Eagle & Fein - September 2020

CHANGE CAN BE EASY Pam Marmon’s Outline for Effective Post-Pandemic Transformation

Pam Marmon understands what it means to adapt. Af ter growing up in Bulgaria, Marmon had to modify her way of living when she emigrated to the U.S. Today, she is a CEO, entrepreneur, wife, and mother who believes that change does not have to be difficult. In fact, she has mastered it. Marmon has even established a company, Marmon Consulting, that helps other companies develop strategies for executing transformation. In Marmon’s book, “No One’s Listening and It ’s Your Fault: Get Your Message Heard During Organizational Transformations,” she outlines her proven methods for effective communication in any company setting, from a major corporation to a family business. Released on March 24, 2020, Marmon’s advice is timely in a period when many business owners are searching for proactive solutions and the next step in finding post- pandemic success. Marmon’s book is the perfect guide for business leaders who recognize the need for tangible change and want to execute it as effectively as possible.

The key, Marmon explains, is to identify your company ’s culture and cater your plan’s language to suit what will resonate with your employees the most. This will establish a sense of alignment with your business’s vision and direction, which can be one of the biggest hurdles to overcome. You cannot achieve success in a period of change if your team is doubtful and unwilling. With your company united toward your vision, you can begin to enact real change. However, this is only the beginning. Marmon’s book also outlines how to connect with fellow leaders in your company to develop a framework for growth. By creating a stable foundation and inspiring change, you will find this time of major transition to be much smoother than you may have anticipated. As a result, your company will come out on top at the end of the COVID-19 era. Marmon’s mantra is inspiring: “With the proper process, change is not hard.” And with her book, “No One’s Listening and It ’s Your Fault,” business leaders can see just how simple change can be.

Let Your Family and Physician Know Your Health Care Wishes

WHAT IS THE DIFFERENCE BETWEEN GUARDIANSHIP AND POWER OF ATTORNEY? • A power of attorney is voluntary and easily revoked, is private and does not involve a court, and is made by a competent person. • A guardianship can be voluntary or involuntary, involves court proceedings, can only be terminated by court order, and usually involves someone who is incompetent by age or health.

THE INDIANA LONG-TERM CARE PROGRAM (ILTCP) If a person needs Medicaid to pay for their long-term care, that person needs to spend down their assets to obtain Medicaid benefits. But certain insurance policies allow Medicaid recipients to keep some or all of the assets. A person who purchases a qualifying long-term care policy under the Indiana Long Term Care Program (ILTCP), as determined by the Department of Insurance, is allowed a special resource disregard in the Medicaid eligibility determination once policy benefits have been utilized. The amount of the disregard for the applicant and a spouse depends on the type of “asset protection” earned by the qualifying policy. There are two types of disregards: 1) total asset protection, and 2) dollar-for-dollar asset protection. The available policy disregard is in effect for the lifetime of the applicant and spouse. 1. Total asset protection is available to the individual who purchased a policy or certificate that includes a maximum benefit equal to or greater than the state-set dollar amount in force on the original effective date of the policy (e.g., when there was a policy agreement). 2. Dollar-for-dollar protection is available when the individual does not have total asset protection. The amount of the resource disregard is applicable up to the limit on the policy. The policy covers long-term care services provided in a facility or in the home. The first page of an ILTCP policy will have boxed language stating whether the policy qualifies for Medicaid asset protection.

In the event a client experiences an incapacity, having a power of attorney saves court costs and keeps personal and financial matters private.

WHAT IS AN ADVANCE DIRECTIVE? An advance directive is commonly the written instructions regarding one’s desires for future medical care. It is to provide clarification to one’s family and physician in understanding their care wishes. The advance directive allows an individual to designate another to make their health care choices in the event of incapacity. Likewise, an advance directive can be used for both naming and preventing specific persons from making health care decisions. Having an advance directive does not take away an individual ’s right to decide their current health care. This is true even under the most serious medical conditions. An advance directive will only be used when the individual is unable to communicate or when their physician determines the patient no longer has the mental competence to make their own choices.

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