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Removing Fear From Delegation

Bigstock-Businessman-making-a-danger-an-15477122-300x200Working with many lawyers in their journey to become more entrepreneurial, to create a practice that is less dependent on them, there is an overwhelming theme, the fear of delegation. Many of us are afraid to delegate to others, those things we do well. I realize the lack of delegation really comes down to two core deficiencies. First, lack of trust in the people that work with us OR lack of systems to ensure that the work will be done properly and nothing will be inadvertently omitted.

As we look at the first issue, trusting the people that work with us, the question is whose challenge is it, theirs or ours? More specifically is that they don’t have the skill to do the work or is it that they haven’t been trained properly on how to do it. If it’s lack of skill, the solution is easy, terminate and move on to the next one, if it’s lack of training, the challenge is a little greater because now you are usually the only one that can do the training, and who has time for that? You must find the time because it never ends. If we don’t train others properly, then we must assume responsibility for the rest of the time that we will need to commit to do the work. Isn’t it worth a little up-front effort to train a person, with the necessary skills, that you trust? As my dad always said, “An ounce of prevention is worth a pound of cure”.

As we look at the second challenge, proper system structure is a critical piece to confidently delegating. Even if you have trained skilled employees to delegate your duties, you are still at risk that something might be dropped, forgotten, or failed to be completed. That’s where a good system, tracking each core need that you serve, and the fulfillment of it, are absolutely essential. While this appears to be daunting, in reality, you’re doing it anyway. Restated, the things you need to delegate need to be communicated to the delegatee anyway. It’s just the method in which you delegate it that must change.

For example instead of it being verbal, it must be in your contact management system to ensure there’s a record of it. Once it’s in your contact management system the information can be reviewed upon your need, by generating the appropriate report. Secondarily, once delegated the person delegated to, has to do that which was asked. Again, nothing changes, other than when they do it, it needs to be entered into your contact management system to track that it was done. Once everything is entered into your contact management system then you can retract that information any time you need to identify what is pending and what has been completed.

It sounds daunting, but if you don’t start, you never finish. Even better, we have already built the systems, processes, tracking, and training so you don’t have to.

Dave J. Zumpano

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It’s Tax Season … Here’s a Lesson On SNT’s And Deductible Medical Expenses

Bigstock-trust-family-hands-of-child-so-27258686-300x199While I was away at the Annual Meeting of the American College of Trust & Estate Counsel (“ACTEC”) in Maui (tough duty, I know!), we have switched over to Daylight Savings Time and inched ever-closer to April 15, the date on which many of our clients will wait to file their federal and state income tax returns.

With income tax season upon us, you may receive inquiries from your clients regarding the deductibility of expenses incurred for the benefit of a person with special needs. Many such expenses may constitute deductible “medical expenses” under I.R.C. Section 213(d)(1)(A) (and the regulations thereunder) if they relate to the “diagnosis, cure, mitigation, treatment or prevention of disease,” or the costs of treatments “affecting any structure or function of the body.” This definition would include the following:

(1) Premiums for health and medical insurance, amounts paid for qualified long-term care services, and limited amounts paid for a qualified long-term care insurance contract.

(2) Prescribed medicine and drugs.

(3) The costs of transportation to obtain medical care, and the travel costs of a companion for a person who cannot travel alone.

(4) The cost of rendering a vehicle wheelchair accessible.

(5) Medically necessary caregiver services, even if not rendered by a licensed medical professional, as long as the services are of a type generally performed by a nurse.

(6) Certain long-term care services for the “chronically ill,” as defined in IRC § 7702B(c)(2). Payments to family members for long-term care services are not deductible unless the person is a “licensed professional with respect to such service.”

(7) Meals and lodging for a caregiver rendering nursing or long-term care services.

(8) The cost of care in an assisted living facility, nursing home or other institution (including meals and lodging), if the principal reason for the placement is to obtain medical care.

(9) The entire cost of a skilled nursing home facility.

(10) The costs of living in a transitional group residence pursuant to the recommendation of a psychiatrist.

(11) The costs of a special education school that trains a child to overcome learning disabilities, including tuition, meals and lodging, if recommended by a doctor and if the principal reason for attending the school is to overcome the child’s learning disabilities.

(12) Doctor recommended tutoring by a teacher who is specially trained and qualified to work with children who have learning disabilities caused by mental or physical impairments.

(13) Admission and travel to medical conferences that address the illness or condition of the patient.

(14) The costs of maintaining medically necessary special equipment.

(15) The cost of special equipment installed in a home, or improvements made for medical purposes (deductible only to the extent that the reasonable cost exceeds the increased value of the property, if any, that results from the improvement), including entrance and exit ramps; widening doorways; installing railings or support bars; installing lifts; modifying stairways; grading the property to provide ready wheelchair access to the residence.

If a first-party Special Needs Trust is a “grantor trust” with respect to the beneficiary (usually under I.R.C. Section 677(a)(1) and (2), or sometimes one of the other grantor trust “strings,” e.g. I.R.C. Sections 674 or 675(4)(C)) and the Trustee uses SNT assets to pay the beneficiary’s medical expenses, then the taxable income reportable by the beneficiary on his personal income tax return may be offset by those SNT-funded medical expenses if they exceed 7.5% of the beneficiary’s Adjusted Gross Income (10% of AGI for 2013 and subsequent tax years).

In contrast, if the Trustee of a non-grantor SNT (i.e. most inter vivos third-party SNTs) makes such disbursements for the beneficiary’s medical expenses, the SNT may not deduct them as medical expenses. However, the SNT may be entitled to a distribution deduction under I.R.C. Sections 651 and 661 (and a corresponding amount would constitute income to the beneficiary reportable on his individual income tax return).

For more examples of deductible medical expenses, consult IRS Publication 502, “Medical and Dental Expenses” – available at www.IRS.gov/pub/irs-pdf/p502.pdf

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American Academy of Trust and Estate Counsel.

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It’s Not The Smartest People That Are The Most Successful.

Bigstock-Success-1580907-229x300I recently attended a leadership workshop that spoke of Emotional Intelligence (EQ). The day started with a conversation on how Emotional Intelligence helps you build stronger relationships, succeed at work, and achieve your goals.

Emotional intelligence is the ability to identify, use, understand and manage emotions in positive ways to relieve (not eliminate) stress, communicate effectively, empathize with others, overcome challenges and refract conflict.

Emotional intelligence impacts the way we behave and the way we interact with others. Emotional intelligence consists of four attributes:

Self-awareness – Recognize your own emotions and how they affect your thoughts and behavior while knowing your strengths and weaknesses.

Self-management – Controlling rash behaviors, managing your emotions in healthy ways, follow through on commitments, and adapt to changing circumstances.

Social awareness – Understanding the emotions, needs, and concerns of other people, staying present to pick up on emotional cues while recognizing the power dynamics in a group.

Relationship management – Develop and maintain virtuous relationships, communicate clearly, inspire others, work well in a team, and manage conflict.

As we know, it’s not the smartest people that are the most successful. We all know folks whom are academically brilliant and yet are socially inept and unsuccessful at work or in their personal relationships. Intellectual intelligence or IQ isn’t enough on its own to be successful in life. IQ can help you get into college but it’s EQ that will help you manage the stress and emotions of sitting your final exams.

In order to permanently change behavior in ways that stand up under pressure, you need to learn how to take advantage of the powerful emotional parts of the brain that remain active and accessible even in times of stress. This means that you can’t just “study” or read about emotional intelligence to “get” it. You have to experience and practice the skills in your everyday life.

Develop your stress busting skills by working through the following three steps:

Realize when you’re stressed – The first step to reducing stress is recognizing what stress feels like. How does your body feel when you’re stressed? Are your muscles or stomach tight or sore? Are your hands clenched? Is your breath shallow? Being aware of your physical response to stress will help regulate tension when it occurs.

Find your stress response – Everyone reacts differently to stress. If you tend to become angry or agitated under stress, you will respond best to stress relief activities that quiet you down. If you tend to become depressed or withdrawn, you will respond best to stress relief activities that are stimulating. If you tend to freeze—speeding up in some ways while slowing down in others—you need stress relief activities that provide both comfort and stimulation.

Find stress-busting tools that work for you – The best way to reduce stress quickly is by engaging your senses: sight, sound and touch for example. Each person responds differently to sensory input, so find things that are soothing and/or energizing to you. If you’re a visual person you can relieve stress by quickly viewing a powerful quote or photo you have hanging in your office. If auditory, music, or the sound of a motivational speaker helps to quickly reduce your stress levels.

High levels of stress will get in the way of your ability to accurately “read” a situation, hear what someone else is saying, be aware of your own feelings and needs, and communicate clearly i.e., impact cash flow, team and referrals coming into the office. It’s vital to learn how to quickly calm yourself and diffuse stressful situations to stay focused, and in control–no matter what challenges you face or how stressful a situation becomes.

Because let’s face it, in the world of a solo-prenuer, stress free is not an option. Stress is inevitable, it is all in how you manage and react to it.

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

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How To Get Butts In Seats … Consistently!

Bigstock-D-interior-scene-with-classic-16724816-300x257Join us for our Member Webinar Hosted by Dave Zumpano TODAY – March 18th at 3:00 EST and find out:

– When and How to Advertise Your Workshop
– Where and When to Place Your Advertisements
– How to Get Your Phone to Ring
– Creating a Message Your Market Will Hear
– How to use the RMS System to Fill Your Workshop
– Creating a Call to Action to Your Workshop During the Initial Call

To participate in this marketing conversation contact Marci Otts at motts@lawyerswithpurpose.com. We look forward to it!

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You Have To Work Your Plan

Bigstock-Dart-hitting-target-New-Year-31745273-300x257We are getting ready to close the books on 1Q 2013. So, looking into 2Q (that is less than 3 weeks away), where are you with your 2013 Marketing Plan?

If you aren't looking at your marketing plan and reviewing it weekly, your not developing your marketing. You need to work your strategies and review your written plan weekly to make sure everyone in your firm understands, with complete certainty, the direction of the company.

Your marketing plan should be a comprehensive and researched document which covers all essential aspects of taking your firm to the next level. When you created your plan, did you ask yourself the following questions:

– Where are we right now?
– Where do we want to be in a year?
– What opportunities exist?
– How will we get there?
– Who will do what and by when?
– How will we know we've arrived?

The next and very crucial step is to develop and work your plan! Don't just set all that brainstorming and creativity to ROI aside. Work it!

Your marketing plan is a living document for the marketing department and something they need to monitor REGULARLY. You have to monitor the progress of your plan and review it for it to work!

Review it weekly, prioritize the action steps, set clear deadlines and clear exceptions for success!

Roslyn Drotar – Implementation Coach, Lawyers With Purpose

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Why I Hate Meetings

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I remember a time when every time I suggested we have a meeting, bodies would cringe. In retrospect I don't blame them. Most meetings are wholly ineffective. But when you examine the purpose of meetings and the distinction between a great meeting and a frustrating meeting, it quickly becomes apparent how important they are, but more importantly how to make every meeting a powerful one.

Most people become frustrated with meetings because they tend to be a “bitch” session, an opportunity for people to share what's not working. Often meetings lack structure or intended results prior to the meeting. Instead they're meant as a session to “figure it out”. While on occasion these meetings may be necessary, they are not productive and often lead to frustration.

There are two types of powerful meetings. (1) The first is check-in meetings; that is, meetings on a regular basis (once a week in our office) where you check in with everyone else to see how the firm or individuals are doing as compared to the goals and standards that have been set. This type of meeting is to ensure accountability is essential for long-term personal and firm success. (2) The second powerful meeting is a discovery meeting. In a discovery meeting you bring different perspectives together from key individuals that you think are important in making a critical decision. The significance of making these meetings successful is that you must have a controlled agenda as to time and parameters around each part of the meeting that provide for:

1) brain dump time; a time where all can shoot out ideas without judgment!
2) refinement time; when all of the issues raised are refined to identify the most important and relevant ones, and then
3) strategic time; when the participants strategize a solution to the core objective for the meeting that was potentially not even conceived prior to the beginning of the meeting.

Check-in meetings and discovery meetings, when managed and facilitated properly, can be very empowering and lead to major breakthroughs in firm operations and individual growth.

So the next time you have a meeting don't cringe, make it a powerful one.

Dave Zumpano, Estate Planning Attorney, Just Like You!

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March Madness Is Heating Up!

Bigstock-Basketball-3203372-300x208I love it when March rolls around. You can guarantee great basketball, green beer and a month before taxes are due from last year’s profits. Also, my children (twins) celebrate their birthday each March. This year the Final Four is being hosted in Atlanta, Georgia, where I live. The energy of the city really ratchets up and it feels vibrant just to be in the buzz of it all.

There is a different kind of buzz in March for our Veterans who are receiving a pension with Aid and Attendance benefit — tax free income to help offset the high cost of medical care. To receive Improved Pension with either Housebound or Aid and Attendance, Veterans must meet financial criteria ensuring their income and assets are below certain limitations. Due to this, historically, the VA required an annual review of income, assets, and medical expenses to be filed no later than March 1st.

This year the VA decided to eliminate the formal review process and no longer requires beneficiaries of the pension to send in a review. Instead, the VA is cross-referencing reported income with the Internal Revenue Service (IRS) and Social Security databases. This sounds very efficient for the VA. However, it will create madness for Veterans who are receiving the pension when their benefits are terminated because they followed what they believed the VA to mean in their letters that an annual review is no longer necessary.

A claimant or beneficiary of the VA pension must still report, every year, the amount of out-of-pocket medical expenses he paid that was not reimbursed by any other source. Since the pension is awarded based on a reduction of income due to medical expenses, then the medical expenses must be reported. Otherwise, when the VA cross-checks income with the IRS and Social Security, it will appear the Veteran has too much income (because the medical expenses are not cross-referenced). It is up to the Veteran to ensure the VA receives verification of all medical expenses each year.

The deadline to submit medical expenses is no longer March 1st of each year. Instead, it is December 31st of the year after the medical expenses were incurred. Plenty of time to gather the information needed. Also, plenty of time for the Veteran to delay and forget to file them.

I foresee a March madness of a different kind beginning in 2014, the year after the VA eliminated the annual review, when Veterans’ benefits begin to be terminated for lack of proper notice of medical expenses. For lawyers who are practicing in this area, I recommend you make room on your calendar beginning in March 2014 for the calls you will receive asking for help to reinstate benefits. To be proactive, putting an advertisement in a local newspaper in February 2014 informing Veterans of your available assistance would likely prove to be fruitful. The client, who has come to rely on the monthly income, will be in distress and will need to know who can help.

For more information, or to become a member of Lawyers With Purpose, LLC, an organization with a mission of “Creating a world where people can protect what’s important to them and where client-centered lawyers can be valued for the peace of mind they help provide,” go to www.lawyerswithpurpose.com.

Victoria L. Collier, Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder, Lawyers with Purpose, LLC, and author of 47 Secret Veterans’ Benefits for Seniors…Benefits You Have Earned but Don’t Know About.

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Official Launch Of Our Automated VA Qualification Worksheet!

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Great News! As our members saw from our post on the LWP ListServ, we have officially launched the Automated VA Qualification Worksheet. Victoria Collier is hosting a webinar next Friday, March 15th at 3:00 EST to go through it live with our members.

Some of the newest features on the Automated VA Qualification Worksheet we'll discuss and review are:

– Type of Claimant automation on the income sheet

– Type of Benefit automation on the income sheet.

– Age Analysis automation on the income sheet.

You'll learn how the VA Qualification Worksheet helps with:

– Status of Veteran – Type of Benefit

– Age analysis

– See a Live Case Study

– Bring a Real Client’s Facts and at least one attendee will get to have their numbers plugged in and see immediate results

The VA Qual Worksheet allows you to easily input the financial figures to quickly determine whether the claimant qualifies under the income and asset standard, and if not, how much income or assets the claimant must reduce in order to qualify.

We're so excited about bringing this to our members and for them to start using it today for greater efficiency in their office as well as build confidence with clients! It is also a great training tool for your team.

If your a member and want to register, you can contact Marci Otts at motts@lawyerswithpurpose.com. To learn more about our tools and Lawyers With Purpose membership, please visit www.lawyerswithpurpose.com.

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Our March Member Of The Month – Andrew Sykes

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What is the greatest success you’ve had since joining LWP?

We have successfully used the systems to develop a referral network from other professionals. It has gained momentum and now drives clients to our workshops, and to appointments, every month.

What is your favorite LWP tool? I appreciate the live listserv. Whenever I’m looking for an answer I can’t find elsewhere, the live listserv gives me a way to not only ask a question but to have a dialogue and drill down into an issue in detail. Then I’m able to go back to the recording later and listen again if I need to. I also learn quite a bit from hearing the answers to other callers’ questions.

How has being part of LWP impacted your team and your practice?

Our estate planning practice has become a much more central part of our practice, and we’re taking the initiative as a team to keep our pipeline full. Rather than waiting for, and responding to, the latest “crisis” case, we’re helping our clients make effective long-range estate and asset protection plans – and getting paid well to do so. The LWP community gives us a support network to make sure we stay on track.

To learn more about our membership, please visit us at www.lawyerswithpurpose.com