Law Office of Paul Black - May 2019

Law Office of Paul Black - May 2019

404.410.6820

www.Georgia-EstateLaw.com

May 2019

The Power of ‘Atomic Habits’ SMALL CHANGES

D espite having to pore over documents all day at work, I have never lost my passion for reading. I go through stacks of books every year, and when I find a work that really surprises or motivates me, I enjoy sharing it with my clients. I just finished James Clear’s “Atomic Habits,” and I think his advice will prove invaluable to many of my readers. As we age, routine tasks become more difficult. This is especially true if you are also the primary caregiver for a loved one. Working in elder law, I hear from clients all the time who are struggling to take care of themselves, whether that means exercising, quitting smoking, eating healthier, taking medication, or just setting aside time to spend with friends and family. As a caregiver to my father, I struggle with these life changes too. Between my job and helping him with errands and other needs, I often find myself wishing I had more time to simply spend with him. It means waking up earlier every morning and committing to leaving the office on time to pick up dinner, steps that seem completely worthwhile to me. No matter how well- intentioned, it can still feel impossible to leap into those positive routines. But according to “Atomic Habits,” I did not need to leap at all. Unlike so many other personal development philosophies that focus

on powering through large and sudden life changes, “Atomic Habits” takes the opposite approach. Clear argues that by making small, microscopic changes to your routine, you can gradually ease yourself into a healthier lifestyle. In other words, your habits need to shift at the atomic level. The book points to physics as the reason this approach works so well. Energy always follows the path of least resistance; everything from rain water to the mightiest river flows downhill. Clear sees our habits as being a lot like the flow of a river; we tend to shape our routines around what is easiest for us. So, rather than trying to make water flow uphill, we should create ways to make our new behaviors easier and our bad habits harder. “Atomic Habits” uses plenty of real-world examples to illustrate this. One gentleman struggling to go to the gym took steps to make avoiding the gym harder than it was just to go. He set out workout clothes every night, found a gym along his route home, and made the small commitment to spend at least 5 minutes there every day. That may not sound like much, but by taking those small steps, the act of working out began to feel more and more like a normal part of his routine. That is the message I found most powerful in this book. Making small improvements to your life, even if it is just 1 percent a day,

can make a profound difference over time. Leaping into a major life change means risking a disheartening fall, but small steps empower you to stick with meaningful change. I am certainly seeing those effects in my own life. Taking the lessons from “Atomic Habits” to heart, I have gradually reworked my schedule to spend quality time with my dad. It took slowly rolling back the time I wake up each morning and reorganizing my workflow, but now I am not only able to eat dinner with my father but also actually visit with him. We love watching the PBS series “Finding Your Roots” together, something that would not have been possible if I had not taken the time to make these small but powerful changes. If you are looking to make a change in your life but have struggled to achieve your goals, I recommend picking up this book. It is full of examples and advice that can help you make those first positive steps. Self-care is so important, no matter your age. Even small steps can be difficult at first, but with the right help, happier, healthier living is possible. Happy Reading,

-Paul Black

Do you have estate planning or elder law-related questions? Write to me at [email protected] with Asked and Answered in the subject line. Your identity will be kept confidential. The opinions offered in this column are not intended to replace or substitute any financial, medical, legal, or other professional advice.

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LEAVING A LEGACY OF GIVING Making Charity a Part of Your Estate Plan

Your estate plan is far more than just a set of documents. It’s a declaration of what you find most important and a roadmap of the legacy you’d like to leave. Not only does a proper estate plan ensure that your loved ones will be taken care of when you’re gone, but it also allows you to make an impact on the wider world through charitable giving. Many avenues exist for making planned gifts to nonprofits, but here are some of the basics on how to make giving a part of your plan. NAME A CHARITY IN YOUR WILL The most basic way to give to a charity is by naming it in your will. Simply name the charitable organization you wish to support among your beneficiaries, and specify the assets you wish to give. If estate or income taxes are a concern, ensure your chosen organization is a 501(c)(3) nonprofit. These are the charities the IRS deems tax-exempt. MATCH THE ASSETS TO THE CHARITY Almost all charities will accept cash bequests, though it is always a good idea to notify an organization about what you are planning to give. Smaller philanthropies may not accept complex assets, such as stocks or real estate. On the other hand, some charities

may specialize in specific assets. For example, if your home is considered a historic site within your town, you may want to gift it to a preservation society so that it stays properly maintained. DECIDE HOW TO GIVE There are different ways to structure a charitable bequest, giving you the flexibility to make sure your estate planning goals are met. If you have a set sum of money or a particular asset you wish to leave to a charity, you can make a specific bequest in your will. However, if you want to ensure your loved one’s needs are met before giving a portion of your estate to charity, you can make what’s known as a residuary gift. With a residuary gift, once debts have been paid off and your other beneficiaries have received their bequests, a specified percentage of your remaining estate will go to a charity of your choice. OTHER AVENUES Depending on your income level and the kinds of assets in your estate, more complex means of making a planned gift may be available to you. Talk to your estate planner to see if creating a charitable trust or establishing a foundation is the right move for you.

Asked and Answered: Paul Tackles a Tricky Elder Care Issue

Paul: My mother is now a widow in her early 90s and lives in the same house she and my father bought back in the 1950s. Her mind is still sharp, but she is frail and has had several falls recently. She steadfastly refuses to move into any kind of care facility. My sister and I visit frequently, but we both work full time and are concerned about her safety. Can we force her to move?

If a physician certifies that your mother qualifies for skilled nursing care, there are Medicaid “waiver” programs such as Community Care Services Program (CCSP) that provide in-home nursing home care for about 35–40 hours each week. However, your mother would have to apply and qualify for Medicaid, which has strict income and asset limits. The funding for Medicaid waiver programs is set by the state legislature and varies based upon other budgetary priorities. Waiting lists for waiver programs (which are based upon level of care needs, not upon how long an applicant has been waiting) can be quite long, especially in the more densely populated areas of the state like metro Atlanta. Hopefully, your mother will allow you to help provide additional care for her at home. You could hire a certified nursing assistant (CNA) through a reputable agency for $18–$25 per hour to help care for your mother. This can obviously get expensive rather quickly. Alternately, you could hire a “gray market” caregiver for your

mother at roughly $10–$15 per hour. Such caregivers, even the most reliable, are almost without exception neither bonded nor insured. If you fail to withhold for this individual caregiver’s payroll taxes (including FICA, which funds the employee’s Social Security retirement), the caregiver may pursue you (as their employer) for these unpaid taxes. If your mother cannot qualify for a Medicaid waiver program and will not or cannot hire additional care at home, then she will likely continue to live at home until there is a crisis event: A bad fall that requires skilled nursing rehab, a debilitating stroke, or advanced dementia that makes it impossible for your mother to live at home on her own. Whenever I speak with someone in your mother’s situation, we candidly talk through these options. Sometimes, but not always, this kind of conversation motivates someone to think and plan ahead rather than forcing a crisis move down the road.

–Loving Son Dear Loving Son:

This is one of the most frequent situations that families contact us about. The short answer is that as long as your mother has the mental capacity to speak her own mind and meet her own basic needs, it is not likely that a probate court judge will appoint a guardian for her. Unless you are her guardian, you have no legal authority to force her to move from her home.

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BLACK GOLD FOR YOUR GARDEN SOIL National Learn About Composting Day!

Most people have heard of composting one way or another. Your mommight have kept a bin in the backyard for overripe Halloween pumpkins, yard clippings, and egg shells. You might even have a coworker who boasts about the giant compost pile they use to fertilize their garden and lawn. Whatever your level of composting knowledge may be, there is always more to learn about this popular and extremely beneficial method for handling organic food waste. Luckily, May 29 is National Learn About Composting Day! This day provides a great opportunity to introduce yourself to and begin the conversation about composting if you haven’t already. Below are a few answers to your basic composting questions to get you started. WHAT IS COMPOST? Compost is decomposed organic matter, which is especially good for people who have gardens or aspire to live a sustainable lifestyle. People put coffee grounds; vegetable scraps; paper products, including receipts, paper towels, and tissues; and wood chips, leaves, and other types of waste that are not categorized as processed food, meats, or fish products in their compost bin. Compost can stabilize gardening soil, keep the soil from contracting diseases, and help the ground retain moisture.

WHY DOWE COMPOST? Besides giving gardens and lawns significant nutrients, composting also reduces landfills. According to the United States EPA, “Food scraps and yard waste together currently make up about 30 percent of what we throw away.” Organic material often takes longer to decompose in a landfill due to being wrapped in plastic. The more organic material that is The best way to recognize this holiday is to learn as much as you can about composting. When you dive in, you’ll discover you can compost materials you never knew you could, including latex balloons and cardboard egg cartons. Once you do your research, you can start your very own compost by dedicating a part of your backyard to disposing of organic matter or by purchasing a compost bin. This article covers the basics of composting, but there’s still plenty more to learn! Head to your local farmers market or botanical garden and talk to the experts about any questions you have — they’ll be sure to give you some great tips. composted, the quicker it can deteriorate. LEARN ABOUT COMPOSTING DAY

SKEWERS Shrimp Sausage

Inspirational MOMENT

INGREDIENTS

• • • • •

1/2 pound raw shrimp, peeled and deveined 1/2 pound cooked sausage, cut into 1-inch pieces

2 zucchini, cut into 1/2-inch cubes 2 tablespoons extra-virgin olive oil

“THE FIRST RULE IS TO KEEP AN UNTROUBLED SPIRIT. THE SECOND IS TO LOOK THINGS IN THE FACE AND KNOW THEM FOR WHAT THEY ARE.” – MARCUS AURELIUS

Wooden skewers, soaked in water for 30 minutes

Creole Seasoning Ingredients • 2 tablespoons paprika •

1/2 tablespoon garlic powder 1/2 tablespoon onion powder

• • • •

1/2 tablespoon cayenne or chili powder

1/4 tablespoon dried oregano 1/4 tablespoon dried thyme

1. Heat your grill tomedium-high. 2. In a bowl, combine all ingredients for creole seasoning. 3. In a large bowl, combine the shrimp, zucchini pieces, and sausage pieces, and cover them with the olive oil. 4. Add creole seasoning andmix well until all ingredients are covered. 5. Load up skewers with alternating pieces of shrimp, sausage, and zucchini until they’re full. 6. Grill skewers until shrimp are well-cooked (6–8minutes). DIRECTIONS

Inspired by PaleoLeap.com

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INSIDE THIS ISSUE

Have You Tried ‘Atomic Habits?’

1

2

Making Charity a Part of Your Estate Plan

Q&A

3

Black Gold

Shrimp Sausage Skewers

Inspirational Moment

4

Explore Georgia’s Caves

GEORGIA TRAVELS

A DEEP ADVENTURE

Explore Georgia’s Caves

This month, we’re venturing below the surface to explore some of our state’s hidden natural habitats. While Georgia’s beautiful forests and rolling hills are well known to residents and visitors alike, few have explored the caves that

limestone cave doesn’t require any challenging climbs or tight squeezes to enjoy. Inside, you’ll find a forest of stalagmites, including the legendary “Devil’s Stool.” The spring wells up over 2 million gallons of water a day, keeping the cave cool even during the summer heat. This water feeds into a nearby swimming lake that kids and adults can enjoy! SITTON’S CAVE For those looking for an introduction to spelunking (cave exploring), Sitton’s Cave in Cloudland Canyon is a great place to start. The twisting passageways are home to some breathtaking features, including an underground river. Since its layout is horizontal, you won’t have to worry about rapelling down steep surfaces during your

journey (although there are a few tight squeezes). Unless you’re experienced and have all the correct gear, you should look to one of the local tour companies for help discovering this hidden gem. PETTIJOHN’S CAVE Sometimes referred to as “Petty John’s Cave,” this Georgia landmark offers an authentic spelunking experience. Carved into the east side of Pigeon Mountain by thousands of years of erosion, the cave contains 6.5 miles of underground trails. While you won’t need a harness to descend into Pettijohn’s, the journey begins with a 3 meter descent. For those who brave its passageways and tight squeezes, plenty of amazing rooms await inside, including an echo room and waterfall. Definitely go as part of a guided tour unless you are an experienced spelunker with all the right gear.

nestle beneath. They are home to over 500 caverns, comprising a vast underground world. Several of these formations are accessible to even the most casual explorers, and all hold a spectacular mystique you won’t find aboveground. Here are our favorite Georgia caves to add to your bucket list. CAVE SPRING

Having lent its name to the town of Cave Spring, Georgia, this cavern is the easiest way to get a taste of our state’s underground treasures. While relatively small, this natural

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