Any lessons for attorneys from the Brooke Astor case?

By now, the verdict against the Brooke Astor's son and the attorney who drafted her will is old news. However, attorney's around the country are evaluating the way they serve clients in preparing estate plans, and not just for clients with mega-sized estates that make the news.

The New York Times relates the scrutiny some attorneys are feeling, even if it is self-imposed:

[L]awyers and those in the academic world say [the conviction of Astor's son and attorney] is likely to force estate planners in New York and elsewhere to take extra precautions when balancing their clients’ wishes and competence.

The law generally requires a very low standard of mental capacity to execute a will, and there are few hard and fast rules that lawyers must follow when ascertaining a client’s competence.

Some experts said the Astor case could motivate lawyers to use additional safeguards to ensure that their clients are competent when there is any doubt.

Although attorneys should, as a matter of course, assure that their client have the mental capacity to properly execute their estate planning documents, cautious attorneys may implement even greater safeguards like mental evaluations or video recording of signings.

Help for those who care for elders

Many adult children who care for their aged parents face numerous challenges, including seeking out the best services for elder care and how to pay for them. A recent New York Times "Well" blog entry describes the process and benefits of engaging a geriatic care manager. Such a manager assists overwhelmed family members in assessing the elder's needs, connecting with high-quality services, and even negotiating the arrangements if family members disagree.

Because elder care is so personal and requires great trustworthiness, consider these suggestions from the entry:

Be sure to ask about backgrounds and credentials. If your parent has complicated medical issues, a care manager with a nursing background might be best. If the parent has cognitive problems or is just plain ornery, someone with a master’s in social work might be better.

Find out whether the person is a member of the national care managers’ association, which has strict requirements: members must have a master’s degree in a field related to care management, like nursing or social work, two years of supervised experience and certification by one of three accrediting agencies. Ask for a brochure and a fee schedule. Learn whether the care manager works alone or in a group practice and if they will be available to you 24 hours a day or just on weekdays.

Finally, consultations and care management can be fairly expensive, and Medicare does not pay for such services, so families need to take the financial piece into account too.

Modern families are complex families

Many people think that modern families are more complex than the "traditional" families of the past. However, I think the Leave It to Beaver household is largely a fiction of the 1950's. Even before divorce was widely acceptable and available, many families were disrupted by death, abandonment, or financial crisis. In my own family, a great-great-grandmother of mine was widowed young with a small child, then widowed again in her later years, and remarried each time.

In this piece from the New York Times blog "The New Old Age," the complicated scenarios surrounding caring for divorced elderly parents and their ex- and current spouses shows the latest variation on family life. Here's just a brief excerpt:

With remarriages, moreover, the cast of characters increases. Children may find themselves caring for three or four older people instead of one or two, dealing with several sets of doctors, social workers, accountants and attorneys. And with stepsiblings, sometimes a squadron of them.

And you can just guess the potential for conflict, either among adult children/stepchildren or between children and parent's "new" spouse. Topics such as nursing care, assets, or inheritance are potential sources for conflict over which families (and their attorneys) can fight.

Remembering Mary Travers

Mary, of Peter, Paul & Mary, died today at age 72. The music for which she was best known easily spans two or three generations, inspiring sing-along recognition. The New York Times obituary remembered her, including these words:

Ms. Travers’s voice blended seamlessly with those of her colleagues, Peter Yarrow and Paul Stookey, to create a rich three-part harmony that propelled the group to the top of the pop charts.
. . .

Their sound may have been commercial and safe, but early on their politics were somewhat risky for a group courting a mass audience. Like Mr. Yarrow and Mr. Stookey, Ms. Travers was outspoken in her support for the civil-rights and antiwar movements . . . .

Peter, Paul and Mary went on to perform at the 1963 March on Washington and joined the voting-rights marches from Selma to Montgomery, Ala., in 1965.

Julia Child retrospective, part 1

I haven't seen the recent movie, Julie & Julia, but hope to see it soon. The reviews and related commentary have been voluminous and enjoyable.

The L. A. Times ran this slideshow of photos looking back at the life and career of the famed gourmet cook who brought French cooking to America's kitchens, dining rooms (and living rooms via her television series).

Here's the accompanying caption to the slideshow:

Meryl Streep's mesmerizing performance in "Julie & Julia" had one downside -- walking out of the theater, it was hard to remember what the real Julia Child looked like anymore. That's because Streep was magnificent at channeling the endearingly awkward mannerisms and high-pitched voice of that master chef. So we decided to comb the L.A. Times article and photo archives for Julia Child highlights. And when we did, we were struck once again: No offense, Meryl, but the real Julia Child is absolutely unforgettable. Bon Appetit!

Ted Kennedy: "a lasting impact on the lives of other human beings"

Today was the funeral for Senator Ted Kennedy. Various news stories in the few days since his death relayed the details of his family history, his personal and political story, and the many accolades from people of all persuasions. As just one example of the news coverage, here is the compiled coverage from the Washington Post.

As part of the funeral service, President Obama delivered a eulogy of Kennedy; here is an excerpt from the Post's account:

"We can use each day to show those who are closest to us how much we care about them, and treat others with the kindness and respect that we wish for ourselves," Obama said. "We can learn from our mistakes and grow from our failures. And we can strive at all costs to make a better world, so that someday, if we are blessed with the chance to look back on our time here, we can know that we spent it well; that we made a difference; that our fleeting presence had a lasting impact on the lives of other human beings. . . . This is how Ted Kennedy lived. This is his legacy."

New cemetery marker--thanks but no thanks

A former student and admirer of Frank Lloyd Wright placed a marker on the grave of Wright's famous love interest, without approval of the cemetery board. Ultimately the board decided to return the unauthorized marker. The news story from the Wisconsin State Journal begins this way:

A gravestone for Frank Lloyd Wright’s professional inspiration and personal sorrow, murder victim Mamah Borthwick, placed without permission in a family cemetery at Taliesin outside of Spring Green one late night in May, will be returned to a well-intentioned admirer.

Hawaii's Fiftieth Anniversary of Statehood

The fiftieth anniversary of Hawaii's statehood last week was noted in this New York Times op-ed piece. The author, who is a transplant to the islands, comments on the beauties and quirks of our 50th states. He concludes with this observation and compliment:

And since people’s faults are often their virtues when looked at a different way, the aversion to self-promotion is often a welcome humility; the lack of confrontation or hustle is a rare thing in a hyperactive world. Islanders are instinctively territorial, but bound by rules, so privacy matters and so does politeness and good will.

A beautiful example of a life for others

Eunice Kennedy Shriver died this week; here's the New York Times obituary for her. Most notable in all the tributes was her founding of the Special Olympics (the site is now transformed into a wonderful tribute to her).

In pleasant contrast to the current health care reform fervor, which seems to be motivated by fear and self-interest (frequently exaggeratedly so), Shriver's concern for others, especially those who historically were marginalized because of disability, is a bright example.

We typically think of the Kennedy family as politicians, often with some ideal of public service. Shriver reminded us that we can all undertake public service for the common good.

Health care reform explained

In all the swirl of comments and controversy, the New York Times offered this primer on the health care proposals in Washington. It highlights that there are still several bills under consideration, that the outrageous claims of some are unfounded, and various interests will need to compromise (meaning, the President, Congress, doctors, insurers, your grandmother will not get all they had hoped for).

Obviously, this topic is still a moving target, so stay engaged in the news for how healthcare reform will unfold.