Wednesday, October 20, 2010

Aiming for 100+

The New York Times recently ran a story about living to age 100 and beyond. The centenarians who were interviewed were examples of good living, good luck, and good outlooks. Referring to several studies, the article reviewed the usual reasons for longevity--genetics (although not as big a factor as many might guess), caring for one's health, and a positive attitude.

As one 99-year-old interviewee put it, “I am blessed and I’ve worked on it. You’ve got to work, be cheerful and look for something fun to do. It’s a whole attitude. "

Last year, I posted about a collection of stories from diverse and interesting centenarians.

Monday, October 18, 2010

More on financial powers of attorney

As of September 1, 2010, Wisconsin has an all-new financial power of attorney law--new statutes and new state form. I introduced the new legislative act shortly after it became effective, and I will include more detailed posts about various aspects of the law.

For an extensive explanation, see this article in the June 2010 Wisconsin Lawyer magazine (the Wisconsin state bar's official publication). I wrote the article's sidebar about the new law's state form.

Powers of attorney must be on people's minds lately. See this "ask the expert" column from the New York Times' blog about aging. Although the answer to the question may be correct in some states, it is not entirely correct under Wisconsin's new law. In Wisconsin, coagents can act independently unless the power of attorney specifies otherwise. As in most cases, legal questions have many nuances and an inquiry with an attorney in the relevant state is very helpful.

Tuesday, September 14, 2010

Who will draft your will?

There are many options for prepare one's will and other estate planning documents. And, of course, many do-it-yourself options are less expensive than paying an attorney a few hundred (or even a few thousand) dollars to do that for you. In that vein, consider this essay about will-preparation software from the New York Times. When the writer tried four different software programs to draft her own will, she got mixed results--some perfectly acceptable, but some not so much.

In the end, the documents themselves are only part of the picture, whether you prepare your own estate planning documents or have an attorney draft them for you. The BIGGEST benefit of having an attorney assist with estate planning is the ADVICE. Legal counsel is especially important in complex situations like remarriage, potentially disagreeable family members, or a likely beneficiary with disabilities. An attorney provides the options, answers, and information for planning how one's estate will be handled and how surviving family members will be provided for. Then, the document drafting follows the conversation, with documents to carry out the plan.

Tuesday, September 7, 2010

Wisconsin's new Power of Attorney Act

As of September 1, 2010, Wisconsin has a new financial power of attorney act. Of course, you should be excited, at least if you are a certain segment of the legal profession in the state. After only a week, it seems that the new law will have attorneys advising clients and preparing documents differently. Articles, list serv discussions, and actual work for clients have us thinking through the range of possibilities.

Because the new law is so extensive, I will break up my comments on it into several topics. For now, I will simply link to the new chapter in the Wisconsin Statutes. (Just for comparison, the new law has an entire chapter in the statutes, where the predecessor statute was only a couple sections amounting to just a few pages.)

Thursday, September 2, 2010

Summer coming to an end with a family travel story

Why was the writer of this L. A. Times piece so surprised that traveling with older relatives can be fun?

Here's an introductory quotation about the family history potential for such travels:

"Traveling with parents to places that were important in their earlier lives can be important and meaningful for their life review and give the younger generations traveling with them insights into the ways that their parents' or grandparents' lives have shaped their own," says USC psychologist Bob Knight.

I enjoyed the story recounted in the piece where the elderly mother turned off her hearing aid during the road trip so that her travel companions (aka her adult daughters) could "talk about her."

Besides the family history dimension, the intergenerational connections can be priceless. So often we segregate ourselves, not just in society, but even in our families, by age.

Last January, I enjoyed a relaxing vacation to Maui with my partner and my mother. We enjoyed the sun, food, beaches, and activities with great memories together. The photo above is shot from our balcony where we enjoyed the warm weather and watched the whales in the channel.

(After a summer break from writing, I've resumed posts now as of September 2.)

Friday, April 23, 2010

When older parents get remarried

This article from the Wall Street Journal/Smart Money gives some great information and helpful suggestions regarding property and estates when older parents remarry. Careful consideration should be given to how to provide for a surviving spouse, but also to leave whatever desired (by the parent) inheritance to the children of the prior marriage. A couple possibilities include a prenuptial agreement or a trust.

Without careful planning, the adult children and the surviving spouse may be at odds, even to the extent of fighting over an estate in court. For example,
Most lawyers and financial planners agree that the families that get cross-ways are those that don't communicate. [An Atlanta attorney] says there is a saying in the field: "People get over the loss of a loved one sooner than the loss of an inheritance."

Monday, March 1, 2010

Golden (years) opportunities


For age is opportunity no less
Than youth itself, though in another dress,
And as the evening twilight fades away
The sky is filled with stars, invisible by day.

A few lines of Longfellow quoted in a New York Times essay about aging and the potential for freedom and happiness in old age. In a surprising example, the writer learned that those living in their later years, even with advanced old age, are not simply resigned to loneliness and sadness.

Monday, February 15, 2010

Korean scholars revisit international adoptions from Korea

In recent news from my alma mater, St. Olaf College, English professor, Jennifer Kwon Dobbs, is mentioned for her co-authored essay, "Rethinking Consent to Adoption," about internation adoptions of Korean children.

Concerning the numbers for 2009,
With the international trend clearly turning toward domestic solutions and family preservation, we may wonder why over 1,080 babies went to the U.S. from South Korea this year for adoption.
The authors continue by pointing out the legal (and fading cultural) bias against unwed mothers. That bias has been the engine behind moving the children of those unwed mothers into adoption, rather than promoting family preservation or even domestic adoption within Korea. The writers note that the laws are changing to accomodate a longer period for a mother to consider placing her child for adoption, but they encourage that much more be done to improve the attitude and process of adoption in Korea.

Fascinating perspective.

Monday, January 18, 2010

Work and meaning in hard economic times

In a New York Times Sunday Magazine essay entitled "Part-Time Fulfillment," writer Beverly Willett shares her experience working at a "fulfillment center" for phone and internet sales. The simple and personal messages that came with some orders reminded Willett of her own family connections, in addition to the manual work beside other working men and women.

Here's part of the essay:
The items [the center shipped in orders] ranged from T-shirts and teddy bears to coffee mugs and casserole dishes.

. . . The pay was $12 an hour, before taxes, with no health coverage, sick leave or other benefits. During the first few weeks, I sat in a chair all day and typed in orders, a far cry from my early days as a lawyer representing clients with household names.

Right after I got my first paycheck, my car broke down, and heating-oil money was diverted to the repair shop. During Week 2, the 20 to 25 hours I thought I’d be working dwindled to 13. But I called a halt to my pity party when I counted up all my friends who lost their jobs in 2009. And that’s when I began to feel satisfaction from the work I did get. Although the job involved inputting product codes and shipping data for several hours at a time, it somehow got me in touch with real people with real lives in real towns. And it gave me glimpses into worlds other than my own that, for at least the course of a workday, melted preoccupation with my own troubles.

Tuesday, December 15, 2009

Age is just a number, right?

Recently, the Washington Post ran this column about "old age," from the lens of the fraud conviction of 85-year-old Anthony Marshall (the son of prominent New York City philantropist, Brooke Astor, who died at age 105 in 2007).

Not so surprising from the author's numbers, people in their 70's and 80's are more active, healthy lives than their counterparts even a couple decades ago.

Also, the concept of "old" is age-relative:
[T]here's little agreement on what makes us old or even when we become old. That depends largely on the age of the person answering the question, according to a recent Pew Research Center survey. In this national sample of nearly 3,000 adults, people ages 18 to 29 say a person is old at 60; but people who are 60 don't believe that. Those who are 65 years old say they won't cross the line into old age until they turn 74.

The same disagreement exists over the markers of old age. A hefty 44 percent of young people think those who retire are old. But only 10 percent of men and women 65 and older -- the ones in the R Zone -- equate official retirement with being old.

Apparently, one's state of mind and physical health is not solely, or even predominantly, dependant on one's chronological age.