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In some cases we have advance notice that the end is near.  While painful, it also offers an opportunity to celebrate life together and support a loved one on a final journey. And there is a seminar on the topic being offered in the Madison area Sunday, March 17th.  Details are on the web site for the Farley Center , a non-profit organization offering a green cemetery.  This appears to be a wonderful way to enhance your skills during a very difficult time of life. M. Gustafson Gervasi, 2009 - Door County, Wisconsin

Earlier today I waited patiently in the exam room for a doctor.  I questioned the visit, but in the end was happy I went.  Turns out that at age 39 I had an ear infection.   And according to the doctor, if you were a baby you'd be screaming your head off!   While waiting I noticed that the wall calendar was compliments of Agrace Hospice care.  Odd choice for a family doctor's office.  Not the exact message I may want, or maybe it was an intentional reminder that we all face the same destination. Beyond treating my inflamed ear, I was interviewing this doctor to be my primary care physician as I prepare to enter a new decade, and tackle the new health standards that will follow.  Yes, you read that correctly, I was interviewing her.  Will we work together, etc.  My decision to screen doctors was reinforced this past week when reading the 3-part series in the Wisconsin State Journal about medical malpractice and other horrors.  More t...

There are days when my role as parent as well as lawyer intersect.  Case in point, earlier this week I attempted to defuse a fight erupting in our living room between our 4 year old son and 2 year old daughter.  It started with the phrase, but honey you made a gift of the car to your sister .  And from it flowed a nice description of what makes something a gift, and underscored a key element that many of my clients also struggle with -- surrendering control. Dear, you said this car was for babies and you did not want it.  She said she wanted it, and you agreed.  Once you handed it to her, it was hers.  It was a gift. A gift , when viewed through a legal lens, requires: delivery; donative intent; and acceptance.  Delivery can take many shapes and forms (there are volumes of case books on the topic), but requires the element of surrender.  And with that comes the cold harsh reality that once given, the giftor cannot control how the giftee uses ...

Image credit: www.sxc.hu - free image Illness, it is at the top of my mind these days.  Thankfully it is not the serious kind of illness many face, but rather the rank-and-file colds, virus, bugs, and assortment of ick that descends upon so many during the winter months.  As I cough, sip tea, and reach for the tissues, my mind drifts to some advice I share during the many educational seminars I give throughout the year: When selecting a power of attorney for health care, give it thought, do not go with your knee jerk reaction.  Sadly I speak from personal experience, having served as my father's POA while he was dying and as my mom's on her numerous and lengthy hospital stays.  When making the nomination, remember these 5 things: You do not need to name a relative.  In my mind relatives share your DNA, family shares your life.  Friends who have become your family may be a more logical selection than a relative you are not close with any more; Nom...

Late last year I blogged about how Gilda's Club decided to change its name, and it appears that the non-profit listens to members and the general public.  Following huge outcry, the organization has opted to keep the name.  In my original post I did not realize that it was only the Wisconsin Chapter proposing the change,a fact that is much more apparent in the news coverage.  For more on the story, visit NPR's coverage. When first hearing of the change it reminded me of a topic I routinely address with clients -- when including a non-profit in your will, it is essential to include the phrase "or its legal successor organization" because as shown here, names change.  Sometimes it is minor, such as adding "Inc." or "Foundation" other times it is more drastic. I will leave you with a clip, honoring the comedian from which Gilda's Club emerged.  Thanks for reading, and I will be back next week with more thoughts on illness, death and taxes for ...

The best way to survive a Wisconsin winter is to embrace the things that make it winter here in the Upper Midwest.  If outdoor adventures on skis or skates are not your thing, consider a chili cook-off.  Proceeds will aid Regional Hospice "Catch a Dream" program.  Here are details that I pulled from an announcement by the hosts: Join Deerfoot Lodge and WRLS 92.3 at Deerfoot Lodge on Saturday, February 2nd from 11:00am-3:00pm to sample some delicious chili and support a great cause! A $5 suggested donation gives you the chance to sample all the chili options and enjoy a bowl of your favorite. Are you known for your unbeatable chili recipe?? Contact Deerfoot Lodge at 715-462-3328 by Saturday, January 26th to submit your chili entry for the contest. All proceeds from the event go to benefit Regional Hospice Services' "Catch a Dream Program."

Cpip is from Family Feud via YouTube -- claims to be outrageous answers.  View as you see fit....I skipped it, but love the image If I were to create a top ten list of most frequently asked questions by clients, this one would rank in the top 5.  What is the difference between the personal representative and the trustee?  When working with clients I offer the following: Personal representative -- that is the term we use here in Wisconsin, Hollywood and other states may use the word Executor.  Basically, the PR's job is to take the will to the court, notify creditors, pay final bills and taxes, and then distribute what remains of the estate (either according to the terms of the will or if no will, statutory requirements).  A PR's job usually runs 12-18 months; Trustee -- is a person who is charge of a trust, which can be created during life or at death via a will.  A trustee's job is to invest or manage assets held in the trust (cash, investments, p...