called Lewy bodies in the brain, which, causes a disruptive in the brain’s functioning, and is referred to Lewy Body Dementia.  Frontal temporal dementia affects the frontal and temporal lobes of the brain, and results in symptoms of dementia.  These are just the top of the list of causes of the symptoms of dementia.  Various other forms of dementia exist.

The most important piece to remember is that all types of brain diseases that cause dementia symptoms may have different manifestations or different symptoms.  This has been an increasingly important issue.  It’s no longer your great-grandmother’s dementia.  Once referred to as senility, the symptoms we think of are those of the very “old” person who has lost their memory and shuffles about – perhaps wandering and eating too many sweets – are the easiest to diagnose. However, the less common symptoms or behaviors are becoming more of a problem in the diagnosis of dementia.

I am seeing more and more patients affected by dementia at a younger age and more and more patients affected by symptoms that are not typical and may be less obvious signs.  I have seen patients dismissed and assured that they are just fine because they don’t fit the old, outdated mold.  I recently had a nurse say to me “she is too young to have dementia” when my client clearly had been diagnosed and had severe symptoms of dementia.  Even modern medicine and practice has not caught up to the realities of the epidemic of brain dysfunction that is causing myriad of symptoms.

The most disturbing lack of insight comes from the lack of knowledge that memory loss does not have to have the primary symptom of dementia.  Too may people are being misdiagnosed or not diagnosed at all because they are able to answer the typical type of questions such as “What’s your name?  What’s the date?  Who is the president?” and a few others.  Amnesia or memory loss is just one symptom, and for some forms of dementia, memory loss is not the prominent feature!

In the case where the frontal lobe of the brain has been more severely affected by frontal-temporal dementia, shrinking of the brain or injury of some sort in the case of vascular dementia, the symptoms may be very different from that of Alzheimer’s disease – where the memory is primarily affected.

The frontal lobe affects behaviors such as impulse control, the filter between the thoughts and the spoken word.  For example, some behaviors include: blurting out inappropriate language or taboo thoughts and executive functioning.  The ability to sequence and organize is affected.  Insight and judgment are affected.  This sets the stage for exploitation and poor decision-making.  Paranoia and delusions can be features of dementia.

More and more I see clients who don’t have the typical memory loss, and therefore are not being recognized as having a cognitive impairment or dementia.  These unfortunate people are making terrible decisions, are being financially exploited and are often taken advantage of during everyday life.  They are often subject of undue influence where they are easily manipulated into complying with the wishes of another, without understanding the consequences of their actions and acting of their own free will because their judgment is affected. This different or unusual manifestation of dementia often leads to the misdiagnosis and misunderstanding of dementia.

The main messages again is this:  Do not assume that all forms of dementia produce the same symptoms or have the same consequences.  Just because one’s memory seems to be fairly good does not mean that the person is not impaired.  Do not make assumptions! It’s a new and ever evolving world of dementia.  If you recognize that something is just “not right” with your loved one, friend or co-worker, I encourage you to tell their doctor, discuss your observations with others who have contact with the affected person, and advocate for intervention.  You could be saving that person from being taken advantage of or being overlooked as having a problem. Far too often the problem is not addressed until way too late in the course of the disease process.

For more information contact the Alzheimer’s Association at www.alz.org.

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

By: Jeffrey D. Stauffer – Community Relations Director, jeff@elvilleassociates.com, 443-393-7696

On December 10th, Elville and Associates hosted its first quarterly Client Care Program Continuing Legal Education Event at the John A. Cade Performing Arts Center on the campus of Anne Arundel Community College.  35 Client Care Program (CCP) members and other interested client guests attended the workshop titled, “What to Do Upon the Death of a Friend or Loved One – the Post Mortem Process for Estate and Trust Administration Explained.”  Presenting at the event were Stephen R. Elville, principal at Elville and Associates; Gary Greenwald, principal at the Law Office of Gary Greenwald, P.C.; and Matthew F. Penater, partner at Elville and Associates.  Attendees enjoyed gourmet box lunches, snacks, drinks and the opportunity to get to know one another during the Event.

Last fall, after much planning and design, Elville and Associates made the CCP available to its clients.  The mission of the CCP (“planning that works”) is to provide clients with the comfort and assurance that their estate and elder law plans will work no matter how their goals or situations may change over time, and to ensure planning remains consistent with changes in the laws.  Included in the program are educational workshops for clients, their families and fiduciaries; and funding updates; enrollment in DocuBank, an annual social event, and discounted services; coordination with your planning team professionals (financial advisor, CPA, insurance agent, advocate);  enrollment in Everplans – a state-of-the-art, digital archive for all of your essential information; and additional participant benefits such as fun family events.

On May 5th and 6th, 2016, the entire estate planning and elder law team of Elville and Associates, along with key support staff members, attended the Client Maintenance Academy in Boston, Massachusetts, to become certified in client maintenance and updating, becoming only the 43rd law firm in the U.S. to attend the Client Maintenance Academy.  Elville and Associates has always been a thought leader in client maintenance and updating through its on-going client legal education programs, family care meetings, and annual Client Education Event.  The firm’s affiliation with the Client Maintenance Academy now puts the firm squarely in the forefront as the leader in estate planning, elder law, and special needs client maintenance and updating in Maryland.

Elville and Associates’ next quarterly CCP event, “Trustee Workshop,” will be held on Saturday, April 1st at 10 a.m. at the same location on the campus of Anne Arundel Community College.

For more information about the Client Care Program, please contact Asset Alignment Coordinator and Executive Legal Assistant Mary Guay Kramer at 443-741-3635.  Information about the CCP may also be found on our website at www.elvilleassociates-staging.bgbshlgq-liquidwebsites.com.