Category: Wisdoms

  • A Living Legacy: The Gift of Education

    kidney
    With a 529 plan, you can save taxes, benefit your family and continue your legacy with your favorite 501(c) (3) nonprofit organization.
    There are ways you can help your children and grandchildren lower the price of higher education.

    One of the best ways is to establish and contribute to a qualified 529 plan. Contributions grow tax-free; distributions to the student for education expenses are also free of federal tax, and in general, state tax, as well.

    If you want to benefit more than one child and don’t wish to establish multiple 529 plan accounts, consider an education unitrust—a charitable remainder trust from which funds can be transferred to the trust tax-free. You or your trustee control how the funds are invested and you can also stipulate who can receive funds from the trust and under what conditions.

    After the trust has completed all your primary objectives, any remaining funds go to a charity.

    With this plan, you can save taxes, benefit your family and continue your legacy with your favorite 501(c)(3) nonprofit organization.

    Check with your tax advisor or call or email us to see how education planning can benefit you and your family — and help create your legacy.

     


    NATIONAL KIDNEY FOUNDATION OF HAWAII
    808-589-5976 | jeff@kidneyhi.org
    For Planned Giving: www.kidneyhawaii.org
    Main: www.kidneyhi.org | www.kidney.org

    There are ways you can help your children and grandchildren lower the price of higher education. One of the best ways is to establish and contribute to a qualified 529 plan. Contributions grow tax-free; distributions to the student for education expenses are also free of federal tax, and in general, state tax, as well. If…

  • Keeping Peace in the Family

    sstk_111165887-handshakecufflings_4chrIn May of last year, Reuters reported that a Georgia judge had agreed to appoint a mediator to help the family of the late Dr. Martin Luther King Jr. decide whether to sell Dr. King’s Nobel Peace Prize and his personal Bible.

    Dr. King carried the Bible during the historic marches and rallies of the 1960s, and President Barack Obama placed his hand on it when he took the oath of office at his second inauguration.

    According to the article, the “fight pits the slain civil rights leader’s sons — Martin Luther King III and Dexter King, who want to sell the medal and Bible — against King’s surviving daughter, Bernice King, who opposes the sale of items she calls ‘sacred’ to the family.”

    This family drama illustrates two important principles. The first is that a well-thought-out and thoroughly implemented estate plan will give your family priceless guidance.

    The second principle is that there are better ways to resolve conflict than in the courtroom.

    The Benefits of Good Planning
    Putting the time and effort into devising a plan and taking care of all of the details that will make it work effectively will pay enormous dividends.

    You may not see the benefits during your lifetime, but your loved ones certainly will.

    Putting the right managers in place and taking the guesswork out of determining your wishes will enable your family to focus on honoring your memory and moving on with their lives.

    And remember that your estate plan needs to be reviewed and updated from time to time if you want it to be effective.

    Conditions change constantly and sometimes rapidly, and failing to make necessary adjust-ments will cause your plan to fall short and diminish the effectiveness of your legacy.

    Mediate Rather Than Litigate
    Mediation is a way of getting disagreeing parties together, helping to find their common ground, and then working toward solutions that may not make everybody happy, but that will help satisfy their shared goals and values.

    If you know that your loved ones are at odds, you can engage a skilled mediator during your lifetime to assure that the eventual settling of your estate will be done peaceably.

    If you find yourself in conflict after the death of a loved one or family member, one of the best things you can do is propose that your differences be mediated privately rather than battled out in open court.

    Mediation will save time and money in the long run. You may also find that it can open the doors to healing broken relationships.

    Even if you don’t have a Nobel Medal or a historic Bible among your personal effects, you can appreciate the value of not having your loved ones hash it out in court over “who gets what” or whether a prized heirloom should be sold.

    You may not be able to make everybody happy with your estate plan or with the assistance of mediation, but you can head off or minimize problems that may tear your family apart and tarnish your legacy.

     


    SCOTT MAKUAKANE, Counselor at Law
    Focusing exclusively on estate planning and trust law.
    Watch Scott’s TV show, Malama Kupuna
    Sundays at 8:30 pm on KWHE, Oceanic Channel 11
    www.est8planning.com
    O‘ahu: 808-587-8227 | maku@est8planning.com

    In May of last year, Reuters reported that a Georgia judge had agreed to appoint a mediator to help the family of the late Dr. Martin Luther King Jr. decide whether to sell Dr. King’s Nobel Peace Prize and his personal Bible. Dr. King carried the Bible during the historic marches and rallies of the…

  • Navigating Your First Year in Retirement

    mf690Like most Americans, you’ve probably spent years working to achieve the retirement of your dreams. There comes a point when this milestone changes from a distant goal to an imminent reality. You can make your first year away from work more rewarding and less stressful if you anticipate potential challenges and prepare for how you will handle this life change.

    Your State of Mind
    As a new retiree, it’s normal to feel both excitement and trepidation. You’re eager for more time with friends and family, and for the activities you love. Stepping away from your career can reduce stress levels and free you from competing priorities. However, saying goodbye to your workplace may also trigger anxiety and sadness.

    If your spouse or significant other is already at home, your new lifestyle may cause similar emotions for him or her. The change would mean a departure from both of your schedule and habits, even if it means more time together.

    For those experiencing mixed feelings, it’s helpful to acknowledge them, remind yourself why you chose to retire and remember all you accomplished to reach this point.

    Your Purpose
    With your calendar clear of work obligations, it’s important to identify a few ways to fill your time. To start, keep the commitments you’ve made about what your retirement will include. If you’ve promised distant relatives that you’ll reconnect, then organize a reunion. Alternatively, you may decide to pursue an encore career, part-time job or an opportunity to open your own business.

    With all your new possibilities, it’s important to avoid overcommitment. Give yourself some breathing room each day and ease into volunteering or new activities. Now that you have the freedom to do so, be sure that you’re choosing to spend your time in ways that are most gratifying to you.

    Your Finances
    Adjusting your mindset from building your nest egg to spending it can be challenging. To make your initiation to retiree life easier, create a plan for paying yourself in retirement. Start by tallying your income sources before determining which ones you’ll tap into first. Next, estimate your cash flow for year one. Planning this in advance can help ease worries and reduce your risk of overspending. As a benchmark, have enough cash to cover three years of potential unexpected expenses. Once you’re in retirement, monitor your cash reserves regularly to gauge your spending and make adjustments as needed.

    If you’re uneasy or need reassurance that your income and cash flow plans are sufficient, meet with a financial advisor. Together, you can look at the impact of taxes, evaluate your portfolio diversification and prepare for the legacy you’d like to leave your community and family.

    Becoming a retiree means enduring a lot of change. Although you can’t prepare for every challenge you might face in your first year, planning for what you can control will allow you to move into this new life stage with confidence.

     


    MICHAEL W. K. YEE, CFP
    1585 Kapiolani Blvd., Ste. 1100, Honolulu HI 96814
    808-952-1222, ext. 1240 | michael.w.yee@ampf.com

     
    Michael W. K. Yee, CFP®, CFS®, CLTC, CRPC®, is a Financial Advisor,
    Certified Financial Planner ™ practitioner with Ameriprise Financial Services Inc. in
    Honolulu, Hawai‘i, with Na Ho’okele Financial Advisory Team, a financial advisory
    practice of Ameriprise Financial Services Inc. He offers fee-based financial planning
    and asset management strategies and has been in practice for 29 years.
    The Pay Yourself in Retirement study was created by Ameriprise Financial utilizing
    survey responses from 1,305 Americans ages 55 to 75 with investable assets of at
    least $100,000. The online survey was commissioned by Ameriprise Financial, Inc.,
    and conducted by Artemis Strategy Group from November 16–22, 2015.
    Investment advisory products and services are made available through Ameri- prise
    Financial Services, Inc., a registered investment adviser.
    Ameriprise Financial Services, Inc. Member FINRA and SIPC
    © 2016 Ameriprise Financial, Inc. All rights reserved. File #1438828

    Like most Americans, you’ve probably spent years working to achieve the retirement of your dreams. There comes a point when this milestone changes from a distant goal to an imminent reality. You can make your first year away from work more rewarding and less stressful if you anticipate potential challenges and prepare for how you…

  • The Hidden Costs of Probate Court

    As an estate planning attorney, I spend my time helping my clients stay out of court.
    We value privacy, confidentiality and self-determination. Making one’s estate plan is one of our country’s most valued opportunities to exercise personal freedom of choice. The alternative is letting the court decide through guardianship, conservatorship, probate, district, circuit, federal or other administrative forums. The court should, in my opinion, always be the last resort.

    It does take time, energy and courage to face our mortality; however, I encourage each and every one of you to take this precious opportunity to exercise this unique privilege afforded by our country to make your own decisions with regard what happens with your assets when you are not here. Here are some differences between making your own estate plan and relying on court:

    Good Estate PlanIn Court
    CollaborativeConflict-driven
    Relationship preservationDivisive
    Private with dignityPublic
    ControlLoss of control
    Time-sensitiveTime-consuming
    Cost-sensitiveCostly
    Emotionally satisfyingEmotionally draining
    Value-driven and process-orientedProcedural-driven

    Take the opportunity to carefully determine how you would like to be cared for all the way through the end of your life.

     


    STEPHEN B. YIM, Attorney at Law
    2054 S. Beretania St., Honolulu HI 96826
    808-524-0251  |  stephenyimestateplanning.com

    The Hidden Costs of Probate Court by Stephen B. Yim, Attorney at Law from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Hiring Strangers as Caregivers

    As a new parent, you were terrified at the thought of allowing anyone to care for your infant out of your presence. Perhaps you would consider as a babysitter a pediatrician, who handed you a certified criminal background check from the FBI, along with three references — with one being from the Pope, but even then you would hesitate until they could memorize the telephone number to poison control.

    And as your child grew, your distrust of others never wavered. Did you smell alcohol on that bus driver’s breath? Did your daughter’s prom date leave the house with a full tank of gas? Is that a tattoo you see on your son’s roommate? Is he part of a gang?

    Paranoia and distrust can be a good thing. In fact, one might say it is part of being a responsible parent.

    Unfortunately, the same attention to safety is often not applied to hiring someone to care for our parents. People often hire caregivers from the internet, making cost the deciding factor. We assume that anyone who is willing to work as a caregiver must be a good person. Who else would want to change adult diapers and constantly monitor someone who is no longer independent? Sadly, this is not always true.

    OctNov2016 - hiringstrangers_image1

     

    How can you tell whether the person you hire has your loved one’s best interests in mind or their own?

    Check their references. It would be nice just to trust someone’s word, but the time spent verifying if they indeed did a good job is invaluable. Do not feel you are embarrassing the prospective caregiver or signaling that you don’t trust them by calling their previous employer. When they provided references, they knew there was a possibility you would check them.

    Another priority is to do a criminal background check. Go to the Hawai‘i Criminal Justice Data Center for more information on how to perform a Criminal History Records Check online or in person. You can call them at 808-587-3100.

    Also, make sure that the caregiver’s experience is appropriate. If their previous clients could walk, does the caregiver know how to transfer a person in a wheelchair? What about bathing them?

    Additionally, write down your expectations for care. This checklist will be helpful when you interview caregivers and can serve as a contract or written agreement. A list of duties that you and the caregiver agree upon also avoids miscommunications that could give you an impression of poor job performance or laziness.

    It is said that a drowning man will grab the blade of a sword to save himself. When people find that they need to hire a caregiver, they are often desperate and overwhelmed with the decisions they have to make in caring for their family member. Don’t let these feelings force you to hire just anyone who answers your call for help. Take the time to hire the right person to care for your mom or dad. They did the same for you when you were young.

     


    To report suspected elder abuse, contact the Elder Abuse Unit at 808-768-7536  |  ElderAbuse@honolulu.gov

    Hiring Strangers as Caregivers by Scott Spallina, Senior Deputy Prosecuting Attorney from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Rollover Your IRA for Good

    If you are 70½ or older, rather than simply take your withdrawal this year, you can direct your IRA administrator to distribute a gift from your IRA to a 501(c)3 charity. Any amount you transfer counts against your required minimum distribution (RMD), but does not increase your income. You can direct up to $100,000 to your favorite charitable causes this year.

    Three Reasons for Making a Rollover Gift

    1) If you take the standard deduction on your income taxes and make charitable gifts, you receive no tax benefit on an outright gift. In effect, you pay taxes on your charitable gifts.

    2) Donors who do itemize deductions can reduce their taxable income and may even be able to switch to the standard deduction if it is greater than their itemized deductions.

    3) Making an IRA rollover gift may reduce your provisional income under Social Security (and thereby reduce income tax that might otherwise be required on Social Security benefits). You might want to check with your tax advisor to see if this situation affects your taxes.

    Making an IRA rollover gift is very easy. Contact your IRA administrator. Because of the popularity of the rollover, most administrators provide forms and a convenient procedure to help you make a rollover gift.

    If you have questions, give us a call.

     


    NATIONAL KIDNEY FOUNDATION OF HAWAII
    808-589-5976  |  jeff@kidneyhi.org

    For Planned Giving: www.kidneyhawaii.org
    Main:  www.kidneyhi.org  |  www.kidney.org

    Rollover Your IRA for Good by Jeffrey B. Sisemoore, JD, National Kidney Foundation of Hawaii from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Secret Money for Veterans

    OctNov2016 - secretmoney_image1Many veterans believe that they have to have suffered an in-service disability to qualify for U.S. Department of Veterans Affairs’ monetary benefits. This is a common misconception.

    Depending on their health status, income and assets, many senior veterans and their dependents or surviving spouse can qualify for not only basic “Improved Pensions” based on low income, but also for supplemental benefits. The supplemental benefits are called “Housebound Benefits” and “Aid & Attendance Benefits.”

    PENSION BENEFITS

    To qualify for any of these pension benefits, the veteran (or surviving spouse, based on the veteran’s military service record) must satisfy the following general criteria:

    • The veteran must have served at least 90 days of active duty.

    • At least one of the 90 days of active duty must have been during wartime. Dates have been officially defined for the beginning and end of World War II, the Korean War and the Vietnam conflict. The Gulf War, which began Aug. 2, 1990, is not concluded yet.

    • The veteran must have received a discharge other than dishonorable.

    • The claimant and household must have limited income and assets.

    • The claimant must have a permanent and total disability at the time of application (note that a surviving spouse can qualify for a basic low-income pension without being disabled, but the veteran must be disabled — although the disability does not have to be related to wartime or military service).

    • The disability must have been caused without the willful misconduct of the claimant and must not have been due to alcohol or drug abuse.

    HOUSEBOUND & A&A BENEFITS

    As the name implies, Housebound Benefits are payable when the claimant is substantially confined to his or her home because of permanent disability. To qualify for Aid & Attendance Benefits, the claimant must:

    • Require the aid of another person in order to perform personal functions for everyday living 
(such as bathing, eating, dressing, toileting, transferring from bed to a wheelchair or dealing with incontinence), OR

    • Be bedridden, in that he or she must remain in bed apart from any prescribed course of convalescence or treatment, OR

    • Be a patient in a nursing home due to mental or physical incapacity, OR

    • Be blind or have very poor vision.

    Applying for these supplemental benefits is not a quick or simple process, and you may want to enlist the help of a veterans’ assistance organization or a specially-trained individual. Note that whoever assists with the application cannot charge a fee for that service. However, if the individual or organization performs other services, fees may be incurred.

     


    SCOTT MAKUAKANE, Counselor at Law
    Focusing exclusively on estate planning and trust law.
    www.est8planning.com
    O‘ahu: 808-587-8227  |  maku@est8planning.com

    Secret Money for Veterans by Scott A. Makuakane, Counselor at Law, Est8Planning Counsel LLLC from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Prepare for Retirement Milestones

    Aging investors face eight milestone decisions dictated by Social Security, Medicare and the IRS, that will likely impact their retirement savings and investment portfolio. Take steps now to prepare.

    OctNov2016 - prepareforretirement_image1Age 50: IRS rules for 2016 allow those 50 and older to increase their retirement savings by investing an additional $1,000 per year (for a maximum of $6,500) in each IRA, and another $6,000 per year (to a maximum of $24,000) in a workplace retirement plan such as a 401(k).

    Age 55: If you retire in the year you turn 55 or later, this is your first opportunity to take penalty-free withdrawals (income taxes still apply) from employer-based qualified retirement plans. While tapping into your retirement income may make sense for you, before taking action, consider the impact early withdrawals will have in later years.

    OctNov2016 - prepareforretirement_image2Age 59½: You may begin to take penalty-free distributions from IRAs and potentially from qualified work plans (check with human resources to see what rules apply to you). Again, early withdrawals from your nest egg put your long-term financial stability at risk. Taxes are due on distributions attributable to pre-tax contributions and earnings.

    Age 62: You may start receiving Social Security (SSA) benefits, or wait until a later age and receive a larger benefit. If you begin benefits at age 62 and are still employed, your SSA check may be reduced until you reach full retirement age (defined below).

    OctNov2016 - prepareforretirement_image3Age 65: You qualify for Medicare coverage. You’ll automatically be enrolled in Medicare Parts A and B if you’re receiving Social Security at this time. Otherwise, you need to apply for Medicare during the three months before or after your 65th birthday month. Medicare is complex, so take time to learn all your options.

    Age 66–67: Depending on your birth year, Social Security “full retirement age” is 66 or 67. Visit www.ssa.gov/planners/retire/retirechart to learn which age applies to you. If you waited until now to receive Social Security benefits, you’ll have more ways to structure your benefits. Married couples have many options, so be sure to coordinate your decisions with your spouse.

    OctNov2016 - prepareforretirement_image4Age 70: If you haven’t claimed Social Security yet, there is no advantage to waiting beyond age 70. You may consider donating your benefit amount if you have other investments that cover your expenses.

    Age 70½: By April 1 of the year after you turn 70½, you must take a Required Minimum Distribution (RMD) from your traditional IRA accounts and workplace retirement plans. Instructions for calculating your RMDs can be found in IRS Publication 590 at www.irs.gov. Distributions must be taken from every account subject to this rule, or penalties (50 percent of the amount of the RMD) will be incurred.

    To make these milestone decisions with confidence, consider hiring a financial advisor to look over your current financial position and retirement goals and help you navigate the best route.

    There’s never a better time than now.

     


    MICHAEL W. K. YEE, CFP
    1585 Kapiolani Blvd., Ste. 1100, Honolulu HI 96814
    808-952-1222, ext. 1240  |  michael.w.yee@ampf.com

    Michael W. K. Yee, CFP®, CFS®, CLTC, CRPC®, is a Financial Advisor, Certified Financial Planner ™ practitioner with Ameriprise Financial Services Inc. in Honolulu, Hawai‘i, with Na Ho‘okele Financial Advisory Team, a financial advisory practice of Ameriprise Financial Services Inc. He offers fee-based financial planning and asset management strategies and has been in practice for 29 years.Investment advisory products and services are made available through Ameriprise Financial Services Inc., a registered investment adviser. Ameriprise Financial Services Inc. Member FINRA and SIPC
    © 2016 Ameriprise Financial Inc. All rights reserved. File #1552807

    Prepare for Retirement Milestones by Michael W. K. Yee, Financial Advisor and Certified Financial Planner from the Oct-Nov 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Medicare Facts You Need to Know

    Generations Magazine - August-September 2016 - Medicare-Facts_image1More than 50 years ago, the federal government established programs designed to help Americans afford healthcare services called Medicare and Medicaid. Since both of these programs involve many variables, they require some study. To provide insight into how the coverage works, here are some facts you might not know about Medicare:

    Medicare and Medicaid Provide Most of the Same Services

    That’s true for some people. Medicare is for persons 65 and older or with other qualifying conditions, while Medicaid is for lower-income Americans based on financial need.

    Medicare Coverage has Four Parts

    • Part A covers inpatient stays in hospitals, skilled nursing facilities, hospice facilities and sometimes, home-based healthcare services.

    • Part B covers doctor visits, durable medical equipment, home health services and qualified preventive services. Parts A & B are sometimes called “Original Medicare.”

    • Part C (Medicare Advantage plans) combines Part A, Part B and usually prescription drug coverage from private insurers.

    • Part D covers outpatient prescription drug coverage from private insurers. You must be enrolled in Part A or Part B to receive Part D coverage.

    Medicare is Not Free for Most of Us

    While Part A comes with no monthly premium if you have a 10-year history of paying Medicare taxes, unless you qualify for assistance, you will be responsible for deductibles and coinsurance costs. For example, the deductible for 2016 is $1,288 for each benefit period and coinsurance varies with the length of the hospital stay. The part B premium is $121.80 but most persons only pay $104.90. Beneficiaries with incomes that exceed specific thresholds may pay more.

    With Original Medicare, There are No Networks to Worry About

    You’re free to go to any doctor or hospital that accepts Medicare, even outside of your home state.

    You May Need Supplemental Insurance in Addition to Medicare

    There are limitations to Medicare coverage, therefore, you may need additional coverage depending on your current or future health needs. Carefully review what each part covers before enrolling and ask other insurance providers how their coverage complements Medicare.

    The federal government and most states provide resources to help you understand your options and guide you through the Medicare enrollment process. Be prepared — start learning more today, so you’re ready when you become eligible for Medicare coverage.

     


    MICHAEL W. K. YEE, CFP
    1585 Kapiolani Blvd., Ste. 1100, Honolulu HI 96814

    808-952-1222, ext. 1240  |  michael.w.yee@ampf.com

    Michael W. K. Yee, CFP®, CFS®, CLTC, CRPC®, is a Financial Advisor, 
Certified Financial Planner ™ practitioner with Ameriprise Financial Services Inc. in Honolulu, Hawai‘i, with Na Ho’okele Financial Advisory Team, a financial advisory practice of Ameriprise Financial Services Inc. He offers fee-based financial planning and asset management strategies and has been in practice for 29 years.
    Investment advisory products and services are made available through 
Ameriprise Financial Services Inc., a registered investment adviser.
    Ameriprise Financial Services Inc. Member FINRA and SIPC
    © 2016 Ameriprise Financial Inc. All rights reserved. File #347750

    Medicare Facts You Need to Know by Michael W. K. Yee, Financial Advisor and Certified Financial Planner from the August-September 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Put Your Voice Into Your Estate Plan

    Singing has always been a passion of mine — with my brothers, in choirs or in the shower. In choir, when the director handed out new music, I remember looking at the black notes on the white sheets of paper and thinking that the music made no sense, and it’s going to be really boring to sing.

    As our choral group rehearsed and blended in harmony, the melody would always come to life and become a beautiful story in song—even more so as I connected more with the composer of the music, and the meaning and emotion the author intended to convey.

    Everyone’s voice is unique, textured and lovely in its own way. When everyone sings in harmony, it makes the song exponentially more beautiful.

    An estate plan has been regarded “as the sole, authentic voice of a man who is dead.” However, much like that sheet of paper with notes on it during the first day of choir practice, if left as a template legal document, without the maker breathing life (voice) and personal meaning into it, the legal document will remain sterile, sometines rendering it almost meaningless.

    What is at risk in this case is family harmony.

    Family members will apply their own song and lyrics to the document in the absence of the ma-kers’s voice, rather than being able to hear and honor the loved one’s story.

    When you work with your attorney to establish or update your plan, to ensure harmony, please remember to make sure to incorporate your unique, textured and dynamic solo voice.

     


    Stephen B. Yim, Attorney at Law
    2054 S. Beretania St., Honolulu HI 96826

    808-524-0251  |  www.stephenyimestateplanning.com

    Put Your Voice Into Your Estate Plan by Stephen B. Yim, Attorney at Law from the August-September 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Drive-By Victims: Homeless Seniors

    Charlie (not his real name) is a 68-year-old veteran who lives with several hundred people under the viaduct near Honolulu International Airport. This large group of homeless people (or as law enforcement calls them, “residentially challenged”) has formed a community. Unfortunately, as in most communities, there are persons who prey on seniors like Charlie.

    One day, Charlie was sitting near his belongings when a camp member approached him, demanding his flashlight. When Charlie refused, the man hit him on the head with enough force to knock him down and create a three-inch gash.

    Charlie was my introduction into the homeless senior victim arena. In 2008, when I was creating the elder abuse team at the Prosecutor’s Office, I imagined my victims to be found in care homes, relatives’ homes, or their own homes. Little did I realize that a large portion of my cases happen where the victims have no homes at all. Throughout the years, I was reminded of this fact over and over again.

    My first murder case involved a homeless senior looking for shelter at a church in Mānoa. Unfortunately, he found another homeless man instead, David Orpin, who beat him to death for “invading” his territory. Another particularly violent case happened (again, near the airport viaduct) when a homeless man rode his bicycle up to a pair of senior women who were using the overpass for shelter. The bicyclist made obscene comments and exposed himself. When the younger woman ran for help, the bicyclist brutally assaulted and raped the 75-year-old.

    Some of my more violent cases occur in places open to the public that most of us just drive by without notice. Our attention is only drawn when homeless encampments mar the scenery, causing many to complain about how the government needs to do something about “them” to remove the homeless from our sight. Unfortunately, removing the homeless from sight will only create an environment that will breed more crimes against our elderly homeless. Now, however, when you see the tents and cardboard box shelters lining the beaches and walkways of Hawai‘i, you will know that they house not only homeless seniors, but the criminals who prey on them.

    Volunteering or donating to nonprofits that assist the homeless are good ways to help people down on their luck and to protect them.

     


    To report suspected elder abuse, contact the Elder Abuse Unit at
    808-768-7536 | ElderAbuse@honolulu.gov
    www.ElderJusticeHonolulu.com

    Drive-By Victims: Homeless Seniors by Scott Spallina, Senior Deputy Prosecuting Attorney from the August-September 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life

  • Vacation With Your Important Papers

    Hauling a massive three-ring binder or a file folder with you when you travel is imprac-tical. However, there are times when having 
your estate planning documents at your fingertips can be helpful. If you or someone close to you should experience a health emergency and can’t make decisions, how do you prove who has the authority to step in as “substitute decision maker?” Wouldn’t it be ideal to have immediate access to your advance healthcare directive and possibly other estate planning documents as well? The good news is you can.

    Generations Magazine - August-September 2016 - Vacation-Important-Papers_image1One substitute for that great big binder is a USB, “thumb” or “jump” drive. It is a thumb-sized piece of hardware that plugs into almost any computer (iPads excepted) that will store more electronic documents than you will ever need it to hold. At a bare minimum, you will want store a copy of your advance directive and your HIPAA authorization (the document that gives medical providers your permission to talk to your decision maker), but you might also want other documents, such as your durable power of attorney. The downside to this technology is that it is a piece of non-waterproof hardware that can be lost, or stolen and misused.

    Another solution is to subscribe to a service that gives you online access to your documents. Two companies that provide this service are:

    1) Legal Directives 866-363-4894, www.legaldirectives.com

    2) DocuBank 866-362-8226, www.docubank.com

    Both companies will keep your advance directive and HIPAA authorization on file and give you the ability to look at them online and print them out, or have them faxed by way of an automated system to any location. The way you access the system is by following the instructions on a credit card-sized plastic card that you are issued. This is a great solution while you are in your hometown, as well as well as when you are on the road. The major catch is that you need to have your card with you when you go to the emergency room or otherwise seek treatment.

    Generations Magazine - August-September 2016 - Vacation-Important-Papers_image2Yet another option is Internet technology that allows you to store your estate planning documents in the “cloud” and access them from any computer or laptop (including your iPad) whenever you need to, and from wherever you happen to be at the time. One example is called Cubby (www.cubby.com), but there are others on the market. When you are a Cubby subscriber, you can create a secure link that you (or your kids or your financial planner) can use to access your estate planning documents 24/7. This can be a very helpful solution in a variety of contexts — not just medical emergencies.

    Of course, all of these technologies require access to a computer, a telephone and/or a fax machine, and may require Internet access.

    If your travels take you deep into the jungles of Borneo or to the summit of Mt. Everest, you may need to do things the “old-fashioned” way and carry paper copies in a waterproof container.

     


    SCOTT MAKUAKANE, Counselor at Law
    Focusing exclusively on estate planning and trust law.

    O‘ahu: 808-587-8227  |  maku@est8planning.com
    www.est8planning.com

    Vacation With Your Important Papers by Scott A. Makuakane, Counselor at Law, Est8Planning Counsel LLLC from the August-September 2016 issue of Generations Magazine, Hawai‘i’s Resource for Life