Here’s another neat widget from the folks at the Center for Disease Control. It’s for people concerned about their pet’s health and welfare, and can offers seasonal tips on pet health issues for cats, dogs and other pets. Take a look and see if the easy question/answer format is helpful.
It’s a great addition to our recent blog on Pet Care. If you are interested in pet health, this is a quick and fun widget.
Most of us expect to outlive our pets – but we don’t always. That’s why legal pet care is so important. What will happen to the animals you love if suddenly you can’t care for them?
“Millionaire Leaves Everything To Cats”
Headlines like this give the impression that only rich people can consider legal provisions for their pets’ care, and that naming pets in their wills will solve the problem. Not true. Though your options will vary according to how much money may be available to carry out your plans, people of moderate means can afford the legal fees to formalize an appropriate plan, and every owner must plan ahead.
Leaving money directly to a pet, however, is not one of your options. Legally, pets are considered property, and are treated as part of your estate, not as heirs or beneficiaries.
For Incapacity
First, if you were in an accident and unable to communicate, would anyone know you have a pet at home, and would they be able to get in safely?
You need to have someone ready to step in at a moment’s notice – or to call someone who is – to provide daily care, and to be able to give a veterinarian permission to treat your animal, should that need arise.
You need to have an arrangement for pet care which provides that person enough money to carry this out, if they are not willing or able to bear the costs themselves.
And you need to let appropriate friends, neighbors, and family know, so they won’t think someone is stealing your dog while you are away or entering your house without permission.
Planning Options
For your pet’s well-being, a properly drafted Power of Attorney can designate a specific person, called “agent” or “attorney in fact,” to take care of your animal(s) when circumstances make you unable to do so. This document, called a Durable Financial Power of Attorney, can give that person the authority to use your money to provide for your pets’ needs. Remember, you may not be capable of executing these documents when you need them most, so these legal acts should be handled as soon as possible, and then kept in a safe place until needed. And in case the person you designate moves or has a change in health or circumstance themselves, you will need to name a successor or alternate person in these documents for your pet care.
If you are someone who owns several pets, you may need to prepare separate documents for a number of people among whom you would distribute your animals, according to their affinity for one or another, and their ability to care for them. Remember to communicate with your agent and let you know where the pet care documents are.
Note that when you die, however, POA instruments expire, and provisions in your will or a separate trust, or the rules of intestate succession, will take over.
Planning Ahead For When You Are Gone: Including Pet Care in Your Will
If you die without legal provisions specifically for pet care, animals will be considered part of your property, and “distributed” to your heirs or beneficiaries. The worst case scenario might include delivering your animal companion to an uncertain future, especially if it is elderly or has medical needs.
There are four ways in which pet care can be written into your will.
You may leave your pet to a specific family member or friend who you trust to care for the animal. Remember, though, that your pet will then become their property, to do with as they decide. You should choose a person you feel confident will take the pet, or rehome it with appropriate cautions in place. Even for an animal lover, this is a huge responsibility. Don’t name someone without first asking the person if they would be both willing and actually able to take on this important role. Someone you see as the perfect caregiver in all respects might have some plans or issues you are unaware of that would make fulfilling your pet care wish difficult or impossible. And you may also want to line up an alternate person in case the first person unexpectedly becomes unable to fulfill the obligation.
You can make your pet a “conditional gift” to someone, meaning that you leave your pet, as property, to a particular person on the condition that they agree to care for it. The caution here is that there is no legal way to follow up and enforce the kind of pet care you pictured. Unlikely as it may seem, the person could conceivably give the pet away, abandon it, or have it put down. As with giving your pet to someone outright, you may want to name an alternate for this “conditional gift” arrangement in case the condition is not met.
You can leave the decision up to your Personal Representative, the person who is handling the rest of your affairs after you die. That person could be directed to find a home for your pet. But if they are unable to do so, would it be alright with you if your pet is given to a licensed shelter, in the hopes it will be adopted? If the PR is unsuccessful in both of these attempts, what should happen then? The more specific about pet care you can be, the better for your animal.
You may instruct that your pet be euthanized, or put down, when you die. While your intention may be to spare the animal trauma, or your friends and family the extra responsibility, either the court or the P.R. or another person with an interest in your estate may legally object to ending its life. Historically it has been considered against public policy to carry out such wishes and courts have invalidated such instructions. If you do decide to leave instructions for euthanasia of your pet, you should also construct a back-up plan in case your instructions to euthanize are invalidated.
Creating a Pet Care Trust
Maine has been a leader in pet care and animal welfare laws. Beginning in July 2005, it became possible in Maine for pet owners to create a legal trust for the care of any of their animals that are alive during that owner’s life time. This is called a Statutory Trust, and it ends with the death of the animal(s) covered. (Be aware, however, that such a Maine trust may become un-enforceable if you happen to move to a state that does not recognize a statutory trust.)
There are two versions: it can be set up to take effect before you die, if you wish, or to become active only after you die.
The advantage of the first arrangement, called an inter vivos trust, is that it can assure that the animals’ needs are met while you still live but may be incapacitated and unable to care for or consider your pets.
The second version, called a testamentary trust, cannot be used to plan for a lapse in care when the owner is still alive but unable to provide that care.
Trusts for the Care of Animals may be funded with your savings, by the proceeds of sale of your assets, or by designating the trust (not the pet!) as the beneficiary of a life insurance policy. In any case, it is important to estimate the costs of caring for the pet(s) named in the trust as accurately as possible.
Note that if you leave too much money in the trust, the court has the authority to return what it considers the excess amount to the person who created the trust, or that person’s successors. If you truly did try to leave millions to your cat, for example, you can bet that anyone with a plausible claim as heir or successor would petition the court to distribute the excess, and the court would likely be sympathetic.
No Matter What, Someone Needs Know
Finally, no matter what other plans you make, be sure the following information is written down somewhere, and that your family, agent, friend, lawyer or personal representative can find it:
This article is intended for general information and is not a substitute for specific legal advice.
For referral to an appropriate attorney call 1-800-860-1460 or go to www.mainebar.org and click on Lawyer Referral
© 2008 Maine State Bar Association
Lyme disease is the most common insect-carried disease in Maine. Ticks are already out and we expect the number of Lyme disease cases to increase as the weather continues to get warmer, said Dr. Sheila Pinette, Maine Center for Disease Control Director and Dr. Stephen Sears, State Epidemiologist. They say that Anaplasma, Babesia and other tick borne diseases are also increasing in Maine, though Lyme disease is the most frequent tick borne illness.
Lyme disease is a bacterial infection that is carried by the deer tick, Ixodes scapularis. Cases of lyme disease increased over the last five years in Maine, and occured in all 16 counties. Lyme disease is most common among adults aged 45 – 64, but school age children 5 – 14 also have high numbers of cases. Most infections occur during the summer months. As the weather continues to get warmer, more ticks will be out in the open, and we are likely to see more cases of Lyme disease. Over 1,000 cases of Lyme disease were reported statewide in 2011, which is a record high for Maine. Over 100 cases have already been reported so far in 2012, and that number will continue to rise as we enter the summer months.
You get Lyme Disease when you’re bitten by an infected tick. Ticks like tall grass but can be found in any area. Tuck pant cuffs into b0ot or socks, and closely inspect your clothing and body for ticks after every stroll around your garden, at the playgrounds or playing fields, or after every walk in the woods. Inspect pets as well. Ticks have to bite you for 24 hours before they pass the disease, so showering and scrubbing with a wash cloth after spending time in the garden is a good idea before bed. Most tick bites will not result in Lyme disease, but read on for symptoms.
The most common early symptom of Lyme disease is an expanding red rash that occurs at the site of the tick bite within 3-30 days after being bitten. Fever, joint and muscle pains may also occur. Lyme disease is treatable, and the majority of patients recover after receiving the right therapy.
Treatment after a tick bite is not routinely recommended, but can be considered under specific circumstances including:
Other tick borne diseases
Other diseases that are carried by ticks in Maine include Babesiosis and Anaplasmosis. Symptoms of Anaplasma include: fever, headache, tiredness and body aches. Symptoms of Babesia include: extreme fatigue, aches, fever, chills, sweating, dark urine, and possibly anemia.
In 2011, doctorss reported 26 cases of Anaplasmosis. Doctors have already reported seven cases in 2012. In 2011, doctors reported 9 cases of Babesiosis. No cases have been reported so far in 2012. Anaplasmosis, Babesiosis, Ehrlichiosis and Rocky Mountain Spotted Fever are all reportable in Maine.
For more information on tick borne diseases including Lyme visit this section at the Maine state website.
by Nadine Grosso, republished from the Maine Health Care Association.
This week, I had the absolute privilege to take my favorite veteran and grandfather, Ken Brown, to a Memorial Day ceremony hosted at the Freeport Community Library. My grandfather, 90, is a World War II Army veteran who fought in the Battle of the Bulge as a member of the 106th Infantry division. My grandfather was a recent guest on the Conversations with Ed Bonney show, moderated by Bonney and filmed by Freeport Cable TV Director Rick Simard. The program shares the war time experiences of local veterans. The library hosted a Memorial Day celebration public screening of a compilation of Ed and Rick’s work, following hundreds of hours of interviews with my grandfather, and fellow Freeport residents Arthur Cooper, Martin Bailey, and Ed Fogg.
My grandfather not only fought in the Battle, but was captured by the Germans in December 1944. At the time of capture, he recalls the German army surrounding them and knowing what would ensue. After marching some 25 miles in horrible weather conditions, the Germans crammed my grandfather and his comrades into the so-called “40 and 8” box cars, designed to carry 40 soldiers or 8 horses. My grandfather will tell you there were many more than 40 soldiers with him that day.
The train took them to Bad-Orb, Germany where they arrived at Stalag IXB prison camp on Christmas Eve, 1944. Stalag IX B was situated on a hill and it was where he spent the next month of his life. He and other prisoners were then transferred to Stalag IX A for almost another three months.
I don’t feel the need to go into detail about his experiences as a Prisoner of War. I think we all have an understanding of how terrifying and life changing it was for all who endured captivity. But I do want to share that you could have heard a pin drop, and actually saw tears well up in many eyes, as he recalled seeing the American Flag coming up the hillside.
In his own words, my grandfather says, “Finally, on March 30, 1945, we were liberated by the 6th Armored Division. Just imagine how we felt seeing those jeeps with American Flags waving. After three months, 22 days and 5 hours, we were finally freed.”
As I looked at the American Flag in the library, I found myself trying to visualize what that must have looked and felt like to the young men, many of whom thought that liberation day would never come. I realized then it is through the eyes of a veteran that one can truly behold the American Flag and all that it symbolizes. I, for one, will always remember my grandfather when I see Old Glory flying high.
As you mark Memorial Day in your facilities this weekend, I will also think of your residents and all who have served and sacrificed for the very freedom we enjoy today.
With a heart full of respect,
Nadine
Mother’s Day is next Sunday, May 13. Traditionally the second Sunday in May, Mother’s Day became an official holiday in 1914. Mother’s Day gift ideas often center around spring and it’s an especially fun holiday to celebrate and shop for.
Here are a few Mother’s Day gift ideas that might inspire you!
Experiences and time count for alot, but it you’re far away, helping your mom enjoy something that’s special to her is one of the great Mother’s Day gift ideas. Does she finally have time for painting lessons? Has she always longed to learn how to hook rugs, play the piano or learn French? Italian or Chinese cooking classes? An exercise program?
One of the best Mother’s Day gift ideas is simply to write a long letter, detailing a few favorite memories, and thanking mom for the time she spent raising you.
Have you always planned to help your grandchildren pay for college? With the price of college nowadays, college tuition help from grandparents matters more than ever. There are several ways you can help them with college expenses and save on your tax bill at the same time.
Here are three tips to help grandchildren pay for college.
Just as in 2011, you can give a grandchild $13,000 in cash a year — or $26,000 if your spouse joins in the gift — without incurring gift tax implications. Write the check and give it to your grandchild. Still have time before college? Set up a custodial account at a bank, mutual fund or brokerage firm. The money can be used for tuition or other college-related expenses.
College tuition help from grandparents can also take the form of appreciated stock or other investments. If you give appreciated stock or other investments to your college-bound grandkids, your family can potentially cut the capital gains tax bill. Let’s say you want to sell stock you’ve owned two years to free up some cash for tuition. You will probably pay 15 percent capital gains tax rate on the profit. But you can give a certain amount to your grandkids at a lower tax rate.
Keep in mind that if your child is under age 19, or age 24 if a full-time student, the Kiddie Tax rules may apply.
If a child affected by the Kiddie Tax rules receives “unearned income” above a $1,900 threshold in 2012 (unchanged from 2011), the excess is taxed at the top tax rate of the child’s parents. In other words, a portion of your child’s earnings could be taxed at a rate of up to 35 percent. If the threshold is not exceeded, the Kiddie Tax doesn’t apply for that year. If it is exceeded, only unearned income in excess of the threshold gets taxed at the parents’ higher rates.
Tuition can be paid directly to a financial institution with no gift tax implications, under current tax law, but the money cannot pass through the hands of grandchildren (or their parents) first. It has to go right to the university. This approach might be appealing if you’re worried about the youngsters spending it frivolously.
This tax break applies only to tuition and can’t be used to pay room, board and other college expenses. However, you can still give your grandchild a cash gift of up to $13,000 in 2012 (unchanged from 2011) to cover those other expenses ($26,000 if your spouse joins in the gift) and not incur any gift tax implications. College tuition help from grandparents: the gift that keeps on giving.
Studies have shown that art therapy might be particularly beneficial for people with Alzheimer’s disease because though they gradually lose the ability to express themselves with words, other parts of their brain that deal with colors and composition can still be used and developed. Even people with advanced Alzheimer’s disease can continue to create art.
Cape Memory Care in Cape Elizabeth recently started art classes in the Art is 4 Every1® method, developed by Elaine Griffith of Massachusetts during the nearly 25 years she taught at nursing homes, senior centers, kids camps and in her studio. It is a method that breaks the painting process into small steps, as tiny and as simplified as is needed according to the ability and experience of the student.
| Pat Moshimer, Maine’s only certified Art is 4 Every1 instructor, brings her program into Cape Memory Care in Cape Elizabeth every week. As Cape Memory Care residents, right, participate in the weekly Art is 4 Every1® class, they practice small motor control, visualization and perspective just as artists without memory impairment do. Pat has been a scribe and illustrator for 30 years in the Kennebunk/Kennebunkport area. |  |
Pat’s students remain remarkably creative and the painting program gives them an outlet for communication in a different and often very vibrant way. Is there an art show in the works? Will there be plein air classes as the weather improves? To find out more about this program, please call Olga Gross-Balzano or Bri Johnston at Cape Memory Care, 207-553-9616 or e-mail olgagross@woodlandsalf.com.
March is sign-up time for low-income seniors who want to participate in the Maine Senior FarmShare Program. You can receive $50 worth of fresh produce throughout the season from a participating farm. (Farmers often have trucks at area farmer’s markets, and you can pick up your produce there.) To qualify, seniors must be 60 years or age or older (55 for native Americans), be a Maine resident, and not live in the household or be an immediate family member of the farmer.
Income criteria in 2012 are: Live alone and have an income below $20,036.00 or have a combined incomed (with a spouse) below $26,955. (Both can have a share, but each must sign up.)
The Senior FarmShare program is very popular, and seniors must sign up each year, even if they were with a farmer last year. You can only sign up with one farmer each year.
Here’s more information, including a list of participating FarmShare farmers.
New Year’s Resolutions, Bucket Lists, and Other Ways to Live Your Best Life
by Dr. Len Kayes, guest writer in MAINE SENIORS Magazine.
The 2007 film The Bucket List portrays two terminally ill men, Edward Cole and Carter Chambers (played by Jack Nicholson and Morgan Freeman, respectively) who escape from a cancer ward and head off on a road trip with a wish list of “to-dos” before they die. Included in their list was skydiving, driving a race car, flying over the North Pole, riding motorcycles on the Great Wall of China, and going on a lion safari in Africa. This touching comedy/drama reminds us that there is much that can be accomplished in life regardless of our age or health status and striving to have new experiences before we die can be exceedingly satisfying and meaningful.
Call it what you like — a set of New Year’s resolutions, a bucket list of hopes and dreams, or a life list of goals and objectives — reaching out for new experiences can represent an exciting road map for achieving your best life. And, let there be no doubt about it – it is never too late to develop and enact such a plan. The arrival of 2012 represents a great time to plan your future, whatever your age.
Marelisa Fabrega, the author of How to Live Your Best Life, tells us that a life list is simply a set of goals which cover all the different areas of your life. Taken seriously, it can represent a powerful tool for making sure that you decide what you want to do and have in life, and who you want to be, and that you take the necessary action to accomplish these things.
Remember that bucket lists are not just for those in the latter stages of life. While bucket lists are meant to contain accomplishments that you want to achieve before you “kick the bucket”, you can build your list as early in your life as you choose. Everyone, regardless of age, deserves to have aspirations, hopes, and dreams yet to be realized but consistently sought after. Walt Disney put it well when he said “all our dreams can come true—if we have the courage to pursue them.”
Prudence Searl, 63, of Bangor has a bucket list – she wants to tour the western United States and see the Grand Canyon. She also wants to go to Florida one day and drive down one side of the state and up the other visiting the many friends she has living there…then return to Disney World along the way. She wants to do it in a new Toyota Camry, also on her bucket list.
Sara Dimmick, 65, of Augusta also has a bucket list. She tells me she would like to visit the pyramids in Egypt, travel to Australia, learn about other religions, and become proficient in a language other than her own – probably Spanish.
And, so does Frank Ober, 69, of Whitefield. Frank considers his bucket list to be a “to- do” list which tends to include various projects that “need” to get done or “have” to be done and are not necessarily projects that he “wants” to do. Included on his list was painting the garage floor (already accomplished), and building a sunroom and both refurbishing and expanding the deck that is attached to his house (yet to be accomplished). He checks his list regularly and he says it helps to keep him focused.
It seems that a lot of people tend to have various life goals that fall into one or more of the following categories. These may serve as a useful guide for readers to organize their own personal bucket lists:
*Adventure
*Career
*Entertainment
*Family
*Finances/Money
*Friends/Friendships
*Fun
*Health
*Hobbies
*Home
*Learning/Education
*Love/Love Life
*Marriage
*Relationships
*Self-improvement
*Spiritual Life
*Sports
*Travel
Here are a few suggestions to consider when developing your own bucket list:
We have one precious life to live – be it resolved that in 2012 and beyond that we will live it well – with purpose and identifiable goals that we aspire to achieve.
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