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Paralegal Rainmakers Digest
  Monthly Newsletter of Paralegal Rainmakers
  November 2012 Volume 1 Issue 3




                                                                                                                          Family Issue
                                                                                                            Holiday Stress Busters P.1
                                                                                                       Alzheimer’s & Elder Abuse: P.2
                                                                                                           Paralegal Volunteerism P.3
                                                                                                                 Upcoming Events P.4



                                                                                                      FAMILY LAW NEWS
                                                                                                      Family Conflict: Can I Sue my Spouse
                                                                                                      for Injuring Me

                                                                                                      Elder Law Notes: Medicare open
                                                                                                      enrollment offers opportunity for
                                                                                                      beneficial changes

                                                                                                      San Francisco Family Law Attorneys
Holiday Stress Busters                                                                                of Heath Newton LLP Offer
                                                                                                      Important Tips on Grandparents
The holiday season is usually the most joyful time of the year, it brings together family, friends,   Visitation Rights
and food in celebration of various religious and cultural holidays, but it can also bring with it a
great deal of stress. Although, the stress that is associated with planning vacations, arranging
schedules and coming up with the finances to purchase gifts seems to be inevitable, with the          Paralegal Rainmakers News
appropriate amount of planning and creativity you can make it through this holiday season
without the usual stress that accompanies it. In planning for a less stressful holiday there are      Registration is now open for the
                                                                                                      winter session for Rainmakers
several key areas that should be addressed in order to successfully navigate through the sea-
                                                                                                      Virtual College. Access career
son: 1) Dealing with work schedules 2) Budgeting for holiday spending and 3) Dividing time
                                                                                                      resources, network, and earn CLE
with in-laws and ex-spouses. Although, there are definitely other issues that can cause holiday       credits on-line by attending live
related stress these are the one’s that cause the greatest amount of stress and are the one’s         webinars on the following topics:
that can be managed with the proper planning.
                                                                                                         Tax & Accounting Essentials
All of these areas create a great deal of stress and anxiety on their own but when coupled to-           eDiscovery
gether the holiday’s can quickly become a dreaded occasion. In order to plan for them effec-
                                                                                                         And More
tively it is important to address them before issues arise. Following are some suggestions on
how to manage these areas effectively so your holiday season is a joyful occasion and not a           Visit www.rainmakerscollege.com
stressful one. (Cont’d on page 3)                                                                     for more information.
Alzheimer’s Resources &
                                                                                                         Fact Sheets
                                                                                                         Alzheimer’s Disease Fact Sheet

                                                                                                         Connect with a Social Worker

                                                                                                         Alzheimer’s Caregiving tips

                                                                                                         Federal government resources

                                                                                                         Legal & Financial Resource List

                                                                                                         Assisting employees with Alzhei-

Elder Abuse: Protecting the Vulnerable                                                                   mer’s

                                                                                                         How to Contest a Will Due to Alzhei-
After October ends and National Domestic                                                                 mer’s
Violence Awareness month is over the issues
surrounding abuse and those that it effects
may be forgotten. As our country embarks
on Alzheimer’s Awareness month it is im-                                                                 Alzheimer’s and Medicare:
portant to keep this issue at the forefront
                                                                                                         What’s Covered
because of those that may go unrecognized
because of their mental impairment and age.                                                              1.   Inpatient hospital care

                                                                                                         2.   Some doctors fees and other
Elder Abuse can take many forms from the                                                                      medical items
typical physical violence that usually accom-
                                                                                                         3.   Up to 100 days of skilled nursing
panies abuse, but it can also take the form
                                                                                                              home care in certain circum-
of financial and emotional abuse by family                                                                    stances
members and caregivers that may be frus-
                                                                                                         4.   In home hospice care, nursing
trated with the responsibility of taking care
                                                                                                              facility, or inpatient hospice
of an ailing parent or the deteriorating men-
                                                                                                              facility for people with demen-
tal faculties of the person they are caring for.                                                              tia who have been determined
Elder Abuse can go undetected because of                                                                      to be at the end of their lives by
the inability of the person to seek out assis-                                                                a doctor.
tance and their dependence on the family
member or caregiver.

Legal Professionals are in a unique position
to detect elder abuse when drawing up wills,
                                                   Avoiding an Invalid Will
trusts, power of attorneys and other legal
                                                   When one creates a will the assumption may be made that upon their passing their
documents. Elder Abuse in legal matters
                                                   assets will be distributed based on their wishes spelled out in their will, but this is not
usually takes the form of a caregiver or fami-     always the case. An unsatisfied family member may contest a will on the following
ly member being adamant on deeming the             grounds:
elderly person incompetent in order to be
                                                   1.   Mental capacity
given a power of attorney to take control of
the finances of the person that they are           2.   Coercion

providing care for. Elder Abuse is a serious       3.   Fraud
issue and may seem to be undetectable but          4.   Improper Execution
there are red flags that legal professionals
                                                   To ensure that a will is not determined to be invalid it is important to refer to the appli-
should take the responsibility of detecting.
                                                   cable state laws and ensure that the person creating the will is not being coerced by
                                                   being cognizant of the warning signs of elder abuse and other issues.
Paralegal Volunteerism
Lending a Helping Hand

In the corporate world employees demon-             Holiday Stress Busters
strate their commitment to the community
                                                    (Cont’d from page 1)
by getting involved in organizations and
                                                    We all look forward to taking time off from
causes that have a need for volunteers.
                                                    work during the holidays to spend time with
Lawyers also demonstrate their commitment                                                            Paralegal Rainmakers Spotlight
                                                    friends and family, but we don’t look for-
to the community and legal profession by                                                                     CASA Volunteers
                                                    ward to the emails, mail, and other matters
volunteering or getting involved with what
                                                    that are waiting when the holiday festivities
the legal field has termed pro bono work.                                                            This month’s paralegal spotlight is
                                                    end. In order, to avoid this situation it is     dedicated to all the paralegals that
Although, attorneys in some states do this in
                                                    important to deal with work schedules in         work as CASA volunteers. CASA
order to stay in compliance with the require-                                                        stands for Court Appointed Special
                                                    advance whether that means requesting
ments of their state bar some do so because                                                          Advocates. A person does not
                                                    time off, determining who will handle cer-
they want to provide their legal expertise to                                                        have to be an attorney or a social
                                                    tain tasks while you are away       from the     worker to become a CASA volun-
those that would otherwise go without the
                                                    office, swapping schedules with another co-      teer. A CASA volunteer works with
assistance of an attorney. Since paralegals                                                          children during court proceedings
                                                    worker, or working ahead so that when you
do no report to a regulating body and law                                                            who have been abused or neglect-
                                                    return to the office you’re not swamped
firms are not usually judged by how socially                                                         ed. CASA is a national organization
                                                    with a back load of work.                        that provides volunteers to chil-
responsible they are paralegals may over-
                                                                                                     dren that have been removed from
look this important area of their careers.          Another way to reduce holiday stress is cre-     their homes due to abuse and ne-
Some paralegals may also not be aware that          ating and sticking to a holiday budget. This     glect. According to CASA there are
there are areas that they can provide their         may be one of the most difficult areas to        approximately 600,000 children
                                                                                                     that go through the foster care
legal expertise in without violating their ethi-    deal with especially if you have children, but   system in the United States. Alt-
cal obligations of not giving legal advice.         is one that can cause the greatest amount of     hough, there are numerous individ-
                                                    stress because of the after effects of dealing   uals that sacrifice their time and
According to the National Federation of                                                              skills to assist these children there
                                                    with debt and other financial issues.
Paralegal Associations (NFPA) “Paralegals                                                            still is a need for more volunteers.
can benefit the community, the private bar,         Dividing time with in-laws and ex-spouses        To become a CASA volunteer a per-
the judiciary, and the paralegal profession by      can also cause a great deal of stress. It is     son will need to meet the following
volunteering of their time, abilities, and skills                                                    criteria:
                                                    especially difficult when you and your in-
as trained legal professionals”. The NFPA           laws, your spouse and your parents, or you       1.   Be at least 21 years old
asks that members commit to a minimum               and your ex are not on favorable terms. The      2.   Pass a background check
amount of pro bono activities annually.             first inclination in this situation may be to    3.   Complete 30 hours of training
Although, the National Association of Legal         avoid or spend the least amount of time
                                                                                                     4.   Be available for court appear-
Assistants (NALA) does not require their            with them, but this usually leads to disagree-        ances
members to commit to a minimum amount               ments with a spouse or children. One solu-
                                                                                                     5.   Commit to the CASA program
of pro bono work they encourage their               tion to this situation is to focus on some-           until their fist case is closed
members to participate in pro bono activities       thing positive. For example, focusing on the
                                                                                                     If you are interested in becoming a
in order to assist low-income and under-            great pie or cake your mother in-law makes       CASA volunteer please visit their
served individuals. A commitment to the             or seeing the cheer in your spouse’s or          website www.casaforchildren.org
legal field goes beyond becoming an expert          child’s face when they spend time with their     or call 800-628-3233.
in a given field but also includes a commit-        parent(s). Eliminating all holiday stress is
ment to the legal community as a whole.             impossible but managing it is doable and can
Participating in pro bono activities is a great     bring the joy back to the holiday season.
way to demonstrate this commitment.
Upcoming Events
Paralegal Rainmakers
November 21, 2012 Effective Communication for Legal Professionals

More information available http://www.prainmakers.com/Training-Topics.html

Lorman Education Services
December 4, 2012 Medicaid & Elder Law: Representing Clients in a New Legal Landscape

More information available: http://www.lorman.com/seminars/390458

Alzheimer’s Association
Various Dates: Walk to End Alzheimer’s

More information available: http://act.alz.org/site/PageServer?pagename=walk_homepage




                                                                                        Paralegal Rainmakers

                                                                                                  9175 Judicial Drive
                                                                                                San Diego, CA 92122

                                                                                                    888-734-5554 ph
                                                                                         info@prainmakers.com email

                                                                                              www.prainmakers.com

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Paralegal Rainmakers Digest Nov 2012

  • 1. Paralegal Rainmakers Digest Monthly Newsletter of Paralegal Rainmakers November 2012 Volume 1 Issue 3 Family Issue Holiday Stress Busters P.1 Alzheimer’s & Elder Abuse: P.2 Paralegal Volunteerism P.3 Upcoming Events P.4 FAMILY LAW NEWS Family Conflict: Can I Sue my Spouse for Injuring Me Elder Law Notes: Medicare open enrollment offers opportunity for beneficial changes San Francisco Family Law Attorneys Holiday Stress Busters of Heath Newton LLP Offer Important Tips on Grandparents The holiday season is usually the most joyful time of the year, it brings together family, friends, Visitation Rights and food in celebration of various religious and cultural holidays, but it can also bring with it a great deal of stress. Although, the stress that is associated with planning vacations, arranging schedules and coming up with the finances to purchase gifts seems to be inevitable, with the Paralegal Rainmakers News appropriate amount of planning and creativity you can make it through this holiday season without the usual stress that accompanies it. In planning for a less stressful holiday there are Registration is now open for the winter session for Rainmakers several key areas that should be addressed in order to successfully navigate through the sea- Virtual College. Access career son: 1) Dealing with work schedules 2) Budgeting for holiday spending and 3) Dividing time resources, network, and earn CLE with in-laws and ex-spouses. Although, there are definitely other issues that can cause holiday credits on-line by attending live related stress these are the one’s that cause the greatest amount of stress and are the one’s webinars on the following topics: that can be managed with the proper planning.  Tax & Accounting Essentials All of these areas create a great deal of stress and anxiety on their own but when coupled to-  eDiscovery gether the holiday’s can quickly become a dreaded occasion. In order to plan for them effec-  And More tively it is important to address them before issues arise. Following are some suggestions on how to manage these areas effectively so your holiday season is a joyful occasion and not a Visit www.rainmakerscollege.com stressful one. (Cont’d on page 3) for more information.
  • 2. Alzheimer’s Resources & Fact Sheets Alzheimer’s Disease Fact Sheet Connect with a Social Worker Alzheimer’s Caregiving tips Federal government resources Legal & Financial Resource List Assisting employees with Alzhei- Elder Abuse: Protecting the Vulnerable mer’s How to Contest a Will Due to Alzhei- After October ends and National Domestic mer’s Violence Awareness month is over the issues surrounding abuse and those that it effects may be forgotten. As our country embarks on Alzheimer’s Awareness month it is im- Alzheimer’s and Medicare: portant to keep this issue at the forefront What’s Covered because of those that may go unrecognized because of their mental impairment and age. 1. Inpatient hospital care 2. Some doctors fees and other Elder Abuse can take many forms from the medical items typical physical violence that usually accom- 3. Up to 100 days of skilled nursing panies abuse, but it can also take the form home care in certain circum- of financial and emotional abuse by family stances members and caregivers that may be frus- 4. In home hospice care, nursing trated with the responsibility of taking care facility, or inpatient hospice of an ailing parent or the deteriorating men- facility for people with demen- tal faculties of the person they are caring for. tia who have been determined Elder Abuse can go undetected because of to be at the end of their lives by the inability of the person to seek out assis- a doctor. tance and their dependence on the family member or caregiver. Legal Professionals are in a unique position to detect elder abuse when drawing up wills, Avoiding an Invalid Will trusts, power of attorneys and other legal When one creates a will the assumption may be made that upon their passing their documents. Elder Abuse in legal matters assets will be distributed based on their wishes spelled out in their will, but this is not usually takes the form of a caregiver or fami- always the case. An unsatisfied family member may contest a will on the following ly member being adamant on deeming the grounds: elderly person incompetent in order to be 1. Mental capacity given a power of attorney to take control of the finances of the person that they are 2. Coercion providing care for. Elder Abuse is a serious 3. Fraud issue and may seem to be undetectable but 4. Improper Execution there are red flags that legal professionals To ensure that a will is not determined to be invalid it is important to refer to the appli- should take the responsibility of detecting. cable state laws and ensure that the person creating the will is not being coerced by being cognizant of the warning signs of elder abuse and other issues.
  • 3. Paralegal Volunteerism Lending a Helping Hand In the corporate world employees demon- Holiday Stress Busters strate their commitment to the community (Cont’d from page 1) by getting involved in organizations and We all look forward to taking time off from causes that have a need for volunteers. work during the holidays to spend time with Lawyers also demonstrate their commitment Paralegal Rainmakers Spotlight friends and family, but we don’t look for- to the community and legal profession by CASA Volunteers ward to the emails, mail, and other matters volunteering or getting involved with what that are waiting when the holiday festivities the legal field has termed pro bono work. This month’s paralegal spotlight is end. In order, to avoid this situation it is dedicated to all the paralegals that Although, attorneys in some states do this in important to deal with work schedules in work as CASA volunteers. CASA order to stay in compliance with the require- stands for Court Appointed Special advance whether that means requesting ments of their state bar some do so because Advocates. A person does not time off, determining who will handle cer- they want to provide their legal expertise to have to be an attorney or a social tain tasks while you are away from the worker to become a CASA volun- those that would otherwise go without the office, swapping schedules with another co- teer. A CASA volunteer works with assistance of an attorney. Since paralegals children during court proceedings worker, or working ahead so that when you do no report to a regulating body and law who have been abused or neglect- return to the office you’re not swamped firms are not usually judged by how socially ed. CASA is a national organization with a back load of work. that provides volunteers to chil- responsible they are paralegals may over- dren that have been removed from look this important area of their careers. Another way to reduce holiday stress is cre- their homes due to abuse and ne- Some paralegals may also not be aware that ating and sticking to a holiday budget. This glect. According to CASA there are there are areas that they can provide their may be one of the most difficult areas to approximately 600,000 children that go through the foster care legal expertise in without violating their ethi- deal with especially if you have children, but system in the United States. Alt- cal obligations of not giving legal advice. is one that can cause the greatest amount of hough, there are numerous individ- stress because of the after effects of dealing uals that sacrifice their time and According to the National Federation of skills to assist these children there with debt and other financial issues. Paralegal Associations (NFPA) “Paralegals still is a need for more volunteers. can benefit the community, the private bar, Dividing time with in-laws and ex-spouses To become a CASA volunteer a per- the judiciary, and the paralegal profession by can also cause a great deal of stress. It is son will need to meet the following volunteering of their time, abilities, and skills criteria: especially difficult when you and your in- as trained legal professionals”. The NFPA laws, your spouse and your parents, or you 1. Be at least 21 years old asks that members commit to a minimum and your ex are not on favorable terms. The 2. Pass a background check amount of pro bono activities annually. first inclination in this situation may be to 3. Complete 30 hours of training Although, the National Association of Legal avoid or spend the least amount of time 4. Be available for court appear- Assistants (NALA) does not require their with them, but this usually leads to disagree- ances members to commit to a minimum amount ments with a spouse or children. One solu- 5. Commit to the CASA program of pro bono work they encourage their tion to this situation is to focus on some- until their fist case is closed members to participate in pro bono activities thing positive. For example, focusing on the If you are interested in becoming a in order to assist low-income and under- great pie or cake your mother in-law makes CASA volunteer please visit their served individuals. A commitment to the or seeing the cheer in your spouse’s or website www.casaforchildren.org legal field goes beyond becoming an expert child’s face when they spend time with their or call 800-628-3233. in a given field but also includes a commit- parent(s). Eliminating all holiday stress is ment to the legal community as a whole. impossible but managing it is doable and can Participating in pro bono activities is a great bring the joy back to the holiday season. way to demonstrate this commitment.
  • 4. Upcoming Events Paralegal Rainmakers November 21, 2012 Effective Communication for Legal Professionals More information available http://www.prainmakers.com/Training-Topics.html Lorman Education Services December 4, 2012 Medicaid & Elder Law: Representing Clients in a New Legal Landscape More information available: http://www.lorman.com/seminars/390458 Alzheimer’s Association Various Dates: Walk to End Alzheimer’s More information available: http://act.alz.org/site/PageServer?pagename=walk_homepage Paralegal Rainmakers 9175 Judicial Drive San Diego, CA 92122 888-734-5554 ph info@prainmakers.com email www.prainmakers.com