By Loren Acuña

Written or edited by Loren Acuña. Please feel free to add to the thoughts presented here by posting a comment or question.

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Friday, December 13, 2013

A Nelson Mandela Kind of Christmas

Angels We Have Heard On High
Just there, in the next room; as if a friend has just arrived, oh Elysium! We can just barely hear the music of Love's voice. If we could only see it!    Inspired by the poetry of Emily Dickinson
We live by faith, not by sight.”     Paul of Tarsus, Early First Century Letter to Christians in Corinth
 
What we know of the world is only the tip of the iceberg. Submerged beneath the surface of the visible world are mysteries too vast for you to comprehend. If you only could see how close I am to you.....” Sarah Young, “Jesus Calling”, December 12th


Sometimes we talk of the magic of Christmas as if it is like pixie dust sprinkled in the air which makes us all generous, kind-hearted, and jolly; even sometimes against our will.

One of the definitions of magic is “the art of producing illusions by sleight of hand”. In other words tricking your eyes to think something impossible has occurred. Another definition of magic is “the use of charms or spells believed to have supernatural power.”

When we speak of the magic of Christmas we have in mind something else entirely. We are actually referring to a sense that the world really is a better place after all. Even if just for one single, silent night. We also speak of the magic of Christmas with wistfulness - Wishing for Peace on Earth.

What makes the world a better place? I hope it is something much better and more real than magic.

We all know by now that the one with the most toys at the end of life is NOT the winner. Don't get me wrong, toys are fun. Fun is good! But, when we think of a better world, we are also thinking of our better selves. Instead of trickery or some artificial jolliness dressed up in red and white, I wish for a world full of Nelson Mandelas.

We know deep in the recesses of our hearts that when we offer our best self to the world; the self that offers forgiveness to our enemies. Our best self sets aside what we want long enough to hear the cries of the hearts of those around us; then the magic of Christmas is real.

Because He was born. 
Because He loves. 
Because His promises are sure. 
A Merry Christmas Throughout This World!

Thursday, November 14, 2013

Take Inventory! Take Photos! Take Action!

Guest Blog, written by Karen Fisher, Professional Fiduciary, www.bishopfiduciary.com

Tangible personal property is one asset class many clients don’t spend a lot time managing during their lifetime.   With some thoughtful planning, potential problems can be averted when it comes time to settle their estates.

For example, in one particular estate, the decedent owned many books.  The books had not been appraised when the spouse died years earlier.  When the surviving spouse passed away the books were to be divided equally among the siblings, but they began to fight over them.  I invited a book appraiser to look at the collection. It turned out there were many books important to California history and worth 50 times the initial estimated valuation.

The siblings agreed to donate the books to libraries specializing in California history.  Had the client known of the significance of the books, she might have made a different decision in her estate plan, thereby reducing family turmoil during the estate settlement process. 

Not all personal property will turn out to have significant value.  As baby boomers begin to retire and downsize, there is a glut of used furniture and other household items.  Many thrift and consignment shops are at capacity. 

One way to actively manage tangible personal property is to take a current inventory and record it in a journal indicating the location of any items not on site (such as jewelry located in a safe deposit box at a financial institution).   When items are sold or gifted or, when additional items are purchased, the journal can be updated.  Keeping current on an inventory has several advantages.  One, it assists the client in decision making when they are preparing their Will or Trust.  They can readily view the journal and decide how they want to divide up their property.  Two, for clients who have already created their Trusts or Will, they can use the inventory to update their plans. 

After creating an inventory, consider obtaining an estate valuation of the value of the personal property.  Many people have an unrealistic idea of the value of their assets, either they assume a very high value, or they don’t realize the worth of some items.  An inventory and realistic valuation can assist in gifting decisions.  

As professional fiduciaries work with older clients, we can help reduce potential conflict later by taking inventory; taking photos with notes; and encouraging clients to take action by seek appraisals or indications of value from experts.
 

Monday, October 28, 2013

From Morocco to the Moon

Take a vacation and layer on a presentation at the National Guardian Association "NGA" and you get an odd combination of pre-presentation jitters and pre take-off nerves in the simulated Shuttle take-off at the Kennedy Space Center. Then, you can relax by going ‘round the world in 80 minutes at the Disney Epcot Center. 

Fiduciary Ethics
My attorney husband and I do not share office space or cases; but we can and do share the stage occasionally. We recently took a trip to Florida to present on fiduciary ethics at the NGA annual meeting. The audience was enthusiastic about participating in the Ethics Jeopardy game. Questions and answers flew fast a furious. The game presentation is a fun, interactive "pick-me-up", but we all realize the topic is crucial.  All who serve as a person’s trustee; agent; conservator or guardian have a duty to put themselves in the shoes of the person they are serving. 

The guidelines promoted by the NGA, a national organization created to educate guardians and fiduciaries across the country, are based upon a person centered philosophy. Here is a tip for anyone who takes the test on fiduciary ethics. Use the mnemonic device, SHOES.

Attorneys Acting As Guardian? Varies State to State.
The presentations I attended were very informative. One of the joys of attending the National Guardian Association meeting is learning different perspectives across states. For instance, the range of perspectives on attorneys also acting as a guardian revealed very different views of conflict of interest in different states. In California this is frowned upon. In other states, especially in rural areas, it is expected.

Plain Language for Special Needs
In another presentation, the speakers talked about how to help disabled adults understand human rights. "Where Human Rights Begin—Human Rights and Guardianship for Individuals with Developmental Disabilities—In Plain Language" is offered by the Guardian Association of New Jersey, Inc. "GANJI". The booklet was designed to build personal understanding of human rights concepts. It can help open a dialog with disabled clients about their rights and responsibilities. This dialog can then become a part of our planning for special needs individuals.

Walk in Their Shoes
Whether our client walks in sandals or moon boots, fiduciaries are called to put ourselves in their shoes as we plan how best to serve their interests. If you have a situation where you do not think the trustee is serving your client’s or a family member’s best interests, please call our office for a consultation with a highly experienced professional fiduciary.

Oh, so you want to know what SHOES stands for?  Remember these:
S - Security of client’s person and assets are first priority.
H- wHo’s Money Is It Anyway? - Not Yours!
O - Offer good judgement and oversight.
E - Empathetic and equal communication.
S - Seek legal authority for your actions.


Monday, October 7, 2013

The Effects of Color on Our Brain

What is your favorite color?

This month, we are re-posting with permission an excerpt from an article, Color's Effect on the Brain, by one of my favorite artists, Beth Summers, Artist, Licensed Psychotherapist.  

Nambia Sand Dunes, Plein Air, Pallette Knife Oil Painting by Beth Summers,
Used by permission.
"Blue is universally most often selected [as a favorite color].  Photo cells in the brain are sensitive to blue light and its healing effect. I climbed these sand dunes, two steps upward, one back, to reach the top.  Like many of life's accomplishments.  Namibian desert dunes are famous for color under bright blue skies.
We are physiologically designed to see color with our eyes, but it takes language for a color before we can experience it.  The Himba Tribe in Namibia has only two words for color: "zuzu" and :"vapa"...light and dark. Their perception of sky is dark and water light.
The history of language over 30 generations shows that we have developed more than 1000 words for green. According to some, exposure to green fosters creativity.

'Experiments prove that walks in nature provide better cognitive skills than in urban areas.'
William Lidwell, University of Houston."
 
To read the full article, see http://bethsummersartist.blogspot.com.
 

The answer to the question, “What is your favorite color?” can give insight into inner wishes. Our new LegacyMapping process uses color to help people make choices in the transitions of aging and to tell their life story in a beautiful way.  Click  to find out more about this process at our website.
 
If you want more You can read an article in About.Com about the possible effects and reactions to various colors by clicking here.

What is your favorite color and why?  Tell us in the comments section below.