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The Cary Connection NOVEMBER 2023
Cary • Raleigh • Wake • Forest • Chapel Hill
GUARDIANSHIPS IN THE SPOTLIGHT A Closer Look at What They Do (and Don’t)
Guardianships have been getting a lot of bad press recently. First, the Free Britney movement highlighted Britney Spears’ overly restrictive guardianship, which she fought for years to end. More recently, Michael Oher, the subject of the film “The Blind Side,” claimed he’d been tricked into guardianship by his adoptive parents, who then financially exploited him. Such cases have increased public interest in guardianships, and people have taken a more significant interest in how seniors and people with disabilities are treated. Some states have even enacted reform measures as a result. More protections for people under guardianship are positive, but these well-publicized instances don’t reflect the reality of most guardianships. For example, most legal experts agree the Oher case is highly unusual, as his guardianship papers specified he has no disability. Guardianships are supposed to be a positive way for someone to ensure a family member receives the care and support they need. A guardianship, also known as a conservatorship, is a legal arrangement that grants a person (the guardian) the rights and responsibilities to make decisions on behalf of someone (the protected person) who cannot make those decisions independently. There are four main guardianship types. Under full guardianship, the appointed guardian assumes complete responsibility for someone who cannot make decisions for themselves. People under full guardianship are usually fully incapacitated, cannot handle their own affairs, and cannot go about daily life without support. Limited guardianships grant very specific rights and responsibilities to the guardians. This arrangement allows the protected person to retain decision-making authority on some aspects of their lives. For example, the guardian may make financial or health care decisions, while the protected person can maintain autonomy over daily activities.
Courts issue temporary guardianships in emergencies where someone must take immediate action for someone’s safety and well- being. Once the issues that led to the temporary guardianship are resolved, the guardianship ends. However, the court may change the order to full guardianship if the situation becomes permanent. Finally, a co-guardianship allows two or more individuals to act as guardians for a protected person. The guardians combine their strengths and availability to share decision-making responsibilities. Co-guardianships usually occur under full guardianships but could occur under limited or temporary guardianships. The court must determine the need for the guardian and appoint one. This process adds extra protection for the person subject to the guardianship. When done correctly, the process should be much more complex than simply handing someone a document to sign, as Oher alleges happened to him. However, while guardianships can be an extremely beneficial tool for families, they’re usually not ideal. Guardianships are generally a last resort, and families can plan for these matters before someone reaches complete mental incapacitation. Establishing power of attorney, creating advanced directives, and writing a living will are alternatives that allow a person to control who will care for them before they’re impaired. The CEP Team is uniquely positioned to help families prepare for their long-term care needs through our estate planning, financial planning, and tax planning services. We’ll gladly walk you through the considerations and resources your family will navigate and tailor your plan with your specific needs in mind.
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CANNONS AND COURAGE ENGLAND’S EPIC VICTORY OVER NAPOLEON’S NAVY
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.
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
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
The Trust Advantage SMART STRATEGIES FOR DESIGNATING BENEFICIARIES
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.
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
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
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)
• 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
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.
TAKE A BREAK
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Once your dog is properly leash-trained, you’ll have a much easier time walking with your furry friend!
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1 From Britney to Michael Oher: A Deeper Look into Guardianships Inside This Issue Cary • Raleigh • Wake • Forest • Chapel Hill - new location! 155 Parkway Office Ct., Ste. 200 Cary, NC 27518 919-726-0896 • www.caryestateplanning.com
How a British Admiral Thwarted Napoleon’s Naval Ambitions The Right Way to Protect Your Children’s Inheritance
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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
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.
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
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
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