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Archive for January, 2011
Tuesday, January 25th, 2011
The story of William Roberts Lindsay is a sad, lonely, and slightly bizarre one.
Lindsay amassed a fortune as a successful investor in Los Angeles and retired to Las Vegas in his mid-50s for the desert climate and low tax regime. He was a bit of a recluse – he never married and named his barber, Elton Marvin, and his pet pug, Midget as his closest friends.
When he died, he left only Midget and some dog treats to Marvin and the remainder of his estate he left to Scotland.
Yes, Scotland. The land of William Wallace, bagpipes, castles, and kilts.
For at least the last 10 years, Lindsay had been supporting Scottish interests. He funded the William R. Lindsay chair in public health at Glasgow University, and two years ago he made a $4 million donation to the National Trust for Scotland, a charitable organization dedicated to preserving Scottish heritage and history. Interestingly enough, he had previously been turned down for another Scottish academic chair because he was believed to be a “crank.”
Yet, Lindsay had never been to Scotland. His entire vision of the country was shaped by the movie Brigadooon, based on the Broadway hit musical of the same name, and staring Gene Kelly as one of two Americans hoping to discover a hidden Scottish village that emerges from the mist just one day every 100 years.
But Lindsay’s ancestors hailed from Scotland and that connection was the last important thing to him, imaginary though the impression was.
He bequeathed his estate – minus the dog – to the NTS before shooting himself in his home in November at the age of 79.
Bi aig fois, a’ Uilleam. (Rest in peace, William.)
James D. Perry
Tags: Anaheim, California, Estate Planning, Estate Planning Lawyer, estates, Garden Grove, Orange, Orange County, Santa Ana, trusts, wills Posted in Estate Planning, Probate, trusts, wills | No Comments »
Tuesday, January 18th, 2011
Young, single people are the least likely demographic to have an estate plan.
Estate planning is primarily thought of as a means to distribute personal and real property upon death. Often, young people haven’t yet acquired a great deal of property, and they figure anything they do have will go to their living parents or siblings. Or, they may be holding off on planning their estate because of the eventual hope of getting married and expanding their family.
But estate planning deals with a lot more than just distribution of assets, and the most responsible thing to do is to prepare for the unexpected circumstances that can occur while working towards the life you want.
A strong estate plan also includes a durable power of attorney and an advance directive for health care. These documents are important because they dictate who will make decisions for you in the event you are incapacitated.
If you end up in the hospital because of a sudden illness or traumatic accident, bills will still come due, taxes must be filed, and financial decisions must be made. A durable power of attorney gives decision-making power to a trusted friend or family member during your incapacitation.
And, while you’re in the hospital, an advance directive for health care gives your designated agent the power to carry out your personal wishes for medical and life-saving treatment and end-of-life care.
In that same vein, singles should consider purchasing a disability insurance plan because they don’t have the second income of a spouse to fall back on in the event of an accident or disability.
Nothing incapacitates a person like a car accident or sudden illness – and no age group is immune to either – but responsible estate planning can prepare your life for your worst-case scenarios.
James D. Perry
Tags: Advanced Directive for Health Care, Anaheim, California, Estate Planning, Estate Planning Lawyer, Garden Grove, Insurance, Orange, Orange County, Santa Ana, Tustin, wills Posted in Advance Directives, Estate Planning, Living Wills, wills | No Comments »
Tuesday, January 11th, 2011
Finding a quality long-term care facility can be a daunting task. The options are many, so how do you know if one is better than any other?
Starting in the New Year, you may be getting some help.
In 2011, California nursing homes will be required to publicly post their federal ratings and information explaining the ratings. They will also have to tell patients and family members how to obtain information about the nursing home’s state licensing record from the California Department of Public Health’s website.
The federal Centers for Medicare and Medicaid Services oversee the rating system. Facilities are inspected annually and judged on a number of licensing factors, including the quality of medical care, staffing levels, sanitation, and bedsore mitigation.
The star system went into effect in 2008, but California is the first state in the nation to mandate posted rankings about the quality of care in nursing homes. Currently, California has 1,235 federally rated facilities, of which 195 got the lowest rating – one star – and 187 got the highest rating of five stars.
The ratings are not perfect, though. Patient advocates and nursing home officials have found fault with the system and are appealing to the federal government for reform.
California Advocates for Nursing Home Reform initially supported the state legislation that mandated the public disclosure of the star ratings, but the group is concerned that the system encourages nursing home administrators to cover up their facilities’ flaws to boost their ratings. And officials with the California Association of Health Facilities say that ratings tend to skew against facilities with larger populations of chronically ill residents.
Imperfect though they may be, the star system at least provides a starting point for patients and families wading through their long-term care choices.
James D. Perry
Tags: Anaheim, California, Elder Care, Elder Law, Estate Planning Lawyer, Garden Grove, Orange, Orange County, Santa Ana, Tustin Posted in Elder Care, Elder Law, Estate Planning, Financial Planning, Medicare | No Comments »
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