Issue 25 & 26

On occasion I meet with clients who think that only the estates of people who die without a will have to be probated.  That mistake is based in large part due to the formalities of signing a will.  The fact that wills are witnessed and notarized makes some believe it should avoid any court probate proceeding.  However, even if a person signs a will in the presence of witnesses and a notary, a will must still be probated to become “official.” 

The following example shows why validly executed wills still require probate.  Imagine that you are a banker.  A woman brings in her husband’s death certificate and her husband’s original will and puts them on your desk.  “Here are my husband’s death certificate and his original will,” she says, “on page three of the will, it says that I get all of his property and that I am his personal representative.  I want you to turn over his accounts to me.” 

How do you know that the will she is placing in front of you is the last will of her husband?  What if the husband had executed a later will disinheriting his wife - and, of course, she is showing you the prior will that still has her as a beneficiary?  How do you know whether or not somebody objects to the wife being the personal representative of the estate?  How do you know whether the will was validly signed or whether it was fraudulently made?  You simply can’t know the answers to these questions based on her representations alone – and as a banker you aren’t willing to take the risk. 

So, one main purpose of probating a will is to have the court declare that a will is the last and valid will of the decedent.  As part of that proceeding, the court will appoint the personal representative of the estate and issue “Letters Testamentary” to the personal representative.  The “Letters Testamentary” document shows third parties that the court has approved the appointment of the personal representative.  With Letters Testamentary in hand, the appointed personal representative can then gather, manage, and dispose of the assets in the estate as directed in the will. 

Although making a will does not keep you out of a probate proceeding, it does streamline the probate process.  The simplified probate proceeding significantly reduces the time, attorney’s fees, and costs your family will spend on probate costs.  Having a will also puts you in the driver’s seat to choose your beneficiaries, the division of your estate, your personal representative, and the guardians and conservators for your minor children, if any.  If avoiding probate is one of your estate planning objectives, using a revocable trust is the tool of choice instead of a will.

Sean Sullivan is a shareholder in the firm Brindley Sullivan, PC, who will meet with you for your first consultation without charge.  Call (435) 673-9220 to arrange a time to meet with him.

Issue 25 & 26

Dramatic airplane accidents are in the news again.  Did you know an estimated 62,000 aircraft, mostly small ones, take off and land at the St. George Airport every year?  Yet the FAA reports only two fatal accidents in the past 20 years.  That amounts to one fatality for every 620,000 flights and St. George is one of the trickiest airports in the country to land at.

As a pilot, I am very much aware that when someone learns you have a plane, their first response is to tell you about some plane accident they just saw in the news.  It’s a good thing all the auto, boat, motorcycle and ATV accidents don’t wind up on the front page or there would never be room for anything else.  Last week I drove my family to San Diego because we had too much luggage to fly.  Talk about taking your life in your hands!  Anyone who thinks driving that freeway is safer than flying over it needs to come take a ride with me.

Last month a client was in my office for his annual review.  We talked about areas where we had done well, and areas where I felt adjustments could be made to position his account for the future.  He was pleasantly surprised at the results of that meeting and made the comment, “Please tell people that not all of us got beat up in this stock market.  I get so tired of hearing that on the radio.”  He is one of many who have expressed similar feelings to me in the past few months.  Due to these comments I have decided to make the unique offer in the box that accompanies this article.

Like a dramatic photo of a downed aircraft, the economic drama on the front pages has left people assuming that everyone’s 401k has crashed and burned.  The reality is there are many people who have weathered this storm very well.  I personally have been very pleased with my client accounts during this time and would love to share with my readers what we have been doing.  However, I never give specific advice in these articles because I do not believe in a one-size-fits-all solution to investing, but if you take me up on my offer I would be happy to give specific and personal advice to you – and afterwards we can talk about the wonderful world of flying. J

Dan Wyson, CFP®  is author of the book “21 Financial Myths” and owner of Wyson Financial. 1173 S. 250 W #305 St. George 435-986-9525 - Securities offered through LPL Financial FINRA/SIPC.

Issue 25 & 26

The Journal of Dental Research has now confirmed that Snap-On Implant Teeth are not only better for chewing, but may actually be more cost-effective than regular dentures.  It is common in healthcare for quality of life experts to assign dollar amounts to certain handicaps.  These experts agree that a person missing teeth has a handicap and that although the dollar amount of Snap-On Implant Teeth is usually more, the alternative can actually cost significantly more when you adjust for the “handicap factor.”

In general people are at least 36% more satisfied with Snap-On Implant Teeth over regular dentures and even more for Zero-Movement Implant Teeth.  This is particularly true when it comes to the social impact: avoiding conversation, refusing social invitations, avoiding sports, and unease when kissing and in sexual relationships.  Furthermore, regular dentures can erode your jaw bone and actually become more intolerable over time requiring them to need replacement more frequently at additional cost.  Implant Teeth, on the other hand, preserve the jaw bone and can give a more permanent result which translates into lower cost in the long term.

Rodney L. Andrus, D.D.S, M.S., is a Prosthodontist, a specialist in the restoration and replacement of teeth.  He is located at 640 E. 700 S., Suite 104, St. George, and can be contacted by calling 435-674-3100.

Issue 25 & 26

All of us at sometime in our lives have probably heard the phrase, “Set your house in order” or some similar principle.  We may have heard the message as children when told to clean our room or as adults in the context of organizing our family or individual lives.  This principle is estate planning.  Estate planning is the process of organizing your affairs in such a way as to give what you have, to whom you want, when you want, in the way you want, at the lowest possible cost to you and those you love.

Having your affairs in order brings peace and comfort.  In fact, doing your estate planning may even make vacations more enjoyable.  If you have done or updated your estate planning, the next time you leave on a long awaited trip you will not spend the first hour or more contemplating the question, “What would happen to everyone and everything that is important to me if I did not return?”  Estate planning is arguably the easiest thing to procrastinate in our lives because we have until the very end to keep procrastinating!  Although easy to procrastinate, completing the estate planning process brings a sense of accomplishment and great peace of mind. 

This is the first of a series of articles to be published every Wednesday.  Future articles will discuss numerous issues related to estate planning.  I am excited to share information regarding a topic important to all.  I encourage you to cut and save those articles that interest you.  If you already have estate planning documents, I recommend that you place the articles with your documents.  If you do not already have estate planning documents, I believe the information in this and future articles can be a useful tool in helping you work with qualified professionals in order to do your estate planning.  The knowledge that you acquire will be beneficial whatever your status is in the estate planning process.

Jeffery J. McKenna is a local attorney licensed in three states and serving clients in Utah, Nevada, and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite.  He is a founding member of the Southern Utah Estate Planning Council. If you have questions or topics that you would like addressed in these Wednesday articles please email him at jmckenna@barney-mckenna.com or call 628-1711.

Issue 25 & 26

Being a caregiver is one of the most stressful tasks we may have in life.  It puts us to the test as far as being patient with ourselves as well as with the loved one we are caring for.  Sometimes, a caregiver under stress needs a rest from their task to regain balance and equilibrium. 

One caregiver stated:  “I’m losing my patience and become so upset and angry over little things.  I take it out on my husband because he keeps trying to do things he no longer is able to do.  I feel ashamed of myself for acting this way.”  This is from a wife who loves her husband dearly and has been married for over fifty years.  

We all need a respite – a timeout from being under stress.  This is especially true for caregivers.  However, to talk about a respite to a caregiver almost seems contrary to their purpose.  They want to care for their loved one and be available 24/7.  To say: ”You need a rest” appears to be at cross purposes when their loved one needs them most right now!

Understanding, patience and love are what the ill person needs.  But these caring qualities can become skewed when we are stressed out and can’t experience them for ourselves.  We lose sight of the terminally ill person’s own inner struggle to accept the fact he/she can no longer perform simple daily living skills such as dressing themselves, bathing or simply going to the bathroom on one’s own.  Losing these abilities can be emotionally devastating for the ill person.

When a patient and caregiver reach a point of impatience, and become angry and resentful towards one another, it is time for a respite.  A time out can help restore balance and understanding to their relationship.

A respite in Hospice terms is a period of rest for both parties.  Hospice recognizes this need in caring for the terminally ill person and provides this service for the individual.  A respite is usually a five day period where the ill person is placed in a care facility so the caregiver(s) can also get some rest.  Thus, a respite is not only for the patient, but also for the benefit of the caregiver. 

A respite, in fact, is something we all need when life gets to the point where we begin to lose our balance and ability to express love, patience, and understanding to the people we love.   

Luigi Persichetti is the chaplain for Southern Utah Home Care and Hospice and the minister of the Unity Church of Positive Living in St. George

Issue 25 & 26

Some people refer to these professionals as Certified Nursing Assistants, or CNAs, but are also known as nurses aides, orderlies, patient care technicians and home health aides.  At Zion’s Way Hospice and Home Health we call them Caring Noble Angels (CNAs).  June is National CNA month and we would like to honor and recognize all the CNAs in Southern Utah.

Our CNAs work under the supervision of a nurse and provide assistance to patients, helping them with daily living tasks and activities.

Working closely with patients and their caregivers, CNAs are responsible for basic care services such as bathing, grooming, feeding patients, light housekeeping and checking patients vital signs.  The CNAs at Zion’s Way give our Hospice and Home Health patients important social and emotional support as well as providing vital information on patient conditions to our nurses.  Many Registered Nurses will agree that some of the best RN’s began their careers as CNAs.

CNAs are a very essential and intricate part of the healing process, whether physical, emotional or spiritual healing.  The special tenderness, dedication and compassion they give when delivering the most private and personal cares a person needs is so important in connecting with patients and their families.

We teach our CNAs that the energy and light they carry touches and affects the patient on a very deep level.  A gentle touch, soothing words or music can affect the patient’s anxiety and pain level.  A cheerful smile and attitude can change a patient’s whole day and make it more pleasant and peaceful.  How patients are prepared and set up for eating as well as the manner the food is prepared and fed to the patient can affect how much the patient eats and help improve their nutritional status.  A patient’s state of cleanliness and care also influences how they respond to others around them and may affect how they sleep and rest.

We echo the lyrics of the song “Angels Among Us”;

Oh I believe there are Angels among us,

Sent down to us from somewhere up above.

They come to you and me in our darkest hours

To show us how to live, to teach us how to give,

To guide us with a light of love.

They wear so many faces, show up in the strangest places,

To guide us with their mercy in our time of need,

To guide us with a light of love.

We are so grateful for the positive commitments and kind intentions of the Caring Noble Angels (CNAs) we have at Zion’s Way Hospice and Homehealth, and for all those CNAs we come in contact with, whether at skilled nursing facilities, assisted living homes, other medical offices or at Dixie Regional.  Each and every one of them can truly be seen as “Angels” to those they serve.

Issue 25 & 26

Many people with ailing back problems have stopped to ask me what my opinion is of the ubiquitously advertised “Spinal Decompression Therapy.”  For those who are not familiar with this machine, allow me to introduce it to you.  Decompression (most widely advertised as the DRX 9000) is a specialized traction table designed to relieve disc and joint pain in the spine.  A patient will typically be lying on his or her back with a strap wrapped around the waist allowing the machine to gently stretch the spine up and down.  The patient typically experiences no pain while undergoing treatment which commonly lasts 10-20 minutes.

DOES IT WORK?

Yes, it does work if used correctly for the right condition.  There are over one hundred conditions that can cause back pain.  Decompression can be successful for specific back problems (like degenerative joint disease, disc injuries, and others).

DOES IT WORK FOR EVERYONE? 

No.  The machine does not replace the doctor.  It is only a treatment avenue.  All patients are first evaluated and then prescribed the best therapy, which may or may not include decompression therapy.  I would estimate that less than 15% of new patients that we see will ever experience decompression in our office because other treatments may work better for them.

HOW MUCH IS TOO MUCH TO PAY FOR DECOMPRESSION?

Because of the office expense of the machine, the good success rates, and novelty of the technology, many clinics charge large amounts above insurance coverage (which may reach multiple $1000’s).  Our philosophy is based on the care of the patient primarily.  We do NOT charge any amount over standard insurance coverage for a chiropractic visit when undergoing decompression therapy at our facility.  Our cash price is also extremely affordable.

DO YOU HAVE THE DRX 9000?

No, we utilize a decompression brand named the Triton DTS.  No matter what sales pitch you hear, all decompression units have the very same FDA status, with all of them being under the same product code, regulatory class, regulation number, and regulation name.  The extra investment will not give you a higher success rate.

Advanced Spine & Rehab is an integrated chiropractic clinic specializing in treating senior patients with conservative therapy. A large portion of their base includes satisfied Medicare patients. If you have any questions about decompression therapy or would like to schedule a free consultation call us at 435-656-3266. www.StGeorgePainRelief.com.

Issue 25 & 26

Part 2

The market.  Think of it like a flea market.  Rather than travel all over town, a flea market offers you a central location where buyers and sellers can meet up.  The stock market isn’t all that different.  Stock markets are simply gathering places for stock owners to buy and sell stock securities.

What is a brokerage?  A broker is a conduit for the buying and selling of stocks.  For example, let’s say you want to buy a stock that’s listed on the New York Stock Exchange (NYSE).  Well, that stock is bought and sold on the floor of the NYSE.  So, unless you are authorized to trade at the exchange and want to travel to New York, you instead enlist the services of a broker to take care of your buying and selling for you.  Brokerages pay fees to become members of a stock exchange and access the “floor” of an exchange for trading.  They then buy and sell stocks on behalf of their clients.

So, how do you get started?  There are all kinds of ways to get started and a myriad of brokerage choices, including discretionary dealing (where the brokerage chooses stocks on your behalf), advisory dealing (where the brokerage gives you advice, but leaves the decisions up to you), and execution-only brokerages (where you will be entirely self-directed).  Most brokerages have a minimum deposit you must make to get started, so you’ll want to look into that as well.  If you’re serious about investing and want to do it frequently and avidly, read up on the markets and consider taking a class to educate yourself.

Before you make any big decisions, though, think about enlisting the assistance of a qualified financial professional who can give you insight and perspective on the financial markets.

Scott S. Lovell is the founder of Lovell Hathaway, Your Retirement Specialist^SM , and is a registered representative offering securities and advisory services through Geneos Wealth Management, Inc.  Member FINRA and SIPC.  For additional information, Scott can be reached at (435) 656-2518.

These views are those of the author and should not be construed as investment advice.  All information is believed to be from reliable sources; however we make no representation as to its completeness or accuracy. Please consult your Financial Advisor for further information.  Equity investments (buying and selling stocks) can be risky and due to market conditions, prices may fluctuate daily. Individual investors must make their own decisions based on their specific investment objectives and financial circumstances.

Issue 25 & 26

For research in the United Kingdom, start off with the free sites about background information: BBC Family History - designed to help the beginner get started http://www.bbc.co.uk/familyhistory/ GENUKI, a large collection of genealogical information pages for England, Ireland, Scotland, Wales, the Channel Islands, and the Isle of Man.  http://www.genuki.org.uk/ The National Archives - lots of detailed advice at http://www.nationalarchives.gov.uk/ FamilySearch - Records Search prototype for searching millions of records which takes you into their growing assortment of records indexed online by volunteers at http://pilot.familysearch.org/

www.freebmd.org.uk with civil registration of births, marriages and deaths and links to free census and free registrations, which may be useful if you are looking for censuses and parish records in the areas they have done.  Note: Free BMD does carry an Ancestry.com advertisement at the top of most pages, which will take you out to Ancestry.com to be lured into buying a subscription.  Instead, the Free BMD search has a red logo further down the page.  United Kingdom UKBMD with links to a variety of other sources for births, marriages and deaths in various parts of the country at www.ukbmd.org.uk/

Note that the cheapest way of ordering certificate copies for England and Wales is probably direct from the General Registration Office (GRO) via http://www.gro.gov.uk/gro/content/certificates/  rather than through Ancestry.com or any other commercial intermediary, if you are able to do so.

Ancestry.com does have very good coverage of censuses in the UK from 1841 to 1901.  However the quality of some of its transcriptions is probably not as high as come of its competitors like FindMyPast.com and GenesReunited.com, which have similar coverage.  Find My Past has the 1911 UK Census.

Bear in mind that Ancestry very often has “free trial” offers which often pop up if you wander into their territory from other places like the National Archives and FreeBMD.  If you are well organized and focused, having done your preliminary research from free sources, you can achieve a lot in a free trial period, though to keep it free make sure to note exactly how to sign out before it ends, or you will be charged.

Shanna Sullivan Jones is a professional genealogist now accepting new clients.  For additional information, Shanna can be reached at (435) 628-4900 or shannasjones@msn.com.

Issue 25 & 26

Here are four more reasons for you to keep your family members and loved ones home instead of a nursing home or assisted living facility:

5. Home care promotes healing.  There is much scientific evidence that patients heal more quickly at home.

6. Home care represents the best tradition in American health care.  Most health care has always been given in the home.

7. Home care allows a maximum amount of freedom for the individual.  Hospitals and nursing homes are both regimented regulated environments.

8. Home care is personalized care.  It is tailored to the needs of the individual and is delivered one-on-one.

Steps You Can Take To Prevent Over Medication

1. Keep an updated list of medications you are taking.  The list, which should include over-the-counter medication, should include what each drug is for, when each should be taken and in what amounts.

2. Go over the list each year with your primary physician.

3. Discard outdated or leftover medication.

4. Tell your primary physician about any new medicine other physicians prescribe.

5. Check with your doctor or pharmacist before taking over-the-counter drugs.

6. Always ask your physician or pharmacist what each prescribed drug is for and their possible side effects.

7. If possible, buy medication from the same pharmacy, preferably one where the pharmacist will speak with you and where computerized records are kept of your prescriptions.

At Dignity Health and Home Care, we specialize in tailor-made home health care programs to best fit the clients’ needs.  We realize and recognize each individual has their own separate set of circumstances, both physical and financial.  These variances allow our programs and rates to be uniquely designed for each client!

For further information about home health and how to get a :tree evaluation, call our office at (435) 656-1833.

Look for our July article for 4 more reasons why home care is your best care.

Maureen McArdle is the owner of Dignity Home Care.