Archive for the ‘General Information’ Category

Being Prepared Works!

Monday, August 29th, 2011

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I hope this finds everyone safe. Hurricane Irene has come and gone and it appears that most of us on the Virginia Peninsula are ok, although some of us are still without power.

I know that in my family, we are fine. We were pretty lucky in that the power in our house never went out. However, we put all of our frozen foods into a cooler with dry ice ‘just in case’. We also brought in everything from the yard that might be picked up in the high winds, tied down those things that couldn’t be moved inside, and got most of the ‘stuff’ off of the floor in the garage (our garage almost always floods in a storm). We moved our vehicles to higher ground so they wouldn’t be flooded.

And then we left town since the area where our house is located was told to evacuate.

It was hard to sit and wait with that feeling of being powerless. However, it helped that we had done everything we could to be prepared for whatever might have happened.

I think of this today as I am also grateful that we have the proper legal documents to assist our family if an emergency were to happen and we were unavailable. We have the Power of Attorney so that someone could pay our bills. We have the medical directive so that our family would know what to do if we were injured and unable to make our own decisions. We have the Will and Trust documents so that our property could pass more easily in the case of our deaths.

Estate plans are just one more way to be prepared.

I could have been really irritated that we went to so much trouble last Friday to get prepared for things that (luckily) we did not need. Instead, it was comforting to know that our preparations were done ‘just in case’.

If you want to discuss how you can be prepared for a personal emergency, call the office for an estate plan consultation!

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Back to School Emergency Cards

Sunday, August 14th, 2011

It’s time for a new school year and that means shopping for school clothes, meeting new teachers, and filling out emergency cards.

The emergency cards can be helpful in telling the school who is authorized to pick your kids up from school if you aren’t able to be there. And it can help to make sure that your child is not sent home with a stranger pretending to be a relative, or anyone else that you do not want to be around your children.

What these emergency cards can’t do is authorize someone to temporarily take custody of your children if a serious accident happens to you during the school day (or any other time). if something happens to you, the authorities can only leave your kids with their legal guardian.

So what happens if there isn’t a legal guardian? The authorities will find someone in the foster care system to take care of your kids until ‘things can be worked out’. That means that your kids will be with strangers during this emotional and difficult time. Not with the neighbor who knows them or the parent of their friend from school.

Most parents know they should name a guardian for their kids in their Will, but a Will only becomes meaningful after your death, and even then it may take days or weeks to find the document and get it entered with the court. What about in the meantime? And what if you are injured and in a hospital instead of deceased?

In Virginia, you can draft something called a ‘standby guardianship’ which tells everyone who YOU want to have custody of your children if you are not able to take care of them yourself.

This important document should be drafted by every parent and reviewed on at least an annual basis to make sure that it contains your current wishes. There may have been a change in your life, and there may have also been a change in the life of the neighbor or friend you had named before. You should also make sure that your babysitter knows how to find a copy of this document, and a copy should be given to the school as well as the person named in your document.

We all have busy lives and we forget to do some things. As you are filling out the emergency cards for school this year, take a minute and review your standby guardian designation to make sure it is still valid. And if you don’t have a standby guardian for your minor children, now is the time to get this important document!

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Don’t Be a Bully!

Sunday, August 7th, 2011

School is starting and many kids are heading into situations that should be filled with learning and fun.

Unfortunately, many of these kids are also heading into situations filled with some students that are using technology to bully and harass other students.

In July, a federal appeals court in Richmond refused to reinstate a lawsuit brought by a West Virginia high-school student named Kara Kowalski. Ms. Kowalski claimed that her five-day suspension from Musselman High School, and the subsequent ‘social suspension’ in 2005 had violated her free speech and due process rights. The actions were ordered by the school after Kowalski created a MySpace page that targeted another student with photos and suggestions that the other student was a ‘whore’ who had ‘herpes’.

Kowalski argued that she should not have been punished by the school for private, out of school speech. The Fourth Circuit ruled that public schools have a compelling interest in regulating speech that disrupts school activities, and that bullying is a major concern for schools nationwide. Judge Paul V Niemeyer said that “[S]chool administrators must be able to prevent and punish harassment and bullying in order to provide a safe school environment conductive to learning.”

This case has not been brought before the United States Supreme Court… yet… and it might not ever be brought before the highest court in the nation. But for right now, the decision of the 4th Circuit is the prevailing law for Virginia.

The Code of Virginia was also modified effective July 1, 2024 to state that the use of cell phones and other wireless telecommunication devices to distribute profane, threatening, or indecent language with the intent to coerce, intimidate or harass any person is guilty of a Class 1 Misdemeanor, which carries a possible jail sentence of up to 12 months and a possible fine of up to $2,500.

As I said before, don’t be a bully. It is being taken very seriously!

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Have You Checked Your Beneficiary Designation Lately?

Sunday, July 10th, 2011

I encourage my clients to review their estate planning documents on a regular basis, and an annual checkup seems like something that can be scheduled and easy to remember.

But what about things that aren’t part of the documents that I help to create? What about your individual IRA? or your life insurance policy? or your company retirement plan? or your investment portfolio?

These types of plans are contractual in nature and the contract is between you and the insurance carrier or the plan administrator, or….whomever.

It is also important to make sure that these beneficiaries are up to date. If the beneficiary is a minor child, do you have the person you want today as the trustee of these funds? Have the children now become adults and you want them to have access to the funds immediately? Have you created a trust and just never got around to changing the beneficiary of your insurance so that the funds will go into the trust to be distributed the way you wanted?

One of the biggest problems is selecting a beneficiary and just forgetting about it. What happens if that person has died before you? What happens if that person is no longer the one that you want to have access to the funds? Maybe they got married to someone you hate. Maybe they ran off to join a commune. Maybe receiving the funds will make them ineligible (for just a little while) for medicaid benefits they are receiving now? Maybe…. (fill in the blank).

I had a very personal example of this. My mother had a life insurance policy that she got when she was working. Her plan was that we could use her life insurance proceeds to pay for the funeral and then there would be a little left over for each of us (I’m the oldest of 7 children). We all knew she had the life insurance and we all knew what she wanted us to do with the proceeds, but what we didn’t know was that she hadn’t really named a beneficiary at all. I know she meant to have the beneficiary set to ‘all of my children equally’, but it never got recorded at the life insurance company. The funeral home would have taken an assignment of the insurance proceeds, but that assignment had to be signed by all of the named beneficiaries and there were no named beneficiaries!

That meant that we needed to get a certified copy of her divorce papers, and all 7 of us had to sign affidavits that we were indeed her children before we could get access to the funds. Of course we needed to have this done on the forms provided by the insurance company, which took time. And somebody had to pay the funeral home right away. So mom’s plan to use the insurance proceeds to pay for the funeral only ‘kinda’ worked. One of us had to pay the funeral home and then each of the other 6 had to reimburse the one that paid when they got their one-seventh of the proceeds.

I have a great family and it worked out fine, but I’ve heard lots of examples of where one child has been ‘stuck’ with the entire funeral bill and the others refused to reimburse the sibling that paid the funeral home itself.

Please, take a few minutes and double check your beneficiary designations on all of those ‘contractual’ assets.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

July is Sandwich Generation Month!

Monday, July 4th, 2011

When I hear the word ‘Sandwich’ I tend to think of Peanut-Butter and Jelly, which always brings a smile to my face.

But there is a new way of viewing ‘Sandwich’ that is not so much fun. That’s the role more of us are playing by being the caregivers of both our parents and our children.

In the grand scheme, this is not really anything new. Families used to always take care of the generations, often in a single home. Grandma and Grandpa shared the same home with their children and grandchildren providing wisdom and assistance as the new generation came along, and receiving the attention and care of those in the family as they slowed down in their elder years.

But things changed, especially here in the United States, and families tended to live in their own separate homes with Grandma and Grandpa often living across town or even across the country. Most of us today can’t imagine even sharing a room with a sister or brother, let alone imagine sharing a home with Grandma or Grandpa.

None of us would consider leaving a two-year old home alone. After all, the two-year old can’t really get food to eat or make sure they make it to the bathroom on time. And there are things in the home that could injure the child if they are not used correctly. The two-year old is also just learning about freedom and self-reliance and if the two-year old refuses to do what we tell them to do for their own good, we can pick them up and put them in their bedroom for a ‘time out’. The parents get to set the ground rules because a two-year old doesn’t know that it is even possible to stay up past 8:00.

It’s a different story with our aging parents. They DO know that they can stay up past 8:00, and they’ve done it for years! Why, they even taught US! And most of the time, they are too large to pick up and physically move to the bedroom for a ‘time out’ when they get cantankerous. Unfortunately, our aging parents might also be in the position of not being able to get food for themselves or eating correctly, or making it to the bathroom on time, or using things in the home that can cause injury if not used correctly.

Our parents are living longer and having more health issues, both physical and mental, then previous generations. I know there was nobody in my family that ever got cancer until my uncle was diagnosed a few years ago. But nobody in the family had ever lived to be 85 before either. On my dad’s side of the family, there wasn’t a history of dementia until the family members starting living into their 90′s.

Luckily, there are more and more services available to help us take care of our parents. These services can take away some of the stress involved in day-to-day chores such as making sure that our parents are eating correctly and being kept clean and safe. There was a time when babysitters and day-care centers for children were a new concept, even though today we see them as an established institution in our lifestyle. It appears that there will come a day when adult care givers and adult day-care centers will also become established in our lifestyle.

These services cost money. But unlike children who have no resources of their own, often our parents will have some resources available to them to help pay for the services needed for their care.

Also, as parents of minor children you have the legal authority to make decisions for your children. This is not so for your parents. It is important to have the correct documents in place so that you have the authority to make important and day-to-day decisions for your aging parents. These include Powers of Attorney and Medical Directives. You might also want to consider establishing a Trust so that your parent’s assets can be transferred with a minimum of hassle and used for their benefit.

What should you do? Read…there are a lot of resources available on the web. Talk to your parents…find out what they want while they are able to tell you. Talk to people you trust…your doctor, your pastor, your lawyer. Ask them to recommend services or service providers that they trust. Unfortunately there are some scams out there that sound good but don’t really offer the right services for your needs. And most of all, have patience. Remember that these are the people that spent their time raising you, dealing with you when you made mistakes and who helped mold you into who you are today. Be patient with them, knowing that they are also having difficulty dealing with this role reversal.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.