Check out the very first edition of our newsletter!
QUARTER 2 2023
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Preparing for Incapacity A PLAN FOR EVERYTHING Those who have been blessed with good health tend to imagine they’ll beat the odds and live their entire lives independently and actively. But here’s a sobering statistic: according to a 2019 study published by the U.S. Department of Health and Human Services, 70% of adults older than 65 will need long-term care services and support before they pass away. Further, the Alzheimer’s Association reports that 10% of people over age 65 develop Alzheimer’s disease, as do 30% of those 85 and older. Not every one of the people represented by the statistics above will lose their ability to make their own decisions, but with numbers like that, it pays to be prepared. Many people think of their estate plan as an outline for what happens after they die, but including provisions for potential incapacity is also crucial. No one wants to imagine that they might become incapacitated, but those who don’t make preparations can find themselves in a particularly fraught position. Without existing legal documents, your loved ones could petition the state of California for a conservatorship. A conservator has the legal right to act on your behalf. But this process comes with numerous drawbacks. Firstly, since the person is incapacitated, they cannot choose who will represent them. Some people end up with a conservator they would never have chosen for themselves. Conservatorships can also lead to arguments and animosity among family members — potentially pitting people against each other when they need each other most. Finally, appointing a conservator can be expensive, time- consuming, and even embarrassing for the incapacitated person. Fortunately, there is a better way, and various legal remedies exist to avoid the conservatorship process. A living trust (also called a revocable trust) allows you to decide who will handle your financial affairs and how the trustee can use trust assets if you become incapacitated. A property power of attorney can assure that your agent can make financial decisions on your behalf for any assets not in the living trust.
Regarding medical decisions, a health care power of attorney in California allows you to name individuals to make health care decisions for you should you become unable. It also allows you to state your preferences with regard to what type of care you want, end of life decisions, organ donation, and direct disposition of your remains. A HIPAA form is also an essential part of your health care planning as it allows medical professionals to share information with your agents and loved ones. We include these health care documents in all of our comprehensive estate plans to assure that our clients have a voice in what care they receive should they become incapacitated. If our office prepared your living trust estate plan then you have planned for incapacity. We encourage you to dust off your living trust estate planning binder every 3-5 years to assure that your list of successor trustees and agents still reflects your wishes. It is also essential to let your loved ones know that you have an estate plan and where to find it should you become incapacitated. If you have not made incapacity a part of your estate plan, now is the time to consider your wishes and put them in writing. While incapacity is more likely to occur as we get older, it’s possible at any age, so it’s never too soon to be prepared. Remember, you must legally record your wishes while you are still of sound mind — by the time you need the plan, it’s already too late.
We would love to speak to you or your loved ones and create a custom incapacity plan that considers your wishes and goals. Please don’t hesitate
to call our office to start the process and gain peace of mind about the future.
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Facing a Gas Leak, She Thought Fast
A MATTER OF TRUST
Besides a fire, a gas leak is one of the worst things that can happen in the middle of the night. Fortunately for one Montana couple in 2007, Schnautzie the cat was on the case. She woke up her owners to alert them to the danger, preventing a deadly — and explosive — tragedy. People magazine reported that Greg and Trudy Guy adopted Schnautzie from a local pet store in April 2007. They’d gone with hopes of adopting a puppy but instead fell in love with a tiny black kitten. The couple only intended to foster Schnautzie, but she proved herself a hero and became a permanent family member. That October, Schnautzie climbed up on Trudy’s chest at 2 a.m. and started pawing at her nose. Since cats sometimes do strange (and annoying) things, Trudy didn’t think too much of it — until Schnautzie kept at it. Now, Schnautzie had her attention, especially when Trudy noticed her persistently sniffing the air around her. Once fully awake, Trudy noticed a hissing sound somewhere in the house. Getting up to investigate, she found a broken pipe outside her bathroom, pumping gas into the basement. “The gas was just fuming,” Trudy remembered. “Our house was saturated in a short time.” The Guys quickly vacated the house with Schnautzie in tow and called the fire department. Only upon the rescue workers’ arrival did the Guys realize the extent of the danger they had faced. While the gas alone could have killed them, it was also an unseasonably frigid night in October. Had the heater or water tank turned on, it would have ignited the fumes and caused an explosion. Schnautzie was a hero to the Guys, but extra treats and a permanent home were thanks enough for her. Still, she received a bit more than that in 2010. The Great Falls Animal Foundation learned how Schnautzie had saved the day and decided to honor her with the Purple Paw Award. While Schnautzie appreciated the thought, Greg said she didn’t enjoy the reception. “She’s shy around strangers,” he explained.
Loving My Clients and My Work
Though I’m an attorney, I’ve always seen myself as an educator. I still remember my mother thinking I was crazy when I announced I would attend law school instead of becoming a teacher. I don’t have the stereotypical aggressive lawyer disposition, and I’ve never “gone for the jugular” in my life.
But my work isn’t that big of a departure from teaching. Being an estate planning attorney allows me to educate my clients as we design an estate plan that preserves their assets for their loved ones. I learned about estate planning during law school and knew it would fit my strengths and interests perfectly. I quickly signed up for every tax law course I could. That sounds strange to some people because I’m not a tax attorney. But most estate planning revolves around helping my clients pay as little in taxes as possible. My knowledge of estate, gift, capital gains, and property taxes lets me advise clients on how to best protect their assets. I joined the Law Offices of Roy W. Litherland in 2011, and Litherland provided me with years of invaluable training and mentorship. I was honored to have my name added to the business in 2018. I’m now the firm’s sole owner after Litherland’s retirement in 2021, but we remain friends and go hiking several times a year. My other interests outside of work include spending time with my wife, Holly, and our 4-year-old son, Owen. Holly and I share a love of Yosemite National Park, and we both hiked to the top of the Half Dome before we met. Our home is filled with paintings and pictures of Yosemite, and we have countless fond memories of enjoying nature together. I’m also extremely passionate about the Alzheimer’s Association. Their dedication to finding a cure and supporting families managing this disease is unparalleled, and I engage in their annual walk and fundraising efforts. All proceeds for my book, “Yes, You Need an Estate Plan!” go directly to the organization — you can get your copy by visiting attorneyoffice.com/resources/book. My favorite part of my work is that it allows me to help people every day. In addition to creating a comprehensive living trust estate plan, I also work with families directly to help them administer the estate. It’s a privilege to serve as your family’s trusted advisor — for this generation and the next.
But there’s no doubt that Schnautzie deserved her award. Sally Cerny of the animal foundation told Catster.com that
the Purple Paw is given to pets who uniquely demonstrate the bond between animals and humans. And, she concluded, “There’s no more special way to show that than to save your family.”
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The Joy of New Experiences When was the last time you stepped outside your comfort zone? If you’re not entirely sure, you’re not alone. We think if our current routine isn’t broken, there’s no reason to fix it. But there’s value in trying new things and seeking out new experiences, and Take a Chance Day on April 23 encourages us to ask ourselves what we’d do with our time if fear weren’t holding us back. We may not consciously think of ourselves as “afraid” to try new things. We tell ourselves, “I just don’t want to.” That may be true in some cases; running a marathon isn’t for everybody. But for many others, the idea might be appealing, even if it makes us nervous and uncomfortable. We worry about making a fool of ourselves and navigating unfamiliar situations. And as we age, many of us believe the adage, “You can’t teach an old dog new tricks.” Fortunately, it’s simply not true. Whether or not we realize it, we decide whether we’ll stay stuck in our ways or continue to grow. Cognitively healthy brains are more than capable of learning, no matter how old they are. And it’s good for our health. Our brains are like any other muscle, and they atrophy when we don’t use them enough. New experiences make us feel younger and sharper, and learning new things may even reduce our likelihood of developing Alzheimer’s. TAKE A CHANCE
Trying new things helps us relate to others better; it’s easier to understand someone when you’ve dipped your toes into their culture, hobbies, or interests. New adventures also give us new memories. You don’t remember the same old things you do every day, but you probably will remember that samba class for a long time. Further, we never know whether we’ll be skilled at something until we try it. Perhaps you’ve got an artistic or musical streak you never realized existed. But even if you flop, there’s no harm done. You don’t have to be Louis Armstrong to pick up an instrument or Vincent Van Gogh to find joy in painting.
There are many other reasons people of all ages should seek out novelty. For a start, it’s an excellent way to meet new people and forge connections.
Along the way, you’ll also learn that being less-than-stellar at something isn’t the end of the world. Life goes on — and there are more new things to try!
TASTY SPINACH ARTICHOKE DIP
Inspired by DinnerAtTheZoo.com
Celebrate Earth Day by eating a tasty and healthy snack — spinach artichoke dip!
INGREDIENTS:
• • • •
8 oz spinach leaves
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1/4 tsp black pepper
8 oz cream cheese, softened
1/2 cup grated Parmesan cheese 1 1/2 cups shredded mozzarella cheese, divided Sliced bread, crackers, or tortilla chips for serving
1 cup sour cream
3/4 cup chopped marinated artichoke hearts
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• •
1 tsp minced garlic
1/2 tsp salt
1. Preheat oven to 375 F. Coat a small baking dish with cooking spray. 2. In a medium pan, steam or sauté spinach until wilted. When spinach cools, ring out excess water, then chop coarsely. 3. In a large bowl, mix cream cheese, sour cream, spinach, artichoke hearts, garlic, salt, pepper, Parmesan cheese, and 3/4 cup of mozzarella cheese. 4. Spread the mixture onto the prepared baking dish. Top with remaining mozzarella cheese. 5. Bake for 20 minutes or until the dip is bubbly. Turn the oven to broil and cook for an additional 2–3 minutes so the cheese will begin to brown. 6. Immediately serve with bread, crackers, or tortilla chips. DIRECTIONS:
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Have You Planned for Incapacity? page 1
Meet Attorney Justin Kennedy! How a Cat Saved Her Humans’ Lives page 2
Why We Should Try New Things Tasty Spinach Artichoke Dip page 3
Properly Fuel Your Body page 4
Fueling Your Body in Your 50s and 60s IT’S ALL ABOUT HEALTHY AGING!
50th birthdays are often filled with mixed feelings about aging, wisdom, experiences, and pride. Many are thrilled to be close to retirement, becoming grandparents, and entering a new stage of life. However, as we age, our bodies change, and it’s essential to focus on properly nourishing that changing body. Here are some dietary tips to ensure your body gets all the nutrition it needs to flourish and thrive in your 50s and 60s! CONSUME AMPLE PROTEIN. Protein is vital for building and maintaining lean muscle mass, which supports metabolism, boosts immunity, and keeps your body strong. While lean meats, fish, and poultry are excellent protein sources, remember that protein is also present in eggs, tofu, lentils, beans, seeds, nuts, and dairy products. DON’T SKIMP OUT ON FISH. Chronic diseases such as dementia, strokes, heart disease, and diabetes become more
common in our later years. Healthy omega-3 fatty acids are essential to combat these issues and reduce inflammation in our bodies. Fish is high in these nutrients, but if you aren’t a fan of fish, you can also find these healthy fats in walnuts, chia seeds, hemp seeds, and supplements. Best of all, omega-3 fatty acids are proven to lower the rate of mental deterioration! INCLUDE CALCIUM. As we age, our bones become increasingly prone to osteoporosis, a decrease in bone mass. High-calcium foods such as milk, yogurt, cheese, leafy greens, and soy products are chock-full of calcium, a critical nutrient that supports bone development and health. STICK TO WHOLE FOODS. Processed foods, which are linked to weight gain, health complications, and heart disease, are usually high in sodium, saturated fats, and calories and lack beneficial nutrients, vitamins, and minerals. Opt for fresh and frozen
vegetables, whole grains, meats, and healthy fats to promote optimal health.
OPT FOR WATER. Sugary drinks and juices wreak havoc on your waistline and can lead to diabetes and other health conditions. Water is the best way to maintain hydration and fuel your body’s daily functions properly!
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