Sunday morning traffic jam, Crawford Colorado

I had just checked into the Crawford Country Store and Motel—a combination convenience store and motel in Crawford, Colorado.  I had chosen to live at this clean and basic lodging during a five-day horse training clinic on the western slope of the Rockies.  After I found and entered my room, I dropped my bags and headed for the bathroom.  I walked in, turned to my right, and flipped the light switch—nothing happened.  “The light bulb must be burned out,” I thought.  I tried again—and nothing.  Well, I hustled back downstairs to the country store area and told the folks behind the counter that my bathroom light did not work.  A young man looked at me, chuckled, and said, “You need to flip the switch behind the towel.”  My jaw dropped and I asked, “There’s a switch behind the towel?”  He assured me that there was, as he had just used it that morning when he cleaned the room.  Shaking my head and wondering about whomever had decided to install a towel rack over a light switch, I went back upstairs to see if this was really true.  I put my hand behind the towel and felt a switch.  Bingo, the light turned on!

I thought about this for a moment…  I had a low opinion of the decision to place a light switch “behind the towel”—but then it reminded me of how often in life the real answer to something is hidden from us.  The obvious answer is often not the right answer—this is why we need to find those professional counselors, health care providers, and lawyers who know where to find the light switch we need.

Imagine for a moment that you suddenly have a diagnosis of some grave physical ailment.  You would most likely consider immediately hustling off to see experts places such as the Mayo Clinic or the Cleveland Clinic.  Another example: even though we are lawyers ourselves, we often hire other lawyers to give us advice in specific legal problem areas.  When we need to hire a lawyer, we seek out an experienced practitioner with a proven record.  You see, when I need an attorney, I want the best!  We don’t just hire the first person who says, “I’m sure I can take care of you, but I’m going to have to do some research in the area first.”  We hire legal counselors and refer our clients only to attorneys who can readily say, “Oh yes, we handle situations like yours every day.”  Those legal advocates know where the hidden light switches have been placed.

When it comes to dealing with the issues of the frail, elderly, and disabled, Law ElderLaw knows where those hidden light switches are.  Our areas of concentration are elder law estate planning, disability, Medicaid, and V.A. long term care benefits.  Our outstanding Law ElderLaw team turns on the lights for our clients every day!

My 4 year-old granddaughter, Lucy, has been explaining my recent illness by flatly stating, “Grandpa’s got a bug in his lungs.”  Thankfully after an almost two-week illness, I am ready to head back to the office… for half a day. (After all, “In Sickness and in Health” is the official name of my weekly blog, even though its host website is http://ricksblog.lawelderlaw.com.)  During my bout with sinusitis—which morphed into bronchitis—I experienced several things worth sharing.

First, when we are healthy, we do take a lot for granted.  I am grateful to be able to sleep in a bed again after many nights of trying to sleep in a chair.

Second, being a lawyer is not very helpful when you need medical care.  One physician who did a follow-up checkup told me that the prior doctor warned her that “he is a lawyer.”  I was not exactly sure how I should feel about that, but  it was obvious that we lawyers cause medical personnel to act as though they are treating a sick cobra. Third, I enjoyed using Wikipedia to look up everything I could about my illnesses and medications.  As a predominantly left-brained analytical, it is very satisfying to come home from a doctor’s office or the urgent care and look up information.  It was very helpful to understand the diagnosis of bronchitis.  I actually understood my own anatomy better and could better apply what the doctor had told me to do and what to expect.  In addition, I had been admonished to NOT use a cough suppressant  medications.  “But why?” I wondered.  “I feel like I really need some cough medicine!”  To better understand that order, I looked up cough suppressant medicines and learned that with bronchitis, its better to “promote coughing.”  Cough suppressants actually make it more difficult to clear the bronchial tubes.

It really helped to check all of the information out via Wikipedia ( www.wikipedia.org) and WebMD (www.webmd.com).  I could better understand why I got a little crazy after spraying Albuterol into my  body.  Nonetheless, that medication is a life-saver for asthmatics and folks afflicted with acute bronchitis.  For more on that, see the article entitled “Ventolin remains a breath of fresh air for asthmatics after 40 years.”

I am extremely grateful to my wife, Rose, and the entire legal team at Law ElderLaw.  We recently celebrated our 5th anniversary as an elder law-focused practice.  When I decided to dedicate myself to the frail elderly and the disabled, one of my biggest concerns was my own age.  One of my chief goals has been to make sure that if and when something happens to me, in that I cannot serve as the leader, the Law ElderLaw team would be strong enough to carry on.  Based on recent experience, I can assure everyone that Law ElderLaw is being ably managed and staffed by my successors.  Nonetheless, it’s time for me to get back to work!

Our Law ElderLaw motto is “Serving Seniors and Those Who Love Them.”  Jo Buscemi, niece of Raffaella Calabrese (more affectionately known as “Auntie Florence”), shared these words with me and asked me to share them with you:

Auntie Florence

Dear Mr. Law,

Around October 2008 my mother and I had our first meeting with Mr. Jonathan Johnson in regards to my Aunt Raffaella Calabrese (“Auntie Florence”).  My aunt had suffered for years with dementia and had various (six in all) live-in caregivers.  I was told by many to keep my aunt in familiar surroundings for as long as possible and I being her power of attorney, I did exactly that.

I came to your Aurora office one day and had our initial meeting with Jonathan.  I was very apprehensive.  Norridge HealthCare Facility recommended that I talk with you folks.  Well, after our second meeting with Jonathan and many phone calls and questions, we returned in about November of 2008 and contracted with your firm for assistance.  I put off as long as I possibly could placing Auntie in a nursing home, and then only because our sixth caregiver was returning to Poland and Auntie had exhausted all her life’s savings in addition to what I paid for from my savings.  I have MS (Multiple Sclerosis) and it was difficult to care for my aunt and mom, so I had to quit my job two years ago.  But this letter is not about me—it is about my Auntie Florence.

Auntie went to live at Norridge HealthCare Facility on June 18, 2009 and sadly, she passed away on February 9, 2010.  We were very satisfied with this facility and its staff.  During this time I was assigned to Gina Salamone as our attorney at Law ElderLaw.  I know I drove Gina and Sean (and everyone who answered the phone) nuts with all my calls and my frantic questions and nervousness.  I do believe Gina and I have a bond, though, and I trusted her with my precious family member and for that I am very grateful to her.

Jonathan Johnson and Gina Salamone

I have recommended people to your firm and I have even gone as far as handing out Jonathan’s and Gina’s phone numbers—and advised these people to get all their ducks in a row now rather than wait.

I have attached a picture of Auntie Florence and I wish you to express my family’s sincere appreciation for all the thousand times I called, ranted, cried, and went nuts—but your staff never gave up, not once.  Gina even went to the DHS regional manager on our behalf.

Mr. Law, I really appreciate everything your entire staff did for Auntie, and I promise you I will always recommend people who need this type of help to your firm.  God bless everyone at Law ElderLaw in Aurora, Illinois.  Thank you all again on behalf of Auntie Florence and the Buscemi family—we truly thank you.   Please enjoy the catered lunch on Thursday that my family is having delivered to your office.

Jo Buscemi

Enjoying the meal

Robin Spang as Wonder Woman

I’d like to introduce you to Robin Spang, our intake paralegal.

Robin and I have known each other for many years.  Robin has become one of the most valuable players on our team.  That’s saying a lot, because we have a team filled with valuable players.

As an intake paralegal, Robin is our front line in receiving inquiries regarding the solutions that we provide in the area of Medicaid, estate protection, VA benefits, and disability planning.  When someone calls Robin, she is authorized to spend unlimited amounts of time assisting them in the discovery of whether or not we are an appropriate solution for the particular burden they are carrying.

We receive a substantial number of professional referrals, and attorneys are a primary source of our business.  Recently I saw that Robin had received a very complimentary e-mail from an attorney who had referred a client to us.  This attorney had sent to me a string of e-mails beginning with a request regarding a Medicaid problem.  The initial request went something like this: “I am inquiring to see if you could help me to decode Medicaid and real estate obligations that I’m dealing with.  If this is an area that you understand, please let me know and I will call and set an appointment.  I need clarity regarding what is legal and what I can do regarding my parents home, assets, and life insurance.  I just need to know what their obligations are.  Thank you.”

The initial attorney responded by telling the prospective client that this was not an area of her practice and she wanted to refer them to Law ElderLaw.  Her client then contacted our firm and spoke with Robin.  I don’t know how long Robin spent with her, but obviously she gave her the right kind of answers and in a way that made her feel that she had received some relief and peace of mind.  She later notified her attorney as follows: “I can’t thank you enough for steering us towards Law ElderLaw.  What an incredible experience to have the weight of the world lifted off my shoulders.  This firm is nothing but helpful and empathetic!  I never thought that sitting down and talking with people from a law firm could be such a pleasant experience.  I’ll be sleeping much better now.  Thanks again.”

Those of us here at Law ElderLaw are very grateful for referrals—and for Robin, who receives those initial calls.  Funny thing is, I never knew that I was working with a woman who could lift “the weight of the world.”  I’m sure glad she’s here!

Thanks, Robin!
Rick

We all like to save money—especially on legal matters.  Millions of people are now using do-it-yourself online legal form services like www.legalzoom.com.  To check it out, I went there, too. Their home page proudly raves, “Save time and money… created by top attorneys… helps you create reliable legal documents… we even review your answers and guarantee your satisfaction.”  There is even a testimonial from an attorney who says, “As an attorney, I have been pleasantly surprised with the ease and efficiency of legalzoom.”

What is not as obvious, at the very bottom of the home page, is their disclaimer of liability.  Go ahead and  scroll down to the bottom of the page—you’ll see the disclaimer in very light print. It states:

“The information provided in this site is not legal advice, but general information on legal issues commonly encountered.  Legalzoom’s legal document service is not a law firm and is not a substitute for an attorney or law firm.  Legalzoom cannot provide legal advice and can only provide self-help services at your specific direction.  Please note that your access to and use of legalzoom is subject to additional terms and conditions.”

The words “additional terms and conditions’ is a hot-link that if you click on it will take you to an even longer disclaimer! The disclaimer guts all of the assurances of reliability and suitability of use that you may have assumed were part of the “actual review of your answers and guarantee of satisfaction.”  YOU ARE THE “LAWYER” WHO CHOOSES THE LEGAL FORM!

If you decide to be your own lawyer, please understand that  legalzoom has the best of all worlds.  They advertise that they will provide you with the best form of your choosing and save you money—but if you ever have a problem because of that document, they’re not responsible.  You are the one who made the decision about which legal document was right for you and your circumstances.

Just yesterday in a meeting with a client, that client exclaimed, “Wow, I never knew that there were so many things to think about in our estate planning.”  I responded, “You know, that’s what most people say when it comes to estate planning, disability, Medicaid, or veteran’s benefits.  You don’t do this work every day, so you just can’t know all of the issues.”

The real value of what any professional counselor does is listen to your description of your circumstances and goals, and then choose the best course of action.

There is an old story about a factory which shut down due to an equipment failure.  The owner of the factory called a renowned expert to rush to the factory to get things moving. The owner told him, “This shutdown is costing us $100,000 per day!”  The expert arrived, walked around the faulty machine, then took out a screwdriver and adjusted a thing or two.  Within moments the machine came back to life and the factory began to hum with activity.  The owner was thrilled—until he was given a bill for $10,000.  He roared, “But it took you less than 10 minutes to fix the machine—it cannot possibly cost $10,000!”  The expert calmly responded, “No, it took me a lifetime to know exactly where and how to use that screwdriver.  The bill is $10,000—but the value to you is $100,000 per day.”

Moral of the story:  The right solution for the circumstances often requires a lifetime of preparation.

Rick Law in 2004

Rick Law in 2009

Today I stop living a lie! Despite the old photo I have been showing you, I really don’t have brown hair anymore—and unfortunately, I now need to wear my eyeglasses all the time.  The photos above are both of me, Rick Law, 2004 and 2009.  I promise to no longer hide behind my former, more youthful 55-year-old portrait. No siree, I’m now a 59-year-old white-haired grandpa, and proud of it!

Let me reflect on the passage of the last five years—“Rick Law, 2004-2009.”  Someone insightfully said that the “dash” between dates symbolizes all of the life events that took place during that time.  As an  elder law attorney who works with the issues of the frail, the senior citizen, and those with disabilities of any age, some of the biggest changes that I have noticed over the last five years are:

1. Now the Boomers are coming into my office. Five years ago, my practice was totally focused on my parent’s generation, the Greatest Generation—but now it’s our turn.  We, the Boomers, are starting to die, become disabled, have memory issues and mobility issues, experience young-onset Alzheimer’s and Parkinson’s, and have other longevity problems.
2. The federal and state governments have insufficient resources to meet the demand, so they keep creating even bigger barriers to accessing long term health care benefits.  This is true despite the current president’s recent health care promise that “I will not let a bureaucrat come between you and quality health care.”
3. The speed of change forces my legal team and I to have to “sprint” to remain honed and ready advocates.

For me personally, some of the most important things that have happened in the “dash” of the last five years are:

1. The startup and growth of our law practice, which is focused in the areas of estate protection and planning, disability, Medicaid, and veteran’s benefits for the over-65.  We have gone from three employees to a great team of twenty!
2. The birth of my four beautiful grandchildren—Lucy, Daphne, Evan, and Phoebe.
3. Having served over 1,500 clients throughout Illinois.
4. Delighting in the presence of our bright young attorneys—Diana M. Law, partner; Gina Salamone, Esq.; and Zachary Hesselbaum, Esq.  It makes me feel good to know that when and if something happens to me, these three can lead the legal team while serving our clients and their families.
5. The founding of the Veterans Benefit Institute, which has been one of my greatest legal experiences.  It has allowed us the opportunity to provide education about VA benefits for the over-65 wartime veteran to more than 80 law firms from around the country.
6. My entrance into the blogging world, which has allowed me to get to know some of the most wonderful, caring, and life-lifting people that I have ever met in my life.

So far this ‘aging thing’ has been full of love and life.  I am trying to follow the wit and wisdom of the great philosopher, Lucille Ball, who said, “The secret to staying young is to live honestly, eat slowly, and lie about your age.”  Here’s to eternal hope!

Rick

A number of times I have had clients tell me that they love their adult children, but  they have a child who has chosen a destructive lifestyle.  Sometimes it’s a mental health issue, or sometimes it’s just a matter of making very bad choices.  These parents do not want to abandon any of their children—but they also do not want to give money to fuel the fire that is consuming their child.  They come to me and ask me what to do.  These are not persons with a legally defined disability—but they will squander all of their inheritance unless their parents find a way to provide “lifetime love and protection” over estate assets.  The answer is what I call the Lifetime Love and Protection Trust (LPT).

A Love and Protection Trust is designed to be a legal tool to provide protection, motivation, and encouragement for an adult child who is unable to make careful and supportive decisions with his or her money.  The LPT works to ensure that your investment in your adult child is used to further your caring purposes, positive values, and enduring concerns for his or her well-being.

A professional trustee will follow your written trust instructions and safeguard your property to benefit your child.  Trained investment professionals will safeguard the money and work to maximize a reasonable and profitable return on the assets that you have left to be invested.  By law and by the trust document itself, the trustee must make prudent and intelligent decisions to protect your child and your trust monies.

Unfortunately, it happens all too often that adult children squander their entire inheritance unless you take control and help them by making a final gift of love and protection by using a lifetime trust.  The LPT prevents an adult child from foolishly spending, wasting, and losing your hard-earned estate.  Your investment in your child is protected from creditors, failed marriages, and other predators.

Some adult children consistently make destructive choices and therefore are extremely vulnerable to creditor lawsuits and many other types of legal claims.  An LPT can be designed to discourage substance abuse and to provide for the special needs of your adult child.  You can and should build protective walls around the legacy that you have chosen to leave your child.

Build a fortress with this trust.  At its most basic, a love and protection trust will be there for your child long after you are no longer able to be directly involved.  Your legacy of love, protection, and sound investment management will give your adult child the best chance to still have money available if and when he or she eventually chooses to seek help to make a positive life transformation.

Diana Law

Law Elder Law is very proud to announce that our very own Diana Law has just become the youngest member of the Leading Lawyers Network here in Illinois!  The Leading Lawyers Network is a prestigious group to be a part of because the only way to become a member is to be nominated by your peers.  Even once you are nominated you aren’t actually accepted until you have been reviewed by a number of your peers.

“Leading Lawyers Network surveys lawyers, asking them which of their peers, indeed their competitors, they would recommend to a family member or friend if they could not take a case within their area of law or geographic region.”  (from the Leading Lawyers Website)

In fact, the Leading Lawyers Network takes only 5% or less of all the attorneys in Illinois.  We are proud to have TWO of our Law Elder Law attorneys be a part of this group, as Diana’s dad Rick Law is also a member of the Leading Lawyers Network.

Of course, it’s no surprise to us that Diana was nominated.  In addition to being involved in the Kane County Bar Association and giving her time in many other service organizations, Diana is known for her focused and caring service to her clients.

As for Diana, she’s pleased with the membership in part because she hopes it will be beneficial in dealing with the practical aspects of her job, which is namely ensuring that the elderly of our community receive the advice and protection they need.  Many clients come in feeling overwhelmed and scared, not even having known they needed an elder law attorney until the last minute.  Diana hopes she will be able to reach more seniors and their families this way.

When asked what Diana likes most about elder law, she answered “I enjoy providing more than just legal services. In fact some days I feel more like a social worker. We get and give lots of hugs! I like that I can develop close relationships with my clients during a crisis time of life; I’m helping them when I know they need it most.”

Congratulations Diana!

To read the full article from Leading Lawyers Network click here: Leading Lawyers Article

Shawn Hunt before and after

Almost three years ago, when I first met Shawn Hunt, I had to look him in the eyes and tell him that his pre-employment handwriting analysis revealed that he had early diabetes symptoms.

Now, I am proud to introduce you to a healthy Shawn who successfully serves Law ElderLaw, LLP as both an intake paralegal and our super-creative graphics designer.   During the time that he has been with us, he has dedicated himself to the oh-so-difficult change to a healthier lifestyle.

This is how Shawn told me his story:

“Three years ago, our company insurance agent at Law ElderLaw told me that I had been denied health coverage. I was devastated!  My health issues were due to a genetic predisposition and my weight.  I tipped the scale at nearly 400 pounds, and it was taking a serious toll on my health.  I would get random bouts of numbness in my hands and feet and sometimes climbing stairs felt more like I was mounting an expedition to the Mount Everest’s summit.  I knew that change had to happen, as my life was in jeopardy.

I started my transformation changes at 397 pounds with a size 48 pants.  The first week of dieting was pretty tough, as cravings and temptations seemed to abound—but I ended week one with a 16 pound loss. Wow!  ‘This isn’t too hard,’ I thought—but soon my weight loss crept to a halt.  Then I knew that diet alone would not be enough and that I would have to add exercise and weight training.

Once I started lifting weights and running, I started to gain more energy every day. Cutting out pop and replacing it with water also helped greatly.  My meal plans were drastically overhauled.  I vowed that I wouldn’t put another dollar through a drive-through window for a long while.

My body started to change and fat slowly gave way to muscle.  I started to drop pant sizes quickly.  I put myself on a strict diet consisting of six small meals a day roughly the size of my palm.  Maintaining the routine and schedule of eating like this wasn’t all that easy, but I seemed to be able to manage it.  I cut out most fried foods, all junk food, pop, and red meat.  I replaced these things with fish and chicken, vegetables, fresh juice, oatmeal, vitamins, and many other healthy choices.  I grew to love them over time.

I have lost 115 pounds of scaled weight and gained a large amount of muscle.  I have gone from a 48” to a 38” waist.  My health has been greatly improved, and my overall sense of well being has been restored.  I really can’t put into words the feeling of accomplishment that I feel right now.  This has been one of my greatest challenges and also one of my greatest victories.  Don’t get me wrong, I know that  I’m not done—but now I look forward to the rest of the journey!”

Shawn is not doing anything magical. He is following the time-tested path of healthy eating and consistent exercise.  All of us at Law ElderLaw are happy to see him looking good!  He even went tent-camping in the woods last weekend and came back peppy.  Congratulations, Shawn!

HD Quilt Square

In March I was privileged to speak at the Illinois Conference on Huntington’s Disease.

I learned that Huntington’s Disease (HD)—like Alzheimer’s Disease, ALS, and Parkinson’s Disease—all originate from damaged brain cell mutations.  Sitting in the conference room with me were those who have been diagnosed with the disease, the loved ones who care for them, and family members who live with the threat of developing the illness themselves.  You see, the greatest horror of Huntington’s is that it is a hereditary disease that passes from parent to child, often striking up to 50% of family members!  At-risk young people live in dread of “crossing over” to becoming stricken with Huntington’s symptoms like involuntary muscle movement and cognitive decline.

I was especially moved by a display called the Huntington’s Disease Memory Quilt.  The quilt is an ongoing project, pieced with squares to commemorate the lives of those lost to HD.  Because Huntington’s Disease is hereditary, there were many quilt pieces arranged together for multiple family members afflicted by the disease. The effect was moving and staggering.  The top row contained a number of pieces in honor of the lost loved ones from just one family.  Another square which brought a lump to my throat and tears to my eyes depicted a semi-barren tree shedding its leaves, and read:

O Lord, I ask that you please
Let no more leaves fall
From our family’s tree.
May those who investigate
Find a cure.
Help those who care
Have strength to endure.
Hear our prayer, Dear Lord!

It went on to read, “Four fallen leaves—Bill, Billy, Ken, and Vera.”

Although Huntington’s Disease is a relatively rare disease that affects about 1 in 10,000 persons, the families that suffer from this killer often sustain a 50% casualty rate.  Here at Law ElderLaw, we have decided to help work toward a cure.  There is a “Team Hope Walk for a Cure” taking place in Wheaton, IL on Sunday, May 17, 2009.  I am going to be there with some of our team.  If you would like to join us, we would love to have you on our team!  Click here to join us or to create your own team!  If you live outside of Illinois but still want to help, you can find a walk in your state by clicking here.  We hope many of our friends will be able to come join us on May 17th and help us Walk for a Cure!