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Plan for the Future
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Are you prepared…
- for an injury that would leave you
incapacitated and unable to work?
- who would care for the people who are
dependent on you?
- who would manage your finances and your
care?
- for a long-term illness
- for retirement?
- for death?
Find out how well-prepared you are…
Here’s a checklist of retirement planning tasks you can
use to figure out how prepared you are for your future. If
you need more information about one of the tasks in the
checklist, click on the task.
Savings Options
Most financial advisors
say you’ll need about 60 to 70 percent of your
pre-retirement earnings to comfortably maintain your
pre-retirement standard of living. According to the Social
Security Administration, under current law, if you have
average earnings, your Social Security retirement benefits
will replace only about 40 percent. In order to live
comfortably, you would need to supplement your benefits with
a pension, savings or investments.
A number of different
savings options exist. Each option has unique
characteristics related to taxes, interest rates, penalties
and savings opportunities. It is best to consult with a
financial expert who can help you figure out the best
combination of savings options for your situation.
Savings accounts.
A
savings account
with a bank or financial institution pays periodic interest
on balances held through the year. Some savings accounts pay
higher rates of interest if a minimum deposit is
maintained. Most banks give access to savings accounts by
Internet or telephone and allow transfers between savings
and checking accounts. Savings accounts generally pay lower
interest rates than other investment options.
Certificate of deposit (CD). A
CD is a type of savings account that earns a fixed interest
rate over a specific period of time usually from 3 months to
5 years. There is usually a penalty for early withdrawal.
The penalty is most often 90 to 180 days interest and the
penalty can taken from the initial investment. CD’s are
unique to each bank and may have a variety of options
associated with them including the ability to trade in a
current CD for one at a higher interest rate or to cash a CD
without penalty for nursing home payments. CD’s often
rollover into new CD’s if action is not taken within 10 days
of the maturity. Once the CD has rolled there may be new
options associated with the CD and the penalty period starts
over so it is best to check with a banker on each
investment. CD’s and savings accounts are covered by the
Federal Deposit Insurance Corporation (FDIC) up to a
specific balance.
Individual Retirement
Account (IRA).
An
IRA is a long-term investment account that is established
with a bank, credit union, brokerage house or other
financial institution that permits tax-free accumulation of
its assets. An IRA may have both deductible and
non-deductible contributions, in which earnings grow
tax-deferred, but will be taxed as ordinary income on
withdrawal. Taxes are paid, "deferred", at a later date.
When it comes time for you to withdraw the money for your
retirement — after age 59 1/2 — then the withdrawal will
be taxed as income at your ordinary income tax rate. If you
withdraw money from your IRA before you turn 59 1/2, you
will most likely have to pay both income tax and a 10%
penalty on the withdrawal; however, there are several
exceptions.
Roth Individual
Retirement Account (IRA).
The Roth IRA offers the opportunity for tax-free growth of
investment earnings and allows a person to make tax-free
withdrawals of the assets at retirement or earlier for
special purposes. The money a person places in the account
has already been taxed; therefore, the money can be
withdrawn tax free. Contributions (money paid into the Roth
IRA account) are not tax deductible. Many of the IRA rules
also apply to Roth IRA’s so it is important to obtain good
advice.
Mutual Funds.
Mutual funds are a pooling of many investors’ money
for specific investment purposes. The fund is managed by a
management company, which is responsible for adhering to the
purpose of the fund. Some mutual funds charge fees when
purchased or withdrawn – these are “front end load” or “rear
end load” funds. Others charge no fees for purchase or
withdrawals and are known as “no load funds.” All mutual
funds charge a management fee and may have other fees
associated with them. Each fund must send a prospectus to
the investor and information about fees is in the
prospectus. Each fund also sets an investment objective and
then invests in a variety of stocks, bonds and other
investments to meet the stated objective. The value of a
mutual fund changes on a daily basis. Mutual fund shares
are also subject to income and capital gains taxes unless
held in a protected account like an IRA that is taxed only
on withdrawals.
Bond.
A bond is
a certificate representing creditorship; the issuer pays
interest on specific dates and redeems by paying the
principal at maturity. Bonds can be issued by the federal
government and its agencies and by cities, counties, special
purpose authorities or other taxing authorities. Bonds can
also be issued by corporations for the purpose of raising
money on a short or long term basis. Short term bonds are
usually less than 2 years, intermediate term bonds 2 to 7 or
sometimes even 10 years and long term bonds over 10 years.
Some bonds are callable which means the issuer has the
option on certain dates to pay back the principal and stop
paying interest. The principal value of a bond changes
daily with interest rates but an investor will always
receive the face value of the bond at the maturity date.
Many bonds are rated by a nationally recognized service.
The highest rating is AAA or Aaa, then AA, A, and BAA or
Baa. Baa is the lowest rated bond allowed in a bank
portfolio and many people consider that a good rule of thumb
for personal investments. Some bonds have tax advantages
and are not really suitable for IRA accounts.
Stocks.
Stocks are a security that
represents ownership in a corporation and is issued in
"shares". Many stocks pay dividends on a quarterly basis but
are not required to and they may skip, raise or lower a
dividend. Stocks are traded on exchanges and are usually
purchased through a broker or directly from the issuing
corporation. Stocks can be among the most volatile of all
investments yet, used appropriately can be extremely
effective in protecting savings against rising inflation.
Asset Allocation.
Asset
allocation is a process by which an investor determines how
much of the total amount available for investments should be
allocated to each type of investment. Factors which
influence the asset allocation for an individual are
generally risk tolerance and time frame – when the money
will be needed. A trusted advisor can assist with
determining asset allocation and reviewing it as
circumstances change. It has been proven over and over that
investors who have a well thought out plan and adhere to it
have far greater returns than those who invest in a random
way.
The following Web
sites can provide additional information on savings options:
-
Financial Facts Tool Kit
– Produced
by the Securities and Exchange Commission to better inform
consumers about saving and investing. Tips are included on
planning for retirement, advice on investing, guides to
mutual funds, market risks, corporate and municipal bonds,
and workbooks such as "Get
the Facts: The SEC’s roadmap to Saving and Investing."
- MyMoney.gov
– The Federal
Government’s Web site dedicated to helping Americans
understand more about their money – how to save it, invest
it, and manage it to meet your personal goals.
http://www.mymoney.gov/
- Plan Your
Retirement –
Another online resource from the Social Security
Administration is Plan Your Retirement, which will help
you find information on your retirement age and deciding
when to retire.
http://www.ssa.gov/r&m1.htm
- Social Security
Administration Calculators
– The Social Security Administration has made available a
number of web-based calculators that will help you
estimate your potential benefit amounts using different
retirement dates and different levels of potential future
earnings.
http://www.ssa.gov/planners/calculators.htm
- Ballpark E$timate
– How much will you need to save to retire in comfort?
The Ballpark E$timate worksheet made available by the
American Savings Education Council can help you figure
that out. Ballpark E$timate
http://www.asec.org/ballpark/
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Options Counselor
Do you have someone you trust who can
help you sort out your options? Professionals such as elder law attorneys,
financial planners, investment advisors, life coaches, or insurance agents may
be in a position to help you sort out your long-term financial options.
The Minnesota Department of Commerce has put
together some basic information about Securities Agents, Financial Planners
and Investment Advisers. These tips should help you pick the type of
options counselor or professional to meet your needs.
Financial Planner
BEWARE!! Anyone can call themselves a Financial Planner. Minnesota
currently does not license or regulate Financial Planners. However, if a
Financial Planner provides specific investment recommendations for a fee, they
may be required to be registered by the Department of Commerce as an
Investment Adviser. Financial Planners may also be licensed as securities
and/or insurance agents. Financial Planners generally coordinate and monitor
your investment concerns and they may work with specialists in various fields. Don’t hesitate to ask for
credentials and references when deciding about entering into a relationship
with a financial planner.
Investment Adviser
An Investment Adviser makes specific investment recommendations based
on your needs and circumstances. They may simply give you advice that you can
implement on your own or they may hold your funds in an account managed by the
adviser. The Investment Adviser is paid a fee for the service they provide or
may charge a percentage of the market value of the securities in your portfolio.
Investment Advisers are federally licensed by the Securities and Exchange
Commission. In addition, the Minnesota Department of Commerce approves licenses
for Investment Advisers for business conducted in the state.
Securities Agent
A Securities Agent represents a securities broker/dealer. They make
recommendations and sell various securities for which they are paid a
commission. You do not "hire" a Securities Agent. The agent is required to make
suitable recommendations based on your objectives and needs. The final
responsibility for any securities purchase remains with the consumer. The
exception is if the client gives written authority to the agent to manage their
account. Securities Agents and Broker/Dealers are licensed by the National
Association of Securities Dealers and licenses are approved by the Minnesota
Department of Commerce.
Selecting
someone to manage your money
Selecting a financial planner is a decision
that deserves careful thought and attention. It’s your right and responsibility
to investigate their background, credentials, and how they operate.
One way to obtain information about your
Financial Planner is to call the Department of Commerce. If they are licensed as
an Investment Adviser, insurance, real estate, or securities agent, you will be
able to learn if any disciplinary action has been taken against them, their
firm, and whether they are properly licensed. An industry organization, such as
the Institute for Financial Planners, may provide more information.
Questions you should ask an adviser:
Before entering into an agreement or deciding
to invest your money, make sure you have answers to some important questions.
Call the adviser and schedule an initial consultation. Ask if they will be
charging a fee for the first meeting. Then follow up with these questions:
- Will the person you are meeting with be your
adviser or will they be supervising others that will manage your account?
- Are the recommendations based on your
individual situation? Ask to see a sample of a written plan that you will
receive.
- Does the adviser receive a commission or
have a vested interest in the products they provide?
- Can the plan be implemented with products
and services that are not provided by the adviser?
- Is the adviser easy to reach and do they
return phone calls promptly?
- How will the adviser keep you informed about
your account and other information you want?
- How many accounts does this adviser service?
- How often will there be a review of your
situation and how much will it cost?
- Has the adviser been the subject of civil
litigation or regulatory action?
- How long and under what name have they been
engaged in financial planning?
- Ask for client references.
Services that should be offered by an
Investment Adviser:
- A clearly written and individualized
financial plan. This should include a list of your own objectives and
financial needs. This should also tell you the cost to implement the plan.
- A discussion about risk. That is, how much
are you willing to tolerate? You should understand the risks and benefits of
each investment option and know what the "worst case" would be for each.
- Specific suggestions for improving your
personal cash management.
- An explanation for the basis of your plan.
This should include potential changes in interest rates and inflation.
- A range of investment options with the pros
and cons for each. You should have several alternatives.
- Additional advice, if needed, from other
professionals. This might include lawyers, accountants or stockbrokers.
- A discussion of how the recommendations are
suited to you. They should address your goals and objectives. You should also
know the liquidity and risk involved and if the recommendations provide you
with enough diversification.
- A specific schedule for monitoring your
plan. You have a reasonable expectation to receive regular written and verbal
updates. You should also have written documentation of where your money is
invested.
Avoid
abuses in Financial Planning:
The best defense against abuse in financial
planning is knowledge. Consumers who most often become victims say they came to
an adviser with no understanding of investing or financial matters. They were
unaware there was a problem until it was too late. Here are some things you can
do:
- Make sure the adviser understands your
financial needs, your tolerance for risk, and your goals. Don’t enter into an
agreement with an adviser without this information. The agreement should be in
writing, signed by you and the adviser. If you believe the recommendations you
receive are inappropriate, get a second opinion.
- Inform your adviser of any changes in your
financial picture as soon as possible.
- Read your statements carefully. If there is
something you don’t understand call your adviser.
- If there appears to be a problem with your
adviser or securities agent, contact the compliance officer or branch manager
of the company where they are employed. Follow your phone call with a letter
and keep a copy for your records. If they can not or will not address your
concerns, call the Minnesota Department of Commerce or the Securities and
Exchange Commission.
More Consumer Information and Services are
available from the Minnesota Department of Commerce.
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Health Care Directive
Minnesota Law
Minnesota law allows you to inform others of
your health care wishes. You have the right to state your wishes or appoint an
agent in writing so that others will know what you want if you can’t tell them
because of illness or injury. The information that follows tells about health
care directives and how to prepare them. It does not give every detail of the
law.
What is a Health Care Directive?
A health care directive is a written document
that informs others of your wishes about your health care decisions. It allows you to
name a person ("agent") to decide for you if you are unable to decide. It also
allows you to name an agent if you want someone else to decide for you. You
must be at least 18 years old to make a health care directive.
Why Have a Health Care Directive?
A health care directive is important if your
attending physician determines you can’t communicate your health care choices
(because of physical or mental incapacity). It is also important if you wish
to have someone else make your health care decisions. In some circumstances,
your directive may state that you want someone other than an attending
physician to decide when you cannot make your own decisions.
Must I Have a Health Care
Directive? What Happens if I Don’t Have One?
You don’t have to have a health care
directive. But, writing one helps to make sure your wishes are followed.
You will still receive medical treatment if
you don’t have a written directive. Health care providers will listen to what
people close to you say about your treatment preferences, but the best way to
be sure your wishes are followed is to have a health care directive.
How Do I Make a Health Care Directive?
There are forms for health care directives.
You don’t have to use a form, but your health care directive must meet the
following requirements to be legal:
-
Be in writing and dated.
-
State your name.
-
Be signed by you or someone you authorize to sign
for you, when you can understand and communicate your health care wishes.
-
Have your signature verified by a notary public or
two witnesses.
-
Include the appointment of an agent to make health
care decisions for you and/or instructions about the health care choices you
wish to make.
Before you prepare or revise your directive,
you should discuss your health care wishes with your doctor or other health
care provider.
I Prepared My Directive in Another
State. Is It Still Good?
Health care directives prepared in other
states are legal if they meet the requirements of the other state’s laws or
the Minnesota requirements. But requests for assisted suicide will not be
followed.
What Can I Put in a Health Care Directive?
You have many choices of what to put in your
health care directive. For example, you may include:
-
The person you trust as your agent
to make health care decisions for you. You can name alternative agents in
case the first agent is unavailable, or joint agents.
-
Your goals, values and preferences about health
care.
-
The types of medical treatment you would want (or
not want).
-
How you want your agent or agents to decide.
-
Where you want to receive care.
-
Instructions about artificial nutrition and
hydration.
-
Mental health treatments that use electroshock
therapy or neuroleptic medications.
-
Instructions if you are pregnant.
-
Donation of organs, tissues and eyes.
-
Funeral arrangements.
-
Who you would like as your guardian or conservator
if there is a court action.
You may be as specific or as general as you
wish. You can choose which issues or treatments to deal with in your health
care directive.
Are There Any Limits to What I Can Put in
My Health Care Directive?
There are some limits about what you can put
in your health care directive. For instance:
-
Your agent must be at least 18 years
of age.
-
Your agent cannot be your health care provider,
unless the health care provider is a family member or you give reasons for
the naming of the agent in your directive.
-
You cannot request health care treatment that is
outside of reasonable medical practice.
-
You cannot request assisted suicide.
How Long Does a Health Care Directive
Last? Can I Change It?
Your health care directive lasts until you
change or cancel it. As long as the changes meet the health care directive
requirements listed above, you may cancel your directive by any of the
following:
-
A written statement saying you want
to cancel it.
-
Destroying it.
-
Telling at least two other people you want to
cancel it.
-
Writing a new health care directive.
What If My Health Care Provider Refuses to
Follow My Health Care Directive?
Your health care provider generally will
follow your health care directive, or any instructions from your agent, as
long as the health care follows reasonable medical practice. But, you or your
agent cannot request treatment that will not help you or which the provider
cannot provide. If the provider cannot follow your agent’s directions about
life-sustaining treatment, the provider must inform the agent. The provider
must also document the notice in your medical record. The provider must allow
the agency to arrange to transfer you to another provider who will follow the
agent’s directions.
What If I’ve Already Prepared a Health
Care Document? Is It Still Good?
Before August 1, 1998, Minnesota law provided
for several other types of directives, including living wills, durable health
care powers of attorney and mental health declarations.
The law changed so people can use one form
for all their health care instructions.
Forms created before August 1, 1998, are
still legal if they followed the law in effect when written. They are also
legal if they meet the requirements of the new law (described above). You may
want to review any existing documents to make sure they say what you want and
meet all requirements.
What Should I Do With My Health Care
Directive After I Have Signed It?
You should inform others of your health care
directive and give people copies of it. You may wish to inform family members,
your health care agent or agents, and your health care providers that you have
a health care directive. You should give them a copy. It’s a good idea to
review and update your directive as your needs change. Keep it in a safe place
where it is easily found.
How To Obtain Additional Information
If you want more information about health
care directives, please contact your health care provider, your attorney, or
the Minnesota Board on Aging’s Senior LinkAge
Line®
1-800-333-2433.
A suggested health care directive form is
available from the
Minnesota Board on Aging.
The user-friendly Five Wishes
document helps you express how you want to be treated if you are seriously ill
and unable to speak for yourself. It is unique among all other living
will and health agent forms because it looks to all of a person’s needs:
medical, personal, emotional and spiritual. Five Wishes also
encourages discussing your wishes with your family and physician. Five
Wishes meets the legal requirements of Minnesota. Read more
about Five Wishes.
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Will
Wills are important documents that help ease the transition of ownership of an
estate and decisions
regarding personal effects after a person’s death. An estate consists of bank accounts, houses,
land, furniture, automobiles, stocks, bonds, life insurance policies,
retirement funds, pensions and death benefits. Your will should ensure that your assets are
distributed as you wish. And, you still have full use of your property while
you are alive.
In Minnesota, you must be at least 18 years
old and of sound mind to make a will. The will must be in writing and must be
witnessed by at least two people, both of whom must also sign the will. You
must intend for the document to operate as a will. The will must be signed by
you, or by another person at your direction in your presence. Handwritten
wills are recognized as valid in Minnesota only if the will is witnessed and
signed by two people. Notarization by itself is insufficient to make a
handwritten will legally binding.
Your will should clearly state who will get
your property upon your death. Minnesota law provides that a spouse inherits a
specified amount of property, even if she or he is left out of the will. You
may, however, disinherit a child, if your will clearly states that you do not
wish the child to get anything. A personal representative (also known as an
executor or administrator) should be named in the will. This person will be
responsible for seeing that the property is distributed as you desire.
Wills can be changed by writing a new one, or
by adding a "codicil," which is an addition to a will. Wills cannot be changed
by simply crossing out language or writing in new provisions. Such alterations
will not be effective. The codicil must be written, signed and witnessed the
same way as the will, and should be attached to the will.
If a will specifically states that personal
property should be distributed by a separate document, it is all right for a
person to distribute most personal property in a handwritten statement. The
statement can be written after the will is signed, and it can be changed
without revising the will itself. A will is effective until it is changed or
revoked.
It is a good idea to periodically review your will. Changes in your
family, the value and kind of property, tax laws, or a move to another state
may make changes in the will advisable. You may revoke your will; however, revocation
must be done in strict compliance with the law and the assistance of an
attorney is highly recommended. A surviving spouse who is not satisfied with
his or her share in the will may elect to waive rights under the will and take
his or her share according to state law. (A surviving spouse should seek legal
counsel to do this.)
Your will should be kept in a safe place. The
original will should be placed where it can easily be found after your death.
In Minnesota, the Probate Court or Court Administrator’s Office will accept
wills for safekeeping at no charge or for a nominal fee. You have the right to
get your will back at any time. Putting a will in a safe deposit box might
make it inaccessible after your death until probate begins, unless you are
survived by a person who jointly owns the box and would have access to the box
after your death.
If you do not have a will, your estate will
be distributed according to Minnesota’s law of intestate succession. This law
generally provides that, without a will, your estate will pass to your spouse,
if still alive. If your spouse is not alive, your estate will pass to your
children in equal shares.
You should consult an attorney to determine exactly
how your estate will be divided if you do not have a will. As for all legal documents, it’s best to
consult with an elder law attorney.
Elder
Law Locator from the National Academy of Elder Law Attorneys™ may be a helpful resource.
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Employer-sponsored Benefits
Your employer may provide
benefits to you, which may include: health insurance,
pensions, and other types of benefits. Employers may pay for
all or just a portion of the premium or costs of the
benefits. In some cases, the programs may be sponsored by
the employer but not paid for fully by the employer. In
planning for your future, it’s important to understand the
benefits provided to you and/or your family by your
employer.
Information about your rights related to these benefits is
available from the
U.S. Department of Labor.
The types of benefits
provided by employers may include:
Health Insurance. Health insurance is
usually provided though a person’s employer or the employer
of a family member. Health insurance can include either
employer-purchased or self insured. The employee will
likely share in the costs through co-pays, regular premiums
and annual deductibles and benefit caps. The
U.S. Department of Labor has a series of E-Advisors that
can assist in answering questions around a variety of topics
including health care benefits.
Long Term Disability
Insurance.
In
the event a person becomes injured or sick and is unable to
work, long term disability insurance provides for a regular
steady income that may or may not be sufficient for the
person’s living needs. The Federal Citizen
Information Center in Pueblo, Colorado has created “Long
Term Disability Income Insurance: Financial Protection for
You & Your Family”. The guide contains tips and a
buying checklist.
Dental Insurance.
Dental
insurance provides employees with insurance coverage for
insuring dental health. Dental insurance usually falls into
four types of service: preventive maintenance, basic
dentistry, major dentistry and orthodontics. It can also
include cost sharing in the form of co-pays, deductibles,
and annual benefit caps. The
American Dental Association has more information on
these types of insurances.
Life
Insurance.
Life
insurance provides an individual’s immediate family with
funds to assist in financial impact of death. The two types
provided are permanent and term. Permanent policies are for
the life of the policy holder and may attain a cash value.
Term life policies are for a specific time period. Life
insurance options are available from the
National Association of Insurance Commissioners.
Retirement Plans.
There
are many different types of retirement plans. Its important
to understand what your employer offers so that you can take
full advantage of these options. The employer will deducts
an amount from your earnings and may also contribute
employer matching funds to a qualified retirement plan or
deferred compensation plan, to be distributed to you at a
later date, usually when you retire. If your employer
provides a defined benefit pension plan, you will receive a
benefit payment, at retirement on a monthly basis and there
may even be survivor benefits paid to your survivors at the
time of your death. More information about these benefits
are available from the
U.S. Department of Labor.
Section 125 Cafeteria
Plans.
These
types of plans allow you to use pre-tax dollars to pay for
anything from health insurance premiums to dependent day
care costs on a pre-tax basis.
Vision Care Programs.
Generally
covers eyeglasses, lenses and frames. Co-pays and annual
deductibles along with benefit caps may apply.
Long-Term Care Insurance. Assists
in covering the costs associated with long-term care for
elderly. MN Department of Commerce,
What You Need to Know
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Long-Term Care Insurance
Long-Term Care Insurance (LTCI)
LTCI is private insurance that is purchased
before long-term care is needed. When care is needed, the insurance policy
will pay costs as outlined in the policy. Policies can
be individual or group-based; group LTCI is usually available through an
employer or a type of association. Some of the features/benefits that can be
purchased in a policy include:
-
How benefits are paid – pooled or joint
policies
-
What services are covered and not
covered
-
How much coverage is purchased
-
When benefits are paid (what triggers
eligibility for benefits)
-
Inflation protection or none
-
Nonforfeiture of benefits
Tips on Buying Long-Term Care Insurance
-
Ask for outlines of coverage so you can
compare the features of several policies.
-
Make sure you fully understand what the
policy covers.
-
Check that the company is licensed in your
state. You can do this through the Minnesota Department of
Commerce.
-
Always answer questions about your medical
history and health carefully and truthfully.
-
Be sure your application has been filled
out accurately. Promptly notify your agent or company of errors or missing
information.
-
When you purchase a policy, make your
check payable to the insurance company, not the agent. Be sure to get a
receipt.
-
Always check the date the insurance
becomes effective.
-
After you have purchased an insurance
policy, you have a "free-look" period that lasts 30 days after you receive
the policy when you can change your mind. During that period, read your
policy carefully. If you decide not to keep it, the company will cancel the
policy and give you an appropriate refund.
-
Consider having the premium automatically
taken out of your bank account, so you won’t lose your coverage if an
illness or accident prevents you from paying your premium.
-
If you have a complaint about
your insurance agent or company, contact the customer services division of
your insurance company. If you are still dissatisfied, contact the
Minnesota Department of
Commerce.
More Long-Term Care Insurance Tips
The Financing Long Term
Care: A Resource Center for Families, from the University of Minnesota
Extension Service, is an excellent resource for learning more about long-term
care financing options. The site contains basic information about
long-term care planning, talking about and making decisions around long-term
care, and there’s information addressing some common myths about long-term
care.
In Minnesota, the Senior
LinkAge Line® at 1-800-333-2433 is the State Health Insurance Assistance
Program (SHIP). Specialists are available to help you compare Long-term Care Insurance policies.
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Medicare options
Medicare is a federal health
insurance program for:
-
People age 65 and older
-
Some people under age 65
with disabilities
-
People with End-Stage
Renal Disease , and
-
People with Amyotrophic
Lateral Sclerosis (Lou Gehrig’s disease)
There are four parts to the
Medicare Program:
Part A:
covers hospital stays, limited nursing home stays, home health care, hospice
care and blood
Part B:
covers physician, lab, home health care, outpatient hospital services, some
preventive services and blood
Part C:
Medicare Advantage, previously known as Medicare + Choice
Part D:
the new Prescription Drug benefit to begin on 1/1/06
Medicare was not designed to
cover all medical costs. There are gaps in coverage. Purchasing a Medicare
supplemental or a managed care plan can
help take care of some of these gaps.
Medicare is complex, but there is free
help available. In Minnesota, the Senior LinkAge Line® at 1-800-333-2433 is the
State Health Insurance Assistance Program (SHIP) which helps people with Medicare. There are Medicare specialists
available to help you over the phone or in person with your Medicare related
questions and problems, no matter how complex.
More
information is available from the Minnesota Board on Aging
and Medicare.
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Housing Options
Where do you want to live when you retire?
Most older adults want to live in their home. Some older adults want to
downsize and get rid of the responsibilities of keeping up a large home and
yard. More and more older adults are staying in their home even when they need help with
daily tasks and having
family, friends or neighbors stop in to help them with such things as meal
preparation and grocery shopping, getting around town, housecleaning, laundry,
setting up medications, etc. Some older adults have volunteers to help
them with these type of activities and some people pay agencies to provide these
types of services in the home.
The Housing Resources ToolBox website, sponsored
by the Minnesota Department of Human Services, offers information on
housing options in
Minnesota, services to help keep you in your home, and affordable housing
programs.
Housing Resources
ToolBox
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Community Activities
Being active
means more than just exercise — it includes being involved in the community by
volunteering or working a part-time job. Volunteering or working allows you to
stay connected, involved, and engaged. There are a wide range of opportunities
where your skills, experience and training can be put to good use. You can work
or volunteer with older adults who need help, children, teenagers, vulnerable
adults, refugees, or many others! People like you are needed for things like
helping seniors complete their tax returns, learn defensive driving techniques,
and apply for public benefits for which they qualify. Some people help youth
read, work on school activities, referee sports, host exchange students, and a
lot more! Contributing to the community can be very rewarding and contributes to
the overall quality of life in your community!
Look
for opportunities to help others within your neighborhood or at your community
center, at local schools or in faith communities, with professional
associations, boys and girls clubs, and so many more…
Look
for volunteer listings from these online sources:
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Healthy Lifestyle
An active and healthy lifestyle are an important part of staying young and living
independently. Exercise is an important activity for older adults and
one that is vital for staying independent in the community. Research shows
that people who stay physically and mentally active can improve their
quality of life and help fight diseases, such as osteoporosis, heart disease and
depression.
Exercise and
physical activity are among the healthiest things you can do for yourself.
An inactive
lifestyle can cause older people to lose ground in four areas that are important
for staying healthy and independent: strength, balance, flexibility, and
endurance. Exercise and physical activity can help older people maintain or
partly restore these four areas.
Increasing
strength and endurance make it easier to climb stairs and carry groceries.
Improving balance helps prevent falls. Being more flexible may speed recovery
from injuries. If you make exercise a regular part of your daily routine, it
will have a positive impact on your quality of life as you get older.
Being
active is one piece of a healthy lifestyle. Enjoying retirement and playing a
vital role in the community are also important activities. In addition, leisure activities
and educational opportunities enhance retirement and provide mental stimulation. Many local community
education programs offer classes in arts and crafts, home repair, or learning a
new language. There are groups that plan travel and adventure opportunities for
older adults, as well as groups aimed at sharing a wide variety of interests
including pets, cooking, grandparenting, movies and books, games and puzzles,
and veterans activities. All these leisure opportunities contribute to an
active, healthy lifestyle!
Here are
some key points to maintaining a healthy lifestyle:
- Maintain an appropriate
weight.
- Maintain a healthy,
balanced diet, and eat five or more fruits and vegetables daily.
- Drink three cups of milk or the equivalent
in low-fat yogurt or cheese
- Eat three servings daily of foods rich in
whole grains
- Eat two to three servings of lean protein
daily
- Drink plenty of water to keep the body
hydrated
- Limit sugar and salt intake
- Stay physically active by
exercising at least 30 minutes daily.
- Get regular physicals,
health screenings and immunizations.
- Avoid using tobacco
products.
- Drink alcohol in
moderation or not at all.
- Wash your hands often with
soap and water.
- Engage in social activity
to stay mentally healthy and decrease stress.
Check out these online
resources to learn more about developing and maintaining a healthy lifestyle:
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Trust
Trusts are created
for many reasons, including to avoid probate (a court deciding the settlement
of a deceased’s estate), to help care for a dependent family member, and to
assist in estate and tax planning.
There are several types of trusts available, including a living trust. A
living trust can be revocable (can be changed or canceled) or irrevocable
(cannot be changed or canceled). Trusts can be an important tool, especially
in the case of a dependent or disabled child or adult. These special needs
or supplemental needs trusts help deal with serious and significant financial
implications regarding tax liabilities and eligibility for public assistance
programs that may be necessary to protect the health and safety of the
dependent.
A trust manages the distribution of your
assets. A trust is created by the transfer of property by the owner, or
"grantor," to another person, the "trustee." The trustee holds the title to
the property and manages the property for the benefit of a third party, the
"beneficiary." There are two general types of trusts. The "living" trust is
created during the lifetime of the grantor when all or part of the grantor’s
property is transferred into the trust. The other type of trust is called a
"testamentary" trust. In a testamentary trust, the property is transferred
into the trust after the grantor dies.
There are potential drawbacks to a living
trust. For example, transferring property into a living trust can make you
ineligible for Medical Assistance. Talk to your lawyer about that possibility.
Also, if the grantor is also the trustee, the grantor has a fiduciary
obligation to the beneficiaries for both present and future income. This, for
many, may be the biggest drawback of a living trust.
There are also good reasons to consider a
living trust. A living trust, unlike a will, enables you to have a trustee
with financial expertise manage your assets during your lifetime. A living
trust can allow for a smooth transition of property if you become
incapacitated or incompetent. A living trust can also protect your privacy
regarding the distribution of your assets.
With a will, the probate laws require that an inventory of the estate’s assets
is filed with the court. The inventory is public information. With a living
trust, generally only the beneficiaries of the trust will be informed of the
nature and the value of the assets. In cases where there is both a will and a
living trust, this privacy may be lost.
A living trust is legal in Minnesota if
properly written. It is important that a living trust be written to reflect
the individual characteristics of each person’s estate while complying with
Minnesota law. How a particular trust is drawn up depends on the type of
property being placed in the trust and the purposes for which the trust is
formed. It is good to have your attorney evaluate the use and legality of a
living trust in the context of your other estate planning documents and
objectives.
If the living trust contains all your
property, a will may be unnecessary and you can avoid probate. If the trust
contains only part of your property, you need a will. If you want your
property to go into the trust after your death, your will should include a
"pour-over" provision to put the remaining property into the trust upon your
death. Also, a will can be used to distribute personal belongings, identify
guardians for your children, and provide for an executor to handle any
unfinished business.
Minnesota does not have an inheritance tax but there may be an estate tax
on estates of a little less than 1 million dollars (M.S. 291.01 and M.S.
291.03). This is a complicated piece of legislation and for estates of this
size an experienced attorney should be consulted.
Federal law requires that an individual with an estate totaling more than $1.5 million
file an estate tax return. If your estate is less than $600,000, there will
not be any inheritance tax owed on your estate whether it transfers through
the probate courts or in a trust.
Prepared forms or "kits" used to establish
living trusts are currently marketed through magazines, brochures and
door-to-door salespeople. Although the forms themselves may not be illegal,
they may be too generic to suit you and your situation.
As for all legal documents, it’s best to
consult with an elder law attorney.
Elder
Law Locator from the National Academy of Elder Law Attorneys™ may be a helpful resource in
searching for a competent attorney experienced in these matters.
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Guardian/Conservator
Under
Minnesota law, guardianship and conservatorship are very
similar, but guardianship may limit more of your civil
rights, such as the right to vote. Because it is less
restrictive, conservatorship is usually favored over
guardianship. The protected person in this relationship is
called the "conservatee," and the person named by the court
to make decisions is called the "conservator." Under
guardianship, the protected person is the "ward," while the
person named by the court is the "guardian."
If you should
become incapacitated and have not previously planned for
incapacity, a guardianship or conservatorship may be the
only way to handle your personal affairs. Anyone can
petition for or be appointed to be your guardian or
conservator. A person may be appointed even against your
wishes if the court determines such appointment is in your
best interests. By planning ahead, however, you can have a
say in this process and consequently protect your
independence.
Family
members and interested parties may petition the court to
become either a guardian or conservator. An example of this
could be when an aging parent becomes unable to take care of
him/herself (feeding, bathing, etc.). Concerned family
members can petition the court to seek legal status to
either become their parent’s legal guardian, conservator or
both.
A guardian is
appointed to make health care and personal decisions for a person who is
incapacitated through a physical or mental disability. A guardian could have
the legal right to decide where this person will live and the medical
treatment he receives. In some instances, a guardian may be given authority,
by the courts, to oversee financial matters. Additionally, the courts could
limit the scope of the guardian’s authority, including the limit over medical
decisions.
A conservator is appointed to oversee the financial
affairs of a person who is unable to do so. The conservator
takes control of the dependant person’s assets and must
handle them, including investing, for the welfare of this
protected person. Once a conservator is appointed, a
dependent person may not liquidate his/her own assets or
determine how the monies will be invested without the
consent of the conservator.
"Conservatorship planning" (also called
"nomination of conservator") involves a
written document, like a will, in which you name the person you want for your
conservator. You can also include instructions on how you would want your
personal and financial matters handled by your conservator. For example, the
conservator could be instructed to manage your property, know where you would
like to live, and be informed about your wishes regarding health care. (The
same person could also serve as your health care power of attorney.) Then, if
you should become incapacitated and need a conservator, the court must name
the person you chose and order that your instructions be followed, unless the
court finds that this would not be in your best interests. Be aware that the
person you choose is not required to serve as your conservator — so choose a
reliable person and discuss your plan with the person in advance to make sure
he or she agrees with it.
If you have other informal arrangements with
relatives or formal planning arrangements such as a durable power of attorney,
you may not need to do conservatorship planning. However, if it is likely that
someone would challenge your planning arrangements (for example, if there
might be disagreements within the family), you should use conservatorship
planning as a "backup" to your other planning arrangements. Remember, anyone
can petition to be a conservator or guardian for an incapacitated person, and
a conservator or guardian can revoke or terminate prior planning arrangements.
By naming the person you would want to be your conservator or guardian, you
have the best possible protection against the appointment of someone you would
not want to be your conservator.
In
order to increase the public’s access to justice, the State Judicial Branch
has made the Guardianship & Conservatorship Manual available online.
Click on the Chapters below to read more about guardianships and
conservatorships:
1. Introduction (and Table of Contents):
Acrobat PDF,
Word DOC
|
2. General Overview:
Acrobat PDF,
Word DOC
|
3. Less Restrictive Alternatives:
Acrobat PDF,
Word DOC
|
4. Assessing the Need for Legal
Representation:
Acrobat PDF,
Word DOC
|
5. Who May Act as Guardian or
Conservator:
Acrobat PDF,
Word DOC
|
6. Powers, Duties, and Responsibilities:
Acrobat PDF,
Word DOC
|
7. Decision Making:
Acrobat PDF,
Word DOC
|
8. Service Planning:
Acrobat PDF,
Word DOC
|
9. Legal Procedures and Requirements:
Acrobat PDF,
Word DOC
|
10. Court Forms and Procedures for the
Appointment of Guardians and Conservators:
Acrobat PDF,
Word DOC
|
11. Guardian/Conservator, Attorney,
Court Fees:
Acrobat PDF,
Word DOC
|
| Appendix A (Resources on Guardianship
and Conservatorship) and Appendix B (Glossary of Terms):
Acrobat PDF,
Word DOC |
The
Minnesota Association for
Guardianship and Conservatorship may also be a helpful resource.
If
you want more information about guardian/conservator, please contact a professional
or the Senior LinkAge
Line®,
1-800-333-2433.
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Important Papers
If something terrible were to happen to you and you could no
longer speak for yourself would family members or friends know
where you kept your important papers or records? Besides having a will,
a health care directive, or savings, planning for your future also
involves collecting and storing important information in a secure, but
accessible, location. Here’s a Planning Guide for your important stuff.
Type of
Document
|
Name of Item
|
Location
|
Contact/Account
Info
|
|
|
|
|
| Family Records |
Birth certificates |
|
|
|
Death Certificates |
|
|
| |
Marriage or
domestic partner record |
|
|
|
Social
Security Card/Number |
|
|
| |
Spouse/Partner’s Social Security Card/Number |
|
|
|
Driver’s
License |
|
|
|
Insurance policies |
|
|
| |
Military records/discharge
papers |
|
|
| |
Education &
employment records |
|
|
|
Deeds and Titles |
|
|
|
Will or trust |
|
|
|
Health Care
Directive |
|
|
|
Durable Power of Attorney |
|
|
| |
Durable
Power of Attorney/Health Care |
|
|
|
State and federal
tax returns |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Insurance
policies |
Life
Insurance |
|
|
|
Disability Insurance |
|
|
|
Homeowner’s/Renter’s Insurance |
|
|
|
Automobile Insurance |
|
|
|
Liability
Insurance |
|
|
|
Business
Insurance |
|
|
|
Medicare
records |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Funeral
Plans |
Pre-paid
Burial plans |
|
|
|
Cemetery/Cremation Plans |
|
|
|
Organ
Donor Information |
|
|
|
Religious
Preferences/Plans |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Home Records |
Deeds and Titles |
|
|
|
Home
safe/combination |
|
|
|
Utilities and
other household bills |
|
|
|
Home mortgage
company |
|
|
|
Personal Loans |
|
|
|
Property/Business Loans |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Bank/Credit Card Records* |
Certificates of Deposit |
|
|
|
*Remember to include location of all passwords/security/access codes |
Checking account statements & canceled checks |
|
|
| Savings accounts |
|
|
| Online accounts |
|
|
| Automatic Withdrawal
Accounts |
|
|
| Credit Card/Department
Store Accounts |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Income/Investments |
Stocks & bonds |
|
|
|
Real estate |
|
|
|
Annuities |
|
|
|
IRAs/Roth IRAs |
|
|
|
Beneficiaries |
|
|
|
Pensions |
|
|
|
Deferred
compensation |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| People contacts |
Address Book |
|
|
|
Email addresses |
|
|
|
Clergy |
|
|
|
Primary physician |
|
|
|
Clinic/Hospital |
|
|
|
Dentist |
|
|
|
Accountant |
|
|
|
Attorney |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Miscellaneous |
Magazine/Newspaper Subscriptions |
|
|
|
Club
Memberships |
|
|
|
Religious
Records |
|
|
|
Medical
Records |
|
|
|
Pet
Records/Considerations |
|
|
| |
Passport/Visa/ Naturalization/Citizenship Papers |
|
|
|
Divorce/Legal Separation |
|
|
|
Adoption
Decrees |
|
|
|
Items in
Storage |
|
|
|
Safety deposit
box/key |
|
|
|
Professional
Licensure |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Back to
Top
Choosing a lawyer, financial consultant, doctor or consultative professional
is a personal decision which each person must make based on gathering facts
and information. The purpose of this site is to provide you with some
suggestions to explore more around planning for your future. Your
personal situation will dictate whether any of these options are appropriate. At any point, if you need to talk
to someone about choosing a professional who can assist you with these
decisions, contact the Senior LinkAge Line®
at 1-800-333-2433.
No referrals or suggestions from
this site should be considered legal, financial, health care or other type of
professional advice or an endorsement of the service.
DISCLAIMER and COPYRIGHT:
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|