Promise Law - November 2020

Take a look at this month's edition of the Promise Law Post!

November 2020

For Aunt Claudia What My Family’s Experience With Memory Loss Taught Me

My Aunt Claudia was a no-nonsense, tell-it-like-it-is kind of woman. I adored her. She was a sweet woman who loved her family, doting on her younger siblings and all their children whenever we visited. She met

Uncle Jimmy were from an era when people didn’t talk about serious health issues. So, while it appeared “out of nowhere” to some of us in the family, I think they knew what was coming: an incredibly disorienting time for her and the family. Uncle Jimmy and their children were lucky enough to be able to care for Aunt Claudia as her memory and ability for self-care eroded. None of us expected it to go as fast as it did, and it was hard on all of us to watch this happen to our vibrant, fun Claudia. There were moments during her decline when she was still Aunt Claudia — opinionated, loving, and utterly hilarious. We cherished those moments, even as they became few and far between. Unfortunately, my family’s experience with memory issues is not that uncommon. As we recognize Alzheimer’s Awareness Month this November, I can’t help but think of Aunt Claudia and the numerous clients and families I’ve worked with over the years who are facing similarly challenging diagnoses. To my mind, raising awareness is critical because the silence and lack of support are part of what makes the experience even more painful. Perhaps if Aunt Claudia had more of an understanding of her condition or sought support earlier, the last years with her would’ve been a bit less jarring for her and our family. That’s why I’m so passionate about Alzheimer’s awareness. (Our team participated in the Walk to End Alzheimer’s this October, too!) Of course, in our work, the other important aspect for all forms of dementia is preparedness. Having your estate plan established and updated regularly is so important when these diagnoses are discovered. Legally, we cannot allow someone to sign a document when they may not understand the full intent or

and married her high school sweetheart, my Uncle Jimmy, in her late teens. They raised three children together, and when her mother died at a young age, both she and Uncle Jimmy were surrogate parents to her siblings too. Aunt Claudia ruled the roost (even when she wasn’t in her roost). Uncle Jimmy was no shrinking violet either, but when it came to my Aunt Claudia his response was always “yes, Claudie.” Perhaps some forgetfulness comes with age, but at a certain point we noticed Aunt Claudia experiencing serious cognitive decline. We heard from the other California family (where she lived) about some vague reason for the change, but in truth, I was never sure of the underlying cause. She and

meaning behind it. This means that a family working through the reality of an Alzheimer’s diagnosis and the need for estate planning for their loved one may have to go to court to get affairs in good order.

We want to prevent that. Preparing documents now that create surrogate

decision-makers for you in times of incapacity can be powerful tools for your family. No one wants to think about it, but it is important to have these safeguards in place so your family and you can focus on living, caregiving and just being present in the event your memory diminishes to the point that you need help. Take time to plan for your future this month in honor of the many people living with memory loss. I do work like this in honor of my aunt, a strong woman who loved her family and lived a full, happy life. Yo u can learn more about Alzheimer’s and other forms of dementia at the Alzheimer’s Association’s website, ALZ.org.

ESTATE PLANNING WORKSHOPS*

Wednesday, Nov. 4, 9:30–11:30 a.m. Tuesday, Nov. 10, 5:30–7:30 p.m. Wednesday, Nov. 18, 2:30–4:30 p.m. The workshops are free, but registration is required. Call (757) 690-2470 for more information or to register. *We are offering our workshops virtually! Learn about estate planning in the comfort and safety of your own home.

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ICE, ICE, LAWSUIT Woman Sues Starbucks Over ‘Too Much Ice’

Sometimes, there is such a thing as “too much ice.” You’re sipping your cold beverage when suddenly, it’s gone far quicker than you expected. All you’re left with is a cup full of ice. It’s disappointing, for sure, but is it so disappointing that you would want to file a lawsuit against the company that supplied the beverage? That’s exactly what Stacy Pincus did in 2016. She ordered an iced coffee from Starbucks, only to find “too much ice” in her drink. The lawsuit, filed in Chicago, alleged that the drink was advertised as a 24-ounce beverage, but once the ice was factored in, Pincus and her lawyers claimed the drink was really only “14 fluid ounces.”

“Starbucks’ advertising practices are clearly meant to mislead consumers when combined with the standard practice of filling a cold drink cup with far less liquid than the cup can hold,” the suit claimed. NBC News reported that Pincus sought damages to the tune of $5 million against the coffee chain. “The plaintiff would not have paid as much,” her lawyers stated in a court document, “if anything, for the cold drinks had she known that they contained less, and in many cases, nearly half as many, fluid ounces than claimed by Starbucks. As a result, the plaintiff suffered injury in fact and lost money or property.” Starbucks’ response: “Our customers understand and expect that ice is an essential component of any ‘iced’ beverage. If a customer is not satisfied with their beverage preparation, we will gladly remake it.” The company also reaffirmed that you can order any iced beverage with “light ice” and receive half the ice normally included. Interestingly, a second lawsuit against Starbucks popped up in Los Angeles a few months later, but both cases were thrown out. Pincus never saw a cent of that $5 million, nor did she recoup her attorneys’ fees. The case went on to be called “one of the most frivolous lawsuits of 2016.”

Election! The Presidential Election of 1828 Turned Politics Personal

It’s election season! But don’t worry, we’re not here to talk about this election season, a season full of emotion, strong feelings, and plenty of mudslinging. Rather, this is a look back at one presidential election that upset an entire country — an election that makes 2020 look tame!

always been polarizing, but in 1828, things really heated up.

Jackson had already lost to Adams in 1824. That election ended with no candidate winning the majority of the electoral vote. As a result, Speaker of the House Henry Clay had to cast a tie-breaking vote. (Clay had also been a candidate for president in the 1824 election.) Clay sided with Adams. And then Adams appointed Clay his secretary of state. Naturally, Jackson was not happy and accused the two of corrupt bargaining. Even Thomas Jefferson remarked on the events of 1824, writing that he was disappointed in the results. (He had supported William H. Crawford.) Even though Jefferson died in 1826, the Jackson and Adams campaigns used Jefferson’s words both to attack one other and praise themselves in the 1828 election.

it personal. They started going after one another’s wives and families, which the newspapers at the time loved. The Cincinnati Gazette called Jackson’s wife, Rachel, a “convicted adulteress.” She was in the process of getting a divorce when she married Jackson; however, the divorce had not been finalized when the marriage took place in 1794. This became a talking point for the opposition. It got to the point where Jackson gave up on talking about the issues and moved personal attacks to center stage. Adams tried to stick to the issues, more or less. However, the public sided with Jackson and Adams lost. But the drama didn’t end there. Days after the election, Rachel Jackson died. President-elect Jackson blamed her death on the mudslingers, saying, “May God Almighty forgive her murderers as I know she forgave them. I never can.”

1828: Andrew Jackson vs. John Quincy Adams (Incumbent)

Two new political parties entered the scene: the Democratic Party and the National Republican Party. These parties were established following the dissolution of the Federalist Party and the Democratic- Republican Party just a few years prior. Both Andrew Jackson and John Quincy Adams were formerly of the Democratic- Republican Party. However, Jackson joined the new Democratic Party, while Adams Joined the National Republicans. After the split, historians note a newfound level of polarization in national politics. Politics had

Mudslinging defined the 1828 election with both Jackson and Adams making

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WHAT’S NEW AT PROMISE LAW

MEDITATION ALTERNATIVES For People Who Don’t Like to Meditate

We’re excited to bring a new topic of workshops to our community! Stay tuned for additional information on our Medicaid Workshops.

We’ll be sharing everything you MUST know about all things Medicaid. You’ll discover the necessary steps you need to take now to make sure that if you or

your spouse needs long-term care support, you’ll qualify for the support available to you through Medicaid. Protect your family and assets (everything you’ve worked for) without losing it all to pay for nursing home care costs!

Meditation is lauded for its health benefits and is often suggested as an effective way to clear the mind, organize thoughts, and reduce stress. Realistically, however, it’s not for everyone. In fact, some people don’t experience any benefits at all from meditating. In a recent study published in New Scientist about the effectiveness of meditation, researchers confirmed that some people do not benefit from meditation and that about 8% of people who try meditation experience an “unwanted effect,” such as an increase in anxiety. If you’re not interested in meditation, or it just doesn’t work for you, here are some alternative ways to clear your mind and reduce stress. Get serious about physical activity. Aerobic exercises — like walking, jogging, running, cycling, and swimming — are great for clearing your mind and getting your body moving. Really, any exercise that gets the heart pumping and increases your respiratory rate will do. Research supports that aerobic exercise is a great alternative to meditation that yields many of the same benefits. Exercising outdoors or in nature — especially in new places — enhances these benefits. Because your surroundings are going to be unfamiliar, your mind is more focused, which can help if you’re searching for clarity. Stay mentally engaged. Many people achieve clarity, focus, and stress reduction through simple but engaging tasks, such as immersing themselves in an adult coloring book, doing brain teasers, or assembling LEGO sets, which proves they can be effective therapeutic tools or alternatives to meditation. The LEGO Company has actually been developing more products for adults with this sort of research in mind. But why LEGO products specifically? In addition to being objects you touch and push together, LEGO products come with clear, step-by-step instructions, which make them easy to put together and allow you to focus more on the task at hand. Even if you don’t complete the piece in one sitting, working on a project a few minutes a day can be a beneficial way to find a little clarity.

We’ll be sharing more in dates and times soon …

CINNAMON-SPICED CANDIED SWEET POTATOES

Inspired by FoodAndWine.com

These candied sweet potatoes will make your family beg for more!

Ingredients

• 4 lbs orange-fleshed sweet potatoes, peeled and cut crosswise into 2-inch pieces, then cut lengthwise into 1-inch wedges • 1 cup light brown sugar, packed

• 1 tbsp kosher salt • 1/4 tsp ground cloves • 1/4 cup unsalted butter, cubed • 4 (2-inch) cinnamon sticks

Directions

1. Preheat oven to 350 F. 2. Place sweet potato wedges in a 4-quart baking dish. 3. Sprinkle sugar, salt, and cloves over sweet potatoes.

4. Dot with butter and place cinnamon sticks around sweet potatoes. 5. Bake, turning every 15 minutes, until sweet potatoes are tender and the liquid is syrupy, about 1 hour and 15 minutes. 6. Remove from the oven and let stand for 10 minutes. 7. Discard cinnamon sticks and serve.

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INSIDE THIS ISSUE

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Prepare for Your Future

Woman Sues Starbucks Over ‘Too Much Ice’ A Presidential Election That Turned Up the Heat

Cinnamon-Spiced Candied Sweet Potatoes Clear Your Mind in a Different Way

A Number of Importance

THE 11TH HOUR OF THE 11TH DAY OF THE 11TH MONTH Why Veterans Day and the Number 11 Go Hand in Hand

Veterans Day comes every Nov. 11. It’s a national holiday that recognizes veterans who served in the United States Armed Forces and honors those both living and deceased. Historically, the day marks Armistice Day and the end of the Great War: World War I. But what is the significance of the number 11? The armistice was signed at 5:45 a.m. in France, but it took effect at 11 a.m. that same morning — which happened to be Nov. 11, 1918. The armistice originally lasted 36 days but was extended month after month. This led to the signing of the Treaty of Versailles on June 28, 1919, when peace was officially declared. Later that year, President Woodrow Wilson proclaimed that Nov. 11 would be known as Armistice Day to honor those who fought in the Great War. This lasted until 1954, when President Dwight Eisenhower

signed a proclamation turning Armistice Day into Veterans Day.

The change was made in order to recognize all veterans who had honorably served their country. By 1954, the U.S. had fought in more wars — specifically World War II and the Korean War — and hundreds of thousands more Americans had served. Unsurprisingly, there was some political drama surrounding the day. In 1968, Congress made Veterans Day a federal holiday under the Uniform Holiday Bill. The idea was to increase the number of three-day weekends in the year. Veterans Day became a holiday that would fall on the fourth Monday of October, a far cry from Nov. 11. However, in 1978, Veterans Day was restored to its original Nov. 11 date. But why?

The answer is simple. It’s a number that sticks with you. When the clock strikes 11:11, you always take notice. By that same notion, we all remember the 11th hour of the 11th day of the 11th month. Because of this, we’ll never forget the end of the Great War, nor will we forget those who served.

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