First Steps to Your Future:
Incapacity Planning
If everything in life starts with a first step, why is it sometimes so hard to take the first step, especially when it comes to planning? We are all motivated by different things when faced with a task that is not at the top of our “want to do” list. One motivator is the answer to “What is my reward?”
In each of our newsletters this year, we will share our thoughts on what reward awaits you at the end of various planning first steps. In this edition, the focus is on the reward for taking the first step toward incapacity planning.
In the case of incapacity planning, it is very easy to understand why we want to avoid the first step because, really, who wants to think about becoming incapacitated? However, incapacity can happen to anyone and that “anyone” just might be us. So, if we can motivate ourselves to take that first incapacity planning step, we will do ourselves and our loved ones a huge favor.
What is the first incapacity planning step to take? The answer is a simple one: Have us assist you with putting a Durable Power of Attorney in place.
What is the reward for taking this step? Control over your own destiny.
If you haven’t named an agent to act on your behalf under a Durable Power of Attorney, then your family is going to have to go to guardianship court in order to assist you. In guardianship court, the judge decides who will speak for you. But with a Durable Power of Attorney in place, you get to decide who will speak for you.
However, it is important to know that not just any Durable Power of Attorney form will fully protect you. You need to make sure that your Durable Power of Attorney document contains Medicaid planning powers as well.
Why are Medicaid planning powers important? Because if you need to turn to Medicaid to assist with the costs of assisted living or the nursing home, we have to look at your assets. Medicaid looks at countable assets and non-countable assets. If you have too many countable assets to qualify for Medicaid benefits, the Medicaid rules (which are different in every state), allow you to turn many countable assets into non-countable assets. However, if you are incapacitated, your Durable Power of Attorney document must specifically give your agent the various powers needed to turn countable assets into non-countable assets in order for us to utilize these Medicaid rules to help you and your family.
If the reward of controlling your own destiny is the motivator you have been looking for, please give us a call and we will set up a phone appointment to talk further about how we can assist you with taking this important first step for your future.
Musings: Our First Pets
Stephanie – Attorney
A dog named Muffet and a cat named Cindy Black Tail were my first pets. Cindy just showed up at our house one day and decided she wanted to live with us. She loved being owned by three young children and was always willing to participate in a game of dress-up or an adventure in the backyard. She would make the rounds at night sleeping at the foot of each of our beds to make sure we were all snug, safe, and well-rested for the next day’s fun.
Muffet, on the other hand, was a bit less enthusiastic about children and preferred to hang with the adults (which might explain why I have a preference for cats!). Unfortunately, my most vivid memory of Muffet is of her trying to hide under the sofa anytime my siblings and I tried to play with her. She seemed happy with my parents so, in retrospect, I think being a companion to three rambunctious children was just not Muffet’s idea of a fun time.
I am grateful that my parents embraced having animals in the house because they helped to lay the foundation for my feeling that my house doesn’t feel like a home without a pet.
Jenna – Attorney
My first pet was my family’s cat named Tyga. Tyga was a beautiful, kind, long-haired cat. From what I can recall, Tyga was in my life from the moment I was born. Unfortunately, as I got older, I started to develop allergies. A trip to the allergist’s office confirmed that I was indeed allergic to cats. Not wanting to have to part ways with Tyga, my parents and I decided I would try using a puffer to see if this would help with my allergies. While the puffer did help some, it did not provide the relief we had hoped, and my parents decided they didn’t want me to have to live my life reliant on it. Lucky for us, my uncle and his girlfriend (now wife), volunteered to take Tyga for us. This was a perfect solution for everyone. I was still able to see the cat that I loved but didn’t have to worry about constantly suffering from allergies. Tyga lived a long, wonderful life with my uncle and his family, and I am forever grateful they were able to lovingly home her.
Amelia – Client Services Coordinator
He was the sweetest cat I’ve ever known, and his name was Fluff (aka the neighborhood street cat). I was somewhere around the age of seven or eight when he adopted our family. I believe we called him Fluff because he was all white (although I remember him being more of a dingy beige color). He was so mellow, yet curious, and he was always taking to the streets looking for adventures and free meals. This daredevil tendency on Fluff’s part led to a few expensive visits to the vet after long nights of wrestling raccoons or lazy afternoons laying in the middle of the road, a habit that eventually caused his tail to get run over by the neighbor’s truck. Fluff lived his life on his own terms while still choosing to always come home to us each night for a warm bed and tasty meal. We were so lucky that he chose our house to call home and I’ll always remember his misfit adventures and gentle personality.
Lilly – Client Services Coordinator
My first pets were three large rescue dogs: Alfie, a Newfoundland; Oscar, a Golden Retriever; and Winston, a Shar-Pei. They passed away long ago, but all will be remembered as wonderful, loyal dogs. It’s amazing how vivid memories can be of those you loved despite how long it has been since their passing. I still remember Alfie’s obsession with his red rubber ball, Oscar’s lazy tendency to lay in every walkway possible, and Winnie’s unbeatable skill at tug-of-war. I will always miss seeing them running around the garden, but I know they’re always with us.
Candy – Marketing Coordinator
Pepe was his name and mischief was his game. I remember my first pet, an apricot-colored miniature French Poodle, as being a total blur of curly beigey-white fur always racing pell-mell around our home. He would never come when you called him; he never obeyed commands. Instead, Pepe would screech to a halt, strike an uber-fake submissive pose, and stare you down with his deep brown doggie eyes just daring you to reach out toward him (all the while offering you his devilish little smirk along with a few yips and yaps for good measure). Then lickety-split, off he’d sprint in the other direction victoriously wagging his nub of a tail at you. And I remember my mom’s spaghetti (yes, spaghetti!), for it was Pepe’s most-favorite meal and one he’d wear proudly on his apricot whiskers for days on end. Come to think of it, he was more likely a miniature Italian Poodle!
Words of Wisdom from Our Pets
“Take Care of Those You Love”
as provided by guest authors,
Annie and Georgie
