For more information about the author, click to view their website: Lear & Lear
Healthcare Directives are valuable to people in all walks of life. As you read this article, consider obtaining one for yourself.
Today, we're discussing how to choose between appointing a guardian or conservator. When deciding what kind of protection you need in an aide, there are many things to consider, including:1. What is your personal capacity to care for yourself?2. What areas of life do you need supervision over? Healthcare? Daily maintenance? Or, do you only need help safeguarding finances?3. How extensive is your estate?4. What is the difference between a guardian and a conservator?5. What combination of conservator/guardian would you most benefit from? Guardian only? Conservator only? Or both?Differences Between Guardians and Conservators A guardian is a person (or an institution) who is given authority to act on behalf of a protected person as though they were that person. A guardian can be given a full guardianship over all aspects of your life, or authorities limited to certain areas such as health care, education, or finances. A conservator is given authority only over your finances. Like a guardian, a conservator must be appointed by a court order. However, unlike a guardian, a conservator cannot make personal decisions for you. Conservators DutiesOnce appointed, a conservator becomes the trustee of your estate, which includes income (wages, social security, annuities), real property (a house, other buildings, and land), as well as stocks, bonds, retirement funds, etc. In fact, once appointed, and unless specifically limited, a conservator has all of the authority given by law to conservators, additional authority given to trustees, and the authority of the protected person, except the power to make or change a will. This amounts to a lot of power. Thus, when acting on your behalf, a conservator must act as a prudent investor would. A conservators duties and powers include:Managing your incomeContinuing or participating in the operation of your business or enterprises Making necessary estate paymentsOrganizing and protecting your assetsAppraising and safeguarding your propertyMaking prudent investmentsPaying or contesting any claims against the estateRegularly reporting to the courtThe list above is by no means exhaustive. Because a conservator does have so much power, their authorities and responsibilities are highly regulated. An in depth conversation about these powers is outside of the scope of this blog post, but must be understood and tailored to your specific needs in order to best serve them. Deciding What Is Best For YouIf your are able to care for yourself in every area other than their finances, you might only need a conservator. If you need help in other areas of their life, you probably need a guardian. If your capacity to care for yourself is diminished and you have an extensive estate, you might need both a guardian and a conservator. We understand that deciding how to best plan for your future might seem complicated and daunting. We can help you balance the choices that you have with your needs. Contact us today. email@example.com skvlegal.com/book-online
We cant emphasize enough how important it is to review your will and insurance policies, reassign your Power of Attorney if necessary, and meet with your financial advisor(s) at the beginning of this decade. Ive changed my will three times, and I am 54 as of this writing. Life really does whiz by, and so do all the changes. About one month before your life insurance policy renews, put it on your calendar to meet with your agent. You are not bothering themyoure making their DAY! Regarding your financial advisors or broker, this is another helper you dont want to sit by the phone for, hoping they will call you. They typically only call you when they need you to sign an updated form or something new or unpleasant is about to happen with one of your funds (maybe), and theyll need your verbal permission to move your money into another account. Youll need to be proactive, checking in and scheduling your appointments, even if theyre just phone calls. If youre not certain how to properly access your statements and information online, make sure you get help from your advisor to get in and look, together. They might be the expert here, but in the end, youre in charge, and its YOUR money.Since you dont usually get to choose how youre going to leave this world, you DO get to choose how youll be, um...stored...after you die. In the jar or in the box? Ashes at sea or on a golf course? Do you want to be part of a trees seeds? I want my ashes scattered in Ireland, a trip Ill pay for, for my kids to take my ashy bits and put them into the Irish Sea. Its where my ancestors are from, but thats not the point. Its where I want my ashes to go. I love the ocean, and I love Ireland. And I love my kids. I want them to get on a plane to Dublin, pop into a pub, order beer and a big bowl of (Irish) stew, and talk about me. Im sure theyll regale the locals about what an awesome adventurer I was, and of course, a stellar mother. Then theyll take me to the sea, say a few words, and after checking wind conditions, toss my remains into the water. It's not pleasant to discuss or think about, but it is reality. I know this. We all do, really, we just dont talk about it. If you cant talk about it, write about it. When you pass away, there are going to be questions and uncertainty, let alone grief, from those who you loved you. They will need to understand your wishes as they are dealing with the loss, so it is truly helpful to record the answers to these questions, at the minimum. Make sure you give your executor or executrix this information sooner than later, and keep a copy for yourself.My name is ___________________, and this is what I want done with my: possessions: ________________________________________________________________ money: ____________________________________________________________________ funeral: ____________________________________________________________________ photos: ____________________________________________________________________ digital rights: ________________________________________________________________If you are looking for an incredibly easy tool to use, check out the Peace of Mind Planner: Important Information about My Belongings, Business Affairs, and Wishes, by Peter Pauper Press Inc. It has easy-to-use forms for final thoughts and hopes for you to convey to your family or anyone you will someday leave behind who loves you.This article was adapted from the book Chronological Order: The Fine Print for a Large Life, by Jill B. Yesko and Laurean Kile.
Winter Wellness for SeniorsBy Patrick Troumbley, MS, CSCSBalancing the 8 Pillars of Wellness for Seniors in Winter: Evidence-Based Insights Introduction As winter descends, the well-being of seniors becomes a paramount concern. Aging individuals must navigate the unique challenges that colder temperatures and reduced daylight hours bring. This article delves into the intricacies of balancing the 8 pillars of wellness for seniors during the winter season, substantiating insights with scholarly references. Physical Wellness Physical wellness, a cornerstone of senior health, demands careful attention during winter. Maintaining physical activity is essential for avoiding the adverse effects of inactivity and cold weather. A study by de Rezende et al. (2014) emphasizes the importance of regular physical activity for seniors, citing its role in reducing the risk of chronic diseases. Indoor exercises like yoga and chair exercises, as recommended by the American Heart Association (2021), offer viable options to stay active during winter. Mental Wellness The winter months often usher in feelings of isolation and seasonal affective disorder (SAD). A study by Melrose (2015) underscores the prevalence of SAD among older adults. Engaging in cognitive stimulation activities can alleviate symptoms. Seniors can find solace in local clubs, virtual classes, and community events, as advocated by Forrester (2017), who highlights the significance of social engagement in mitigating SAD symptoms. Emotional WellnessEmotional wellness hinges on effective emotional regulation. Mindfulness and relaxation techniques are integral components of emotional wellness. A systematic review by Rusch et al. (2019) supports the efficacy of mindfulness-based interventions in reducing stress and anxiety. Seniors can access mindfulness resources and guidance on emotional wellness through organizations such as Seniors Blue Book Utah. Social WellnessMaintaining an active social life is pivotal for seniors. The adverse effects of social isolation on senior well-being have been extensively documented (Holt-Lunstad et al., 2015). Seniors are encouraged to participate in local clubs and community events, as promoted by Senior Expos, to foster social connections. Intellectual Wellness Intellectual wellness necessitates ongoing learning and mental stimulation. Seniors can embrace hobbies like reading and learning new languages to foster intellectual growth. A study by Verghese et al. (2003) associates intellectual engagement with a reduced risk of cognitive decline in aging individuals. Occupational Wellness Occupational wellness transcends traditional work and relates to engaging in purposeful activities. Volunteering, as explored in a study by Okun et al. (2016), offers seniors a sense of purpose and fulfillment. Seniors can explore volunteer opportunities through organizations like Seniors Blue Book Utah. Environmental Wellness Winter introduces environmental challenges, such as slippery sidewalks and heating concerns. Seniors must ensure their living environments are safe and comfortable. The National Institute on Aging (2021) provides valuable tips for creating senior-friendly environments. Spiritual Wellness Spiritual wellness revolves around finding meaning and purpose in life. Engaging in spiritual practices, such as meditation and prayer, can provide solace and inner peace. A study by Carlson et al. (2016) explores the positive effects of mindfulness-based spiritual practices on well-being. Conclusion Balancing the 8 pillars of wellness is paramount for senior well-being, especially during the winter months. Evidence-based insights emphasize the need for regular physical activity, cognitive stimulation, social engagement, and emotional regulation. Seniors can access resources and information from reputable organizations like Seniors Blue Book Utah and Senior Expos to aid in their pursuit of wellness. By integrating these scholarly insights into their winter routines, seniors can not only survive but thrive during this season, enjoying a life marked by health, happiness, and purpose. References: American Heart Association. (2021). Recommendations for Physical Activity in Older Adults. https://www.heart.org/en/healthy-living/fitness/fitness-basics/aha-recs-for-physical-activity-in-older-adults Carlson, L. E., et al. (2016). Mindfulness-based interventions for coping with cancer. Annals of the New York Academy of Sciences, 1373(1), 5-12.de Rezende, L. F. M., et al. (2014). Physical activity and preventable premature deaths from non-communicable diseases in Brazil. Journal of Public Health, 36(3), 514-522. Forrester, A. (2017). Seasonal affective disorder in older adults: improving mood and well-being through leisure interventions. Activities, Adaptation & Aging, 41(1), 39-53. Holt-Lunstad, J., et al. (2015). Loneliness and social isolation as risk factors for mortality: A meta-analytic review. Perspectives on Psychological Science, 10(2), 227-237.Melrose, S. (2015). Seasonal affective disorder: An overview of assessment and treatment approaches. Depression Research and Treatment, 2015, 1-6.National Institute on Aging. (2021). Winter Safety Tips for Older Adults. https://www.nia.nih.gov/news/infographics/winter-safety-tips-older-adults Okun, M. A., et al. (2016). Volunteering by older adults and risk of mortality: A meta-analysis. Psychology and Aging, 31(6), 634-645. Rusch, H. L., et al. (2019). A randomized controlled trial of the effects of mindfulness-based stress reduction on posttraumatic growth among survivors of interpersonal violence. Journal of Traumatic Stress, 32(6), 936-946. Verghese, J., et al. (2003). Leisure activities and the risk of dementia in the elderly. New England Journal of Medicine, 348(25), 2508-2516.Patrick Troumbley, MS, CSCS
Welcome to Lear & Lear.Lear & Lear offers comprehensive estate planning services designed to cater to various needs and circumstances, ensuring that clients are well-prepared for their futures. Our services span from creating wills and trusts, updating existing estate plans, drafting powers of attorney and healthcare directives, creating guardianships and conservatorships, and to navigating the complexities of probate.Estate Planning Services:- Lear & Lear emphasizes the importance of creating a tailored estate plan that may include wills, trusts (living, testamentary, revocable, irrevocable, funded, or unfunded), and other estate planning tools. Our approach is to provide peace of mind by ensuring smooth transitions during times of bereavement and incapacity, as well as safeguarding your wishes and assets for the future. Powers of Attorney and Healthcare Directives:- Recognizing the critical role of Powers of Attorney and Healthcare Directives, Lear & Lear assists clients in designating trusted individuals to manage financial and healthcare decisions. These documents are essential for ensuring that your preferences are honored in cases of incapacity, providing a layer of protection and avoiding unnecessary legal complications.Basic Estate Plan Components:- A typical estate plan outlined by Lear & Lear may include a Will, Trust, General Assignment of assets, Financial Power of Attorney, and an Advance Health Care Directive. Each component plays a crucial role in ensuring your assets are managed according to your wishes, providing comprehensive coverage from asset protection to healthcare decisions.Probate and Estate Planning Connection:- Our firm has a clear understanding of the complexities of probate, differentiating between formal and informal probate and the impact of having a will or trust on the probate process. Our expertise extends to facilitating a smoother process or avoiding probate altogether through strategic estate planning, thus saving time, reducing legal fees, and preventing disputes among beneficiaries.Real Estate and Probate Avoidance:- Our firm also addresses the intricacies of real estate within estate planning, offering guidance on ownership types like Joint Tenancy and Tenancy in Common, and strategies such as Life Estates and Transfer on Death Deeds to bypass probate and ensure direct transfer of property to beneficiaries. This service is particularly valuable for clients looking to streamline the transfer of valuable real estate assets.Role of Probate Attorneys:- For clients navigating the probate process, Lear & Lear outlines the importance of having a skilled probate attorney. We offer comprehensive support as probate attorneys, from valuing assets and filing court documents to managing estate taxes and settling disputes. Our emphasis on empathetic, expert guidance reflects our strong commitment to making the probate process as stress-free as possible for you.For individuals or families looking to secure their future and ensure their wishes are respected, Lear & Lear offers a robust and empathetic approach to estate planning and probate. Our services have been designed to address the legal, financial, and personal aspects of estate planning, ensuring that our clients receive personalized advice and support tailored to their unique circumstances. Our team of attorneys is here to help you make the best possible decisions for you and your loved ones. Reach out to us today by phone at (385) 334-4030, or by email at firstname.lastname@example.org.