Category: April – May 2017

  • Honor Our Elders

    As the years roll by, it is not always easy to keep perspective on the people who mean the most to us. Sometimes we forget to show the appreciation they are due.

    But it is important to remember to express our love and honor our senior citizens while they are still here.

    For example, one Sunday, a celebration honoring 98-yearold auntie Jane Chang drew an adoring crowd. Her favorite color is pink, so we all wore it. Her favorite foods are nishime, mochi and undagi, so that’s what we ate (among other things). Her favorite songs were sung and we shared testimonies about how she has touched our lives. We presented gifts to her — she was treated like a queen. Auntie Jane was touched, as well as her family and friends who joined in the special celebration.

    Auntie Jane Chang, above, seated with her family and friends at Sunday worship at the Ma¯noa District Park.
    It is good to honor seniors on their special day, and treat them with tender loving care — and don’t forget to be kind to yourself!

    If you asked a senior citizen how he or she feels about themselves, how would they respond?

    A typical senior, myself included, since I’m 63, would probably say, “Oh, I’m just an old fossil!” During a recent Sunday message, I took this to the test by giving each senior in our fellowship a small mirror. I asked each one to look at themselves for one minute. Then I asked, “What did you see?” They answered, wrinkles, white hair, sags, bags, receding hairlines. We all noticed our aging — even the younger ones. Then I asked, “Is that how Papa God sees you?” I went on to explain that God sees us as a unique, precious, beautiful and amazing gift! He sees us as His masterpieces!

    As seniors, we often see our diminishing strength; our frailty. God wants us to see our beauty. So the next time you look into the mirror, don’t focus on your wrinkles, sags and bags.

    Declare your truth. “I am beautiful. I am amazing. I am God’s masterpiece.” That’s the truth! Believe it and live it!

     


    STREAMS OF LIFE FELLOWSHIP
    Ma¯noa District Park
    2721 Ka‘aipu Ave, Honolulu HI 96822
    808-554-4513 | www.streamsoflife.org

    Services: Sundays, 10 am
    Alternative site: Ma¯noa Elementary School Cafeteria
    3155 Manoa Rd, Honolulu, HI 96822

    As the years roll by, it is not always easy to keep perspective on the people who mean the most to us. Sometimes we forget to show the appreciation they are due. But it is important to remember to express our love and honor our senior citizens while they are still here. For example, one…

  • ‘Disrupt Aging:’ Live Your Best Life at Any Age

    National bestseller Disrupt Aging: A Bold New Path to Living Your Best Life at Every Age by AARP CEO Jo Ann Jenkins is a book for anyone who wants to live a life of possibility, connection and growth.

    We’ve all read it and heard it: “50 is the new 30” and “60 is the new 40.” But Jenkins disagrees. She believes 50 is the new 50, and she, for one, likes how it looks.

    In what MIT Age Lab Director Joseph F. Coughlin has called “A brilliant and compelling new look at the future of aging,” the author shows us how to embrace opportunities and change the way we look at growing older. She encourages us to re-think the negative stories we tell ourselves and each other about aging and to instead view our later years as a period of continued growth and something to look forward to — not as a time of decline or something to fear.

    Disrupt Aging chronicles the journeys of Jo Ann and other fearless individuals working to change what it means to age in America. In her highly focused but down-to-earth personal style, she focuses on three core areas — health, wealth and self — and offers readers a new vision and practical advice that can empower them to choose how they live as they age.

    Our ability to live longer, healthier lives is one of our greatest achievements — it’s time we treat it as such. Disrupt Aging shows readers how.

    Find out more about the book and where it can be purchased through a browser search or a book title search at www.aarp.org.

    National bestseller Disrupt Aging: A Bold New Path to Living Your Best Life at Every Age by AARP CEO Jo Ann Jenkins is a book for anyone who wants to live a life of possibility, connection and growth. We’ve all read it and heard it: “50 is the new 30” and “60 is the new…

  • ‘Let’s Play Ball!’

    You hear it all the time: To stay healthy, we need to stay active. Yet as we get older, it can be difficult to find the energy and motivation to get out and exercise.

    Makua Ali‘i, O‘ahu’s premier senior softball league, provides mature athletes an opportunity to stay active and social. The “slow-pitch” softball league is the perfect activity for those who miss the camaraderie and competition of their little league days.

    The league is comprised of 18 teams and is open to players aged 60 and over. Each week, games are held at the Patsy T. Mink Central Oahu Regional Park (CORP) in Waipio. Game results published most Thursdays in the Honolulu Star-Advertiser. There is also a league exclusively for those 70 and over that plays on Friday mornings at Ala Wai Community Park. Even for those who are no longer able to participate in team sports, attending and watching the games is a great motivator to get out of the house and meet those who share interests and passions. After the game is the perfect time to talk story!

    Francis Lum, an 80-year-old member of Waipio Makules, has been playing with the league since 1997 — 20 years and counting! Even after kneereplacement surgery, he’s still going strong and coming out each week.

    Francis Lum (left) and Danny Fujimoto (right) before their Monday game.

    “I play Monday, Wednesday, Friday, then I come out practice Tuesday,” said Francis, “so that’s four days a week.”

    It’s an exciting sport comprised of amazing people and a refreshing sense of community. Hearing everyone laughing, shouting encouragement and cracking jokes would make anyone passing by want
    to join in the fun!

    New players join the teams each season. When asked how experienced the newcomers usually are, Francis said, “It’s always different. Some people like myself — I came in and I didn’t have any experience.” For these players, it’s all about being with friends and having a good time. Of course, everyone gets older each year, so it’s good to see new faces. Francis’ advice to any one of the newbies planning on joining is “make sure you stretch good before you play. That’s the main thing.”

    Sports aren’t only for the young guys. Knowledge and experience are just as important as raw strength and speed, and many of these players have more than just a few years of softball under their belts. The true test of their abilities comes during the state tournament held every year, when participating teams from O‘ahu and the outer islands compete for the championship in one of eight divisions.

    Makua Ali‘i is the perfect opportunity for seniors to get much-needed fresh air and exercise in a social setting, while engaging in some fun and friendly competition.

    Contact the Makua Ali‘i league to find out more about how you can join and play ball!

     


    O‘AHU SENIOR SOFTBALL
    808-637-5993 | www.oahuseniorsoftball.org

    You hear it all the time: To stay healthy, we need to stay active. Yet as we get older, it can be difficult to find the energy and motivation to get out and exercise. Makua Ali‘i, O‘ahu’s premier senior softball league, provides mature athletes an opportunity to stay active and social. The “slow-pitch” softball league…

  • Senior Dentistry: Concerns and Solutions

    According Harvard Medical School, the need for dentures in later life used to be a foregone conclusion. But today, three-quarters of the over-65 population retain at least some of their teeth. Although older people still suffer higher rates of gum disease, dental decay and tooth loss, they can still do a lot to keep their mouth looking and feeling younger than its years.

    Q: What are some areas of concern regarding seniors’ dental care?

    The main concerns for seniors as they age are maintaining their remaining teeth and minimizing further damage and loss. Receding gums can also be a big concern.
    In addition, insurance coverage may be minimal or nonexistent once a senior retires.

    Q: What are my options for a missing tooth?

    There are generally three options available when a person loses one or more teeth.

    1. Recommended is an implant — a standalone option that doesn’t require the presence of any of the other teeth for support. Though keep in mind:
    – implanting requires a surgical phase
    – multiple implants may need to support a bridge or denture
    – they can’t be used in every case
    – implants are generally more expensive

    2. A fixed/cemented bridge, which is basically two crowns(minimum) that act as anchors to support the missing tooth.

    Generally, teeth are needed on both sides of the space created by the missing teeth. In rare cases, the problem can be resolved with a fixed bridge with one anchor — but only if there is just one tooth missing, and the supporting teeth(anchors) must be in good health with adequate bone support, otherwise, the bridge could fail in the future, which could necessitate the need for dentures.

    3. Dentures, of which there are generally two types: A partial denture will replace some missing teeth, supported by remaining teeth. A complete or full denture is used when the teeth on one arch or both arches are missing.

    Both the partial and full dentures are removable prostheses or both can be implant-supported.

    They are the least costly of all the options unless they involve implants.

    What can seniors do to retain healthy teeth?

    Visit your dentist regularly — every six months as a minimum.

    Some insurance companies will allow for more than two teeth cleanings a year if you have diabetes (you would need to check with your respective insurance company on this).

    If you are having trouble holding the floss or toothbrush because of arthritis or diminished manual dexterity, use dental floss holders or floss picks. I recommend Cocofloss, which is especially good for those who have spaces between their teeth that constantly trap food.

    In addition, seniors can use an electric toothbrush with a large handle, which makes it easier to grip.

    A water flosser, such as a Waterpik, is also a great device that seniors can use if the task becomes too difficult.

    Mouth washes can be helpful as long as there is no alcohol in them, but they shouldn’t be used as an alternative to flossing and brushing.

    Remember, seniors’, teeth and gums need extra care and attention if they want them to stay healthy in their later years.

     


    LANCE TERAMOTO, DDS, INC.
    4747 Kilauea Ave., Ste. 101, Honolulu HI 96816
    808-725-2135 | www.smilesofaloha.com/

    According Harvard Medical School, the need for dentures in later life used to be a foregone conclusion. But today, three-quarters of the over-65 population retain at least some of their teeth. Although older people still suffer higher rates of gum disease, dental decay and tooth loss, they can still do a lot to keep their…

  • Manage Diabetes with Aquatic Therapy

    Diabetes affects people in different ways, but those with type 2 diabetes frequently suffer from heart disease, high blood pressure and nervous system damage, including impaired sensation or pain in the hands and feet. Physical activity and keeping a healthy weight can help to manage the disease and prevent diabetic problems. Although walking may be the most convenient mode of exercise, those with weight issues, peripheral neuropathy or severe weakness or pain may find weight-bearing activities difficult. However, water provides a low-impact, safe environment ideal for type 2 diabetics.

    The virtual weightlessness of being in water reduces stress on joints, bones and muscles. Water resistance provides the strength training needed to decrease blood sugar levels. Aquatic exercise burns calories more efficiently. A 30-minute walk on land burns 135 calories compared to 264 calories walking in water.

    Benefits also include less soreness, increased circulation and improved balance and flexibility.

    Don’t let diabetes drag you down. A safety-conscious aquatic-based therapy program can help keep you afloat by increasing energy, and improving physical and psychological well-being.

     


    MOON PHYSICAL THERAPY, LLC
    320 Ward Ave., Ste. 107, Honolulu HI 96814
    Aquatic, Land-based and Manual Therapy and
    Cardiopulmonary Rehab Programs
    808-597-1005 | www.moonpt.com
    Like me on Facebook: Moon Physical Therapy, LLC

    Diabetes affects people in different ways, but those with type 2 diabetes frequently suffer from heart disease, high blood pressure and nervous system damage, including impaired sensation or pain in the hands and feet. Physical activity and keeping a healthy weight can help to manage the disease and prevent diabetic problems. Although walking may be…

  • Acupuncture, Chinese Medicine & Kidneys

    Our kidneys make up an important system in our bodies. They are responsible for many vital functions, such as removing wastes from our blood, controlling blood pressure and keeping our bones strong, for example. Such an important organ system deserves our best care and effort so we can keep it functioning well for our entire lives. Unfortunately, however, over 31 million people — nearly 10 percent of the population of the United States — are estimated to suffer from kidney disease and the number is increasing. Risk factors include being over 60 years old and having diabetes, high cholesterol and heart disease. The current treatments for chronic kidney disease (CKD) and kidney failure consist of medications to control symptoms, dialysis, and in some cases, surgery or transplantation. While these procedures can save and prolong lives, they are invasive and can cause severe side effects.

    There are other options. One of the most helpful, effective and perhaps most unknown in America today is acupuncture and Chinese medicine. This 5,000-year-old medical science from ancient China has a long historical record of treatment of many different organ system diseases and a vast array of problems in the body. Within this system of healthcare, acupuncture treatment can be very effective in improving circulation and blood flow into areas of the body where there may be blockages or restrictions caused by kidney disease.

    Chinese medicine uses thousands of herbs that can be specially combined to strengthen and assist the kidneys. It can also promote and support our vital organs and functions in the body by increasing oxygen and nutrient content in the blood to support the body’s intrinsic self-regulation and healing mechanisms. When used in combination with correct nutrition and conventional care, these methods can often significantly improve the functioning of the kidneys. From a Chinese medicine perspective, many cases of kidney disease and failures are treatable.

    The healing power of our bodies is amazing.

     


    LUNA ACUPUNCTURE & WELLNESS LLC
    503-853-2866 | James@LunaAcupunctureWellness.com
    www.LunaAcupunctureWellness.com

    Our kidneys make up an important system in our bodies. They are responsible for many vital functions, such as removing wastes from our blood, controlling blood pressure and keeping our bones strong, for example. Such an important organ system deserves our best care and effort so we can keep it functioning well for our entire…

  • Walk With a Doc on O’ahu

    L–R: UHA Director Howard Lee (WWAD O‘ahu sponsor), Vic Harris, Dr. Theresa Wee, Lori Wallace and Dr. Craig Kadooka.
    Walking is low-impact and has the lowest dropout rate of any physical activity. In fact, walking as little as 30 minutes a day can have tremendous health benefits, such lower blood pressure and blood sugar levels, improved mood, reduced coronary heart disease and much more.

    Founded in February 2016, the Walk with a Doc (WWAD) on O’ahu program includes many ku¯ puna, along with family and friends of all ages. This collaborative effort between Dr. Theresa Wee and the UHA Health Insurance Company is a great example of how individuals and groups can work together to promote health in the community. This walk is free and open to all ages and fitness levels.

    The walk begins with a health tip by Dr. Wee or another qualified health professional, then a five-minute warmup. Each individual in the group walks at his or her own pace for 50 minutes, followed by a cooldown with fruit refreshments donated by Stay Fit Physical Therapy. Perhaps the greatest benefit of all is the support and motivation contributed by each participant. They share stories of successes, struggles, and create an instant bond and camaraderie.

    Walking is truly the miracle drug, especially for our ku¯ puna. Come out any Saturday at 8am at Central Oahu Regional Park (meet near the tennis courts) for exercise, fun and fellowship.

     


    WALK WITH A DOC
    808-677-9988 (Dr. Wee) | www.walkwithadoc.org

    Walking is low-impact and has the lowest dropout rate of any physical activity. In fact, walking as little as 30 minutes a day can have tremendous health benefits, such lower blood pressure and blood sugar levels, improved mood, reduced coronary heart disease and much more. Founded in February 2016, the Walk with a Doc (WWAD)…

  • Caring for Ku¯puna with Chronic Disease

    In 2014, the Hawai‘i Department of Health, Chronic Disease and Health Promotion Division reported that 82 percent of the state’s adults have at least one of the following chronic diseases or conditions: heart disease, heart attack, stroke, diabetes, asthma, disability, cancer, chronic obstructive pulmonary disease and obesity. In addition, kidney disease can lead to loss of kidney function and become a chronic disease, which is on the rise in America.

    Chronic kidney disease (CKD), is a condition that causes a gradual loss of kidney function over time. The loss of kidney function can also cause wastes and fluids to build up in the body, and lead to other health issues. People with untreated kidney disease have higher risks for developing complications like anemia, bone disease, heart disease, high potassium and other fluid buildup.

    “For many people, kidney damage may be temporary and occur quickly due to changes in kidney function from illness, injury or taking medications,” said Marissa Ramos, a Honolulu home healthcare nurse. “If not treated properly, kidney damage can become a chronic condition, often without one knowing — especially if it is related to other underlying conditions, such as diabetes or high blood pressure. Regular health screenings and tests are key in detecting risks for kidney disease. We see and often care for clients with multiple health issues, such as diabetes, uncontrolled high blood pressure or congestive heart failure. We focus on early detection, education and proper care, which can slow the progression of kidney disease and help avoid kidney failure.”

    Licensed home healthcare is becoming increasingly more important for seniors needing medical services for CKD. Home healthcare agencies accredited by The Joint Commission that adhere to high standards of care can provide a clinical team that supports medical services treating CKD in the home. Home healthcare nurses and caregivers can work one-on-one with clients to better manage their medical care, medications, renal dialysis and nutritional decisions, and monitor for any healthrelated changes before they become problematic.

    Experienced and accredited home healthcare agencies are able to deliver high-quality care and offer critical assessments for seniors diagnosed with multiple diseases and CKD.

    “We work closely with family members — usually adult children taking on the role of primary caregiver for their loved ones living with chronic diseases,” said Janet Grace, a home healthcare sales and marketing director. “Our clinical teams develop a personalized, safe and cost-effective care plan that goes a long way in reducing risks for complications and emergency room visits. With CKD, skilled nurses focus on providing ongoing education for families regarding kidneyfriendly best practices and preventative steps to slow the progression of the disease. Working closely with our seniors and healthcare professionals is critical to evidencing better treatment outcomes and a higher quality of life for those living with chronic kidney disease.”

     


    ATTENTION PLUS CARE
    Accredited by The Joint Commission
    1580 Makaloa St., Ste. 1060, Honolulu HI 96814
    808-739-2811 | www.attentionplus.com
    AGING IN HAWAII EDUCATIONAL OUTREACH PROGRAM
    by Attention Plus Care – a program to provide resources for
    seniors and their families, instructed by a registered nurse,
    who covers a different aging process each month.
    For class information on kidney disease and upcoming
    topics, call 808-440-9356.

    In 2014, the Hawai‘i Department of Health, Chronic Disease and Health Promotion Division reported that 82 percent of the state’s adults have at least one of the following chronic diseases or conditions: heart disease, heart attack, stroke, diabetes, asthma, disability, cancer, chronic obstructive pulmonary disease and obesity. In addition, kidney disease can lead to loss…

  • A Lesson in Patience and Gratitude

    My mother had always been a healthy, determined and spirited woman who was guided by her faith. With a high degree of humor and a strong work ethic, my mother, Tokiko Suda, along with my father, Sakae, raised four children and operated several restaurants in Honolulu. She had always been a source of inspiration and strength for me as I saw her and my father work six days a week, 14 to 16 hours a day for over 25 years.

    And so it was with great heartache and sadness that my mother began to demonstrate symptoms of dementia at age 97. She had become paranoid, despondent and forgetful, and had lost interest in the activities and routines of the day that were once of great importance to her. Her spirit was waning. Our pillar of strength was weakening.

    Tokiko Suda (center) with sons Barry and Brian.
    I, my wife, Pamela, and my siblings were well aware of the indicators that manifested in people with dementia. My father had suffered from Alzheimer’s disease approximately 20 years prior and my mother had very similar symptoms.

    As the dementia advanced, my mother needed more assistance with eating, bathing, getting dressed, going to the bathroom and other daily living activities. What were once basic, everyday tasks became an undertaking that required a significant amount of time, strength and stamina from both my mother and me.

    Just as important as providing help with these daily tasks is the ability to be patient and compassionate with those suffering from dementia. I think most people, like myself, have some level of compassion and sympathy for their ailing loved ones. But it was patience that I had lacked…

    Due to my mother’s advanced age, osteoporosis and dementia, she wasn’t able to do simple daily living activities as quickly and efficiently as she was once able to. I was aware of what she was and wasn’t capable of doing for herself, but there were times when it would slip my mind and I would become impatient with her. I would raise my voice and ask her to hurry when she had to be dropped off at the adult day health program that she attended.

    But even with my impatience and frustration apparent in my tone, my mother never expressed dissatisfaction with my behavior. She would always say that she was thankful for what her family was doing for her and acknowledged that she was very fortunate. She would then laugh at her inability to do some things that were once second nature to her.

    My mother’s gratitude and sense of humor during these trying moments showed me that she was managing her situation the best way possible. I would come to understand that she had been demonstrating her patience with my shortcomings by quietly reminding me that she was thankful and appreciated each day with us.

    Her great attitude gave me the ability to be a little more patient with all matters and served as a reminder of how humor is good for your well being. We will all get older one day and we may not be as independent as we once were. When that time comes, I will strive to remember to appreciate the patience of others.

    My mother had always been a healthy, determined and spirited woman who was guided by her faith. With a high degree of humor and a strong work ethic, my mother, Tokiko Suda, along with my father, Sakae, raised four children and operated several restaurants in Honolulu. She had always been a source of inspiration and…

  • Estate Planning From the Inside Out

    I’ve noticed that many people approach estate planning from the outside in, rather from the insideout. For example, many people want to “avoid probate” or “minimize tax” as a primary goal — good goals, for sure. If we stop there, we miss the opportunity to explore the deeper meaning underlying these goals, such as ensuring that we provide our loved ones as much as we can with assets to supplement their lives, and provide each of them the opportunity to grow, and develop and enjoy the most meaningful life possible.

    Take the family home, for example. Often, people want to make sure that their children “get the house equally.” Without exploring underlying values and prioritizing concerns, we may not get to the deeper meaning such as: that they love their children equally; that they want to ensure that each of their children has a place to live; and that they want their children to get along and support each other. In prioritizing these concerns, they find that their children getting along with each other is the most important hope or goal of all.

    Understanding this, the attorney can add provisions to ensure that the children don’t fight over the family home.

    When we take the time to explore our values with the guidance of a skilled estate planner, we can mirror and reflect our deepest values, and can gain true peace of mind to know that our intentions will be clearly spoken — when we can no longer speak.

     


    STEPHEN B. YIM, ATTORNEY AT LAW
    2054 S. Beretania St., Honolulu HI 96826
    808-524-0251 | stephenyimestateplanning.com

    I’ve noticed that many people approach estate planning from the outside in, rather from the insideout. For example, many people want to “avoid probate” or “minimize tax” as a primary goal — good goals, for sure. If we stop there, we miss the opportunity to explore the deeper meaning underlying these goals, such as ensuring…

  • My Elder Abuse Teacher

    It wasn’t the mainland trainings or the thousands of cases I have handled that have given me the greatest insights into elder abuse. No. The best “teacher” I have had regarding dealing with the complexity and emotional stress of dealing with these crimes has been through helping my mother-in-law over the years. “Mary” (not her real name because my wife would be upset if I used it) is a sweet, trusting lady who seems to have a bright neon target on her forehead inviting scam artists to try and take advantage of her. After each encounter or near miss with a fraudster, I gained a deeper understanding of elder abuse.

    One lesson my mother-in-law taught me was to beware of “friendly strangers.” There have been multiple instances of strangers approaching Mary inside a big-box store, following her out to her car, trying to engage her in small talk and asking if they could help her. Fortunately, Mary can’t tolerate dialogue that is not related to stopping land development or fluoridation of our drinking water. Her impatience to inane small talk and her stubbornness in accepting help from anyone has saved her and our family untold hardships by closing the door on potential encounters that could have developed into exploitation. If more seniors turned off the aloha (sometimes, being downright rude) to suspiciously friendly strangers, the many crimes I have prosecuted would never have happened.

    The scam artists who have successfully taken advantage of my mother-in-law, however, have not been strangers who have approached her, but swindlers she unknowingly invited into her life.

    Upon retiring from her job, Mary wanted to use her time to help family and friends. Unfortunately, this was around the same time people were talking about Y2K — the year was going to change from 1999 to 2000. Some thought the event was going to send civilization back into the Stone Age.

    Mary met people who were “planning” for this much-talked-about apocalypse and were concerned enough about her to sell her end-of-theworld- proof supplies and advise her to cash in annuities and sell stocks. With the anxiety many people felt about this event supported by media hype, cons flourished. Countless people like Mary who were concerned about the safety and wellbeing of their loved-ones spent a lot of money preparing for a calamity that never happened.

    What this taught me early on was that there are people who will use existing fears or create uneasiness themselves in order to cause people to make emotional decisions with their money. Similar to going into a car lot without doing research on the make and model you want, you allow the salesman the ability to ply you with emotional imagery of you behind a wheel of a vehicle not necessarily suited to your needs or budget. Spending money based on emotion rarely turn out well.

    In the next issue, I will review my mother-inlaw’s encounters with a convicted felon, a disbarred lawyer and a group being watched by none other than the FBI.

     


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

    It wasn’t the mainland trainings or the thousands of cases I have handled that have given me the greatest insights into elder abuse. No. The best “teacher” I have had regarding dealing with the complexity and emotional stress of dealing with these crimes has been through helping my mother-in-law over the years. “Mary” (not her…

  • What Does It Mean to Be a Trustee?

    A trustee is what the law calls a fiduciary. A fiduciary is a person who is responsible for taking care of something that belongs to someone else. Under the law, fiduciaries owe legally enforceable duties to the beneficiaries — the people or charities on whose behalf they handle assets.

    A trust is a legal relationship that results when a person (often called a trustmaker, a settlor or a grantor) makes an agreement with a trustee to handle assets for the benefit of one or more beneficiaries. The agreement is normally set out in a written document — the trust instrument or the trust agreement. The first and foremost duty of any trustee is to read, understand and faithfully follow the exact terms of the trust instrument.

    Once the trust agreement is made, the trustmaker transfers property to the trustee. The trustee actually becomes the legal owner of the property. However, the “real” owners of the property are the beneficiaries, who are said to be the equitable or beneficial owners; they are the ones who are supposed to benefit from the property.

    A trust can have more than one trustee at a time. Each co-trustee must decide for himself or herself how best to carry out his or her fiduciary duties. Beware that a co-trustee can be held responsible for another co-trustee’s breach of a fiduciary duty. Thus, it is important that all cotrustees pay close attention to everything that is done in the administration of the trust. Any question or problem should be communicated to the other co-trustee or co-trustees immediately. Generally, when there are two co-trustees, both must agree on all matters of trust administration. When there are three or more co-trustees, the majority rules.

    In order to minimize the chances of being held responsible for someone else’s poor judgment or breach of duty, a cotrustee should be sure to make a written record of any points of disagreement about trust business. In extreme cases, a co-trustee may be required to blow the whistle on other co-trustees’ activities.

    If you ever have questions about what to do as trustee, you should seek appropriate advice immediately. You should not hesitate to consult your lawyer, your CPA or other advisors.

    The fact that you have been named as a successor trustee in someone’s trust instrument does not obligate you to accept that position. You must consider your decision to accept the job of trustee very carefully.

    Once you accept the position, you accept all that goes with it. It is a position of great honor that involves great responsibility.

     


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

    A trustee is what the law calls a fiduciary. A fiduciary is a person who is responsible for taking care of something that belongs to someone else. Under the law, fiduciaries owe legally enforceable duties to the beneficiaries — the people or charities on whose behalf they handle assets. A trust is a legal relationship…