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	<title>Byrd : Garrett, PLLC Blog</title>
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		<title>Are You Doing Too Much? The Difference Between Caretaking and Caregiving</title>
		<link>http://www.byrdgarrett.com/blog/elder-law/difference-caretaking-caregiving/</link>
		<comments>http://www.byrdgarrett.com/blog/elder-law/difference-caretaking-caregiving/#comments</comments>
		<pubDate>Sat, 26 Jan 2013 23:00:52 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[eldercare]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1988</guid>
		<description><![CDATA[As more people spend time providing elder care services to parents or other elderly family members, they often experience stress or difficulties because of the services they provide. Elder care, especially for untrained volunteers, can be very difficult, and it’s important to know when you need to step back and think about the difference between [...]]]></description>
			<content:encoded><![CDATA[<p>As more people spend time providing <a title=" Elder law" href="http://www.byrdgarrett.com/estate_planning/elder-law" target="_blank">elder care</a> services to parents or other elderly family members, they often experience stress or difficulties because of the services they provide. Elder care, especially for untrained volunteers, can be very difficult, and it’s important to know when you need to step back and think about the difference between caregiving and caretaking.</p>
<p>Caregiving and caretaking are both words that describe elder care, but they can also be used to distinguish between a healthy relationship and an unhealthy one. A caretaker is someone who provides care but in a manner that is unhealthy either to the caretaker or to the elderly person. Caregiving, on the other hand, can be used to describe a healthy relationship where both the caretaker and the elderly person have a positive experience.</p>
<p>So how do you know the difference? It’s a fine line, but caretaking is often stressful, frustrating, and exhausting. Caregiving, on the other hand, is loving and, though it can be stressful at times, is something you draw strength and inspiration from.</p>
<p>Caretaking will often lead to feelings of depression in the person who provides care. The long hours, stressful situation, and feeling of constant pressure are common feelings for caretakers who are overwhelmed by the process. Also, unhealthy caretaking relationships do not give the person providing care a sense of accomplishment. Caregivers, on the other hand, come away feeling better about themselves knowing that they have helped someone else with their problems.</p>
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		<title>Understanding the Clauses in Your Will</title>
		<link>http://www.byrdgarrett.com/blog/wills-and-trusts/understanding-clauses/</link>
		<comments>http://www.byrdgarrett.com/blog/wills-and-trusts/understanding-clauses/#comments</comments>
		<pubDate>Sat, 26 Jan 2013 23:00:23 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Wills and Trusts]]></category>
		<category><![CDATA[wills]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1990</guid>
		<description><![CDATA[Knowing about the different kinds of clauses that are in your will is an important part of understanding the estate plan that you’re trying to put together. After all, if you don’t know what the will is saying, how can you know for certain what you’re doing with your estate? With that in mind, take [...]]]></description>
			<content:encoded><![CDATA[<p>Knowing about the different kinds of clauses that are in your <a title="wills" href="http://www.byrdgarrett.com/estate_planning/wills" target="_blank">will</a> is an important part of understanding the estate plan that you’re trying to put together. After all, if you don’t know what the will is saying, how can you know for certain what you’re doing with your estate? With that in mind, take a moment to look over some of the various types of clauses contained in a will.</p>
<p><strong>Declaration and Revocation </strong></p>
<p>These clauses work in tandem of to let the reader now that you have unequivocally made it so that the document they are holding in their hands is, without a shadow of a doubt, what you intended as your last will and testament. For example, “I, William Jones, declare this to be my last will and testament.  All wills and codicils that I have previously prepared are hereby revoked.”</p>
<p><strong>Guardianship </strong></p>
<p>The clause is where you designate someone to serve as guardian to your children if you are unable to do so yourself, due to death or incapacitation. A guardian is kind of like a replacement parent, so don’t make this decision lightly.</p>
<p><strong>Residuary Gifts </strong></p>
<p>This clause is used as a catch-all for any of the assets that you do not specifically give to someone elsewhere within the will. It will designate the person or entity to which this residual property will pass.</p>
<p><strong>Signatures, Witnesses and the Self-Proving Affidavit</strong></p>
<p>A self-proving affidavit is a unique statement that the witnesses sign to indicate that the proper procedures were followed, and that you knew what was going on when you signed, and you signed willingly.</p>
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		<title>Learning From General Norman Schwarzkopf</title>
		<link>http://www.byrdgarrett.com/blog/estate-planning/learning-general-norman-schwarzkopf/</link>
		<comments>http://www.byrdgarrett.com/blog/estate-planning/learning-general-norman-schwarzkopf/#comments</comments>
		<pubDate>Sat, 26 Jan 2013 22:59:33 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Legacy Planning]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1984</guid>
		<description><![CDATA[As commander of coalition forces during operation Desert Shield and Desert Storm, General Norman Schwarzkopf left behind a legacy as a great military commander when he died this December. He also left behind a legacy that can teach us a lot about estate planning, even if we did not serve in the Armed Forces or [...]]]></description>
			<content:encoded><![CDATA[<p>As commander of coalition forces during operation Desert Shield and Desert Storm, General Norman Schwarzkopf left behind a legacy as a great military commander when he died this December. He also left behind a legacy that can teach us a lot about <a title="estate planning" href="http://www.byrdgarrett.com/estate_planning/estate-planning" target="_blank">estate planning</a>, even if we did not serve in the Armed Forces or were not as noteworthy or famous as the late general.</p>
<p><strong>Legacy Planning</strong></p>
<p>Part of estate planning is not simply making choices about who we leave our money to and how we can best structure our estate to minimize tax exposure, but it’s focused on the broader picture of protecting our legacy and leaving behind a memory of which we would be proud.</p>
<p>When Mr. Schwarzkopf left the Army, he could have taken any number of paths that would have affected his legacy. He could have remained in the public eye, entered into politics, or taken positions that could have impacted his legacy positively or negatively. Instead, General Schwarzkopf chose a mostly private life that was lived outside of the public eye. By maintaining this position and not becoming involved in disputes or political fights, the general’s legacy remained largely intact when he retired soon after leaving the successful Gulf War.</p>
<p><strong>Veterans Benefits</strong></p>
<p>As one of the highest ranking military officers of his time, the general not only had notoriety, but also had access to all the veterans benefits that’s everyone who has served in the Armed Forces can access. Veterans have access to benefits such as aid and assistance, survivor benefits, commissary access, and a range of other programs that can help you now, and help your family after you die.</p>
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		<title>Getting Started on Single-Retiree Estate Planning</title>
		<link>http://www.byrdgarrett.com/blog/estate-planning/started-singleretiree-estate-planning/</link>
		<comments>http://www.byrdgarrett.com/blog/estate-planning/started-singleretiree-estate-planning/#comments</comments>
		<pubDate>Fri, 25 Jan 2013 22:58:45 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Retirement Planning]]></category>
		<category><![CDATA[retirement]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1974</guid>
		<description><![CDATA[Whether you are recently divorced, never married, or widowed, a single retiree has a greater need to begin estate planning than married people do. As a single person facing retirement and the challenges that come with growing older, you’ll need to create a plan that allows you to maintain as high a quality of life [...]]]></description>
			<content:encoded><![CDATA[<p>Whether you are recently divorced, never married, or widowed, a single retiree has a greater need to begin <a title="estate planning" href="http://www.byrdgarrett.com/estate_planning/estate-planning" target="_blank">estate planning</a> than married people do. As a single person facing retirement and the challenges that come with growing older, you’ll need to create a plan that allows you to maintain as high a quality of life as possible while still allowing for the possibility of receiving outside assistance.</p>
<p>A single retiree’s estate plan will include same basic documents that other estate plans include, such as a will, powers of attorney, and medical directives. However, you’ll also have to take into consideration your ability to obtain assistance and elder care services should you ever require them.</p>
<p>For example, single retirees can often benefit from developing a Medicaid plan that they can use if they ever need to enter a nursing home. Medicaid planning requires you to act years in advance in order to use Medicaid to pay for nursing home expenses. You don’t need to sell all your possessions in order to receive Medicaid, but Medicaid planning does require careful preparation.</p>
<p>Additionally, if you plan on living at home you will need to take precautions, especially if you live alone. If you don’t live with anyone and do not have close friends or relatives nearby who can assist you when you need them, you’ll have to prepare for the possibility of outside assistance. This might include, for example, hiring in-home caregivers, contractors to make your home more senior friendly, or temporary assistants who can visit you when needed.</p>
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		<title>The Importance of Carrying an In Case of Emergency Card</title>
		<link>http://www.byrdgarrett.com/blog/estate-planning/importance-carrying-case-emergency-card/</link>
		<comments>http://www.byrdgarrett.com/blog/estate-planning/importance-carrying-case-emergency-card/#comments</comments>
		<pubDate>Fri, 25 Jan 2013 22:58:05 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[Estate Planning]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1980</guid>
		<description><![CDATA[We never know when we might be involved in a serious car accident, succumb to a medical emergency, or become a victim of a violent crime. If you are overcome by one of these situations, wouldn’t it be a comfort to know that emergency responders and health care providers had the information they required in [...]]]></description>
			<content:encoded><![CDATA[<p>We never know when we might be involved in a serious car accident, succumb to a medical emergency, or become a victim of a violent crime. If you are overcome by one of these situations, wouldn’t it be a comfort to know that emergency responders and health care providers had the information they required in order to save your life? And if they were unable to save your life, wouldn’t you want your loved ones to have the news of your passing be delivered as gently as possible? That is the purpose of an In Case of Emergency (ICE) card.</p>
<p>An ICE card usually contains the following information:</p>
<p>- Your name and contact information;</p>
<p>- Listing of any medical conditions with which you have been diagnosed;</p>
<p>- Listing of your known allergies;</p>
<p>- Name and contact information of the person(s) you wish to be contacted in an emergency;</p>
<p>- Name and contact information of your primary care physician;</p>
<p>- Name of your insurance provider, as well as your policy number.</p>
<p>Creating an ICE card is relatively simple and easy to do. There are some for-purchase websites that provide ICE cards that go into great detail, but there are also many free templates to be found online as well. One such website belongs to AAA, and it contains a free template that is easy to print and understand.</p>
<p>If you have not yet taken the time to create an ICE card, you should do so as soon as possible.</p>
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		<title>What Happens if I Make a Will and a Beneficiary Dies Before I Do?</title>
		<link>http://www.byrdgarrett.com/blog/wills-and-trusts/beneficiary-dies/</link>
		<comments>http://www.byrdgarrett.com/blog/wills-and-trusts/beneficiary-dies/#comments</comments>
		<pubDate>Fri, 25 Jan 2013 22:57:19 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Inheritance Planning]]></category>
		<category><![CDATA[Wills and Trusts]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1970</guid>
		<description><![CDATA[When you create your will you decide who receives your property after you die. Those you select become known as your beneficiaries and, as long as you do not change your will, they will inherit your property. But what happens if one of your beneficiaries dies before you do? Who inherits the property then? When [...]]]></description>
			<content:encoded><![CDATA[<p>When you create your will you decide who receives your property after you die. Those you select become known as your beneficiaries and, as long as you do not change your will, they will inherit your property. But what happens if one of your beneficiaries dies before you do? Who inherits the property then?</p>
<p>When the beneficiary dies before a testator—a person who makes a <a title="wills" href="http://www.byrdgarrett.com/estate_planning/wills" target="_blank">will</a>—the gift the beneficiary would have received is said to have lapsed. All states have created what are known as anti-lapse laws, or anti-lapse statutes, that direct how lapsed property passes in this situation.</p>
<p>However, you do not have to rely upon your state’s anti-lapse laws to address this possibility. You can create your own anti-lapse provision or clause in your will to determine what happens should the beneficiary predecease you. In this situation your anti-lapse clause will take precedence over state law.</p>
<p>For example, let’s say your state has a law that directs that any lapsed gift will pass to the deceased beneficiary’s descendants. This means that if you leave your child an inheritance and the child dies before you do, that inheritance will pass to the grandchildren.</p>
<p>But, you can also create an anti-lapse clause in your will that differs from state law. So, you might say that any lapsed gift will pass according to your residuary clause. Your residuary clause might state, for example, that your residuary property will pass to a charity.</p>
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		<title>Using Trusts in Your Estate Plan to Help Your Troubled Child</title>
		<link>http://www.byrdgarrett.com/blog/wills-and-trusts/trusts-estate-plan-troubled-child/</link>
		<comments>http://www.byrdgarrett.com/blog/wills-and-trusts/trusts-estate-plan-troubled-child/#comments</comments>
		<pubDate>Thu, 24 Jan 2013 22:56:21 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Inheritance Planning]]></category>
		<category><![CDATA[Wills and Trusts]]></category>
		<category><![CDATA[inheritances]]></category>
		<category><![CDATA[trusts]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1965</guid>
		<description><![CDATA[As a parent, you will always worry about your children. Fortunately, these concerns will be largely unnecessary since most children learn how to handle the ups and downs of the world from their parents’ love and guidance. However, some concerns are justified because some children, no matter what age, seem to always need parental guidance. [...]]]></description>
			<content:encoded><![CDATA[<p>As a parent, you will always worry about your children. Fortunately, these concerns will be largely unnecessary since most children learn how to handle the ups and downs of the world from their parents’ love and guidance. However, some concerns are justified because some children, no matter what age, seem to always need parental guidance. And, while you are alive, you can provide the direction and encouragement to steer your child clear of their compulsions, such as gambling, drug abuse or excessive drinking. But, is there something you can do now to make sure your child does not chip away at their future inheritance, or take away from your ability to plan for your own future?</p>
<p>One effective estate planning tool to protect your assets, and your children’s inheritance, is to create a <a title="trust administration" href="http://www.byrdgarrett.com/estate_planning/trust-administration" target="_blank">trust</a>. A trust is very flexible, allowing you to set the terms for releasing monies to your children or other heirs, and to change the terms of the trust during your lifetime, if needed. Some establish the trust so that additional money is set aside to one child to take care of anticipated expenses for a more troubled child. Some trusts require that a beneficiary pass a drug or alcohol test before funds are disbursed; others write their trust to have a third party manage the funds for the beneficiary to limit the amount of access a beneficiary has to their trust funds. Although you may not be comfortable treating your children differently, circumstances may dictate that you do so to best provide for the future of your loved ones.</p>
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		<title>When You Want to Change the Terms of Your Testamentary Trust: 3 Tips</title>
		<link>http://www.byrdgarrett.com/blog/wills-and-trusts/change-terms-testamentary-trust-3-tips/</link>
		<comments>http://www.byrdgarrett.com/blog/wills-and-trusts/change-terms-testamentary-trust-3-tips/#comments</comments>
		<pubDate>Thu, 24 Jan 2013 22:55:34 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Wills and Trusts]]></category>
		<category><![CDATA[testamentary trust]]></category>
		<category><![CDATA[trusts]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1957</guid>
		<description><![CDATA[Tip 1: Be clear about the changes you want to make and why. People often establish a testamentary trust to provide inheritances to those who cannot govern them themselves, such as minor children who cannot directly own property. If you want to change the terms of the trust you need to be sure why you [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Tip 1: Be clear about the changes you want to make and why.</strong></p>
<p>People often establish a <a title="trust administration" href="http://www.byrdgarrett.com/estate_planning/trust-administration" target="_blank">testamentary trust</a> to provide inheritances to those who cannot govern them themselves, such as minor children who cannot directly own property. If you want to change the terms of the trust you need to be sure why you are doing so and if changing the trust terms is the right course. You should speak to an attorney about this because there may be other alternatives you have not considered that could fit your desires better.</p>
<p><strong>Tip 2: Consider the effect the change will have on your other property.</strong></p>
<p>A significant change to the terms of your testamentary trust could impact the other gifts or conditions you included in your will. If, for example, you direct that additional property gets transferred to the trust, that property might affect the inheritances you directed in the will.</p>
<p><strong>Tip 3: Make your changes in writing.</strong></p>
<p>The most common way to update or alter the terms of a testamentary trust is to create a codicil or a new will. A codicil is a document that alters the terms of your existing will, while a new will allows you to completely rewrite it. Both documents must be printed and comply with the laws of your state. These laws are the same laws that applied when you made your original will, and failing to meet them will render the updated document invalid.</p>
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		<title>Maintaining Independence as a Senior</title>
		<link>http://www.byrdgarrett.com/blog/elder-law/maintaining-independence-senior/</link>
		<comments>http://www.byrdgarrett.com/blog/elder-law/maintaining-independence-senior/#comments</comments>
		<pubDate>Thu, 24 Jan 2013 22:54:58 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[elder care]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1960</guid>
		<description><![CDATA[As seniors age they often experience the desire to keep their interests static and to not branch out into new things. While this tendency is natural, it can also be a hindrance to your ability to maintain an independent lifestyle. Here are a few tips you can use to help you preserve your ability to [...]]]></description>
			<content:encoded><![CDATA[<p>As seniors age they often experience the desire to keep their interests static and to not branch out into new things. While this tendency is natural, it can also be a hindrance to your ability to maintain an independent lifestyle. Here are a few tips you can use to help you preserve your ability to live on your own terms.</p>
<p><strong>Seek financial advice.</strong></p>
<p>A good financial planner can help you maintain your financial independence by not only organizing your finances, but also by proposing new financial tools of which you may not be aware. Your advisor should also be able to help you determine how much your lifestyle costs and develop a plan that allows you to maintain that lifestyle for long as possible.</p>
<p><strong>Update your home.</strong></p>
<p>Elderly people have different needs than younger people have, and while you may want to remain in your home it’s always a good idea to consider new updates or improvements that can better allow you to do so. Simple additions, such as automatic lighting and additional grab bars or handrails in the bathroom can make your home environment much easier to navigate.</p>
<p><strong>Stay active socially.</strong></p>
<p>Even if you have good family relations and close friends, it’s always a good idea to try new things. That doesn’t mean you have to suddenly join a group of strangers, but it can mean taking simple steps, such as going on a regular walk in a park or attending community plays or other social functions.</p>
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		<title>Incorporating Insurance Into Your Estate Plans</title>
		<link>http://www.byrdgarrett.com/blog/estate-planning/incorporating-insurance-estate-plans/</link>
		<comments>http://www.byrdgarrett.com/blog/estate-planning/incorporating-insurance-estate-plans/#comments</comments>
		<pubDate>Wed, 23 Jan 2013 22:54:05 +0000</pubDate>
		<dc:creator>Geoffrey H. Garrett, Estate Planning Attorney</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Insurance]]></category>
		<category><![CDATA[insurance]]></category>

		<guid isPermaLink="false">http://www.byrdgarrett.com/blog/?p=1941</guid>
		<description><![CDATA[Thinking about what to include in your will, how you can use various types of trusts, and what medical directives you want to include in your estate plan are all very important, but you shouldn’t forget about the role insurance plays as well. Many people will use insurance as a key part of their estate [...]]]></description>
			<content:encoded><![CDATA[<p>Thinking about what to include in your will, how you can use various types of <a title="living trusts" href="http://www.coloradoestateplan.com/estate_planning/living-trusts" target="_blank">trusts</a>, and what medical directives you want to include in your estate plan are all very important, but you shouldn’t forget about the role insurance plays as well. Many people will use insurance as a key part of their estate and inheritance plans. Not only will medical insurance be an important part, but you must also consider the role life insurance and long-term care insurance will have.</p>
<p><strong>Life Insurance</strong></p>
<p>There are two main types of life insurance policies: whole and term. Term life insurance is the type of life insurance that most people think of when they think of life insurance. For this kind of policy you pay a yearly premium and can name a beneficiary who would receive a payout should you die during that year. Whole life insurance also provides for beneficiary payments, but it adds an investment element as well. Whole life insurance is more expensive, but it allows you to develop an investment portfolio and borrow against the portfolio’s worth.</p>
<p><strong>Long-Term Care Insurance</strong></p>
<p>If you believe you might need to one day reside in a nursing home or extended care facility, long-term care insurance is a good option. If you do not want to develop a Medicaid plan or do not believe you will be able to qualify for Medicaid, long-term care insurance can help alleviate the expenses associated with nursing home care. Like other forms of insurance, it  is always best to evaluate each long-term care insurance plan in light of your needs and financial abilities.</p>
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