Legacy Law Firm - November 2023

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November 2023

Future-Proof Your Family 3 Crucial Things You Can Do Today to Plan for Alzheimer’s

Right now, more than 6 million Americans are living with Alzheimer’s, and experts project that number will rise to nearly 13 million by 2050. That means, if you do the math using America’s projected population for 2050, over 3% of people in the U.S. will have Alzheimer’s. There’s no way to know if you or a loved one will develop the disease, but with diagnoses rising every year, it’s a good idea to be proactive now in case the unexpected happens later. But some may say, “Well, what if I plan for Alzheimer’s or dementia and never develop them?” And to this, I reply: That’s great! First and foremost, living independently without any disease resulting in memory impairment is the best possible outcome of Alzheimer’s planning. Second, by planning for the possibility of an Alzheimer’s diagnosis, you don’t actually lose anything. However, if you do develop the disease, you will ensure your family is protected. So, you’re probably wondering: “What can I do now to be proactive and plan for the possibility of Alzheimer’s in the future?” No. 1: Take care of your health. Aside from planning for the financial implications of Alzheimer’s, this is probably the most important thing you can do today to help yourself — and your family — if you develop the disease later. The reason is that even if you mentally decline and begin to forget names, faces, places, and other memories, dealing with those cognitive lapses will be easier for family members to handle than physically moving your body for you. As I tell my clients, “If your spouse has to remind you to take your medicine or even to shower, that’s always better than moving you into the tub and bathing you themselves.” The simple fact is, if you already have poor health, Alzheimer’s will only compound those issues. Your family won’t just need to deal

with your memory loss but also things like high blood pressure, cholesterol, diabetes, and so much more. So, while you’re still able, it’s best to prioritize diet and exercise because you want to be able to spend time with the ones you love and create new memories while you can without physical limitations slowing you down. No. 2: Know the early warning signs so you can act as soon as possible. Many people wait until it’s too late to begin incapacity planning, and by too late, I mean they’ve already lost capacity. The longer the disease continues, the more cognition begins to lapse, and the less we can do about medical directives, HIPAA permissions, and powers of attorney. Knowing the signs of Alzheimer’s will help you and your loved ones notice a possible problem that may be arising and immediately take the necessary action to get incapacity plans in place. For your reference, here are the Alzheimer’s Association’s 10 early signs of Alzheimer’s and dementia:

• Memory loss that disrupts daily life

• Challenges in planning or solving problems

• Difficulty completing familiar tasks

• Confusion with time or place

• Trouble understanding visual images and spatial relationships

• New problems with words in speaking or writing

• Misplacing things and losing the ability to retrace steps

• Decreased or poor judgment

A Question to Ask (or Answer for) a Loved One Asking and answering important questions helps preserve your family’s values and life lessons for generations to come. What did you do for fun when you were a teenager?

• Withdrawal from work or social activities

• Changes in mood and personality

No. 3: Have the right estate planning documents and tools in place. And, of course, having an estate plan with the proper language and documents will give you and your family a significant advantage should you develop Alzheimer’s. The most important things you want to establish while you have the capacity are your medical directives, such as your living will, health care power

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CANNONS AND COURAGE ENGLAND’S EPIC VICTORY OVER NAPOLEON’S NAVY

Napoleon Bonaparte is one of the most prolific military leaders in all of human history. Napoleon became the emperor of France in 1804 after proving his military prowess countless times in battles against England, Russia, Austria, and other European powers. He revolutionized warfare and battles, and many consider his tactics to be some of the greatest ever developed. Yet, there was one British naval officer who was able to outwit Napoleon’s navy and prevent the conquest of England

during the Battle of Trafalgar in the War of the Third Coalition of the Napoleonic Wars. Napoleon had always been in awe of the British Royal Navy. By 1805, Napoleon had left his mark on Europe, conquering much of the continent and building his navy, which consisted of 33 French and Spanish ships that sailed under the command of Admiral Pierre de Villeneuve. In late September 1805, Villeneuve and his fleet were docked near Cádiz on the Atlantic coast of Spain. After a few weeks of preparation waiting for more favorable weather, Villeneuve set sail for Naples, only to find that he was being pursued by Admiral Horatio Nelson and his fleet of 27 British ships. Conventional naval battles of the time saw ships line up parallel to each other, giving both sides easy targets with their cannons. Nelson had other ideas, however. On Oct. 21, near Cape Trafalgar, Nelson ordered his fleet to form two columns and charge

directly at the French and Spanish ships, signaling to his men, “England expects that every man will do his duty.” The British fleet punched through the middle of Napoleon’s navy, allowing them to use cannons on both sides of their ship. Once the English took advantage, the battle quickly came to a close. The British claimed 19 or 20 of Napoleon’s ships and took the lives of thousands of Spanish and French sailors, including Villeneuve. Around 1,500 British troops were killed, including Admiral Nelson, or wounded in the battle. Although Napoleon would stay in power for another decade as he continued to fight wars against the rest of Europe, England was officially out of Napoleon’s reach after the Battle of Trafalgar. If there’s one thing we can learn from this battle, it’s that using efficient and effective tactics can help us accomplish anything, no matter the odds.

The Trust Advantage SMART STRATEGIES FOR DESIGNATING BENEFICIARIES

As a parent, you want to do everything possible to ensure your children are cared for if you pass away or become incapacitated. Many people start a life insurance policy, thinking they’ll be able to leave a large sum to their children if the unthinkable happens. Many employers offer life insurance as a job benefit, or you can get coverage through an insurance agent. Once you

So, what do you do instead? You could directly name an adult guardian to become the beneficiary, but this still opens you up to the problem already mentioned. Even if they’re good with your kids, they might not be the best money managers. The best path forward is to create a living trust and name the trust as the beneficiary of your life insurance policy.

establish what you want from your life insurance package, you have to name the beneficiaries of your policy. While most people choose their spouse or partner, many consider naming their children as the beneficiaries. It sounds like a great idea on paper, but complications arise when it’s implemented. When you name a minor as a life insurance beneficiary, they won’t be able to receive the proceeds directly. Instead, your appointed legal guardian (if you don’t have a legal guardian named in your estate plan, the state will appoint one for you) will manage and distribute the money. And they could make decisions that don’t coincide with your wishes.

With a trust, you can name a bank or money manager as the trustee while setting specific guidelines for who gets access to the funds and when. This means you can set up the trust to help pay for your children’s education and other expenses as well as a monthly stipend for the guardian without giving anyone untethered control of the funds. You can even determine the age your children will gain full access to the trust. Don’t make the mistake of naming your minor children as beneficiaries of your life insurance policy. Establish a trust — it’s the best way to take care of your legacy.

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Take the Lead Leash-Training Made Easy Bringing a new dog into your household comes with many responsibilities. You have to teach it the rules of the house and coach it through various commands to ensure your new friend is as obedient as possible. Unfortunately, training a dog is not as easy as explaining the process to it and expecting results. You have to work with it and consistently correct any wrong behaviors. And for many dog owners, one of the most

Inspired by TasteOfHome.com STUFFED PEPPER SOUP

• 2 lbs ground beef • 6 cups water • 1 28-oz can tomato sauce • 1 28-oz can diced tomatoes, undrained • 2 cups chopped green peppers Ingredients

• 1/4 cup packed brown sugar • 2 tsp salt • 2 tsp beef bouillon granules • 1 tsp black pepper • 2 cups cooked long-grain rice • Chopped fresh parsley (optional)

difficult things to train a dog on is learning how to walk on a leash.

Nearly every dog owner has struggled to walk a dog who wanted to lead or didn’t want to follow. Like many others, you probably

Directions 1. In a Dutch oven over medium heat, cook beef until no longer pink, breaking it into crumbles; drain. Add beef back to the pot and stir in all ingredients except the cooked rice. Bring to a boil. 2. Reduce heat. Simmer uncovered until peppers are tender, about 30 minutes. 3. Add cooked rice and simmer, uncovered, for about 10 minutes. If desired, sprinkle with chopped fresh parsley.

tugged and pulled before giving up. Thankfully, there is a simple method to leash-train your dogs. Ideally, you’d deploy these tactics when you first bring a puppy into your home, but you can also teach an old dog new tricks with this strategy. It’s best to start by practicing in your own home instead of on the sidewalk or even in the backyard. Without a leash, call your dog to your side and reward them once it arrives. Start walking forward, interacting with your dog the whole way. When it stays by your side, reward it with another treat. Repeat this process until the dog catches on and eagerly awaits its next treat. Now, your dog is ready to try the same exercise while wearing their leash and harness. Once it’s mastered the leash indoors, take your dog on a walk outside. This is where the real challenge begins. There are cars, new smells, and many other distractions that your dog will want to investigate. To prevent your dog from pulling or trying to lead, you must shorten the leash so it has no choice but to stay by your side. It might try to pull away at first, but the dog will quickly learn that there’s nowhere else to go and will learn to stay next to you.

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of attorney, financial power of attorney, and HIPAA permissions so your wishes are known and your loved ones can follow them without unnecessary obstacles. A trust is also a fantastic option and, with the right provisions, can allow someone with an Alzheimer’s diagnosis to maintain independence for as long as possible.

If you or a loved one are interested in getting started on any of the above tools and documents to proactively prepare for the possibility of an Alzheimer’s diagnosis, give my office a call at 803-746-7000. We help many families just like yours navigate this difficult diagnosis.

“Show respect to the elderly, and honor older people.” –Leviticus 19:32

Once your dog is properly leash-trained, you’ll have a much easier time walking with your furry friend!

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INSIDE THIS ISSUE

Your Alzheimer’s Planning Blueprint

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How a British Admiral Thwarted Napoleon’s Naval Ambitions The Right Way to Protect Your Children’s Inheritance

Stuffed Pepper Soup

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How to Leash-Train Your Dog for Stress-Free Strolls

4 Estate Planning Lessons From Anne Heche’s Untimely Death When Fame Meets Inheritance: Anne Heche’s Legacy

News of Anne Heche’s death stunned the entertainment world in August 2022. The 53-year-old actress who starred in “Donnie Brasco’’ and “Six Days Seven Nights’’ was driving her MINI Clubman when she crashed into a Los Angeles home. A fire broke out from the accident, and firefighters were unable to remove the

car — or Heche — for over 45 minutes. Following the accident, Heche fell into a coma and passed away seven days later due to inhalation and thermal injuries as well as a sternum fracture. Unfortunately for Heche’s family, she passed without a will in place, which complicated matters significantly. Heche’s eldest son, Homer Heche Laffoon, filed a petition to be appointed administrator of her estate not long after her death. James Tupper, Heche’s ex-partner and father to her second child, argued that he could reject the petition as he believed Homer was not suitable due to his age and lack of income. Furthermore, Tupper provided an email written by Heche that left the estate in his hands. It read, “FYI In case I die tomorrow and anyone asks. My wishes are that all of my assets go to the control of Mr. James Tupper to be used to raise my children

and then given to the children.” Heche sent the email in 2011 when the couple was still together. Unfortunately, the email was not legally binding, and a judge gave complete control of Heche’s estate to her son, Homer. The estate consisted of $110,000 in bank funds and uncashed checks as well as an estimated $400,000 in other assets. However, people continued to target Heche’s estate with massive lawsuits. In November 2022, the woman renting the home that Heche crashed into sued the estate for at least $2 million, then the homeowners filed their own lawsuit. A month later, a credit card company sued the estate for $36,000 in credit card debt. Like many other celebrity estate planning cases that make the news, this entire situation could have been avoided if Heche had created an estate plan.

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