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At Hoopis Performance Network, we care about your privacy and security, and want you to know how we collect, use, share, and protect your personal information and what choices you have regarding your data. Privacy Policy Hoopis Performance Network, LLC (“HPN”) values our customers’ participation, interests and needs, and takes great pride in its relationships with its customers. In order to provide our services as well as information regarding those services, HPN will occasionally ask you to provide us information about yourself and/or your business. This Privacy Policy describes the information we collect and how we use that information. If you have questions or concerns regarding this Privacy Policy, you can contact HPN at info@hoopis.com . By providing HPN with personal information, you expressly agree to the terms of this Privacy Policy and consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. Also, by using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. If you choose to visit www.hoopis.com or use any of our apps or services, your visit and any dispute over privacy is subject to this Policy and our Terms & Conditions. This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the Service and tells you about your privacy rights, including how the law protects you. To have your personally identifiable information deleted from HPN systems, you may email [insert email], use our contact information form [insert link], or click here to MANAGE YOUR PERSONAL INFORMATION [make this a clickable link]. This Privacy Policy describes how and why HPN might collect, store, use, and/or share ("process") your information when you use our services, such as when you: Visit our website at http://www.hoopis.com , or any Website of ours that links to this Privacy Policy. Download and use our mobile applications, or any other application of ours that links to this Privacy Policy Engage with us in other related ways, including any communications, content or course interactions, or other methods. Questions or concerns? Reading this Privacy Policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at: info@hoopis.com Interpretation and Definitions Interpretation The words of which the initial letter is capitalized, or lower-case words referred to below, are defined as follows. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For purpose of this Policy, the following definitions shall apply: Account means a unique account created for you to access our Service or parts of our Service. Affiliate and Business Partners includes our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us or with whom we have a contractual business relationship. Application refers to apps created by HPN or any software program provided by the Company. re Controller means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Information. Cookies are small files that are placed on your computer, mobile device or any other device by a website.. Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet. Hoopis Performance Network or HPN (sometimes referred to as either "we," "us" or "our" in this Policy) means Hoopis Performance Network, LLC a Delaware limited liability company with its principal place of business at 790 Frontage Rd. #300, Northfield, Illinois 60093; and its successors, assigns and wholly owned affiliates and subsidiaries and their respective divisions and groups, each of which are located within the U.S. Personal Information is any information that relates to an identified or identifiable individual and also means data about an identified or identifiable individual that are within the scope of the EU General Data Protection Regulation ("GDPR"), Directive 95/46/EC on Data Protection, or the California Consumer Protection Act ("CCPA"), collected or received by HPN and recorded in any form. Processing of Personal Information means any operation or set of operations which is performed upon Personal Information, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction. Sensitive Personal Information means personal information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual or, where received from a third party, data that is identified and treated as sensitive by the third party. Where individuals from non-EU member states are concerned, “Sensitive Personal Information” may also include ideological views or activities, and information on social security measures or administrative or criminal proceedings and sanctions, which are treated outside pending proceedings. Service refers to the Application or the Website or both. In addition, it may also include content and courses developed by HPN. Service Provider means any natural or legal person who processes Personal Information on behalf of HPN. It also refers to third-party companies or individuals employed by HPN to facilitate the Service, to provide the Service on behalf HPN, to perform services related to the Service or to assist HPN in analyzing how the Service is used. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Website refers to hoopis.com, hpnuniversity.com, hpnelevate.com, or any other website operated by HPN and accessible from any of the aforementioned URLs. You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Overview General overview of the information we collect HPN collects and stores a limited amount of personally identifiable information from the users of its Services. The first kind of information we collect and store is information you provide to us. When you express an interest in obtaining various products and services from us, you may provide us with several types of personally identifiable information, which may include your name, e-mail address, usernames or passwords. We may also collect or obtain additional information concerning the types of products you ordered or purchased, and the date of the order or purchase, when you register on, log on, or visit our Website or any of our Service Providers. Overview of the use and disclosure of information We use the information we collect about you in order 1) to provide our services, 2) to provide customer service, 3) to improve our services and 4) to provide you information regarding our services and those of our affiliates. We give access to personally identifiable information only to those HPN staff members who require access to fulfill these functions. We also employ other Service Providers to provide and perform certain Website and e-commerce related functions on our behalf, such as fulfilling orders, analyzing data, processing credit card payments and providing customer service. These companies and individuals may have access to personal information needed to perform these functions, but may not use it for any other purposes. These companies may also have their own privacy policies governing use of their individual services. We may also communicate with you via e-mail, U.S. mail or telephone to provide requested goods and/or services, answer questions regarding those goods and/or services, complete transactions requested by you, such as your purchase or return of a product, resolve complaints, or send you administrative communications either about your account with us or about important changes to our Services, which may include any future changes to this Privacy Policy. Generally, you cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. Regardless of any opt-out choices that you make, HPN may disclose personal information when it believes in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena or (b) will help to enforce any terms and conditions of use on our Website; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Website, HPN, and/or third parties, including the safety and security of property that belongs to HPN or third parties. This includes exchanging information with other companies and organizations for fraud protection and risk reduction. Finally, in the event that all or substantially all of the assets relating to Hoopis Performance Network or www.hoopis.com are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity. Collecting and Using Your Personal Information Types of Data Collected Personal Information While using our Service, we may ask you to provide us with certain Personal Information that can be used to contact or identify you. Personal Information may include, but is not limited to: Email address First name and last name Physical or postal address Usage Data Credit card information Usage Data Usage Data is collected automatically when using the Service. Usage Data may include information such as the Internet Protocol address (“IP address”) of the Device you use to access the Services, , browser type, browser version, the pages of our Websites that you visit, the time and date of your visit, the time spent on those pages, unique Device identifiers and other diagnostic data. When you access the Service by or through a mobile Device, HPN may collect certain information automatically, including, but not limited to, the type of mobile Device you use, your mobile Device’s unique ID, the IP address of your mobile Device, your mobile operating system, the type of mobile Internet browser you use, and other diagnostic data. We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile Device. Tracking Technologies and Cookies HPN uses Cookies and similar tracking technologies, such as beacons, tags, and scripts, to track the activity on our Service and to collect and store certain information used to improve and analyze our Service. The technologies we use may include: Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to request your permission whenever a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Service. Unless you have adjusted your browser setting so that it will refuse Cookies, our Service may use Cookies. Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit HPN to count users who have visited those pages or opened an email, for example, and to generate other related website statistics (for example, recording the popularity of a certain section or verifying system and server integrity). Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your Device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We use both Session and Persistent Cookies for the purposes set out below: Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided; HPN only uses these Cookies to provide you with those services. Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website. Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website. For more information about the Cookies we use and your choices regarding Cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy. Use of Your Personal Information Hoopis Performance Network, LLC may use Personal Information for the following purposes: To provide and maintain our Service, including to monitor the usage of our Service. To manage your Account: to manage your registration as a user of the Service. The Personal Information you provide can give you access to different functionalities of the Service that are available to you as a registered user. For the performance of a contract: the development, compliance and undertaking of a contract for the products or services you have purchased or of any other contract with us through the Service. To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To manage your requests: To attend and manage your requests to HPN. For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Service users is among the assets transferred. For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience. HPN may share your personal information in the following situations: With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, or to contact you. For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us. With business partners: We may share your information with our business partners to offer you certain products and services. With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside of HPN. With your consent: We may disclose your personal information for any other purpose with your consent. Retention of Your Personal Information HPN will retain Your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. HPN will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a short period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods. Transfer of Your Personal Information Your information, including Personal Information, is processed at HPN's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. HPN will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Delete Your Personal Information You have the right to delete or request that HPN assist in deleting the Personal Information that we have collected about you. Our Service may give you the ability to delete certain information about you from the Service. You may update, amend, or delete your information at any time by contacting us to request access to, correct, or delete any personal information that you have provided to us. Please note, however, that we may need to retain certain information when we have a legal obligation or lawful basis to do so. Disclosure of Your Personal Information Business Transactions If HPN is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy. Law enforcement Under certain circumstances, HPN may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency). Other legal requirements HPN may disclose your Personal Information in the good faith belief that such action is necessary to: Comply with a legal obligation Protect and defend the rights or property of the Company Prevent or investigate possible wrongdoing in connection with the Service Protect the personal safety of Users of the Service or the public Protect against legal liability Security of Your Personal Information The security and confidentiality of your information is extremely important to HPN but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to meet security standards and use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We have implemented technical, administrative, and physical security measures to protect customer’s information from unauthorized access and improper use. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. HPNwill take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the Personal Information. Mobile Specific Information Mobile Device Access: We may request access to or permission to use certain features from your mobile device, including (but not limited to) your mobile device's camera, reminders, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings. Push Notifications: We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings. Content Information: Apps created by HPN are not designed to collect or display end-user provided content or any content uploaded by you. For your privacy, we do not allow users to upload video, we do not collect user videos, and we do not display user collected videos. All content found within HPN apps including (but not limited to) any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, drawings, literary works and any other materials have been created by HPN or its partners for users of our app as part of our Service. HPN content and courses are created and developed under copyright and license agreements giving contractional permission for HPN to distribute this developed content to our users. All content, including videos, found within our mobile apps are privacy-released by our performers and content partners with permission to display that content to our users within our apps. Additional collected app information: Any additional information that you provide or is collected though usage of our apps is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes. Any other additional information you provide may be collected for any other purpose with your consent. All personal information that you provide to HPN must be true, complete, and accurate, and you must notify us of any changes to such personal information. Controls for DO-NOT-TRACK features Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, HPN does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. Links to Other Websites Our Service may contain links to other websites that are not operated by HPN or covered by this privacy policy. If you click on a third-party link, you will be directed to that third party's site. WE STRONGLY ADVISE YOU TO REVIEW THE PRIVACY POLICY OF EVERY SITE YOU VISIT. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. Children's Privacy Our Service is not addressed to anyone under the age of 18. HPN does not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from anyone under the age of 18 without verification of parental consent, we will remove that information from our servers. HPN does not knowingly collect personal information from or conduct business with minors (under the age of 18) and we ask that minors do not submit any personal information to us via this Website. California Residents California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from HPN, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. CCPA Privacy Notice This section applies only to California residents. Under the California Consumer Privacy Act (CCPA), you have the rights listed below. The California Code of Regulations defines a "residents" as: (1) every individual who is in the State of California for other than a temporary or transitory purpose and (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information. Your rights with respect to your Personal Information Right to request deletion of the data — Request to delete You can ask HPN for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities. Right to be informed — Request to know Depending on the circumstances, you have a right to know: whether we collect and use your personal information; the categories of personal information that we collect; the purposes for which the collected personal information is used; whether we sell or share personal information to third parties; the categories of personal information that we sold, shared, or disclosed for a business purpose; the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose; the business or commercial purpose for collecting, selling, or sharing personal information; and the specific pieces of personal information we collected about you. In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights We will not discriminate against you if you exercise your privacy rights. Right to Limit Use and Disclosure of Sensitive Personal Information We will not collect or process your Sensitive Personal Information. Verification process Upon receiving your request, HPN will need to verify your identity to determine you are the same person about whom we have Personal Information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. HPN will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you. Other privacy rights You may object to the processing of your personal information. You may request correction of your Personal Information if it is incorrect or no longer relevant or ask to restrict the processing of the information. You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA. You may request to opt out from future sharing of your Personal Information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission. To exercise these rights, you can contact us by email at info@hoopis.com , by calling toll-free at (847) 716-1800, or by referring to the contact details at the bottom of this document [insert a link to exercise these rights. If you have a complaint about how we handle your data, we would like to hear from you. Users Located Outside the United States If you are visiting HPN Sites outside the United States, please be aware that information we collect from the Sites will be transferred to, and processed in, the United States and other countries. By using the Sites, you acknowledge and consent to the transfer and processing of your Personal Information in the United States as described in this Policy.[insert link – I AGREE] GDPR Privacy This section applies only to residents and citizens of the European Union. Legal Basis for Processing Personal Information under the General Data Protection Regulation (the “GDPR”) HPN may process Personal Information under the following conditions: Consent: you have given your consent for processing Personal Information for one or more specific purposes. Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof. Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which HPN is subject. Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person. Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by HPN. In any case, HPN will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Your Rights under the GDPR HPN undertakes to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights. You have the right under this Privacy Policy, to: Request access to your Personal Information. The right to access, update or delete the information we hold about you. You can access, update or request deletion of your Personal Information by contacting us to assist you. This also enables you to receive a copy of the Personal Information we hold about you. Request correction of the Personal Information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected. Object to processing of your Personal Information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where we are processing your Personal Information for direct marketing purposes. Request erasure of your Personal Information. You have the right to ask us to delete or remove Personal Information when there is no good reason for us to continue processing it. Request the transfer of your Personal Information. HPN will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw your consent. You have the right to withdraw your consent to our use of your Personal Information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Website. Exercising your GDPR Data Protection Rights You may exercise your rights of access, rectification, deletion, and objection by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority. Members of the EU whose data is transferred into the U.S. and Data Privacy Framework HPN complies with the EU-U.S. Data Privacy Framework (the “EU-U.S. DPF”) as set forth by the U.S. Department of Commerce. HPN has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles with regard to the processing of Personal Information received from the European Union in reliance on the EU-U.S. DPF. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit https://www.dataprivacyframework.gov/ Data Privacy Overview The U.S. Department of Commerce and the European Commission have agreed on a set of data protection principles and associated supplemental principles to enable U.S. companies to satisfy European Union (“EU”) law by requiring that Personal Information transferred from the EU to the U.S. be adequately protected (the “EU-U.S Data Privacy Framework (EU-U.S. DPF)”). The European Economic Area (the “EEA”), which as of the date of this Policy includes all member states of the EU plus Iceland, Liechtenstein, and Norway, have recognized the EU-U.S. Data Privacy Framework as providing adequate protection of Personal Information. Should there be any conflict between the EU-U.S. Data Privacy Framework Principles and this Policy, this Policy shall be interpreted to be consistent with the EU-U.S. Data Privacy Framework Principles. Scope This Policy applies to all Personal Information received by HPN in the United States from the EEA either directly from individuals, from its affiliates or from other third party organizations, and in any format whatsoever, including electronic, paper or oral transmission. This Policy also applies to HPN’s Service Providers that process Personal Information received by HPN or its affiliates from the EEA on HPN's behalf. Privacy Principles for Transfer of Personal Information Received from the EEA The privacy principles set forth in this section have been developed based on the EU-U.S. Data Privacy Framework Principles. Notice Where HPN collects Personal Information directly from individuals in the EEA or receives it from its European affiliates, it or its European affiliates will inform those individuals about the purposes for which they collect and use Personal Information about them; the transfer of Personal Information to HPN in the U.S.; the types or identity of third parties to which HPN discloses that information and the purposes for which it does so; and the choices and means HPN offers individuals for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to HPN or as soon as practicable thereafter, and in any event before HPN uses the information for a purpose other than that for which it was originally collected. HPN may, from time to time, process certain Personal Information about customers, business partners, suppliers, vendors, Service Providers, employees and candidates for employment, including information recorded and stored on various types of media, including electronic media. Hoopis Performance Network will process these types of data in conformity with the EU-U.S. Data Privacy Framework Principles and will continue to apply the Principles to Personal Information received under the application of the DPF as long as it holds this data. Purposes for which we may collect and use Personal Information from our customers, consumers and other non-employees include: Communicating to individuals about our products, services and related issues. Evaluating the quality of our products and services. Allowing individuals to register for our Websites and administering and processing these registrations. Transferring Personal Information in connection with HPN’s legal, regulatory compliance and auditing purposes. Facilitating HPN’s internal administrative purposes and application functionality; and maintaining, administering, and complying with HPN’s legal, regulatory compliance and auditing obligations, policies, and procedures. Execution of contracts and delivery of our products and services to customers. We may share Personal Information within HPN’s U.S. Affiliates. HPN may also share Personal Information with its third-party Service Providers for the sole purpose of, and only to the extent needed, to support HPN’s or our customers’ business needs. We may also disclose Personal Information to our Service Providers in the U.S. and other third parties when required to do so under law or by legal process. Third Party Service Providers are required to keep Personal Information received from HPN confidential and may not use it for any purpose other than originally intended. Choice HPN will offer individuals in the EEA the opportunity to choose (by either opt-out or opt-in) if their Personal Information is (a) to be disclosed to a third party that is not acting on HPN’s behalf, or (b) to be used for a purpose materially different from the purpose for which it was originally collected or subsequently authorized by the individual. [insert link to opt in or out] HPN will provide individuals with reasonable, clear and conspicuous and readily available mechanisms to exercise these choices. Accountability for Onward Transfer HPN will transfer Personal Information to Service Providers only for limited and specific purposes. HPN will obtain contractual assurances from its Service Providers that they will safeguard Personal Information in a manner consistent with this Policy and that they will provide at least the same level of protection as is required by the relevant EU-U.S. Data Privacy Framework Principles. HPN recognizes its responsibility and potential liability for onward transfers to Service Providers. Where HPN has knowledge that a Service Provider is using or disclosing Personal Information in a manner contrary to this Policy and/or the level of protection required by the EU-U.S. Data Privacy Framework Principles, HPN will take reasonable steps to prevent, remediate or stop such use or disclosure. If HPN transfers Personal Information to non-agent third parties acting as a Controller, HPN will apply the foregoing Notice and Choice principles and will obtain contractual assurance from these parties that they will provide the same level of protection as is required under the principles, unless derogation for specific situations under European data protection law applies. Access You can review the personal information you provided us and make any desired changes to such information at any time by requesting a copy of the information maintained by HPN about you at info@hoopis.com. Upon request and in accordance with the EU-U.S. Data Privacy Framework Principles, HPN will grant individuals reasonable access to their Personal Information that is held by HPN. In addition, HPN will take reasonable steps to permit individuals to correct, amend, or delete their Personal Information that is demonstrated to be inaccurate, incomplete or processed in violation of the EU-U.S. Data Privacy Framework Principles. In accordance with the EU-U.S. DPF Principles, Hoopis Performance Network may limit or deny access to Personal Information where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy, where the legitimate rights of persons other than the individual would be violated or if necessary to safeguard important countervailing public interests (e.g., national security) or in other limited circumstances (e.g., disclosure would breach a legal or other professional privilege). Data Integrity and Purpose Limitation HPN will use Personal Information only in ways that are compatible with the purposes for which it was originally collected or as subsequently authorized by the individual. HPN will also take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current. HPN will adhere to the EU-U.S. Data Privacy Framework Principles with respect to Personal Information received under its EU-U.S. DPF certification for as long it retains said information. Recourse, Enforcement and Liability HPN utilizes the self-assessment approach to verify its compliance with those sections of its Policy adopted pursuant to the EU-U.S. DPF. HPN periodically verifies that those sections are accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the EU-U.S. Data Privacy Framework Principles. HPN will investigate complaints and disputes regarding use and disclosure of Personal Information in accordance with the EU-U.S. Data Privacy Framework Principles. HPN will also investigate suspected infractions of this Policy. HPN’s participation in the EU-U.S. Data Privacy Framework is subject to investigation and enforcement powers of the Federal Trade Commission (FTC). HPN encourages interested persons with questions or concerns relating to this Policy to contact us using the contact information below. In compliance with the EU-U.S. DPF, HPN commits to resolve DPF-Principles-related complaints about our collection and use of your Personal Information. EU individuals with inquiries or complaints regarding our handling of Personal Information received in reliance on the EU-U.S. DPF should first contact HPN at: Hoopis Performance Network, LLC ATTN: Paul Malave 790 Frontage Rd Suite #300 Northfield, IL 60093 Unites States Email: info@hoopis.com Phone: (847) 716-1800 In compliance with the EU-U.S. DPF, HPN commits to refer unresolved complaints concerning our handling of Personal Information received in reliance on the EU-U.S. DPF to EU data protection authorities or an alternative dispute resolution provider based in the European Union. If you do not receive timely acknowledgment of your DPF-Principles-related complaint from us, or if we have not addressed your DPF-Principles-related complaint to your satisfaction, please visit https://edpb.europa.eu/about-edpb/about-edpb/members_en for more information or to file a complaint. The services of EU data protection authorities are provided at no cost to you. Under certain conditions detailed in the EU-U.S. Data Privacy Framework, you may be able to invoke binding arbitration. If your DFP complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not otherwise resolved by other redress mechanisms. For more information about binding arbitration, visit https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2 [dataprivacyframework.gov]. HPN agrees to periodically review and verify its compliance with the EU-U.S. Data Privacy Framework Principles, and to remedy any issues arising out of failure to comply with the EU-U.S. DPF Principles. HPN acknowledges that its failure to provide an annual self-certification to the U.S. Department of Commerce will remove it from the Department’s list of EU-U.S. DPF participants. Limitations HPN may also be required to disclose, and may disclose, Personal Information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. HPN adherence to the EU-U.S. Data Privacy Framework Principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements, e.g., in the course of lawful requests by public authorities (b) by statute, government regulation, or case law that creates conflicting obligations or explicit authorizations, provided that, in exercising any such authorization, an organization can demonstrate that its non-compliance with the principles is limited to the extent necessary to meet the overriding legitimate interests furthered by such authorization; or (c) if the effect of the Directive or Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts. Data Privacy Framework Changes and Updates to EU-U.S. DPF Policy This Policy may be amended from time to time, consistent with the requirements of the EU-U.S. Data Privacy Framework Principles. Appropriate public notice will be given concerning such amendments. Contact Us Questions or comments regarding this Policy or our practices concerning Personal Information should be submitted to Hoopis Performance Network by mail or e-mail as follows: Hoopis Performance Network, LLC 790 Frontage Rd Suite #300 Northfield, IL 60093 Unites States Email: info@hoopis.com Phone: (847) 716-1800 Changes to this Privacy Policy HPN may update its Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Updates shall be effective on the date the change is posted. If we are going to use or disclose your Personal Information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only after we provide you with at least 30 days’ notice of the amended Privacy Policy. We will post the amended Privacy Policy prominently on our Website so that you can always review what information we gather, how we might use that information and whether we will disclose it to anyone. Please check the HPN Websites at any time for the most current version of our Privacy Policy. In addition: We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "Last updated" date at the bottom of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Effective Date This Policy is effective as of September 01, 2023. Last updated: October 09, 2023.

Trustworthy Selling MultiLine can help your agents proactively pivot to life insurance and financial services conversations in order to serve more of their customers’ financial needs. Multiline Edition Understand how today’s consumers really make financial choices. Engage consumers by aligning to their mindset and preferences. Naturally pivot to life and financial needs by engaging in courageous conversations. Quickly build trust using proven questioning and collaborative discovery skills. Motivate today’s consumers to act on their intentions. Create cross-selling opportunities with communication techniques that deepen relationships. Your Multiline Agents Will: Equip Your Multiline Agents With the Skills and Confidence To Successfully Pivot to the Life Insurance and Financial Services! Most consumers today are looking for trustworthy financial professionals who can help them address all of their insurance and financial needs. Unfortunately, many don’t realize their home and auto agent is a full-service financial representative. Trustworthy Selling MultiLine can help your agents proactively pivot to life insurance and financial services conversations in order to serve more of their customers’ financial needs. The Language of Trust Diagnose Before You Prescribe Language Demo: Building Trust, Rapport & Credibility Leveraging the Power of Silence Storyselling Check out Some of Our Trustworthy Selling MultiLine Content! It united LIMRA consumer research with field-tested language and techniques drawn from HPN’s network of successful new advisors. New skills are mastered through practice, role play, application projects and follow up coaching. Lessons are made memorable through use of real-life case studies. Content is easily incorporated into day-to-day activities with a language reference guide, demonstration videos and other online resources. Why Multiline Edition Works: Schedule a Demonstration Contact Us Multiline Product Sheet Download Download Now Multiline Edition

BenchBuilders six key responsibilities of field sales managers: recruiting and selecting, training, performance management, target market planning, business management and, team development. Giving Advisors an Opportunity to “Test Drive” a Career in Leadership READ – Each module has a “chapter” the candidate is required to read. DO – Each chapter contains instructions for the projects associated with that module. DISCUSS – Manager meets with candidate to review and discuss completed project. Pragmatic & Interactive, Not Academic or Passive BenchBuilder – the Six Key Responsibilities BenchBuilder activities align with the six key responsibilities of field sales managers: Recruiting and selecting – Identifying, attracting, and selecting qualified individuals for opportunities within the organization. Training – Instilling basic skills in new recruits and providing continued development of all team members. Performance management – Helping sales reps set and work toward goals, assessing their progress, and providing feedback to develop high-performance sales teams. Target market planning and development – Providing sales reps with the guidance to analyze and select appropriate target markets in which to expand their business Business management – Managing finances and running a sales office in a financially efficient manner. Team development – Setting sales office goals and direction and taking the steps necessary to accomplish those goals. Self-assessment Investing in Your Future (Module) Identifying Potential Candidates Recruiting Through Personal Contact Recruiting Sales Talent (Module) Approaching Nominators Developing Your Network of Nominators Expanding Your Reach with Nominators (Module) The Selection Process in Action Using Market Opinion Surveys as a Selection Tool The Selection Process (Module) Using PESOS to Plan Training Conducting a One-on-One Skill Building Session Training for Improved Performance (Module) Developing a Performance Management Program Managing Performance (Module) Personal Market Analysis Measuring Market Potential Developing a Target Marketing Strategy Target Market Planning and Development (Module) Values-Based Motivation Achieving Sales Leadership (Module) Self-Analysis of Sales and Sales Leadership Skills Relationships Between Personal Goals and a Sales Leadership Career Making the Career Decision: Sales or Sales Leadership (Module) Activities & Projects By Module Questions on BenchBuilder? Give Us a Call or Send Us an Email! Contact Us Structures a readiness track for developing managers. Online Business System (Feature) Prepares candidates for the challenges of today’s sales managers. Contemporary Content (Feature) Enables each management candidate to experience the most appropriate aspects of the opportunity at the most appropriate time. Individualized Tracks (Feature) Keeps sponsoring manager and candidate informed of progress helps organizations track talent management at the field level. Centralized Platform (Feature) Provides for a consistent, continuous, end-to-end management development process. Easy integration with LIMRA & HPN (Feature) BenchBuilder Features & Benefits Giving Advisors an Opportunity to “Test Drive” a Career in Leadership

HPN digital content and learning solutions are designed to fit your organization’s unique needs. Our content solutions are scalable, customizable and designed to increase advisor productivity and retention. Digital Learning Solutions for Advisor Development Gain Trial Access and Experience Our Digital Content Today! Trial Access Sales Skills Prospecting Telephoning Factfinding Closing Sales Psychology Handling Objections Virtual Selling Generational Buying Differences Practice Management Goal Setting Time Management Activity Management Client Building Team Selling Staff Development Digital Practice Operational Best Practices Marketing Networking Social Media Marketing Target Marketing Cross-Selling Center of Influence Development Understanding Life Events Giving Presentations Product Knowledge Life Insurance Annuities Disability Insurance Understanding IRAs Qualified Retirement Plans Long Term Care Insurance Critical Illness Insurance Multiline Solutions Planning Concepts Saving & Investing Retirement Planning College Planning Business Planning Estate Planning Life Event Planning Overview of Social Security Understanding Medicare Motivation & Inspiration The Power of Purpose Mental Toughness Overcoming Rejection and Adversity Real Impact Stories Power of Risk Management Planning Check Out Just Some of the Topics Within Our Content Library Looking to get new advisors off to a fast start or reignite experienced advisors to get to the next level? Either way, our digital content and learning solutions are designed to fit your organization’s unique needs. Our content solutions are scalable, customizable and designed to increase advisor productivity and retention. Interested in a FREE “Test Drive” of Our Content? Test Drive eLearning Knowledge Checks and Action Items for Performance Improvement Ability to Easily Enroll Learners in Courses and Learning Paths Reporting and Analytics for Greater Accountability Around Learning On Demand Classroom Training Modules (virtual and in person) Coaching Resources Including Guides, Assessments and Tutorial Videos Skill Assessment to Identify Strengths and Areas of Development Additional Advisor Development Tools and Resources In addition to our digital content, we also provide turnkey training and coaching tools for managers including: How to Conduct an Annual Policy Review History and Numbers Behind Social Security Choices for Medicare Coverage Understanding Social Security and FICA Tax How to Find Networking Opportunities The Financial Services Education Network content library provides the Science through hundreds of micro-learning modules focused on education and knowledge. Eszylfie Taylor – Personal Observation Strategies for Better Prospecting Tom Hegna – Don’t Worry, Retire Happy: 7 Steps to Retirement Security Sabine Robinson – Understanding the Art & Science of High Activity David Resseguie – 3 Powerful Tips for Building Better Phoning Habits Ellen Rogen – Leveraging Presentation Skills to Move Clients to Action The HPN University content library provides the Art by focusing on the skills, best practices and execution methods of the top experts and practitioners in financial services. Check Out Some of Our Sample Videos! We’ve combined the two most powerful digital content libraries in the world, equipping you and your advisors with the Art and Science of learning and development. Digital Learning Solutions for Advisor Development

Next Item Previous Item Go back to White Papers List Do you plan to get married soon? The time to begin talking about the financial partnership you’ll be forming together once you’re married is before the nuptials. When you build a strong foundation of financial partnership at the beginning of your relationship, it will prevent many costly and stressful situations later. Nearly half of Americans (48 percent) who are marriedor living with a partner say they argue with the person over money, according to a survey of more than 1,000 people by The Cashlorette, which is owned by personal finance site Bankrate.com. Most of those fights are about spending habits, with 60 percent saying that one person spends too much or is too cheap. The remaining fights are pretty evenly split between someone being dishonest about money, how to divide the bills, and other types of money fights, from disagreements over forgetting to pay a bill to a couple’s financial priorities in life. Those disagreements often lead to divorce. Data released in January 2018 by financial firm TD Ameritrade found that 41 percent of divorced Gen Xers and 29 percent of Boomers say they ended their marriage due to disagreements about money. These money-related problems often begin early on. In fact, arguing about money early in your relationship might be the No. 1 predictor of whether or not you’ll end up divorced, according to a study of more than 4,500 couples published in the journal Family Relationships. These Discussions Are Uncomfortable—But Have Them Anyway To avoid this tragedy, you and your partner must talk openly and honestly with each other about your financial hopes and dreams, your spending habits, and your attitudes toward debt. Some of these discussions might be uncomfortable, and you might not agree on every issue. But it’s necessary to talk about these topics anyway. Here are just some of the subjects you should discuss before you get married: What assets will you each bring to the marriage? If you both own a home, where will you live, and what will be done with the second home? What debts will each of you bring to the marriage? How will those debts be paid? Do you consider yourself a saver, a spender or something in-between? What is your credit rating? What is your income? Do you save on a regular basis? How? Do you invest on a regular basis? How? How will you make saving and investment decisions once you’re married? What are your financial goals, both short- and long-term? How do you both feel about providing financial help to other family members, such as aging parents or children from a previous relationship? How will you manage your money once you’re married? In separate or joint accounts? If joint accounts, who will be responsible for managing the balance and paying household expenses? If separate accounts, how will household expenses be allocated and paid? If only one of you works outside the home, who will control the money in your relationship? If you plan to have children, what are your financial expectations with regard to raising children? Do either of you need to keep a portion of your finances separate? If so, can you both agree to that? Paying for the Wedding While there are regional variations, according to The Knot’s 2017 Real Weddings Study, the average wedding in the United States today costs $33,391. And that doesn’t include the cost of the rings or the honeymoon! That’s a lot of money to spend on a celebration that lasts a few hours or less, particularly when you consider that some of that money could be used for a down payment on a house or to eliminate existing debt. You can spend less and still have a beautiful, memorable wedding celebration. The way you and your partner work together to plan your special day will give you a glimpse into how well you communicate about financial decisions. Here are some ways to plan your wedding as a team—and reduce the expenses. Create a wedding budget together. Without one, costs can quickly spiral out of control. Where shouldn’t you skimp? To answer that question, consider what will last long after your wedding day. You’ll be wearing your wedding rings for the rest of your married life, so get something you like. You’ll be sharing photos and videos of your wedding for years to come, so hire a professional photographer and videographer. Get a wedding gown and tuxedo you and your partner like, but consider renting them. Or check outlet stores and search websites for the bridal gown of your dreams at a bargain price. You might be able to save considerably by having an “off-season” wedding (November through April) and/or by being married on a day other than a Saturday. Check out simpler wedding invitations to save on printing costs. Or print them yourself using the high-quality paper available online and in stores. Limit the size of the wedding party (the number of attendants). The reception is typically the largest wedding expense, by far. Here are some tips on how to save considerably while still having a memorable reception: Reduce the number of guests. Consider paring the list down to just the people you really want to be with you on this important day in your lives. Instead of a sit-down dinner, have a buffet or hors d’oeuvres. Use flowers that are in season at the time of your wedding. Use more greens and fewer blooms in the arrangements. Concentrate floral arrangements at the reception, not the church. Consider having an alcohol-free reception, or close the bar while food is being served. Reduce the cake cost. Get a small version of your “dream” cake, plus a much less expensive sheet cake in the same flavor. The sheet cake can be cut out of the sight of your guests, and they’ll never know the difference. Deciding Whether You Need a Prenuptial Agreement If you’re both young, have not accumulated substantial assets, and are not in line to receive a substantial inheritance, you probably don’t need a prenuptial agreement. The laws of the state where you reside establish how property is to be divided in the event of divorce, and that might be sufficient for your situation. On the other hand, if any of the following conditions exist, you might want to consider entering into a prenuptial agreement before you are married: One or both of you has substantial assets accumulated prior to the marriage. One or both of you is the beneficiary of a trust fund. One or both of you is expected to receive a substantial inheritance. One or both of you has children from a previous marriage. One or both of you owns a business. Prenuptial agreements can be used to prearrange the division of assets and the custody of children in the event of a future divorce, as well as to protect an inheritance. Take the following steps if you are considering a prenuptial agreement: Jointly decide on exactly what the agreement will cover. Consult with an attorney who is knowledgeable about family law. You and your partner might want to hire separate attorneys. Include a time frame for future reviews and modifications of the agreement. Sign a prenuptial agreement only if you believe it is fair and equitable. Tips for Preventing Financial Disagreements One secret of a successful marriage is to try to eliminate any trouble spots before they occur. Here are some suggestions for squelching the money troubles that many newlyweds experience: Develop a post-wedding money plan together— Your budget should be a realistic plan of how to pay your living expenses and make progress toward your savings goals. Don’t make your budget so rigid that it doesn’t allow for some discretionary spending. As part of developing your budget, decide how living expenses will be paid (joint or separate checking accounts?) and who will be responsible for tracking your monthly expenses and progress toward meeting your savings goals. Establish an emergency fund— The general recommendation is to establish an emergency fund equal to a minimum of three to six months of living expenses that will provide a financial cushion against an unexpected job loss, illness, accident, vehicle repair, home repair or some other financial emergency. Keep your emergency fund in a safe, liquid account, such as a savings account or money-market fund. 3. Pay off debts as quickly as possible—And resist the temptation to overuse credit (in fact, commit to paying credit-card balances in full and on time each month). Spending beyond your means can leave you in debt, adding unnecessary pressure to your marriage. Create a financial safety net— Review insurance coverage, including medical and dental, property & casualty, disability, and life insurance. See if you can save some money by combining your auto insurance policies as well as your banking accounts. If you’re both employed, review your respective employee benefit plans to see where you can save money. The medical and dental benefits from one of your employers might provide better coverage for both of you at a lower overall cost. Set your financial goals together— Decide what your short-, intermediate- and long-term financial goals are. Determine how you are going to save toward those goals and how you will save or invest the money. Consider setting up automatic savings, with a set amount transferred each month from your checking account into savings or investments. Take full advantage of opportunities to save at work, such as through a 401(k) plan. After the wedding, you might need to change beneficiary designations on employerprovided benefits. Commit to ongoing money conversations— Periodically schedule uninterrupted time together to review your finances. Discuss what is working for you, what is not working, and what changes you will make in your financial life together. Handling the Legal Aspects of Your Finances Unfortunately, bad things do happen…you owe it to each other to develop a plan that protects both of you from life’s misfortunes. Many aspects of financial planning are impacted by state law. You might need the assistance of an attorney, accountant and/or financial services representative to assist you with the following important tasks for both of you: Modifying your will as appropriate— Assuming you already have a will, you’ll need to update it to reflect your marriage. If you don’t have a will, get one! Without a will, the state where you reside will decide for you how your property is distributed at your death. Establishing a living will— This document states your preferences regarding the type of medical care you want to receive (or don’t want to receive) if you are incapacitated and cannot communicate. You will specify the treatment you want to receive or not receive in various scenarios. Establishing a medical power of attorney— Also known as a durable power of attorney for health care or a health care proxy, this document names another person, such as your spouse, to make medical decisions for you if you are no longer able to make medical decisions for yourself or if you are unable to communicate your preferences. (Note: A medical power of attorney is not the same as a power of attorney, which gives another person the authority to act on your behalf on matters you specify, such as handling your financial affairs.) Getting Sufficient Coverage in Place Adequate insurance coverage protects dependents, income and assets from financial loss. Appropriate insurance coverage depends on your personal and family situation, as well as your financial needs and objectives. Here is a general overview of various types of insurance: Property and casualty insurance indemnifies losses to homes and cars, and it provides liability protection. Life insurance protects dependents from loss of income in the event of an income earner’s death. If you already have life insurance, review your beneficiary designations and make the appropriate changes. Disability income insurance replaces income that’s lost in the event of accident or illness. It might be available through your employer. Health insurance helps cover the costs of medical care. If you’re both employed, coordinate health insurance benefits between your two employers. Long-term care insurance helps pay the costs of extended nursing home or assisted-living care. Periodically review your insurance program, making adjustments as needed. Should the Bride Take Her Husband’s Last Name? Traditionally, it was common for a woman to take her husband’s last name at marriage. But today, an increasing number of women are keeping their maiden name or incorporating both their maiden and married names into a hyphenated last name. Here are some general guidelines to keep in mind on this topic: If the wife takes the husband’s last name or uses a hyphenated last name, she should sign her new married name on the marriage certificate and on all future legal documents and joint tax returns. It will also be necessary to complete a name change on a wide variety of documents and accounts. If the wife keeps her maiden name, she should sign her maiden name on the marriage certificate and on all future legal documents and joint tax returns. If the two of you file a joint tax return, the IRS might require that you submit proof of your marriage. It’s also a good idea to find out if your state has any special requirements when a wife keeps her maiden name. Note: It’s generally not a good idea for a wife to use her maiden name and her husband’s last name interchangeably on legal documents. This can lead to confusion and complications. It’s no small task to change your name and/or address…in fact, you might want to start gathering the needed information and forms before the wedding. Although you can begin processing address changes prior to your wedding, you’ll need to process your name change as soon as possible after your wedding. A general recommendation is to change your name with the Social Security Administration first because many employers and financial institutions require that the name on their records is consistent with Social Security records. The following is a list of records for which you will need to update your name and address: Government: Social Security Administration documents (www.ssa.gov ) Post office address (change online at www.usps.com ) Driver’s license Vehicle registration Voter registration Passport IRS documents (use IRS Form 8822) Department of Veterans Affairs documents (forms available online at www.va.gov ) Child-support payments Employment: Current employer Previous employers (as needed for future benefits, such as pensions, deferred compensation, etc) Business associates Financial Institutions: Banks (checking/savings accounts, CDs, safety-deposit box) Lenders (auto, mortgage, student loan) Credit-card companies Insurance companies (life, health, auto, home, disability) Investment/brokerage accounts Utilities/Services: Water and sewer service Electricity Gas Telephone/cell phone Garbage collection Cable or satellite service Internet service Service Providers: Attorney Accountant Insurance agent Financial advisor Doctor Dentist Veterinarian Pet-care service Daycare/babysitters Cleaning service Yard-care service Subscriptions and Memberships: Magazines Newspapers Book/music/movie clubs Churches Civic/community organizations Professional licensing/ certification boards Health, social, and country clubs Legal: Wills Trusts Property titles Education: Your schools Your children’s schools Many newly married couples start off on the right foot by creating a financial plan, paying off debt, and talking about financial goals, but some will let continued discussions fall to the wayside. It’s easy to do, especially if one person is paying the bills and tracking expenses. Yet, it’s the continued communication about finances which protects your marriage from the common pitfall of fighting about money. Agree to a special date night once per month when you review your monthly budget and progress towards your goals. It keeps both of you engaged in your future and gives you an opportunity to talk about what’s working and what things you might want to change. The more you plan ahead—for your wedding and for the rest of your life as a couple—the more likely you are to be able to live in harmony, avoid disagreements about money and live happily ever after, throughout your most rewarding milestones and into retirement. Live “Happily Ever After” with a Strong Financial Foundation

Next Item Previous Item Go back to White Papers List How often do you do things you don’t need to do so you can avoid doing something you are supposed to be doing? We all put off things sometimes, both in our personal and business lives, so there is room for all of us to become more productive. Why We Put Things Off Procrastination is the gap between what we know we should be doing and our actions. When it comes to self-sabotage, procrastination is king. We know what we need to do, but for whatever reason, we put it off. The bigger the gap, the bigger the issue. There are three basic reasons we procrastinate: We don’t like to do the task that needs to be done, or doing it will upset us somehow. This is the most common reason we procrastinate. In life, especially in business, we regularly face tasks we would prefer not to do. But to succeed, we must not only do them; we must make a habit of them. For example, cold calling, asking for referrals and taking educational courses are just a few of the common tasks that are fundamental parts of our jobs but are not on our “can’t wait to do” list. These challenging functions make us feel uncomfortable. The truth is, we just do not want to feel negative emotions — it’s about feeling good now. Often, we simply give in to feeling good by putting off these tasks. These delays sabotage both our short-term and long-term goals. We make our daily goals or tasks vague or weak. We know we really don’t want to make those calls or complete that training, so we make those tasks vague, without a deadline. We say, “I’ll get to that later this week.” It’s impossible to control behavior against such a poorly defined standard. We are easily distracted, and some of us are highly impulsive. We catch ourselves often saying things like, “It will take me only a minute to check my email” or “I’ll just update my Facebook page quickly.” Or maybe we just got a LinkedIn request, so we log in to find out who sent us a connection request. Then all of a sudden, we say, “Oops! Where did my day go?”In today’s hyper-connected world, our digital distractions can provide the perfect excuse for procrastination. But the things we really need to be doing won’t disappear, and putting them off just causes us more to feel more stress and a lack of accomplishment. A task is either too easy or too challenging. The problem with a task being too easy is that we quickly get bored, so we find little motivation in it, and there is little to hold our attention to the task at hand. To keep yourself engaged with tedious tasks, use frequent mini-rewards to keep your focus from one small chunk of time to the next, such as every 30 minutes. Now, don’t do anything big; the reward can be as simple as eating a snack, getting up for a cup of coffee or a soda or taking a brief walk.If the task is difficult, we seem to procrastinate even more. The reasons we do this vary greatly. Maybe we simply lack the confidence — we’re nervous or even scared. So we keep putting a task off, finding anything to keep us busy other than the task that needs to be completed. Finally, because time is normally running out, we force ourselves to do it. And because we are now short on time, we normally do not achieve the level of success that we would have or could have. We lack motivation. Finally, too often procrastinators say, “I lack motivation.” The word “motivation” is a vague term that lacks action. We need to think of what our motive is. In other words, what is your reason for doing a task? Every task we complete should play an important role in accomplishing our ultimate goals. If you have no good short-term or long-term reason for accomplishing a task, eliminate it from your to-do list. Tips for Overcoming Procrastination With today’s world competing for our attention, it’s more important than ever to prioritize where and how we spend our time. This is true whether you’re a financial advisor or a sales leader. We must understand that self-deception is the handmaiden of procrastination. When we don’t feel like completing a task now, we will often deceive ourselves — or try to — by saying, “I’ll feel more like doing this tomorrow.” Or maybe we just won’t remove distractions that we know undermine our work. Too often, we tell ourselves little white lies as we wait to become inspired and take action. However, deep down, we know these are just excuses. To end the self-sabotaging act of procrastination, it’s essential to stop all these self-deceptions. How can you do this? Let’s look at a few simple tips for fighting off procrastination to become more productive. Simply get started. This is the most effective solution. If your action plans call for you to do a task, don’t think about; just start doing it. Put a sign on your desk that reads, “Am I procrastinating?” The quicker you recognize it, the faster you can move on to the task at hand. A task begun is a task half done. Don’t think too far ahead — take baby steps. Research indicates that establishing a low threshold to task engagement will fuel your motivation and change your perception of the task. Quickly you will discover that it was not as bad as you thought. Recognize and acknowledge your delay tactic, and move on. Look carefully at your progress on your daily task sheet. Are you choosing what you like to do over what you don’t? If so, recognize and acknowledge it. Don’t get upset with yourself; just acknowledge it and move on. You may want to say to yourself, “Time to move on.” This catch phrase simply allows you to acknowledge that you are procrastinating, and you are getting back on track. Set deadlines. Deadlines allow you to have enough time to accomplish your task thoroughly. They let you know when you need to have it completed, which will tell you when you need to start it. That will enable you to be more productive and focused. Evaluate these difficult tasks, and break them down into a step-by-step routine or process. Also, break your day up by adding a couple of easy tasks as relief from the more difficult work. These are deadlines that you impose on yourself, so don’t freak out — it is a commitment to yourself. Decide when you will begin the task and when you will have it completed. And when it is time to start, start! Don’t think about it. Dig in and begin. Having self-accountability is great; however, if you don’t feel like you can hold yourself accountable, then get someone else to establish deadlines for you and check in with you to see how you’re progressing. This is a common challenge for advisors, especially those who are just starting out. If you’re an advisor, then get your manager or a mentor to work with you. If you’re a sales leader, ask another manager or colleague to hold you accountable. And you can do the same for him or her. By promising to complete certain tasks by a certain day or time, you will begin to form the habit of delivering on commitments. Know how long each task takes. We must become aware of exactly how long each specific task takes to complete, rather than just guessing. Take control of your time. To do this, you must learn what really takes 15 minutes, what takes 30 minutes and what takes an hour. By improving your estimate of how long a task will take, you can get better control of your time and achieve a sense of accomplishment by checking each task off your list. Know what you do while you’re procrastinating. We all have our special distractions to fill in the time. To overcome these, we must first identify what they are. What distracts you? Are you filling your time meant for other things by browsing social media or getting lost in the maze of the Internet? These digital distractions are powerful temptations. We all find it too easy to click on a social media icon when a task is too boring, difficult or uncomfortable to do. Begin to make notes about exactly where your time goes. This will enable you to consciously build your resistance to these distractors. Create a detailed daily action plan — a list of tasks you will accomplish each day. Assign specific time periods during the day for each task — for example, calling people to set appointments from 8:30 to 10:30, following up with people from 10:30 to 11:15 and taking an online course from 4 to 5:30. Reasons We Want to Complete Important Tasks Wouldn’t you agree that there are only two basic reasons for doing anything? We take an action because it is inherently pleasurable. In this case, we most likely won’t need any other motivation. We want a positive outcome that will result from completing a task. This could be short- or longterm in nature. A simple example might be to obtain enough referrals and networking leads each week. A short-term benefit is that you can avoid having to ever make cold calls again and thus spend less time on the phone and more time in front of potential clients. A long-term goal is to build a successful practice on client or network-based referrals, which will replenish itself based on its very nature. Those are both compelling reasons to get started on a task and complete it. If you are a sales leader, being in control of your time and digging in to complete even the most dreaded tasks will set a good example for your advisors. If you’re an advisor, learning how to conquer procrastination can help you build a more successful practice. Everyone can overcome procrastination. So don’t procrastinate! Start putting these tips to work today. Stop Procrastinating

Next Item Previous Item Go back to White Papers List With the constant growth in the power of tablets and phones, there has been a constant shift in the preference from traditional websites to gadget applications. Apps: Convenience on Steroids According to research, mobile users spend some 86 percent of the time on their smartphones or tablets, accessing their mobile apps. The apps are not only used as a source of daily information; they also form a platform for the interaction between companies and their field force and consumers. Some 68 percent of users employ apps this way. Companies use apps both inside and outside their organizations. Venturing into mobile app development depends on the company and industry. In many cases, mobile websites alone will not match the opportunities that mobile apps offer by increasing their outreach to their staff, field force, customers and the public at large. For financial services companies, a mobile website is not enough. Use of mobile websites alone will minimize a company’s optimal engagement levels, which in turn can reduce its productivity. To provide such services and products effectively, and stay ahead of the competition, you need an enterprise mobile app. Websites are losing more and more ground to mobile apps. Consumers have grown accustomed — or perhaps addicted — to using their devices for shopping and other activities. The constant pop-up ads that appear on websites are pushing customers to download mobile applications. On the company and firm side, professionals increasingly consider technological gadgets as extensions of their offices. They offer customers constant communication and access, inside or outside the office, at any time of the day or night. Consider it convenience on steroids. How Mobile Apps Improve Productivity One of the most significant benefits of apps vs. websites is improved productivity. The only way an organization can increase its profitability is by increasing productivity, reducing costs and minimizing waste. These outcomes are possible only when there is efficient communication within the organization so that everyone is focused on achieving specific goals. Here are some ways that apps can make that happen. Enhanced communication — Mobile apps make communication with financial professionals easier, quicker and smoother. Also, training and access to organizational resources are faster and more efficient than ever. According to one study, productivity in organizations that use mobile apps will increase by 20 to 40 percent. Apps also enable the organization to record, produce and use its data easily. Increased employee productivity — According to Fliplet, a study of more than 200 American federal workers in 2013 found that, when given access to mobile tools and portals, each employee will gain an extra 364 hours of productive time per year. Not only that, but they also report feeling more efficient and engaged. And, according to a study by Accenture, the overwhelming majority of executives agreed that mobile apps had made a significant impact on their businesses. In fact, 82 percent said that mobile apps are an integral part of their organizations, and 81 percent believe mobile apps will be the key to unlocking vital data from across their businesses. More efficient dissemination of information — Enterprise applications create a link between the company and the external world. Information such as changes in business operations is sent to individual customers and professional financial apps through push alerts. This faster, more efficient dissemination of the information and services a company offers outdoes what traditional websites can offer. Financial services customers like to keep in constant touch with their company to monitor their finances and weigh developments that might affect them. Customers need an easily accessible record to review their financial status so they can make decisions. And financial professionals will enjoy the opportunity to review their pending case requirements, case status, product updates, interest rates and compliance. They will also enjoy quick and easy access to notices and bulletins. Access to information, even when offline — With mobile apps, everyone can access their information both online and offline. With traditional websites, information can be used only when the desktop or laptop is accessing an Internet connection. But with apps, data and updates are locally stored within the app on the device until the device is reconnected to the Internet for further updates. People save a lot of time by using mobile apps because they can carry out their tasks from any location, even when they are offline. Increased revenue — Finally, mobile apps increase opportunities for a company to gain more revenue — sourced from services that are app-enabled and tailored to the company. For example, financial services companies are allowing mobile money transfer through their apps. This technique can yield an increase in organizational revenue because you can charge for such a money transfer. Most service industries are now implementing the use of mobile apps. Their time has come. And it’s time for all financial services companies and firms to get on board as well. After all, profitability and ultimate success largely depend on the constant and effective interaction with our field force and customers alike. And right now, with regard to interaction, mobile apps are about as good as it gets. Hoopis Performance Network Can Develop Your Customized Educational App Today, how financial professionals can access their training and educational resources is just as important as the material itself. HPN can provide your firm’s customized, branded virtual training via both website and mobile application delivery, providing your team with 24/7 access via any computer, smartphone, or tablet. Repetition is the mother of all learning, and now with HPN’s customized mobile app, it’s easy for everyone to get the answers they seek with only a few clicks from their fingertips. How Mobile Apps Improve Productivity

Next Item Previous Item Go back to White Papers List As you spend decades in the workforce, you dream about retirement. As it gets closer, you think about how to bring your dream to life. Each person’s idea of retirement differs based on their goals, desire or need to continue working, as well as other considerations. Regardless of your idea of retirement, you need to consider some specific things and take preliminary steps to get ready for retirement. Financial and life goals, as well as feelings about working and planning for healthcare needs are some of the most crucial factors to evaluate when you are getting ready for retirement. Getting Ready for Retirement As you spend decades in the workforce, you dream about retirement. As it gets closer, you think about how to bring your dream to life. Each person’s idea of retirement differs based on their goals, desire or need to continue working, as well as other considerations. Regardless of your idea of retirement, you need to consider some specific things and take preliminary steps to get ready for retirement. Financial and life goals, as well as feelings about working and planning for healthcare needs are some of the most crucial factors to evaluate when you are getting ready for retirement. What Are Your Retirement Goals? Everyone thinks about how they would like to spend their days during retirement. You might want to travel, attend classes for things that interest you, volunteer for organizations and causes you are passionate about, and/or participate in other hobbies. You also need to consider the location where you want to live and type of housing you want in retirement. If you’ve spent decades maintaining a house and yard and paying down or even paying off a home mortgage, you might not want that responsibility anymore. Maybe you want to downsize and buy a condo or townhome, maybe you want to be in a retirement community, or maybe you want to buy an RV and travel around the country. In any case, as you are getting ready for retirement, many of your choices will hinge how and where you want to live. To Work or Not to Work Those who have spent their life punching a time clock, working long hours, or running their own business often fantasize about having all the time in the world during retirement. Yet, leaving the workforce can be a traumatic experience for some. You might not be emotionally ready to retire, and that is perfectly okay. Each person is different; and, unless you are a commercial pilot or have another profession with a mandatory retirement age, you don’t have to call it quits until you feel ready. Financial needs might dictate if, or how much you need to work during retirement. For others, too much time on their hands results in boredom and sometimes, even depression. When you are planning your retirement, you need to evaluate if you want and need to work, and how much time per week or how much income you need or want to make. Living the Good Life by Eliminating Debt When you near retirement, you might choose to work, but it’s ideal if you aren’t forced to. Eliminating your debt prior to retirement will help reduce your monthly income need. Start with any credit card debt, outstanding loans for cars, boats, and other toys, and any other money you owe. If you still owe money on real estate, you should work on paying down or paying off any mortgages on your primary residence and any vacation properties you own. You will still have monthly expenses such as utilities and insurance premiums, but you can live a higher quality of life when you aren’t paying debt once you choose to quit working. Determine a Preliminary Monthly Budget Once you have an idea of your retirement goals, where you want to live, and whether you want to work, you need to determine how much your monthly expenses will be and how much income you need to support them when you retire. These numbers won’t be exact but having some idea will help you make decisions about housing and the extent to which you need to work. Calculating a preliminary monthly budget requires examining your retirement income streams, which can include: Pension benefit Social Security benefits Traditional IRA accounts, Roth IRAs, and SEPs One or more of several types of annuities Your monthly income amount from all of these sources can vary based on the age you choose to retire. In fact, if you choose to take withdrawals from some retirement accounts prior to age 59 1/2, you might face a 10 percent penalty on top of regular income tax. Similarly, each year you wait beyond your Full Retirement Age, up to age 70 to collect Social Security benefits, your monthly benefits will increase by eight percent. No additional benefits exist to start collecting Social Security benefits beyond age 70. Aside from evaluating your monthly income and expenses, you also need to consider any family obligations you might have. Do you have adult children with special needs or other dependents for which you need to provide? Will you continue any support you provide after retirement? Do you want to help grandchildren pay for college? Plan for Healthcare Once you reach age 65, you are eligible for Medicare. You have the option to choose Original Medicare or Medicare Advantage, as well as the Prescription Drug Plan. While some Medicare options cost less than others, you still need to plan for premiums, deductibles, co-payments, and services not covered by your plan. If you plan to retire before age 65, you will need to determine how you plan on covering health care costs until Medicare kicks in. Other healthcare things you need to plan for include vision and dental services not covered by Medicare, as well as long-term care. Medicare only pays for medically necessary nursing home expenses, and you have to meet a very strict criteria to be approved. There are a number of long-term care insurance plans which exist to help provide a host of services that aren’t covered by regular health insurance. This coverage is designed to include assistance with your routine daily activities, like bathing, dressing or getting in and out of bed. A long-term care insurance policy helps cover the costs of those routine daily activities when you have a chronic medical condition, a disability or a disorder such as Alzheimer’s disease. Most long-term care policies will reimburse you for care given in a variety of locations, such as : Your home. A nursing home. An assisted living facility. An adult day care center. Using your personal savings and investments, as well as home equity also could provide a solution for long-term care expenses. Planning for long-term are expenses is especially important when someone loses a spouse or doesn’t have anyone to help with daily care. Contact Hoopis Performance Network to Learn More About Planning for Retirement HPN provides knowledge and skills training for management, producers, and staff in the financial services industry. We aim to help you grow your business by putting exceptional resources at your fingertips to help your clients increase their financial literacy and plan for their retirement. Contact us today for your training and education needs and to learn more about how you can help and encourage your clients to take the steps they need for a rich and fulfilling retirement. Getting Ready for Retirement

Next Item Previous Item Go back to White Papers List Although it’s important to measure the effectiveness of training, many organizations don’t take the initiative to see whether they have brought any positive impact to the organization. According to a study carried out by the Association for Talent Development, or ATD (formerly the American Society of Training & Development, or ASTD), only 3 percent of respondents measure the impact of the training on their businesses. Whether you use classroom training, e-learning or a combination of both, measuring results will enable you to determine how effective the training was. A Four-Level Training Evaluation Model Here are five methods to measure the results of any training. The first four levels were developed by Donald Kirkpatrick, Professor Emeritus at the University of Wisconsin and past president of ATD (formerly ASTD). He first published his Four-Level Training Evaluation Model in 1959, in the US Training and Development Journal. He updated the model in 1975 and again in 1994, when he published his best-known work, Evaluating Training Programs. Level 1: Reaction Through an analysis of participants’ reactions to the training, you can determine the level of satisfaction they derived and the relevance of the materials used. In this level, the focus is not on learning but on the degree of learners’ satisfaction and their extent of appreciation for a given training session. Some surveys that assess learners’ feelings show that the choice of an e-learning training program was driven by flexibility and convenience. For this reason, e-learning can be a very effective method of training, especially for people who travel a lot and have no time for classroom training. Research and analysis also have shown that many online learners get effective support from their instructors. This makes the whole process enjoyable and fruitful. Level 2: Learning Learning involves the provision of techniques, facts and principles that are key to providing information to trainees. In measuring learning, the focus is on establishing the degree of skills, attitudes and knowledge trainees have received during a training session. Unlike in reaction surveys, assessing the degree of a participant’s knowledge requires rigorous procedures. Some organizations measure learning in this stage, while others use pre-tests and post-tests to evaluate and track trainees’ results from a training session. Evaluating learning through pre-tests and post-tests has proved a suitable method to gauge the level of learning participants have achieved from any training session. For example, a study carried out by California State University, Northridge, showed that participants who underwent e-learning performed 20 percent better than traditional learners. Another study discovered that e-learners scored higher grades than traditional learners. Level 3: Behavior The behavior of any e-learning participant will likely improve. But it is always impossible to predict how any trainee is going to transfer the knowledge gained during the training session to the actual workplace. Most e-learning training focuses on changing on-the-job behavior, even though at times it is hard to measure such change using test scores or analyzing trainees’ feelings. However, there is some level of connection between hoped-for consequences and behavioral change. The challenges that affect an organization’s measure of the effectiveness of a certain training session have led to the need for organizations to measure their results as opposed to evaluating trainees through pre-tests and post-tests. Such preference can be attributed to the fact that all business results have a significant effect on the level of clients’ or customers’ satisfaction. Thus, business results that do not have any effect on clients are considered bad, while those that increase the level of customer satisfaction are considered good. Level 4: Results In level 4, the focus is on evaluating efforts and processes. Performance results are important because they act as pointers to the level of client satisfaction. Training generally aims to achieve a lower rate of employee turnover, decreased absenteeism, increased productivity, higher quality and reduced costs. Despite having such goals, addressing the complexity of the evaluation process remains a challenge for most organizations. Some organizations measure the efficacy of e-learning results by analyzing the volume of sales. An Important Quantitative Measure A fifth way to measure your training program, not included in Kirkpatrick’s list, is quantitative — assess the return on investment. Compare the cost of the training with returns from sales to evaluate the monetary value your organization gains — after carrying out the training. Using these qualitative and quantitative measures of your training program’s value will guide your decisions about future training and its delivery method. Measuring training results will keep you from wasting time, money and effort on training that isn’t moving your company or firm forward. Finally, LIMRA reports that millennials and women recruits use organizations’ technology capabilities and their education and learning resources to help determine which firm to join and remain with. E-learning not only can provide the flexibility they seek for a balanced lifestyle; it also can deliver quick and easily available content on any specific topic on demand, when the need arises. An Effective Training Platform for Managers and Advisors An effective resource for training financial advisors is Hoopis Performance Network, which features online, on demand, total video-based training built on four Disciplines of Success with access to more than 400 sessions. The coursework can be either self-study or facilitator-led, and it complements any firm, agency or company training programs and marketing selling systems. Your advisors can access the video training anytime, anywhere, on their computers, smartphones or tablets. It’s a cost-effective, time efficient way to increase productivity, thus retention. An effective resource for training new or experienced sales leaders is HPN, an innovative virtual platform designed for financial leaders who are building a region, an agency or firm, a sales unit or a sales team. You can get access to hundreds of high-impact sessions for all levels of experience, divided into five distinct elements of success. These sessions are short and easily digestible, averaging less than 10 minutes. Your managers, wholesalers and leadership teams can access the video training anytime, anywhere, on their computers, smartphones or tablets. Five Ways to Measure Training Results

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