Celebrate freedom and human rights

Posted on December 14, 2015 by Pamela

On this day in 1791, the first ten amendments to the United States Constitution, known as the Bill of Rights, became the law of the land. In 1941, Franklin D. Roosevelt issued a proclamation designating December 15 “as a day of mobilization for freedom and for human rights, a day of remembrance of the democratic and peaceful action by which these rights were gained, a day of reassessment of their present meaning and their living worth.”

THE BILL OF RIGHTS – FULL TEXT

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Your Community of Caregivers can provide extra eyes

Posted on November 23, 2015 by Pamela

Key One of the Four Key Special Needs Planning System is to create a community of caregivers. You’ll probably need a guardian and a trustee, but other people can be involved in less formal ways.

One way to use people who are interested in your child is to use them as extra eyes to watch out for problems. If your child is frequently alone with a caregiver, or lives in a group home, ask people to visit at random times. This not only gives your child visitors, but it gives you an opportunity to check in on how your child is being cared for and helps encourage caregivers to pay closer attention to your child.

I Preach This Stuff Because I Live It Myself and It Matters

Posted on November 19, 2015 by Pamela

But It Was More Personal Than I Thought

I get asked sometimes why I do this kind of law, and my answer always involves the fact that I have special needs kids of my own, and I know how important the things I do are to the quality of life for the kids and the family. But my passion comes from a deeper place.

When my step-daughter turned 18 last fall, I gave her a perfect birthday present. Not another iTunes card, although she would surely have called that the second most perfect birthday present possible (after the first best, a car, which just is not happening in this lifetime).

What I gave her was a folder full of legal documents – a power of attorney, medical power of attorney, HIPAA Release, and a few others. I told her “now that you’re an adult, these are some of the most important things you will do for yourself and your loved ones. “ She was skeptical, but finally got around to filling them out and properly completing them. She even gave me copies to keep safe for her (I’ll admit I planted that idea in her mind).

After that I got to thinking about how many new adults don’t have these documents and don’t even know they exist, let alone why they need them.

As a result, I recently created the Young Adult Kit, a do it yourself guide that provides templates and step by step instruction for young adults to make sure that parents or others can help take care of their life in an emergency. I am passionate about getting the word out to parents of these young adults that they need to educate their kids on how important this is.

A few short days after I first started advertising and selling this kit, I found myself extremely grateful to myself for getting my daughter to do this stuff.

Because that week, we became the unlikely event that I preach about. My daughter, who has struggled with mental health issues all her life, found herself on a mandatory hold in a psychiatric hospital Sunday morning. To make matters worse, the timing was such that her high school graduation and University enrollments were in limbo. A contract and substantial deposit for housing had been sent in the day before her event. The psychiatric hospital has strict contact and visitation rules, so without her consent none of us could communicate with her. And she was very angry when she was taken there, so it’s no surprise we did not hear from her.

The contract with the University is hers, but the money was her mother’s. My daughter could cancel the contract without penalty by the following day, but no one could get in touch with her. There was a possibility that she would be deemed incompetent for a time to care for herself, but with four parents it’s unclear whether the doctors would be willing to choose any of us to stand in her stead. And problems with the nightmare that is health insurance coverage in cases of mental health treatment could only be handled by my daughter because of privacy laws.

The family crisis increased tenfold.

Except, she had completed the documents I gave her on her birthday. We had her own grant of permission to go in and take care of her university withdrawal and other necessary business, which prevented the needless loss of money and preserved her ability to re-enroll when she was ready. We also had her grant of permission, made in a calmer time, to talk with medical staff and insurance company personnel to make sure that she received all the coverage that she so desperately needed.

When her mother called me after her hospital admission, desperate to figure out a way to deal with all of these things, I was able to tell her – it’s covered. You don’t need to worry about that part. Take that off your plate, your daughter did you a huge favor by preparing for events like this in advance.

While there was still plenty to worry about, it was far more manageable because of the very simple steps she had taken months before.

You may never need these things. But if you do, you will be so grateful that you have them.

Give a kit to all the young adults in your life. Send this article to a friend. Help spread the word about this very important part of being an adult. The Young Adult Kit for Texas Residents

A good time to take action

Posted on October 19, 2015 by Pamela

Do the words “wills”, “trusts,” “estates,” and “health care directives” make you think of tools that help protect your family and your wishes if death or incapacity strikes? Or do you ignore those words, thinking they don’t apply to little old regular you?

October 19th-25th, 2015 marks National Estate Planning Awareness Week. This week is to spread the word that estate planning is for everyone. A young parent just starting out, a hard working middle ager realizing you are not immortal after all, a wealthy entrepreneur or a senior citizen looking at finite resources, estate planning provides a solid legal foundation for protecting your family, your financial security, your wishes and your independence through all of life’s transitions.

Prepare and Protect Your Family: If you have minor children, estate planning allows you to appoint the people you want to raise them in the event of your unexpected death or incapacity. Trusts allow you to protect minor children, or even adult children, who may not be prepared to receive a large sum of money after you die. Health care directives and powers of attorney make it easier for your family to manage medical and financial affairs during a health care crisis or unexpected incapacity. And of course, estate planning keeps your loved ones from unnecessary court and legal fees, and the worst of family feuds during the emotional time of loss.

Distribute and Maximize Finances: For both large estates and modest ones, estate planning ensures that more of your money goes to your family after your passing. Proper estate planning can also help senior citizens and baby boomers qualify for Medicaid and additional VA Pension Benefits for health care without becoming impoverished or “spending down” everything they own. Some professionals such as physicians and contractors also look to estate planning to shield their personal assets from lawsuits, creditors and other risks associated with their occupations. And families with children who have special needs can provide money for their care without jeopardizing access to government benefits.

Define Your Legacy: Do you have assets you wish to leave to certain people? Are you in a non-traditional relationship or blended family and want to ensure your loved ones are taken care of and share in your inheritance after you are gone? Is there someone you trust to make important medical or financial decisions on your behalf if you are unable to do so? Without an estate plan in place, all of these personal decisions will be made by the courts if the unthinkable happens. This is why estate planning is such an important strategy in making sure your wishes are known and honored if tragedy strikes.

Your Peace of Mind: With a well thought out estate plan in place, you have less to fear about the future – both for your own well being and that of your family members. Tools such as living trusts, powers of attorneys, insurance policies and health care directives can help you fund your future care needs and carefully design the life and independence you wish to enjoy during your later years.

Awareness is not enough—Take ACTION!

National Estate Planning Awareness Week is a great way to help more people become aware of estate planning and its role in protecting your financial future and the people you love—the information is useless if you don’t take action!

Attorneys spend their days thinking of the worst that can happen, but its true that none of us ever know when our time will be up. Estate planning should be taken care of early and often. Make a plan and keep it up to date so that if an unexpected illness or accident happens, you won’t have lost out on the planning options once available to you.

Call for an appointment to discuss your own personal needs now.

Special needs trust webinar

Posted on October 18, 2015 by Pamela

If you’re still trying to figure out what a special needs trust is, whether you need one, or what to do after you have it, register for the online webinar that will give you answers to everything you can think of and more. Tuesday, October 20, 2015, two times to choose from – noon central time and 8pm central time. 45 minutes jamp packed with information. Register here for

The Ins and Outs of Special Needs Trusts: why and how to leave money that will pay for the things that make life good for your special needs child.

Power of attorney is alternative to guardianship for elderly persons, not young adults with developmental disabilities

Posted on October 7, 2015 by Pamela

One of the most common questions I get from parents of teenagers and young adults with special needs is whether they should do a guardianship or a power of attorney. Powers of attorney are frequently talked about as alternatives to guardianship, but in reality, it’s not that black and white. For elderly people, a power of attorney can head off the need for a guardianship. But for people with developmental disabilities, it’s a very different story.

A guardian is a person appointed by a court to care for an incapacitated person. The legal description of incapacity in Texas law is: An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for himself or herself, to care for his or her own physical health, or to manage his or her own financial affairs. Other states will have slightly different, but similar definitions.

A power of attorney, on the other hand, is an appointment by an individual of someone to handle that person’s affairs on their behalf. The person signing the power of attorney must NOT be incapacitated, or the power of attorney appointment is not valid. In other words, the person signing the power of attorney must be able to fully understand the nature of the document and its consequences. A durable power of attorney means that once you sign it, it will continue to be effective until you revoke it, even if you subsequently become incapacitated.

Powers of attorney are extremely useful in avoiding the need for a guardian in elderly people who develop dementia or other conditions that cause them to be legally incapacitated. As long as they have signed a durable power of attorney before the incapacitating condition occurred, the person they named in the power of attorney will be able to handle their financial and other affairs without having to go to court and seek guardianship.

Although there are many reasons to have a power of attorney, one of the most important ones is so that in case you become disabled later in life, someone will be able to take care of you without anyone having to go to court and spend the time and money to get a guardianship.

For children with developmental disabilities, that’s not a possibility. Unlike an adult who becomes disabled later in life, a child who is born with or who is diagnosed with a developmental disability and who meets the legal definition of incapacity, has never had a time when they were not incapacitated. Therefore, there is never a time when they have the capacity to sign a power of attorney. There was never an in case for them. For children with a developmental disability who cannot care for themselves when they turn 18, guardianship is the only option.

Of course, not all young adults with a developmental disability are unable to understand and handle their own care. If they are not legally incapacitated, then a power of attorney is completely appropriate so that they can name someone that they want to be able to help them with their affairs.

The decision whether to seek guardianship or a power of attorney is not an either/or situation for a young person with a developmental disability. If they are incapacitated, they cannot legally create a power of attorney. And if they are not incapacitated, then they are not in need of a guardian. The question is not whether to have a guardian or a power of attorney, but rather the question is whether they are legally incapacitated or not.

What you do for your child when they turn 18 is dependent on your child’s individual abilities and level of functioning. If it is not clear, begin discussing this with your child’s doctor’s in the year prior to their 18th birthday.

Will you be a Dodo bird or an Eagle?

Posted on September 15, 2015 by Pamela

Ever wonder what will be said about you at your funeral? Lots of people, especially as they get closer to the end of their lives, think about the legacy they will leave, and hope that they will be remembered for something good.

The Dodo bird went extint hundreds of years ago, in the 1600’s. Despite that, it has managed to be remembered to this day and most people are aware of the Dodo bird and it’s extinction.

Twenty years ago the American Bald Eagle was near extinction. When people became aware of how endangered it was, there was much talk of the beauty, the symbolism, the spirit that would be lost if it became extinct.

And therein is the difference and the lesson for us: the Dodo Bird is well remembered, becuase it could not fly and became extinct. It is famous for being extinct and not being able to fly. The potential loss of the Eagle worried people becuase of what would be lost to us.

It has been my experience that the biggest advocates of writing a will are adult children of parents who died without one. Family gatherings inevitably turn eventually to the mess of an estate that was left behind.

Family gatherings of individuals who left a will often include fond, touching, and funny remembrances of the deceased individual.

If you die with a will, no one will ever mention it again once the estate is settled, but if you die without one they will talk about nothing else whenever they talk about you.

Do you want to be remembered like the Dodo bird, for what you failed to do?

Or do you want to be remembered for how you lived your life?

What is a Fearless Family?

Posted on September 10, 2015 by Pamela

A Fearless Family understands that the future is unknown, but it does not have to be scary.

Take your average family with your average young kids. The family probably expects their kids to grow up, get a job, have a house, a family of their own, and generally wander about in the world in a similar fashion to the parents. The parents understand that they don’t know what kind of job their child will have, where they will live, if they will get divorced after they get married, if there will be grandkids, whether a serious auto accident will change plans drastically, whether the new tax rates will affect their child’s savings, if the child will progress steadily at their place of employment or get laid off and have to start over in a new job or line of work, and the parents do not know specifially what anything in their child’s life will look like in the future.

And yet, the parents will almost certainly send their kids to school, start a savings account for them, teach them how to talk to people, apply for jobs, hwo to treat their family members and stay in touch, cook, shop, and operate a bank account. The parents set in place all the tools and skills they can muster to put their children in a position to handle whatever comes at them in the future.

Parents universally understand that the future is unknown. And yet, they are seldom scared of it because they are able to equip their children with what they need to handle what comes up.

These same parents are often paralyzed by fear of the unknown, however, when it comes to their special needs children, who may not be able to navigate the world and its unknowns by themselves. For some reason, the unknown becomes scary, often debilitatingly so, when parents think about the future of their special needs child. And so, instead of putting together the tools and skills and supports that their special child will need, they hide their head and throw up excuses for why they can’t get to it right now, all in an effort to flee from what scares them.

A Fearless Family accepts that the future is unknown. They accept that there are tools to prepare their special needs child for the future just as there are tools to prepare their other children. A Fearless Family accepts that while these tools are different, they are just as useful and just as necessary and that they make the future no less unknown, but a whole lot less scary.

And a Fearless Family plunges into the fear so that it can be released.

Estate planning means answering these questions

Posted on September 7, 2015 by Pamela

Do you know what “estate planning” is, exactly? Basically, it is your plan for what will happen if you die or become seriously disabled, and it should answer the following questions:

Who Will Administer Your Estate If You Die?

In other words, what person do you trust to carry out your wishes, make sure things are wrapped up properly, and that your heirs are properly taken care of?

Who Will Care For Your Minor Children And Any Adult Disabled Children?

You should name the person or people you want to raise your children and provide for their care if you and their other parent both die. If you are the guardian of yoru adult disabled child, you can also name the person you think should take over that role if you die.

Who Should Get Your Money and Things?

You should have a basic distribution plan for the things you leave behind, including money, retirement plans, your personal property, famly heirlooms . . . and only with a will can you be sure that things will go to the people you want to have them.

Who Should Manage the Money You Leave to Your Children?

You may not want the same person who is the guardian of your children to also manage their money. You can name trustees to manage anything you leave for your minor or disabled children.

Estate Planning should also include naming people to help take care of your own affairs if you become disabled.

Once all of these questions have been answered, the proper legal documents will be created so that you can be sure that your wishes are carried out.

Check out our Fearless Family Legal Documents package, designed for families that have children with disabilities.

First steps may come late . . .

Posted on September 5, 2015 by Pamela

. . . but for special needs parents, they are still sweet. For some kids, the first steps never come at all, but other firsts arrive on their own unique schedule and we relish every one of them.

That said, there are steps parents should be taking as well. I was reading a post this morning on a business blog called “51 Weeks of Pace: Leap!” It was about a planning technique that requires you to start taking steps before you have THE PLAN, as they put it. In otherwords, doing is sometimes more important than knowing everything first.

Ultimately, the writer, a business coach, challenged readers to ask themselves “what can I do to build my business today” and to make the answer a priority on their to do list.

It’s a challenge I give to parents – if you died today, would you have everything in place you need to give your child the best chance at a safe transition to new caregivers and the most financial security you have to offer?

If the answer is no, then ask yourself, “what can I do today to make progress toward that goal,” and make your answer a priority on your own to do list.

If you don’t know what to do to make that progress, you can read through or listen to the resources in this blog, or give my office a call and schedule an appointment to talk about where you are, where you need to be, and how you can get there. We help families all over the state of Texas, and we can help yours too.