Planning for Military Personnel

An article entitled "Financial planning challenge looms large for those in military", published by the Dallas Morning News, and made available online by the Boston Globe, on October 1, 2006, examines the broader financial & legal planning needs of members of the military and their families. The article is available online here.

Due to their jobs and stations, the futures of military personnel are less predictable than those of civilians:

"The relative uncertainty is the key thing that does make it critical to plan," said Joseph Montanaro, a certified financial planner at USAA Financial Planning Services and a lieutenant colonel in the Army Reserve. "In the military, we say, `Let's get our house in order before the order comes.' "

Worse, the career of a soldier, Marine, sailor, or airman can end in injury or death.

"You've got to go into a mobilization with that mindset -- just in case, how do I take care of my family to the best of my ability in case I don't come back or in case I don't come back whole?" said Jeff Pugh, a police officer in Arlington, Texas, and a major in the Army Reserve.

The article discusses common concerns and needs of a service man or woman, including debt counseling, direct deposit, electronic payments, savings, and legal documentation. One aspect of such documentation is a "living will", which has received special attention lately in the press. See my previous posting here.

The article concludes by offering some practical points:

Make sure your bank and credit accounts are joint .
* * *
Draw up important documents, such as your will, durable power of attorney, medical power of attorney, and living will.
* * *
Review your insurance policies.
* * *
Keep saving consistently.

The article further cites Military Money magazine as a helpful source of practical, personal advice for service personnel and their families.

Caveat: Planning still may not avoid controversy, as indicated in an article by Thomas W. Krause published October 4, 2006, in The Tampa Tribune entitled "Injured Marine's Care Divides Family", available here:

The family of a Pasco County sheriff's deputy who was severely injured while serving in Iraq is at odds over who should make his medical and legal decisions.

In December 2004, less than three weeks before Joshua Cooley was called to active duty, he got married. Christina Cooley's lawyer said Joshua assigned her power of attorney before he was sent to Iraq.

Cooley's mother and brother, however, think it would be in his best interest if they made his decisions. The two sides are in court fighting over guardianship.

The guardianship division of the Hillsborough County Circuit Court temporarily assigned Cooley an attorney to make his decisions while the family works out the details. A hearing scheduled for Tuesday was postponed so family members could try to work out a compromise.

"I have always found that mercy bears richer fruits than strict justice."
-- Abraham Lincoln (1809-1865), from a speech in Washington D.C., 1865

"Practical Dispute Resolution" Seminar on "National Conflict Resolution Day"

"Practical Dispute Resolution" will be the topic of discussion at the Sixth Annual "Arthur L. & Harry B. Goldberg Lecture Series in Law" to be held on Thursday, October 19, 2006, from 3:00 to 5:00 p.m. at the Harrisburg Hilton Hotel, located at One North Second Street, Harrisburg, PA.

The scheduled speakers include:

• Edward M. Marsico, Jr., the District Attorney of Dauphin County, PA, on the topic "Criminal Law Negotiations"
• Jeannine Turgeon, Judge of the Court of Common Pleas of Dauphin County, PA, on the topic "Domestic & Juvenile Conciliations"
• G. Thomas Miller, attorney & civil litigation mediator, of Miller & Miller (Camp Hill, PA), on the topic "Civil Litigation ADR"
• James A. Rosenstein, attorney, published author, & commercial mediator, of Rosenstein Associates (Philadelphia, PA) on the topic "Business Mediation"
  

Thomas E. Brenner, Esq., President-Elect of the Dauphin County Bar Association, will moderate the four initial presentations, and the subsequent panel discussions focusing on four "E" concerns arising for lawyers when considering effective dispute resolultion: Expert Testimony; Expense of the Process; Evidentiary effects; and Ethical Considerations.

Neil E. Hendershot, Esq. assisted in the planning of the seminar, and also obtained, from the Allegheny County Bar Association, a copy of the September, 2006, issue of ACBA's magazine "Today's Attorney" to be distributed to each attendee as part of the seminar materials. That entire issue was devoted to the topic "Alternative Dispute Resolution Gains Popularity"; and it will be a valuable resource.

This presentation will be held on the third Thursday in October -- October 19, 2006 -- which is also the day of the second annual "National Conflict Resolution Day". The designation of the third Thursday in October annually as "Conflict Resolution Day" was begun in 2005 by the Association for Conflict Resolution. Now that date also is recognized by the World Mediation Forum in its activities worldwide.

In 2005, in order to increase public awareness about conflict resolution and its many benefits, ACR’s Board of Directors adopted a resolution designating October 20, 2005 as Conflict Resolution Day. ACR coordinated its efforts with other conflict resolution organizations and reached out to local, state and international groups to build interest in holding local celebrations in conjunction with Conflict Resolution Day. Events were held in Canada, Portugal, and 22 U.S. states. Also in the United States, a number of counties, cities and states adopted proclamations designating day- or week-long conflict resolution celebrations. For a list of 2005 [last year's] events, click here.

The Goldberg Lecture Series in Law was established in 2000 in memory of Harrisburg lawyers Arthur L. Goldberg and Harry B. Goldberg. The annual presentation is sponsored by the Dauphin County Bar Foundation, with the assistance of the Dauphin County Bar Association, 213 North Front Street, Harrisburg, PA 17101. The law firm Goldberg Katzman, P.C. also supports the Goldberg Lecture Series.

Past annual presentations have featured topics of: effective trial court advocacy; wrongful imprisonment; presentation of the complex civil case; the Patriot Act; and the role of an independent judiciary.

Pursuant to Pennsylvania's Mandatory Continuing Legal Education Rules for Lawyers, this program will provide two hours of substantive credit for all participants who attend the entire session. There will be no fee for this CLE session.

Update on 10/20/06:

The seminar was a tremendous success. It began with a presentation by Herbert Nurick, Esq., Co-Chair of the Pennsylvania Bar Association's "Alternative Dispute Resolution Committee", of a Public Proclamation adopted by the Dauphin County Commissioners, to the current President of the Dauphin County Bar Association (Tom Gacki, Esq.) in recognition of "Conflict Resolution Day". The four eloquent presenters then conveyed practical information & pointers under the coordination of a smooth moderator to over 180 attendees equipped with extensive handout material (including original issues of "Today's Attorney" on the topic of ADR, as donated & shipped by the Allegheny County Bar Association), with portions periodically displayed on-screen by a good tech guy (me). "Mr. Arthur" & "Mr. Harry" would be proud.

Great Opportunity: 2nd Annual UTC National Conference Call

A unique opportunity is available this coming Sunday afternoon to learn more about the national form & status of the Uniform Trust Code. The UTC is the model for the recently-enacted Pennsylvania Uniform Trust Act. Both are described in a previous message found here. The PA UTA will take effect on November 6, 2006, as explained here.

On Sunday, October 15, 2006, from 1:30 to 3:30 pm (EST), anyone can "call in and listen" to the "2nd Annual Uniform Trust Code National Conference". The scheduled speakers include: David English (the Reporter for the UTC), John Langbein, Richard Davis, Suzanne Brown Walsh, Scot Boulton, & Turney Berry. The cost is FREE.

The 2006 UTC Teleconference is an activity of the UTC Project, which is sponsored by the National Conference of Commissioners on Uniform State Laws (NCCUSL), which is now in its 115th year.

NCCUSL comprises more than 300 lawyers, judges and law professors, appointed by the states as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands, to draft proposals for uniform and model laws on subjects where uniformity is desirable and practicable, and work toward their enactment in legislatures. The Conference's website may be found at www.nccusl.org.

NCCUSL introduces its UTC Project, as follows:

The Uniform Trust Code is the first national codification of the law of trusts. The UTC was approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”) in 2000. Minor amendments to the Code were made in 2001, 2003, 2004 and 2005.

The UTC has been enacted in 19 jurisdictions (Kansas, Nebraska, Wyoming, New Mexico, District of Columbia, Utah, Maine, Tennessee, New Hampshire, Missouri, Arkansas, Virginia, South Carolina, Oregon, North Carolina and, recently, Alabama, Florida, Ohio and Pennsylvania). It is under study in numerous other states. [Emphasis added, of course!]

The 2nd Annual UTC Conference is sponsored by a grant from the ACTEC Foundation, which is affiliated with the American College of Trust & Estate Counsel (ACTEC).

The website indicates that the Conference Call will originate from Providence, Rhode Island, on Sunday, October 15th from 1:00 p.m. until 3:30 p.m. But an announcement received yesterday indicates that it will commence at 1:30 p.m. I cannot determine which start time is correct.

If you are interested in listening to the discourse on the development & status of the UTC, connect to the conference call at a time you are available, as follows:

Call in Number ......1-877-802-4003
Passcode..............5336442

PA's Jack Palance Sells Personal Items at Auction

On October 9, 2006, a news article reported that veteran actor Jack Palance is auctioning off more than 3,000 personal items from his Pennsylvania home. The "City Slickers" movie star will begin the three-day sale of memorabilia at his 150 acre Holly-Brooke Farm on Thursday, October 12, 2006.

The three-day auction starts Thursday, and items going on the block range from the screen legend's old straw hat to an 1878 Steinway & Sons grand piano.

"People can spend $5 or $50,000 at this auction," said Phil Eagle, an antique appraiser who traveled from California to sort and catalog the items to be sold.

Palance, the son of a coal miner and a native of nearby Lattimer Mines, collected most of the items during trips around the world filming movies.

The 87-year-old actor, who won the best supporting actor Oscar in 1992 for "City Slickers," also is parting with more than 1,400 books, posters from his movies, his high school championship football banners and memorabilia, movie props, his saddle, boots and vest.

Several classic cars will be sold, along with a horse-drawn carriage that is being stored in the barn alongside furniture, antique store display cases, salvaged railings and architectural pieces.

The complete Associated Press article, as posted by Yahoo News, can be found online here.

The article notes that "Keystone State Auctioneers Inc. is preparing for a crowd of up to 1,000 at Palance's property." The collection items to be sold are listed on that auctioneer's website here.

In Pennsylvania, there are many such auctioneers, often utilized in the liquidation of tangible personal property by estates.

The Pennsylvania Auctioneers Association has existed for 57 years. It is self-described as "a professional organization of nearly 600 auctioneers in the Commonwealth of Pennsylvania which was formed in 1949 to unite auctioneers, provide education and monitor legislation affecting the auction industry, with the desire that buyers and sellers would be better served." PAA operates the Pennsylvania Auctioneers Accredited Continuing Education (PAACE) Program, which is a "voluntary educational program . . . for all PA-licensed auctioneers in the absence of mandatory continuing education for auctioneers in the Commonwealth of Pennsylvania."

The PAA website notes the existence of the National Auctioneers Association, and its "Accredited Auctioneer, Real Estate" professional designation, which is awarded by the National Auctioneers Association Education Institute "to qualified real estate auctioneers who meet the educational and experiential requirements of the Institute and who adhere to a strict code of ethics and standards of practice."

That website mentions the Auction Marketing Institute, founded in 1976, as an international association. It also notes the auctioneers' professional designations CAI (Certified Auctioneers Institute), GPPA (Graduate, Personal Property Appraiser), and AARE (Accredited Auctioneer Real Estate) that are awarded to properly qualified auctioneers.

These notations, a list of definitions, and other information about auctions & auctioneers all can be found here in PAA's "Frequently Asked Questions".

From a quick review of the auction list, the Palance collection appears to reflect his very energetic & accomplished life.

“One of the most important reasons for living is to do something -- live outside of yourself and put together an idea, an idea that you want to explore and then complete . . . Awaken your creative sensitivities!” -- Jack Palance

Seniors Salute Soldier

On October 10, 2006, the Lehigh Valley's Express-Times posted a news item, by Meghan Smith, on the Penn-Live website entitled "'One of the Lucky Ones' Meets Benefactors". It tells about a senior citizen group known as the Autumn Club, that had "adopted" a Pennsylvania National Guardsman during his military service in Iraq, and then held a luncheon in his honor upon his recent return home.

Staff Sgt. Wilberto Lucas, of Bethlehem's 228th Forward Service Battalion, received a hero's welcome and a standing ovation during a luncheon at the Bethlehem Township Community Center with about 60 members of the township's Autumn Club. The seniors had shipped to him weekly packages full of treats and supplies during his tour of duty. Lucas, who lives in the township, spent 18 months in Iraq before returning home to his wife and children this summer.

The Guardsman is quoted in the article expressing his appreciation to the seniors:

"I'm one of the lucky ones who made it back," the 45-year-old small engine mechanic told the seniors, who shipped him weekly care packages stuffed with treats and supplies during his tour of duty.

Calling their efforts heartwarming, an emotional Lucas said that Monday was his first opportunity since coming home this summer to match faces to the names he'd read many times in cards and letters. * * *

The emotional and physical toll of that kind of war, he said, has been hard for the husband and father of seven to take. * * *

As the guardsman was speaking, a man passing through the lobby extended his hand to Lucas.

"I just want to thank you for your service," the man said as he shook Lucas' hand.

The article compared the support that the seniors had provided to this Guardsman overseas, to the support that seasoned military personnel provide, while posted, to younger and less experienced soldiers.

* * * "I know that I've saved a lot of lives and it's important for the older generation to help the younger generation get through this."

The guidance he offers younger comrades, he said, is like the encouragement the Autumn Club seniors gave to him.

"They've been around for other wars. They survived it," Lucas said of the seniors. "We should learn from them. They could teach all of us something."

After logging through the Penn-Live portal, I found the complete article here.

Senior groups like the "Autumn Club" are spread throughout Pennsylvania, many located at Senior Community Centers. In a description found online here, the PA Department of Aging notes:

Statewide, over 650 full and part time Senior Community Centers offer people age 60 and older, and their spouses, a place to go for nutritious meals, social activities, and a range of programs such as health screenings, health and consumer education, creative arts, exercise, and other special events which are unique to individual centers.

Senior Community Centers often work with a variety of local organizations, and provide access to other community services as well. Centers also offer volunteer opportunities where older people can contribute their experience and skills in meaningful and satisfying ways.

Of the 650 Senior Community Centers approximately 100 are known as "satellite" centers where people age 60 and over, and their spouses, can get together, socialize, and enjoy group dining.

The Department advises: "For information about the Senior Community Center in your area, contact the Area Agency on Aging serving your county, or visit the website of the Pennsylvania Senior Centers at www.paseniorcenters.org."

2006 Senior Expo at AACA Museum on Oct 26th

Pennsylvania State Representative Ronald S. Marsico annually sponsors a "Senior Expo" for the purpose of educating senior citizens about resources available in the Commonwealth.

This year's "Senior Expo 2006" will be held On Thursday, October 26, 2006, at the beautiful facilities of the AACA Museum, in Hershey, PA, which is affiliated with the Antique Automobile Club of America, Inc.

An invitation to the public with expo information, entitled "Join In the Fun at Senior Expo 2006", is posted online here. It describes the four-hour, free, public exposition intended for a senior audience as follows:

Please join me for a wealth of free information, a free lunch and a free look at some great antique automobiles from 10 a.m. to 2 p.m., Thursday, October 26 in the Antique Automobile Club of America (AACA) Museum located at 161 Museum Drive in Hershey.

It is a great opportunity to learn about the services available to older Pennsylvanians, and people always seem to enjoy the opportunity to socialize and visit the museum’s great exhibits.

All of the traditional services that have made my expos so popular will be offered again this year. Vendors will be on hand with a wealth of information about government services, volunteer opportunities, health care and elder care, insurance, wills and estate planning, financial planning, recreation, and nutrition and exercise. Health screenings may also be offered.

If you would like more information about the expo, please do not hesitate to call my Linglestown Road office at 717.652-3721 or ksummers@pahousegop.com. I look forward to seeing you on October 26!

Approximately 1,500 - 2,000 folks attended last year's 2005 Senior Expo. About 1,000 people attended the 2004 Senior Expo. Both were held at the AACA Museum, where vendors' exhibits were located throughout the museum’s collection exhibition areas, giving seniors the opportunity to gather useful information while also reminiscing about the antique cars.

The setting is spectacular. The AACA Museum is a tax-exempt, charitable organization that operates a distinquished museum of automotive history, in its elegant facility located in Hershey, PA. The Museum displays vintage automobiles and related memorabilia in unique scenes & settings, as described online here:

Visitors can stroll through eight decades in time while traveling from New York to San Francisco. It’s a trip down memory lane as you recall the cars your grandparents or parents drove as well as those from your early driving days.

The Cammack Gallery features several special exhibitions each year. Changing exhibitions focus on specific manufacturers, vehicle types, and historical themes.

Continue your journey on the Museum’s Lower Level with a tour of the Museum of Bus Transportation — the largest collection of buses on display under one roof in the United States! A dozen buses and an illustrated timeline trace the history of bus transportation — from the days of crank starts and wicker seats to full-sized motor coaches complete with uniformed hostesses.

The Lower Level also houses a restored Valentine Diner, a Photo Area where you can have your picture taken behind the wheel of a vintage car, and a selection of vehicles from the Museum’s permanent collection.

Ron & his staff expect at least as large a turnout this year. More than fifty non-profit organizations or corporate service providers will be present to educate & inform attendees.

In addition, for the first time, this year's Senior Expo will feature half-hour presentations on relevant topics -- "Elder Law" at 10:30 am, "Elder Abuse" at 11:15 am, "Medicare Part 'D' Drug Coverage" at 12:45 pm, and "Personal & Estate Planning Basics" at 1:30 pm. I will make the last presentation, which will be based upon material in the "Elder Law Manual" (2005 Ed.) published by the Pennsylvania Bar Association. A copy will be given to each attendee.

This event is one of a number of such public senior expositions held at various locations in Pennsylvania. A schedule of other upcoming senior expo events, to be held in October, 2006, as listed by the Pennsylvania Office of Consumer Advocate and sponsored by other PA State Representatives, can be found online here.

Update on 10/27/06:

This event was very successful. Over 50 organizations provided extensive, free information at booths arrayed throughout the AACA Museum. Attendance was high, helped by gorgeous weather. Local television stations sent crews for nightly news coverage. Attendees offered many compliments.

The "mini-presentations", which were added later in the planning process, likewise were well-received. Rep. Ron Marsico's website updated the public invitation (found here) with details as to the presentations:

Mini Series Presentation Schedule:

10:30-11:00AM
Elder Law - Sandy Ballard / Dauphin County Bar Association Pro Bono Coordinator

11:15-11:45AM
Elder Abuse - Joyce O’Brien / PA Attorney General Public Protection Liaison

12:45-1:15PM
Medicare Part D - Jack Vogelsong / PA State APPRISE Director

1:30– 2:00PM
Personal and Estate Planning - Neil Hendershot / Widener Law School Adjunct Professor