Supplemental Needs Trusts

Trusts are fantastically flexible tools that people of nearly all income levels can use to ensure their loved ones are well cared for long into the future. This is especially true for loved ones who might have disabilities or special needs. Whether you’re planning for a child, niece or nephew, sibling, or older adult relative with special needs, supporting these family members means navigating the complex web of public benefits these individuals are often eligible – or may become eligible – to receive. Loved ones need to thread the needle of making funds available to “supplement” the support these programs provide without accidentally making the funds recoverable by these programs or accidentally disqualifying their loved ones from these services.

Thankfully, the attorneys at Compass Law Partners can ensure all the key components of a well-drafted Supplemental Needs Trust are present so you can stop worrying about the type of care your loved one will receive in the future, and focus on being present with them now.

 

April 2023 Law Navigator

2023 Employment & Business Legislation To Affect Your Business

More than 2,200 bills have been introduced in the Maryland General Assembly and 150 bills have been introduced before the Delaware Legislature. In Maryland, legislation has been introduced to:

  • Accelerate minimum wage increases;
  • Modify a law that will require most businesses to make contributions to a paid family leave insurance program; and
  • Prohibit non-compete clauses in certain circumstances.

In addition, the District of Columbia has made recent changes in laws affecting restrictive covenants. Now it’s more important than ever review your business and employment policies, including employee handbooks and employment agreements. Compass Law can help. Reach out now for a consultation.

 

March 2023 Law Navigator

Posted in Law

Preparing for Vacation

 

As Spring (slowly) approaches, many families are starting to finalize their vacation plans. March and April are big months for winter-weary families to get away.

However, as families prepare for their vacations, one item is typically never found on their “To Do” list – estate planning. If you plan to travel with your family, you should really have your affairs in order in the event the unthinkable happens.  Whether it is death or disability, an estate plan will provide your heirs with the information they need to carry out your wishes.  Otherwise, you are at the mercy of State law and, potentially, a Judge who has no idea who you are.

The core documents in an estate plan are a Last Will and Testament, Financial Power of Attorney and an Advance Medical Directive.  While preparing an estate plan may seem like an onerous task, the attorneys at Compass Law Partners will walk you through the process and ensure your estate plan is completed in a timely manner.

Posted in Law

New Years Resolutions 2023: Guardianship

Take the time to understand Guardianship and how it actually works:

If a child’s parents die and no relative or close family relation is immediately identified as being able to care for the child, a child will go into the foster care system. Hopefully, this is only for a brief stay until someone can be located, but sometimes these things take time. Next, a relative or family friend petitions the court for guardianship of the child. There are hearings, possibly multiple petitions from different people to deal with and possibly conflict. A judge has to do their best to guess who is the best person to be guardians of your kids. Judges try hard, but they aren’t you. They can’t possibly know or internalize all the reasons why someone who looks great on paper might not be the person you want raising your kids.
Even if the person you want to “win” is appointed guardian, they may still have had to go through an exhausting, contested, and expensive process. Contested guardianships often benefit from an attorney’s help, and those fees can be quite expensive in an involved proceeding.
Investing a bit of time, energy, and funds now ultimately saves your family the uncertainty of now knowing your wishes, the anxiety of a potentially contested proceeding, and the related expenses.
Contact the Compass Law team for assistance!
Posted in Law

New Year, New Business

Whether formalizing a consulting gig, protecting assets, or owning rental property, the New Year is a good time to set up that LLC – limited liability company.

In setting up an LLC, there is more than just filing online.

  • Have you decided how to be taxed?
  • Have you prepared an initial organizing resolution?
  • Have you prepared an operating agreement?
  • Are you doing business in other states?

Even if you are the sole owner of your LLC, you should do all of the above to protect your personal assets and the assets of the LLC.And if you are doing business in multiple states, you may need to file foreign registrations with such states.

Make it your New Year’s Resolution to consult with Compass Law Partners to properly set up and maintain your business, as well as handle other business legal matters.

Posted in Law

Wrapping Up 2022 with the Gift of Estate Planning in 2023

It is amazing how many people think about how they need a Will yet push it off from year to year.  If you do this (and you probably do) you are definitely not alone!!

Creating your estate plan (including a Will, Financial Power of Attorney, a Health Care Power of Attorney) is not only difficult from a “finding time” perspective but also from the perspective of thinking about your own mortality.

Compass Law Partners can help you on both fronts.  First, CLP offers either in-person meetings or virtual meetings.  Virtual meetings (one of the positive things coming from the Covid-19 pandemic) allow you to schedule a meeting from your home, car, or office without having to add “commute time.”  For some, removing “commute time” opens up your availability to meet.

Also, CLP’s experienced attorneys will provide empathetic guidance to you as you traverse the realities of estate planning.  In the end, CLP clients walk away from creating their estate plan with a sense of satisfaction and the security of knowing that your loved ones will be taken care of after your death.

As 2022 comes to a close, make creating an estate plan in 2023 your gift to those you love.

Posted in Law

Holidays and Estate Planning

The holiday season is just around the corner, and while that means that there will be delicious baked goods everywhere and your favorite movies on TV and great deals on all sorts of treasures, it also is a season of family and friends. Between travel and gifting buying and family traditions (both beloved, and otherwise), it’s hard to escape reflecting on family this time of year, regardless of what feelings that stirs up.

No matter what your family has been through in the 12 months, this is a good time of year to dust off those estate planning documents and remind yourself which important jobs you delegated to which sibling, uncle, child, or friend. Who has the power to manage your financial life or your health care decisions if you aren’t in a position to do so yourself? Who would have the power to manage your affairs after you pass away? Is your cousin really still the best person to be a back-up guardian for your kids, or did she commit to the ugly sweater competition with a little too much enthusiasm this year?

Here at Compass Law Partners, we routinely meet families whose loved ones died without estate planning documents, or whose most recent will was circa 1984. Loved ones come to us unsure of what to do if there aren’t documents in place or are unsure how to manage documents that are so old they’re hardly useful anymore. We are always happy to assist, but always do so knowing that there are ways their loved ones could have made the process easier for them.

We recommend you pair that trial version of the side dish you’re making for Thanksgiving with a review of your estate planning documents. We’re always on call to update or create new documents for you.

Posted in Law

Back to School Time!!

Parents

I, like many other parents, look forward to the kids heading back to school…not because I don’t love them but more because towards the end of the summer, they are just a bit much.

Now that the kids are back in school, you have time to focus on projects you have been putting off (for years) – including estate planning (Wills, Financial Powers of Attorney, Health Care Powers of Attorney, etc.).

Estate planning is the one extremely important service that is constantly kicked down the road.  It is likely that whenever you see a television show or movie with reference to a Will, you say “I/We need to do that.”  Then, that thought passes and the millions of other thoughts take over.

I am writing this to tell you that you should stop delaying and just contact Compass Law Partners.  The attorneys at Compass Law Partners will walk you through the process and make it as easy and understandable as possible.   If you make that call, not only will you be protecting your family, but you will never have to have that moment again where you say, “I/We need to do that.”  Instead, you can say, “I’m so glad we did that.”

College Students

Do you have a child in college?  Do you want to make sure you have the authority to speak with your child’s school (since you are paying his/her tuition) or with your child’s medical provider/therapist?

Well, surprise, you cannot.  Your child may still look like the fun 3-year-old (in my opinion, the best age) but, legally, he/she is an adult and must provide authorization to any medical providers and school administrators to speak with you.  The easiest way to provide that authorization is to have your college student sign a Financial Power of Attorney and a Healthcare Power of Attorney.

Although it is likely your child is already in school, this can still be accomplished using video conferencing.  Compass Law Partners has the technology and know-how to meet with clients through video conferencing software.  Then, your child can sign his/her documents when he/she visits you (a great reason to get them to visit).  Or, alternatively, Maryland law now allows Maryland residents to sign estate planning documents virtually. The attorneys at Compass Law Partners have experience in virtual signings and can easily guide your child through the process.

Now is the time to make sure you remain an important part of your child’s life.  Do not hesitate to contact Compass Law Partners to set up a consultation today.

Posted in Law

Team Spotlight: Jen Kidwell, Of Counsel

Jen brings nearly a decade of experience working with families in a variety of settings to her work as a Wills and Trusts attorney.

She views legal documents that are commonly used to help families plan for the future as tools for investing in the relationships, stories, and causes that ultimately create a legacy.

Jen prioritizes a values-based planning process and takes time with each client to educate and counsel them through potentially challenging decisions.

Posted in Law

Your Vacation Checklist

The summer heat and humidity are surely here to stay for another month or two, and hopefully you have time for at least one more getaway before the arrival of pumpkin-spice-everything. Whether you’re heading to the beach, hiking in the mountains, or exploring a new city, we have some suggestions for ways to make your trip even more relaxing.

If you have minor children and have managed to leave them at home, have you given their caretaker the authority they need to take care of them in an emergency? There are a few ways to approach this depending on your state, but most of them are variations of a Power of Attorney or a Standby Guardian Designation.

Have you officially designated back-up medical decision-makers if both you and your spouse are injured on that amazing parasailing trip? If you haven’t decided on at least two tiers of medical decision-makers, you could be setting your family up for conflict, and, the person you would trust the most to manage your health may not come out on top. Set up or review your Advanced Directive for Healthcare to make sure your wishes are clear so you can parasail in peace.

We can help you check these hidden items off of your vacation to-do list, in addition to creating or updating your will or trust and other important estate planning documents.

Posted in Law
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