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  • Steve Cain

    Principal, National Sales Leader at LTCI Partners Steve Cain Principal, National Sales Leader at LTCI Partners Steve Cain leads the sales team at LTCI Partners, a nationwide brokerage agency fully devoted to serving the Long-Term Care industry. Steve also served as Senior Vice President and the National Sales Leader of Long-Term Care Insurance (LTCI) for Marsh Private Client Services, a division at Marsh USA, Inc., where he helped build Marsh into one of the industry’s largest wholesale and retail distributors of LTCI. Prior to joining Marsh, Cain worked for a third-party administrator introducing several insurance carriers’ products into the brokerage market. With additional experience that ranges from the home office to retail sales, to the brokerage market, Cain has gained valuable insight on all aspects of the industry, from sales and marketing, underwriting, policy administration, and claims. Steve Cain’s commitment to enhance awareness of the LTCI industry, he regularly addresses industry groups such as the Association for Advanced Life Underwriting (AALU), State Bar Associations, the American Association for Long-Term Care Insurance (AALTCI), the Society of Actuaries (SOA), the National Association of Health Underwriters (NAHU), the Million Dollar Round Table (MDRT), and the National Association of Insurance and Financial Advisors (NAIFA). Previous Speaker Go back to Speaker Network Next Speaker

  • Adam Holt

    CEO and Founder, Asset-Map Adam Holt CFP, ChFC CEO and Founder, Asset-Map H. Adam Holt has been a financial advisor for over 20 years, during which time he has helped build and manage his wealth management firm to over $1B in assets under management. Adam is known for his early adoption of technology to build trend-setting client experiences. This mindset led him to found Asset-Map, LLC, a financial technology firm dedicated to creating engaging visual communication tools used throughout the customer and advisor journey and now used by thousands of advisors worldwide. Previous Speaker Go back to Speaker Network Next Speaker

  • Brian Doherty

    Speaker, Author and President of Filtech Brian Doherty Speaker, Author and President of Filtech Brian Doherty is the author of the critically acclaimed and award-winning book, Getting Paid to Wait: Bigger Social Security Benefits the Simple and Easy Way. His book received the International Book Award as the best book in 2015 in the Business/Personal Finance category. It also received the Eric Hoffer award as one of the best business books in 2015. He is a nationally recognized expert on Social Security and a frequent speaker and media commentator on this topic. He has more than 25 years of experience in the financial services industry, and is President of Filtech, a consulting company specializing in Social Security claiming strategies that helps retirees maximize their Social Security income. His background includes high-level executive management positions at several Fortune 500 financial services companies, including President and CEO of Key Bank’s investment subsidiary, Key Investments, and National Sales Manager for New York Life’s retirement income security division. Mr. Doherty is a sought after public speaker and has presented for Merrill Lynch, Morgan Stanley, Wells Fargo, UBS, Citibank, New York Life and numerous other financial institutions. He received his MBA in Finance from Syracuse University and BS in Accounting from Elmira College. Previous Speaker Go back to Speaker Network Next Speaker

  • Coaching Resources | Hoopis.com

    Course Catalog Go Back to Main Catalog Page How to Use the Initial Training Roadmap Section 1: Networking & Prospecting Section 2: Telephoning & Practice Management Section 3: Factfinding & Life Insurance Section 4: Closing, Sales Psychology & Client Building Section 5: Practice Management & Motivation Initial Training Roadmap Log in now to view this course Virtual Coach Y01 M01 – Prospecting 101 Y01 M02 - Telephoning 101 and Phone Buddy Y01 M03 - Factfinding 101 Y01 M04 - Closing 101 Y01 M05 - Life Insurance 101 Y01 M06 - Activity Management 101 Y01 M07 - Mental Toughness: Managing Rejection & Adversity 101 Y01 M08 - Prospecting 201 Y01 M09 - Telephoning 201 Y01 M10 - Factfinding 201 Y01 M11 - Closing 201 Y01 M12 - Life Insurance 201 Year 1 Advisor Development Roadmap Y02 M01 - Activity Management 201 Y02 M02 - Mental Toughness: Managing Rejection & Adversity 201 Y02 M03 - Prospecting 301 Y02 M04 - Telephoning 301 and Phone Buddy Y02 M05 - Factfinding 301 Y02 M06 - Closing 301 Y02 M07 - Life Insurance 301 Y02 M08 - Activity Management 301 Y02 M09 - Connecting with the Power of Your Why Y02 M10 - Social Media 101 Y02 M11 - Time Management 101 Y02 M12 - Psychological Sales Triggers Year 2 Advisor Development Roadmap Y03 M01 - Prospecting 401 Y03 M02 - Telephoning in Today's Environment and Phone Buddy Y03 M03 - Factfinding 401 Y03 M04 - Closing Conviction: Emotions are Caught, Not Taught Y03 M05 - Activity Management 401 Y03 M06 - Permanent Life Insurance Sales Concepts Y03 M07 - The Joe Jordan Series Y03 M08 - COI Development 101 Y03 M09 - Life Insurance 401 Y03 M10 - Leveraging Technology for Business Development Y03 M11 - Retirement Planning 201 Y03 M12 - The Art of High Performance Year 3 Advisor Development Roadmap Learning Paths (beta) Sales Skills Marketing Product Knowledge Practice Management Motivation Classroom Training Coaching Resources Menu Close Try It Free for 14 Days Get full access to the platform—risk-free. No credit card. No commitment. Just results. Start building your advisor bench today. Start Your FREE Trial

  • Product Knowledge | Hoopis.com

    Course Catalog Go Back to Main Catalog Page Advanced Planning 101 Advanced Planning 201 Advanced Planning 301 Business Exit Planning Fundamentals Business Ext Planning Obstacles & Mistakes Business Planning LIFE Foundation's Real Life Stories: Advanced Planning Series I LIFE Foundation's Real Life Stories: Advanced Planning Series II Life Happens: Real Life Stories - Business Planning Newest Advanced Planning Videos Special Needs Planning The Business Exit Planning Process Advanced Planning Disability Insurance 101 Disability Insurance 201 Disability Insurance 301 LIFE Foundation's Real Life Stories: Disability Insurance Series I LIFE Foundation's Real Life Stories: Disability Insurance Series II Life Happens: Real Life Videos - Disability Insurance Newest Disability Insurance Videos Special Needs Planning Disability Insurance Insurance Basics Investment Basics Financial Concepts Building Conviction for Life Insurance Business Planning Basics Factfinding for Life Insurance LIFE Foundation's Real Life Stories: Life Insurance Series I LIFE Foundation's Real Life Stories: Life Insurance Series II Life Happens: Real Life Stories - Life Insurance Life Insurance 101 Life Insurance 201 Life Insurance 301 Life Insurance 401 Life Insurance 501 (Advanced Planning 101) Life Insurance PRO Newest Life Insurance Videos Permanent Life Insurance Sales Concepts Special Needs Planning Life Insurance Developing a Long-Term Care Plan LIFE Foundation Real Life Stories: Long Term Care Insurance Life Happens: Real Life Stories - Long-Term Care Insurance Long Term Care and Planning for Retirement Long Term Care Insurance 101 Long Term Care Insurance 201 Long Term Care Insurance 301 Long Term Care Insurance 401 Long Term Care: Consultative Engagement Long Term Care: Solving a Problem vs. Selling a Product Newest Long Term Care Videos Special Needs Planning Long Term Care Insurance Multiline Basic Multiline Intermediate Multiline Log in now to view this course Perspectives: Product Knowledge Annuities 101 Annuities 201 Newest Retirement Planning Videos Prospecting for Retirement Retirement Planning 101 Retirement Planning 201 Retirement Planning 301 Retirement Planning 401 Retirement Planning 501 Social Security 101 Special Needs Planning Retirement Planning Learning Paths (beta) Sales Skills Marketing Product Knowledge Practice Management Motivation Classroom Training Coaching Resources Menu Close Try It Free for 14 Days Get full access to the platform—risk-free. No credit card. No commitment. Just results. Start building your advisor bench today. Start Your FREE Trial

  • Ande Frazier

    Partner at Peachtree Planning of North Georgia Ande Frazier CFP, CLU, ChFC, RICP, BFA, LUTCF, CLTC Partner at Peachtree Planning of North Georgia Ande began working in the financial industry over twenty-four years ago as a Financial Strategist, specializing in personal finance and wealth building for individuals and business owners. Her skills led her to become a prominent speaker and thought leader in the financial services industry; having coached and developed thousands of financial professionals. After serving in various leadership positions throughout the financial services industry, including running a multi-million dollar fintech company, Ande felt it was time to do something that would make a profound difference in bridging the confidence gap between women and their money. She states, “a watershed moment is upon us and it is likely that history will remember this as the time when women found their voices and realized just how powerful they really are. As CEO, Head of Vision and Brand at myWorth, I can partner with women and coach them to harness their power so that the dreaded words of “financial planning” actually make them feel strong, secure and proud.” Ande has participated in extensive ontological, financial, image, communication and sales training. Ande’s career accomplishments led her be named one of Bristol’s Who’s Who Among Distinguished Professionals and Executives, Top 100 in Finance, by Top 100 Magazine, and is a ForbesBooks author with a book to be released later this year. She has completed courses with prominent financial training institutions in areas of Financial Planning, Investments, Taxation, Business, Estate and Retirement Planning. Along with her financial education, Ande is a Certified Image Consultant and has received training from the Coach Training Alliance, Landmark Education and The Life Coach Institute. She is an active member of GAMA, AALU, NAIFA, and WIFS and serves on several corporate and non-profit boards. Ande has her Life and Health Insurance license in addition to Securities Licenses Series 7,63, and 65. Originally a Georgia native, she currently lives in New York with her husband and two children. Previous Speaker Go back to Speaker Network Next Speaker

  • Tips for College Planning

    Next Item Previous Item Go back to White Papers List If you want your children to benefit from a college education, it’s never too early to start saving. A college education is expensive and might be one of the largest outlays you ever make. The good news is that families who want to save for their children’s college education now have more options available than ever before. An investment in a child’s college education has the potential to result in a lifetime of increased earnings. According to the College Board’s report “Education Pays 2016,” full-time workers ages 25 and older with a bachelor’s degree earned a median income in 2015 of $61,400, almost 69 percent more than the $36,800 earned by a full-time worker with only a high school diploma. Those with master’s degrees earned a median income of $75,200, and those with a professional degree earned a median income of $110,900. Don’t Let College Expenses Derail Your Retirement Many parents find themselves having to choose between funding their children’s college education and saving for their own comfortable retirement. It’s not wise to derail your own retirement to fund a college education. There are no federally-guaranteed loans for retirement. Your children, on the other hand, have access to scholarships, grants and federally guaranteed loans to help pay for their college education. Your children might graduate from college with more debt than you or more than they would like, but that may be one of the trade-offs that has to be made as you balance college and retirement savings. More parents are starting to realize this. According to Fidelity Investments’ “2018 College Savings Indicator” report, just 7 in 10 parents are saving money for college, down from 72 percent in 2016. Only 29 percent of parents now say they plan to fully pay for their kids to go to college, down from 43 percent in 2016. On average, parents now expect to pay just 62 percent of their kids’ total college costs, down from 70 percent two years ago. As you balance saving for your kids’ college education with saving for your own retirement savings, put the two financial needs in perspective. A four-year college education can cost anywhere from $75,000 to $200,000. To maintain your current standard of living in retirement, you might need at least five times those amounts. Take full advantage of any tax-favored retirement plans available to you, such as 401(k) plans, IRAs and taxsheltered annuities, before funding college savings accounts. In addition to their tax advantages, these plans often offer matching employer contributions. As an added advantage, assets you own in retirement plans, together with life insurance and annuities, will not affect your child’s ability to qualify for federal student aid. Any money you withdraw from tax-favored retirement plans to fund a child’s college education may have income tax implications and won’t be there when you need it for retirement. You might be able to borrow from a 401(k) plan for college purposes, however, that loan will have to be repaid. It’s a natural inclination to put your children’s needs first. But do you want to pay for their college education only to risk becoming dependent on them in your retirement years? College Savings Plan Options Let’s look at some strategies that can help you save for college expenses. 1. Qualified Tuition Programs (Section 529 Plans) Section 529 plans allow you to either prepay your child’s college tuition or contribute to an account established to pay the qualified higher-education expenses. Although contributions to the account are not tax-deductible for federal income tax purposes, investment growth is tax-deferred. Also, distributions used to pay for qualified higher-education expenses are exempt from federal income tax. Another nice feature of Section 529 plans is that they are set up by adults who name a child as the beneficiary. If the child completes college and there are funds remaining in the Section 529 plan, a new beneficiary, such as a younger brother or sister, can be named. Remaining amounts can be distributed to the account owner or another family member. Funds withdrawn for non-educational use (a non-qualified distribution), however, are subject to ordinary income tax on the earnings portion, which is also subject to a 10 percent penalty tax. State income tax might also be assessed. Section 29 plans are authorized by federal law, but they are operated by the states. The rules, requirements, fees and expenses of these plans vary from state to state, as do state and local taxation of contributions and distributions. For example, some states allow Section 529 plan contributions to be deducted for state income tax purposes. 2. Education Savings Accounts Taxpayers within specified adjusted gross income levels may contribute up to $2,000 per year per beneficiary to an Education Savings Account. Contributions are not tax-deductible, but the earnings grow tax-deferred and are distributed tax-free, provided they are used to pay the beneficiary’s qualified education expenses. 3. U.S. Savings Bonds Subject to certain limits, interest on series EE and I savings bonds may be excluded from income if you use them to pay qualified education expenses in the year you redeem the bonds. 4. Savings/Investment Accounts Depending on your risk tolerance, your income tax bracket and the time frame in which you will need the funds, you can place education savings in a savings account, a certificate of deposit, U.S. Treasury securities or a money market account. Or you can invest the funds in some combination of stocks and bonds, either directly or through mutual funds. 5. Grandparents Many grandparents want to help finance their grandchildren’s college education. Grandparents can fund Section 529 plans, either as the account owner or, if the plan allows, by making contributions directly to a Section 529 plan already established by the parents. Grandparents can also fund Education Savings Accounts, purchase U.S. savings bonds for qualified higher-education expenses, or simply set up a college savings account for the future benefit of their grandchildren. Another option might be for grandparents to consider making annual gifts to college-age grandchildren. Understand the Tax Implications of Your Options Before you decide how to fund your children’s college education, make sure you understand the tax implications of each option. You don’t want any surprises. We recommend meeting with a competent, trusted financial advisor before making any decisions. If you maintain separate education accounts for each of your children, you must decide if those accounts will be held in the name of the child, a parent or another adult. In making this decision, consider the impact on your family’s income taxes and who you want to have control of the assets. The good news is that you could reap tax savings if the account is held in the child’s name and income earned by the account is taxed to the child, who will probably be in a lower tax bracket than the parents. There is a catch, however. If the child is under age 19 (under age 24 if a dependent full-time student), the socalled “kiddie tax” applies. In 2019, unearned income is taxed at 0 percent up to $2,600, 24 percent from $2,600 to $9,300, 35 percent from $9,300 to $12,750, and 37 percent on unearned income above $12,750. Any additional unearned income over $12,750 is taxed at the parents’ top rate. Once the child reaches age 19 (age 24 if a dependent full-time student), all unearned income is taxed at the child’s rate, which currently could be as low as 10 percent. How to Maintain Control of the Funds for Your Child If you are nervous about your child having control of the funds, there are alternatives that can produce tax savings while maintaining some control. 1. Minor’s Trust You can establish either a Section 2503(b) or Section 2503(c) trust to maintain control of principal and income while your child is a minor. Both types of trusts qualify for the annual gift tax exclusion per donor ($15,000 in 2019). Trust income is taxable to the trust or, if distributed, to the minor. A minor’s trust can, however, be expensive and time-consuming to establish. Unless you anticipate substantial gifts over a number of years, the next alternative might be more attractive. 2. Custodial Account Depending on the state you live in, you can establish a custodial account under either the Uniform Gifts to Minors Act (UGMA) or the Uniform Transfers to Minors Act (UTMA). With a UGMA or UTMA account, the income is taxed to the child as described above in the section titled “Understand the Tax Implications of Your Options” Only the custodian has control of the funds until the child reaches age 18 or 21 (depending on the state). The custodian can be a parent or any other adult. Gifts made to a custodial account qualify for the annual gift tax exclusion per donor ($15,000 in 2019). It’s also important to consider the potential impact that a college savings plan might have on your child’s ability to qualify for student loans and grants. The way the financial aid formula works, children are expected to contribute a much higher percentage of their assets toward paying college costs than their parents are. So if receiving student financial aid is an objective, you might want to avoid saving money in your child’s name. First Things First – Apply for Scholarships Rather than planning to save for this whole expense, you can choose to prepare for only a portion of the projected costs. There are a number of programs, such as scholarships and grants, that can help offset these expenses. The difference between a scholarship and a grant is generally not that big. All scholarships are grants, but not all grants are scholarships. The key feature to both is that they do not have to be paid back, which makes them very attractive and generates high competition to receive them. Scholarships are solely focused on education, whereas grants can also be, but are not restricted to it. So, scholarships are where most college-bound students should, and do, look first. Where to find scholarships? Many are sponsored through your local civic or religious affiliations and, of course, through both the state and federal government. Students also can receive awards by winning contests or participating in community service. Some are based on merit for extraordinary academic performance, and athletic scholarships are awarded to those who excel in all types of sports. Some Fun and Surprising Scholarship Opportunities Now, the good news is that you do not have to be a super athlete, or even a Sheldon Cooper, to qualify for a scholarship. Scholarships are available to an unbelievably large field, such as those who participate in duck calling, are fluent in Klingon, possess a passion for writing greeting cards or are duct-tape couture designers. Feeling a little better now? Well, here are a few more scholarship categories: water skiers, gardeners, bass fishermen, bowlers, taxidermists, pool players, marble shooters and even nudists. The blind, asthma patients and others also have outlets for scholarships. Without getting too personal, do you have natural red hair? If so, a redhead scholarship such as the one provided by Scholarship Red could easily win you some free money for college. The bottom line is, don’t limit your thinking of scholarships only to the next Heisman Trophy Winner, or Bill Nye, the science guy type; the reality of the matter is that scholarships can be given out to people with many different types of characteristics, heritages or ethnic backgrounds, as well as those with a connection to the military and even those of a specific gender or height. Speaking of height, Tall Clubs International offers tall students a $1,000 scholarship. To qualify, girls must be at least 5-foot-10, and guys must measure at least 6-foot-2. OK, just one more before we move on. Jif, the peanut butter company, holds the “Jif Most Creative Sandwich Contest,” which can be a fun way to award money to students preparing to attend college. The award includes a scholarship worth $25,000, but just as important, a Jif Peanut Butter Basket worth $50! Not all scholarships will provide you a free ride in college, covering all of your tuition and expenses. Some will give you $200, $500, $1,000 or whatever amount, but every bit helps, right? And you never know when and where a big check might come from. Where to Find Scholarships to Apply For Now, where to begin your search? Start with website searches, such as FastWeb or FinancialAidFinder. Be sure to look at College Board’s Scholarship Search, as well as Scholarships.com, Unigo.com (formerly ScholarshipExperts.com) and Peterson’s Award Database. These are only the tip of the list. There are many lists, and they can be fun and fascinating to review. Other Ways to Reduce College Costs Unless your child has his or her heart set on earning a degree from a prestigious out-of-state university, there are ways to reduce college costs. Here are a few strategies to consider. 1. Consider Public vs. Private Schools Your child does not have to attend an Ivy League college to receive an excellent education. Check out the public colleges in your state, which typically charge considerably less tuition than private colleges. In addition, there are well-regarded private colleges that do not charge “Ivy League tuition.” 2. Look into Local Community Colleges Community colleges are typically less expensive than four-year universities, and they offer students the financial advantage of being able to live at or near home. Students often fulfill basic course requirements at a community college and then, after the second year, transfer those credits to the four-year college of their choice. Before you do this, make sure the community college credits will be accepted at the university your child plans to attend. 3. Have Your Student Live at Home Encourage your child to attend a nearby college and live at home, at least for a year or two. Eliminating room-and-board expenses can substantially reduce college costs. 4. Look into Tuition-Reduction/Reimbursement Plans Find out what types of tuition-reduction plans are offered at the colleges you are considering. Some colleges offer reduced tuition to the children of alumni or to children of college employees. Find out if your employer has any educational benefits available to the children of employees. 5. Accelerate Graduation Some students take as many course credits as they can each semester to earn a degree in a shorter period of time. This is easier to do if the student is not working while taking classes. Also check out Advanced Placement programs. 6. Have Your Child Apply for Work–Study Jobs Work–study programs provide part-time jobs for undergraduate and graduate students who have financial need. In addition, many colleges offer employment opportunities in housing units and dorms and in on campus offices. 7. Have Your Child Join the ROTC If your child is interested in pursuing a military career after college, consider having him or her apply to one of the service academies or enrolling in ROTC (Reserve Officers’ Training Corps). This college program is offered at more than 1,700 colleges and universities across the United States and prepares young adults to become officers in the U.S. military. In exchange for a paid college education and a guaranteed post-college career, participants, called “cadets,” commit to serve in any branch of the military after graduation. An Overview of Financial Aid As you review your options for funding your child’s college education, contact the financial aid offices at the colleges you’re considering. They are an excellent resource for reviewing the types of financial aid available at their respective colleges. Financial aid can be in the form of grants and scholarships, which do not have to be repaid, in the form of loans, which do have to be repaid, or in the form of a work–study program, which requires the student to work for a specified number of hours each week in return for money to pay college expenses. Financial aid is either merit-based or need-based. The kinds and amounts of available financial aid that are available often vary from year to year, making it difficult to plan in advance. The federal student aid website offers a wealth of information on this topic. To apply for financial aid, you need to fill out the Free Application for Federal Student Aid, or FAFSA®. The FAFSA uses a formula known as the “federal methodology” to determine your child’s financial aid eligibility. Be sure to complete this form as early as possible in the year in which your child will be attending college. An Overview of Grants The beauty of student grants is that they do not have to be repaid. To be eligible for federal student aid grants, you must complete the FAFSA. The following are the primary student aid grant programs currently available from the federal government: 1. Federal Pell Grant Pell Grants are considered a foundation of federal financial aid, and aid from other federal and nonfederal sources might be added to these grants. 2. Federal Supplemental Opportunity Grant (FSEOG) FSEOGs are for undergraduates with exceptional financial need. Pell Grant recipients with the lowest expected family contributions will be considered first for a FSEOG. A student can receive between $100 and $4,000 per year. 3. TEACH Grant Program The Teacher Education Assistance for College and Higher Education (TEACH) Grant Program provides grants of up to $4,000 per year to students who intend to teach in a public or private elementary or secondary school that serves students from lowincome families. 4. Iraq and Afghanistan Service Grant These grants provide up to $5,717.11 per year for the 2018–19 award year to students whose parent or guardian was a member of the U.S. armed forces and died as a result of performing military service in Iraq or Afghanistan after the events of 9/11. Students who are awarded these grants must be ineligible for a Pell Grant due only to having less financial need than required to receive a Pell Grant and must have been under age 24 or enrolled at least part-time in an institution of higher education at the time of the parent’s or guardian’s death. Doing some homework at least one year before your child is ready to attend college can reduce your personal outlay for his or her education. Combine as many of these strategies you can to reduce the total cost. Contact HPN to Learn More About College Planning Hoopis Performance Network provides insights, knowledge and skill training for management, producers, and staff in the financial services industry. We want to provide you with the tools you need to build and support your team and educate your clients. Contact us today for your training and education needs and to learn more about how you can help clients prepare for the high cost of college today. Tips for College Planning

  • Katherine Forrester

    Founder and CEO at High Note Wealth Katherine Forrester Founder and CEO at High Note Wealth Katherine is the Director of Business Development and Co-Founder of High Note Wealth and brings over 23 years of wealth management industry expertise to the business. She founded the firm with her brother Michael Forrester on the belief that all clients should be treated like family. Katherine was a recipient of the 2016 Top 50 Women in Business Award (Minneapolis Business Journal) and the 2017 and 2011 Top Women in Finance Award (Finance & Commerce magazine). In addition, she has been a regular contributor to FOX9's morning news show, sharing her expertise on personal finances for families and individuals. Always active in the community, Katherine is a former board member of the Ridgeview Medical Center Foundation and Northwestern Mutual's FRA Board. She continues to give back to others through her work with the Schneewind Family Foundation, Women’s Violence, The Animal Humane Society and the ABC Foundation. Katherine earned a Bachelor of Arts degree in music therapy from the University of Minnesota and holds the Chartered Financial Consultant (ChFC) and Chartered Life Underwriter (CLU*) designations. Katherine lives in Excelsior with her husband, Randy, and son, Remington, who attends Chinese Immersion School at Excelsior Elementary. She has two step-daughters who she adores, Brooke and Kate. Brooke is currently studying interior design at Samford University. Kate is a mental health practitioner at MN Adult & Teen Challenge and lives with her son Mason and husband Kevin, who is retired from the US Marine Corp and is currently pursuing his degree at the University of St. Thomas, in Minneapolis. A former country music singer and avid musician, Katherine also enjoys traveling, family gatherings and self improvement pursuits. On September 8, 2013, she achieved her lifelong goal of finishing the lronman Triathalon in Madison, Wisconsin where she swam, biked and ran 140.6 miles with a finishing time of 14:02:02. Previous Speaker Go back to Speaker Network Next Speaker

  • Legal Planning for a Child with Special Needs

    Next Item Previous Item Go back to White Papers List One of the most important questions parents who have a child with special needs ask themselves is, “What’s going to happen to my child when I’m no longer here?” To a large degree, the answer to that question will depend on the steps you begin taking today to arrange for your child’s future well-being. Having a child with special needs requires considerable planning, both for the short term and the long term. Taking care of the legal formalities regarding your child’s long-term care will give you peace of mind. First Steps Planning for the future care of a child is important under any circumstances, and it’s especially critical to do so for a child with special needs. Here are initial steps you should begin taking today: Assess your child’s prognosis. Will your child ever be able to earn a living, manage assets, and live independently? Your evaluation of issues such as these will then guide you in the type of planning you need to complete to provide for your child. If you are unsure about your child’s future prognosis, be conservative in your assumptions. You can always change your plans in the future. Review your financial situation. What assets do you have available to provide for your child’s future financial needs? What can you do to accumulate additional assets for his or her care? Evaluate living arrangements. Where do you want your child to live after your death, or if you become physically unable to care for your child? Will your child need a guardian (or conservator)? Understand government benefits. Do you know what government benefits are available and what the requirements are to qualify for them? Government benefits and their requirements can play a major role in your child’s future well-being. Improper or careless planning could make your child ineligible for certain benefits. Government benefits fall into two groups: Entitlement programs. Eligibility for entitlement programs is based on meeting certain requirements, such as age, disability, or blindness. An individual who, for example, meets the required definition of “disability” is entitled to receive benefits, regardless of that individual’s financial situation. Needs-based programs. To receive benefits from a needs-based program, a disabled individual cannot have income or assets above stated amounts. Legal Planning Overview Once your initial assessment is complete, the care and well-being of a child who is either a minor or an adult who is mentally, physically, and/or developmentally disabled can be greatly enhanced by your efforts to complete legal, medical, financial, and educational planning. This white paper focuses on the area of legal planning. Please see our other white paper for tips on medical, financial, and educational planning for a child with special needs. In general, legal planning will establish how your estate will be distributed when you die. Who will care for your child with special needs when you’re no longer able to do so? How can your estate be arranged to provide for your child without disqualifying him or her from receiving government benefits? The 6 legal issues listed below are important in planning the future for a child with special needs. Will. The primary purpose of a will is to state how you want your assets distributed at your death. Guardian. If your child’s condition warrants it, give careful thought to naming a future guardian or conservator for your child, after both parents are gone. The child’s guardian may be different from the trustee of financial assets. Letter of intent. A letter of intent serves as a blueprint of what you want your child’s life to be like if there comes a time when you can no longer care for him or her. Special needs trust. This type of trust that can receive and manage assets for the benefit of your disabled child, without disqualifying him or her from receiving government benefits. Be careful here—boilerplate wording from an attorney who is not experienced in this field will not suffice. Special needs trusts should be specific and include exact wording, to prevent your child from being disqualified from receiving government support. As your child reaches adulthood, you might lose the authority to make decisions for him or her. The two documents described below enable you to continue assisting your adult child in making appropriate decisions throughout his or her lifetime. Both documents refer specifically to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This allows disclosure of medical and hospital records and information to the “agent” that is not subject to federal regulation of privacy rules. Don’t forget to identify “alternate agents” to carry on for you after you are no longer able to do so. Power of attorney. This legal instrument is used to delegate legal authority to another person, giving that person the authority to make property, financial and other legal decisions during the lifetime of the person who executes the power of attorney (the initiator). A power of attorney remains in effect only while the initiator is alive. Upon the initiator’s death, it is automatically canceled and of no effect. Medical directives. In addition to recording the treatments an individual wishes to have or not have, should he or she become unable to make those decisions, a medical directive also appoints a proxy—someone to make medical decisions for a person who cannot make medical decisions on his or her own. Now let’s examine each of these 6 important legal areas in more detail. Your Will A will is the legal document that states the actions you want taken after your death, with regard to the disposition of your property, the guardianship of any minor or disabled children, and the administration of your estate. If you die without a will, you are said to die “intestate,” and the state in which you reside will make these important decisions through its intestacy law. This means that the state will determine who receives your property, who becomes the guardian of your minor and/or disabled children, and how your estate will be administered. By preparing your will, you can avoid negative potential implications such as the following: The court-appointed guardian might not be someone your child even knows. Any inheritance received by your child in excess of $2,000 could disqualify him or her from receiving needs-based government benefits. A will is an important first step in your legal planning… it sets everything else in motion. Guardians In most states, once a child reaches age 18, he or she is presumed to have decision-making capacity, and the parents’ legal authority ends. Parents of children with special needs have various options, each with advantages and disadvantages depending on the situation, to establish a new legal authority to continue making important decisions for the child. If the child is incapable of making personal or financial decisions once he or she reaches the age of majority, a parent—or anyone else who is an adult, is not incapacitated, and does not have a significant conflict of interest—can petition the court to be appointed the adult child’s guardian or conservator (the terminology is different in different states). It’s important to give careful thought to who will have responsibility for your child with special needs after both parents are gone. A guardian or conservator is the individual who will care for your child and manage his or her affairs when you’re no longer available or able to do so. The laws regarding this person’s roles vary from one state to another. Among the various guardianship/conservatorship arrangements, there are 2 basic types, and you will need to select one of them. Your choice will largely depend on your evaluation of your child’s developmental disabilities: Limited guardianship or conservatorship. The powers of the guardian or conservator are limited to reflect the needs of the disabled individual. A limited guardian or conservator is appropriate if your specialneeds child is capable of performing some, but not all, the tasks of daily living and/or managing his or her financial resources. General guardianship or conservatorship. The guardian or conservator has full decision-making powers for a disabled individual with respect to finances, living arrangements, medical care, etc. Letter of Intent A letter of intent is a blueprint of your child’s situation and your wishes for your child when you are no longer there to carry them out. Although it is not legally binding, the letter provides direction for the person or persons who will be caring for your child. Write a letter of intent as soon as possible and update it as your child grows. Include the following types of information: The child’s vital information (full name, nickname, place and date of birth, Social Security number), plus the name and contact information of anyone involved in your child’s life, such as a caseworker, school or work contact, financial advisor, executor of your will, and/or the child’s guardian. Medical information about your child, including diagnosis, care, and support he or she currently receives, medications, emergency instructions, physicians, therapies, etc. It’s a good idea to either include a set of the child’s medical records or to state where those records are located. A “snapshot” of your child’s capabilities with regard to activities of daily living (eating, bathing, getting dressed, toileting, transferring, and continence). Any special equipment your child needs, such as wheelchairs, shower chairs, modified computers, voice-recognition software, utensils or plates, etc. Also include whom to contact to maintain this equipment or where to go to repair or replace it. Education your child has received, as well as future education you’d like him or her to receive. Living arrangements…where would you (and your child) like for the child to live if something should happen to you? What happens if you become physically unable to care for him or her anymore? Indicate whether you feel your child can live independently or would be better in a group environment. This decision might need a long lead time (years, even) to put into place for independent living, depending on where you live. Employment opportunities that you feel might be open to your child when he or she becomes an adult. Social/behavioral information, such as activities and the types of toys your child enjoys, who your child likes to play with, plus any behavior-management issues, including how you discipline your child. Dietary information, including food likes and dislikes, diet restrictions or allergies, problems swallowing, etc. Religious information, as appropriate. Financial guidance, including information about medical insurance, financial resources available to the child, and whom to contact for assistance and additional information. Special Needs Trust The purpose of a special needs trust is to provide financial assets for your child’s future care and well-being, while maintaining his or her eligibility for government benefits, such as Social Security, Supplemental Security Income, Medicare, or Medicaid. Under current federal law, an individual with more than $2,000 in assets will be disqualified from most needs-based government benefits. State assistance programs might also be based on need. The only exception to this law is an ABLE account, also known as a 529 ABLE or 529A account. It is a state-run savings program for eligible people with disabilities in the United States. Rules governing ABLE accounts are codified in Internal Revenue Code section 529A, which was enacted by the Achieving a Better Life Experience Act in 2014. If your child were to receive an inheritance from you directly, it’s highly probable that the inheritance would disqualify him or her from receiving needed benefits. Do not leave assets directly to your child. With a special needs trust, you leave assets to the trust. The trust is managed by a trustee, who can use trust assets on your child’s behalf. Special needs trust requirements are stringent, so it’s important that you consult with an experienced attorney to set one up. In a properly structured special needs trust, the trust holds title to the property for the benefit of the disabled child or adult. The assets in the special needs trust can be used to provide for the needs of the disabled individual and to supplement benefits received from government assistance programs. For example, trust assets could be used to provide your child with the following: Transportation, including the purchase of a vehicle Training, rehabilitation, or education programs Equipment Payment of medical, dental, and eyesight needs Payment of insurance premiums Companion/home health aides Entertainment Items to enhance quality of life/self-esteem A special needs trust can hold cash, as well as title to stocks, bonds, mutual funds, real estate, and personal property. In addition, it can own and/or be the beneficiary of life insurance policies. Another use for a special needs trust is to receive any proceeds from personal-injury settlements without jeopardizing the disabled individual’s eligibility for government benefits. Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries – “special needs”—that could not be paid for by public-assistance funds. This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to your disabled child, those payments will count as income to him or her. This can affect eligibility for government benefits. One of the trustee’s most important jobs is to use discretion in making distributions from the trust, so as not to jeopardize the beneficiary’s eligibility for these government benefits. If the beneficiary receives SSI, here are some basic expenses that should not be paid through a special needs trust without consultation with a special-needs attorney: Cash given directly to the beneficiary for any purpose Food or groceries Restaurant meals (except if given as an occasional gift) Rent or mortgage payments Property taxes Homeowners or condo association dues Homeowners insurance if the insurance is a mortgage requirement Utilities such as electricity, gas, and water Utilities hookup or connection charges However, many of these payments will only cause a 1/3 reduction in SSI benefits. The trustee may determine that the benefit of the trust making these payments far outweighs the loss of income. Still, to ensure that your child can retain eligibility for government benefits, it’s important that wellintentioned family members, such as grandparents, understand that their wills should bequeath assets to the special needs trust, not directly to the disabled individual. Power of Attorney A power of attorney (POA) is a legal document giving one person the power to act for another person. Conventional POAs lapse when the creator becomes incapacitated, but a “durable POA” remains in force to enable the agent to manage the creator’s affairs, and a “springing POA” comes into effect only if and when the creator of the POA becomes incapacitated. A medical or healthcare POA enables an agent to make medical decisions on behalf of an incapacitated person. A person who is appointed as power of attorney is not necessarily an attorney. The person could just be a trusted family member, friend, or acquaintance. Medical Directives Medical directives, also known as advance directives, guide choices for doctors and caregivers if a person is terminally ill, seriously injured, in a coma, in the late stages of dementia, or near the end of life. Advance directives need to be in writing. Each state has different forms and requirements for creating legal documents. Depending on where you live, a form may need to be signed by a witness or notarized. You can ask a lawyer to help you with the process, but it is generally not necessary. You can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies, and destroy all old copies. Specific requirements for changing directives can vary by state. It’s easy to feel overwhelmed when doing the legal planning needed to ensure that your disabled child will get the best care possible. But advance legal planning is critical to ensuring that all potential scenarios are covered. Being proactive in this area can prevent costly, stressful, and time-consuming problems from occurring down the road. Legal Planning for a Child with Special Needs

  • Randy Taylor

    Keynote Speaker, Performance Coach and Author Randy Taylor Keynote Speaker, Performance Coach and Author Randy Taylor’s story is remarkable. His ability to connect with audiences and create lasting change is truly extraordinary. Extensive study over 30 years into the science of human behavior has allowed him to become one of the nations leading experts in human potential and leadership. Having escaped poverty, parent alcoholism and life on the streets Randy was able to overcome incredible odds. Beginning at age 28 he began a 20-year career that propelled him to the very top in Canadian broadcasting at CFRB 1010 and as the host of Summit of Life on Global Television. His level of expertise has won him several national broadcast awards. Twelve years ago Randy left broadcasting to form Taylormadeleadership. Through his own personal experience and study for over thirty years, he has developed a dynamic new leadership and personal development process called “The Winner Within”. This program has received national endorsement from six of the largest companies in Canada. He is quickly gaining notoriety among some of the top corporations and associations in North America. His client list includes Manulife, McMaster University, London Life, Investors Group, Motorola, Aim Trimark, Xerox, Empire Life, ReMax Realty, Petro Canada, Kraft Foods, Industrial Alliance, Freedom 55 Financial, The Government of Canada, Brookfield Homes, Toronto Employment Services and many more. Previous Speaker Go back to Speaker Network Next Speaker

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