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Trusts and Estate Planning

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial Planners
  • Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Life Care Planners
  • Professional Organizers
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Senior Real Estate Professionals
  •  Tax Advisors
  • Aging in Place Professionals
  • Daily Money Managers
  • And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

  • Assisted Living Communities
  • Alzheimer's / Memory Care Communities
  • Continuing Care Retirement Communities
  • Home Care Agencies

Together, we provide families across America with:

  • Unparalleled professional expertise
  • Up-to-date elder care information & answers to your elder care questions
  • Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: "Would you please provide me with a list of all the 87 different elder care services that the members of the national ElderCare Matters Alliance provide on ElderCareMatters.com?"

Answer:  It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

  1. Accounting Services
  2. Adult Day Care
  3. Advance Medical Directives
  4. Aging in Place Services
  5. Alzheimer's / Memory Care Communities
  6. Annuities
  7. Arbitration
  8. Asset Protection Planning
  9. Assisted Living Communities
  10. Assisted Living Referral Services
  11. Bankruptcy
  12. Bill Paying
  13. Budgeting
  14. Caregiving Education
  15. Companion Care
  16. Conservatorship
  17. Consumer Law
  18. Continuing Care Retirement Communities
  19. Cremation Services
  20. Crisis Intervention
  21. Daily Money Management
  22. Dementia Care
  23. Disability Income Insurance
  24. Disability Planning
  25. Elder Abuse Litigation Services
  26. Elder Law
  27. ElderCare Planning
  28. Estate Administration
  29. Estate Liquidation
  30. Estate Planning
  31. Family Law
  32. Financial Planning
  33. Funeral Services
  34. Geriatric Care Management
  35. Guardianship
  36. Health Insurance
  37. Hoarding Clean Up and Coaching Services
  38. Home Care
  39. Home Downsizing Services
  40. Home Health Care
  41. Home Modifications
  42. Hospice Care
  43. Independent Living Communities
  44. Investment Services
  45. Life Care Planning
  46. Life Insurance
  47. Litigation
  48. Long Term Care Insurance
  49. Long Term Care Planning
  50. Medicaid Planning
  51. Medical Services
  52. Medical Alert Systems
  53. Medical Claims Processing
  54. Medical Equipment & Supplies
  55. Medical Malpractice Litigation
  56. Medicare Consulting
  57. Medicare Supplemental Insurance
  58. Medication Management Services
  59. Moving Services
  60. Nursing Homes
  61. Personal Finance
  62. Powers of Attorney
  63. Probate
  64. Professional Organizing
  65. Public / Non-Profit Resources
  66. Real Estate Services
  67. Rehabilitation Services
  68. Residential Psychiatric Care
  69. Respite Care
  70. Retirement Planning
  71. Reverse Mortgages
  72. Securities Arbitration & Litigation Services
  73. Senior Housing
  74. Senior Move Management
  75. Senior Move Planning
  76. Senior Relocation Services
  77. Social Security Disability Services
  78. Special Needs Planning
  79. Tax Law
  80. Tax Planning
  81. Tax Preparation
  82. Transportation Services
  83. Trustee / Fiduciary Services
  84. Trusts
  85. VA Benefits
  86. Wills
  87. Wound Care

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters.  Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I noticed this morning that ElderCareMatters.com now has a total of 72 different elder care / senior care services that are included on this wonderful website. Can you tell me how these services are selected, and are there a maximum # of services that will be included on ElderCareMatters.com?"

Answer:  ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters.  With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added): 

  1. Adult Day Care
  2. Advance Medical Directives
  3. Aging in Place Services
  4. Alzheimer's / Memory Care Communities
  5. Annuities
  6. Arbitration
  7. Asset Protection Planning
  8. Assisted Living Communities
  9. Assisted Living Referral Services
  10. Bankruptcy
  11. Caregiving Education
  12. Consumer Law
  13. Continuing Care Retirement Communities
  14. Crisis Intervention
  15. Daily Money Management / Bill Paying
  16. Dementia Care
  17. Disability Income Insurance
  18. Elder Abuse Litigation Services
  19. Elder Law
  20. ElderCare Planning / Long-Term Care Planning
  21. Estate Administration
  22. Estate Liquidation
  23. Estate Planning
  24. Financial Planning
  25. Funeral Services
  26. Geriatric Care Management
  27. Guardianship / Conservatorship
  28. Health Insurance
  29. Hoarding Clean Up and Coaching Services
  30. Home Care
  31. Home Downsizing Services
  32. Home Health Care
  33. Home Modifications
  34. Hospice Care
  35. Independent Living Communities
  36. Investment Services
  37. Life Care Planning
  38. Life Insurance
  39. Litigation
  40. Long-Term Care Insurance
  41. Medicaid / Disability Planning
  42. Medical / Healthcare
  43. Medical Alert Systems
  44. Medical Claims Processing
  45. Medical Equipment & Supplies
  46. Medicare Consulting
  47. Medicare Supplemental Insurance
  48. Medication Management Services
  49. Moving / Relocation Services
  50. Personal Finance / Accounting / Tax Preparation
  51. Powers of Attorney
  52. Probate
  53. Professional Organizing
  54. Public / Non-Profit Resources
  55. Real Estate Services
  56. Rehabilitation Services
  57. Residential Psychiatric Care
  58. Respite Care
  59. Retirement Planning
  60. Reverse Mortgages
  61. Securities Arbitration & Litigation Services
  62. Senior Move Management
  63. Senior Move Planning
  64. Social Security Disability Services
  65. Special Needs Planning
  66. Tax Law
  67. Tax Planning
  68. Transportation Services
  69. Trustee / Fiduciary Services
  70. Trusts
  71. VA Benefits
  72. Wills

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "Is there a certain number of Elder Care Experts that will be accepted into the national Elder Care Matters Alliance? Specifically, will the Alliance have a maximum number of experts in each service category for each state chapter?"

Answer:  Our commitment at ElderCare Matters is to provide families across America with elder care resources (Experts, Information & Answers) to help them plan for and deal with their elder care matters.  To this end, we have no set # of experts that we will showcase on ElderCareMatters.com but rather we are inviting ALL competent, caring elder care professionals across America to become a part of this phenonmenal elder care resource.

ElderCare Matters is where you will find 1,579 Elder Care Experts near YOU (and this # is growing daily) who have years of experience in helping families with elder care matters, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial & Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Tax Advisors
  • Daily Money Managers
  • Other elder experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

  • Assisted Living Communities
  • Alzheimer's / Memory Care Communities
  • Continuing Care Retirement Communities
  • Home Care Agencies

So if you help families plan for and/or deal with elder care matters and you are a competent, caring elder care professional, then you should be listed on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information and answers about a wide range of elder care matters.

To request an Application for Membership to the national ElderCare Matters Alliance, send an email directly to: info@ElderCareMatters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCare Matters
ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I’m the trustee on my parent’s trust. Parts of the trust’s assets are held in the stock market. With the recent market fluctuations, can I be held responsible for any losses the trust’s stock may have sustained?"

Answer:  Generally, a fiduciary is a person who manages property for the benefit of another, exercises discretionary authority or control over an asset(s), and/or renders comprehensive and continuous investment advice.  When you accept the role to trustee, you are a fiduciary and accordingly you become personally liable to all trust beneficiaries.  Liability is not determined by the performance of investments but by whether you followed “prudent investment practices”.   

The Prudent Investor Act sets forth 7 Uniform Standards of Care to avoid being found liable for investments losing value:

  1. Know standards, laws, and trust provisions.
  2. Diversify assets to the specific risk/return profile of the trust.  Each trust and beneficiary will have specific cash flow requirements and risk return objectives.  The interests of all need to be weighed.
  3. Prepare an Investment Policy Statement (IPS).  The IPS is basically a business plan for the trust’s investments.  It lays out goals and policies regarding trust investments.
  4. Use “prudent experts” (lawyers, money managers, CPAs) and document due diligence.  Unless you are an experienced professional this can be a daunting task.  Any slip up and you could be paying out of your pocket.  Hiring an expert, so long as you use due diligence in determining their qualifications, and your liability is eliminated.
  5. Control and account for investment expenses.  It is your role to make sure that the trust is paying a fair fee for the professional services.
  6. Monitor the activity of “prudent experts”.  Monitoring the investment professional is part of using due diligence.  You, as trustee, want to be sure the money manager is not taking funds and is working toward accomplishing the goals stated in the IPS.
  7. Avoid conflicts of interest and prohibited transactions.  Although this seems silly, trustees often violate this principal.  A trustee cannot use entrusted assets for personal or business gain.   

This is one of the most common areas of litigation we see today.  Especially with the market falling and stocks losing value, people are afraid to make changes and are standing still, thinking that if they do nothing they will not be liable for losses.  NOT TRUE.  Trustees do not need to personally guarantee every investment decision is successful.  What a trustee should do is follow a system that ensures you are following the Prudent Investor Act standards.  There is a 5 Step Investment Management Process you can use to be sure you are within the prudent investor standard:

  1. Analyze Current Position.  This is where you review current investment activates, disbursements, investing strategies and policies, and legal constraints.  You examine what the trust’s investment picture currently looks like.
  2. Design the Optimal Portfolio.  This is where you propose optimal asset allocation strategies and suggest any changes, keeping in mind the current market.
  3. Formalize Investment Policy.  The policy should include investment objectives, guidelines, as well as guidelines for selecting and monitoring money managers, if you have them.
  4. Implement Policy.  Here you would propose a number of alternative money manager structures, negotiate favorable fees and coordinate brokerage services.
  5. Monitor & Supervise.  In monitoring the investments you would prepare detailed monthly appraisal and transaction report as well as quarterly reports that compare performance of the trust’s investments against the performance of the market and the state objectives.  

To answer your question, as long as you followed the 7 Uniform Standards of Care and the 5 step process for managing investments you will not be found liable for any investment losses. 

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Dennis B. Sullivan, Esq., LLM, CPA
Estate Planning & Asset Protection Law Center of Dennis Sullivan & Assoc.
Wellesley, Massachusetts  02482
781-237-2815
Member of the national ElderCare Matters Alliance, Massachusetts chapter 

This week's Featured Elder Care Expert on ElderCareMatters.com is William "Bill" Brown, Attorney at Law

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio  43231
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

This week's Featured Elder Care Expert is William "Bill" Brown, Attorney at Law, Member of the Ohio chapter of the national ElderCare Matters Alliance (a network of  almost 1,500 elder care experts).  Attorney Brown has practiced in the areas of probate, elder law, trusts and estate planning for over 50 years, and is the author of "Trusts" and "Estate Planning a Practical Guide".

Every day this week (M-F), Mr. Brown will answer one of your questions about his areas of expertise , and this selected question along with Mr. Brown's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Attorney Brown a question about one of your elder care matters, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.  

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.