Professional Documents
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ELDER LAW
INSIDE
Dr. John Morgan, Mike and Mary Benko. first scheduled date, a full field had assembled, that time at Woodside Country Club. Golfers impatiently waited and waited, watching a downpour so extreme that the tournament had to be rescheduled. This is every tournament planning teams worst nightmare: working folks had taken the day off, causing some players and volunteers to be unavailable for the re-scheduled date and wondering about their entry fees. Slow-roasted delectable food had been cooking for hours, prepared for
SENIOR LADIES
diners who had already headed home by lunchtime. Needless to say, the rescheduled event was fine. Mary and Mike worked diligently to assure a good time on both 2012 dates. The prizes had mostly been awarded on that earlier rainy date, except for the skills prizes and those determining the winning teams. All that work, done twice is a lot to ask of anyone. Mary and Mike got through this, but it would not be the preferred way to go every year!
approach the area you plan to fish at a low speed and wait two minutes after shutting off your motor before casting. More fishing tips can be found at Cermeles blog, www.FieldAndStream.com/blogs/ honest-angler. With experience comes intuition, and with intuition comes technique. Make this season your most successful one yet.
*Investment Advisory Services offered through Prosperity Capital advisors (PCA), an SEC registered invesment adviser with its principal place of business in the State of Ohio. Carl Smith is an Investment Advisor Representative in the State of South Carolina. The Smith Group and Prosperity Capital Advisors are not affiliated entities. The Slott Report is the source of this article. Copyright 2013, all rights reserved The Ed Slott Reports, Ed Slott, Inc.
President of The Smith Group, is an Investment Advisor Representative. He has been a member in good standing with MDRT since 2007 in the Ed Slott IRA Advisor Group.
Carl Smith
Boomer Briefings
Q. My father, actually stepfather, is thinking of appointing me as his durable attorney-in-fact. What does this require of me? A. Under a general financial power of attorney you will be appointed to represent your step-father, the principal, with respect to his financial affairs. This means you are in a fiduciary relationship and held to high standards of good faith, fair dealing and undivided loyalty with respect to your fathers assets. You must act in his best interests, keeping his goals and wishes in mind when making any discretionary decisions. Additionally you could be expected to pay his bills, file taxes, make investment decisions and handle any issues concerning his real and personal property. However, your duty covers only your own actions, not those of your stepfather. Sometimes attorneys-in-fact handle the bills because an elderly parent has a mobility issue, but the parent prefers to stay in touch with their own financial advisors. Depending on the wording in the document creating the power of attorney, your authority may only come into effect when an event described in the instrument takes place. For example one or more physicians may need to sign letters stating your step-father is not capable of handling his own affairs. Durable refers to the fact that the authority given to you will continue even if your step-father is incompetent. Durable powers
of attorney are usually executed to prevent the possibility of a legal proceeding to have a conservator appointed over an incompetent persons property and monies. As such powers of attorney literally save a family thousands of dollars and a great deal of emotional stress. You should examine the document as there may be one or more persons named before you to take responsibility for financial matters or you may be required to act jointly with another person as agents and attorneys-in-fact for the principal. While not favored by elder law professionals, some durable powers of attorneys are drafted to include health care proxy provisions and this might expand your responsibilities. Its
important for the attorney drafting the power of attorney to know you are a step-child since some standard provisions discuss issue
or the bloodline of the principal and these will likely need to be customized for your step-fathers situation. In South Carolina a financial power of attorney needs to be recorded before it is valid, S.C.Code Ann. 62-5-501(C) and it must not have been revoked. Validity can be established by affidavit or a recent certified copy of the document obtained from the local clerk of court or RMC office. Its important that you keep good records so you can answer any questions that arise over your handling of monies and assets. Never commingle the funds you have been entrusted to manage with your personal money. Keep separate accounts even if your name has been added to the principals checking or savings account as a payable on death beneficiary. The easiest way to keep tract is to run all funds for the principal through a checking account. The checks act as receipts and the
checkbook register is a running account, which should be balanced monthly. Many powers of attorney require a periodic accounting to the principal or other family members. Failure to communicate what you are doing with an elderly persons funds is a sure way to create mistrust and raise suspicions in a family, especially because you are a step-child and there may be biological children. In some cases the principal may have agreed to pay you for acting on his behalf by so stating in his document. In many cases family members do not want to be paid, but if you do be sure to contact an accountant or CPA so you address withholdings and file the necessary tax forms. A power of attorney terminates on the death of the principal.
2 to 3 cooking apples, unpeeled, chopped into small pieces Sugar, to taste Juice of 1 lemon Sparkling water (to serve) Ice
Put the apples into a saucepan, cover with cold water, bring to a boil and simmer until soft. Strain, pressing the pulp through the strainer with a spoon. Add sugar to taste, stir until dissolved, then let cool. To serve, pack a pitcher with ice, half-fill the glass with the apple juice, add the lemon juice, and top with sparkling water.
Shop locally for fresh fruits and vegetables to help maintain a healty diet.
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reminds people this is nothing to be ashamed of, and that one can learn ways to live with PD. There are a variety of symptoms and variations of PD not every person has the same ones. When first diagnosed a decade ago, Mike and Mary continued with their successful careers until reaching retirement age. In 2006, they moved to the Cedar Creek community in Aiken, and sought a specialist. Mike is in the care of someone exceptional. John C. Morgan, MD, PhD, is a neurologist who specializes in movement disorders, at the Movement Disorders Center in Augusta. Dr. Morgans admiration for Mike Benko is such that he attended again the 2013 golf tournament. He gladly shows his support and gratitude to Mike and Mary Benko for the outstanding work they have done to benefit the Movement Disorders Center in Augusta. An estimated one million people in the United States and over five million worldwide are living with Parkinsons. Parkinsons affects one in 100 people over the age of 60. While Parkinsons is a movement disorder, it also brings non-movement related symptoms. There is no known cure for Parkinsons. We are fortunate to live in the CSRA, which is home to one of the NPF Centers of Excellence, the Movement Disorder Program, Augusta, Georgia. Dr. Morgan credits his being in this specialty in neurology from having been steered in this direction by Dr. Kapil Sethi, Professor of Neurology and Director, GHSU Movement Disorder Program. It is a field he loves, and allows for a somewhat more normal work schedule for
Jim McNair
this young, handsome specialist. His hopes are that there will be breakthroughs beyond what is now available, with the FDA being able to offer more than just disease slowing drugs in the future. This same Dr. Morgan has been such a trusted physician in the life of Frances Tomlin, as noted by another Cedar Creek neighborhood golfer playing in this PAR fore Parkinsons tournament, Jim Tomlin. Patients are from Georgia, South Carolina, and others who travel a distance to receive this well-regarded care provided by Georgia Health Sciences Universitys Movement Disorder Clinic. It has been designated as one of the National Centers of Excellence, leading the way in Parkinsons care. They also treat an array of neurological conditions besides PD, including Restless Leg Syndrome, Essential Tremor, Dystonia, and Huntingtons Disease. They are also actively involved in cuttingedge research and clinical trials in hopes of improving the quality of
life for their patients. Learn more about this highly regarded Program at www.georgiahealth. edu/neurology/specialties/md/ index.html . One can also call 1.800.4PD.INFO (473-4636) to get PD questions answered. So, did Dr. Morgan win the tournament? No. The top winners for the men, with a score of 59 were Brad Combs, Paul Pecoraro, John Turner and Andrew Wilson, in this Captains Choice event. The winning womens team at 68 included Jan Barker, Mimi Wittkamp, Carolyn Davis and Jackie Huey. There were other skills prizes and gifts awarded in this fun-filled day. Jim McKnight, who plans to move from Florida to Cedar Creek soon, made a hole in one. Jim and a couple other cash prizewinners graciously turned their winnings back to the Parkinsons research beneficiary. One could say the winner really was Parkinsons research. For more details, go to http://www. parforeparkinsons.org.
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Jim McNair, new owner of Cedar Creeks golf course, along with his other Aiken Golf Course downtown, also joined in and played on May 18. Other key leaders of Jims Cedar Creek team were there, but mostly they had to work, assuring this great tournament went off as planned to the nth detail by Mary and Mike. Jims team is bringing excitement back to this gem of a golf course, making changes and broadening the options to include activities for members of both the McNair courses to enjoy. The Cedar Creek staff includes Gary Frasier, superintendent of the grounds, beloved longtime golf pro Mike DePasquale, as well as Beverly Burke, who heads the Cedar Creek Grille. Newly named golf pro and instructor for both McNair courses is Kenny Evenson. Jim McNair had this to say: This tournament is one of probably the most important events we will host each year. Monies raised go directly to research for Parkinsons. I am excited to continue hosting this event. Though this is Mikes last year, we will carry on the tradition, reflecting Mike Benkos passion and hard work. In fact, Mike will consult in the years ahead. This will always be Mikes tournament! The respect people have for Mike Benko is so evident. Traveling all the way from Boston area of Winchester, Massachusetts to participate in this final Benko-run PAR fore Parkinsons was the father and 16-year-old son team of Michael and Sebastian McLinden. McLinden has been a major sponsor for all five years. He is the owner of Mc-K, a health care communications company, which works with strategy and data management.
Mike Benko is a PD activist, having even traveled to Scotland to attend a conference. His successful career in Marketing and Sales is evident. The winter issue of More than Motion magazine has handsome Mike on the cover, and a story about Mike and Marys journey through this condition. Mike Benko is occasionally asked for his autograph, as he bears a striking resemblance to the prolific actor George Kennedy. Mike serves on their Board of this informative magazine. Find them on Facebook or online at MoreThanMotion.com to subscribe free.
With children and grandchildren to visit, getting some relief from his nagging back pain and heading back to favorite routines like golf and biking are the priorities ahead, since the Benkos can now relax with the knowledge of having done a remarkable thing by starting and running these five years of tournaments, to highly successful results. They are a popular couple, and will likely not be sedentary any time soon.
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A new senior womens basketball program has begun at the H.O. Odell Weeks Recreation Center. According to Jo Whitson, organizer of the program, the National Senior Womens Basketball Association is a growing organization in many states. But currently there are no teams in South Carolina or Georgia. Whitson stated, Its not our goal at this point to participate in the NSWBA tournaments, we want to see if we can still shoot, pass, dribble and play a little defense. The NSWBA plays on half-court, three members per team. We shouldnt have to do much running, but according to the videos Ive seen, the game can get a little rough. If our knees hold up and we can maneuver around a little, I think we can do it. Weve had a pretty good response from folks whove heard about the new program. The group will practice/play on Tuesdays at the Odell Weeks Center from 10-12. Cost is $1 for members and $2 for non-members. The organization is open to women age 50 and over. Whitson said, The oldest person I know of in this league is 86 years old, and she plays on the 80s and over championship team! Debbie Dion Pawley, a St. Angela High School graduate stated, I have enjoyed the game of basketball since I started playing in high school. I
remember my coach saying we were not allowed to walk with the ball so when it came to me, I ran with it! Ive come a long way since then. Not only playing in high school, college, and rec leagues, but also teaching, coaching, and officiating. What a great opportunity we now have to play once more with friends and neighbors who share our love of the game of basketball! Karen Olsen Edwards, Aiken High graduate said, Im inspired by Meredith Legg Stapleton, former USCA Basketball star who is battling ocular melanoma. I know she would want to keep on playing no matter her age. We women are playing for fun, fitness and friendship. Wed love to have other women join us that like to remain active and who also like to laugh! Mary Snelling commented, I have missed playing basketball since the church league folded many years ago. Now, I want to play for the pure enjoyment, for the exercise and especially for the camaraderie. A skills clinic will be held on Tuesday, June 11, from 10 12 and is open to all adult women who wish to participate. No experience is necessary, Whitson said, this is for fun!
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Camellia Daze
In the world of unusual and unique camellias is one bloom called Black Magic. This is one of several identified as a black camellia. No its not really black, but very, very dark red. The photo really does not show this dark red quality very well. Black magic was propagated by Nuccios Nursery of Altadena, CA. in 1992. Since its a fairly new variety, Nuccios would be the best source to obtain this variety from or you could try other internet sources. The big box stores wont have this variety. Black Magic is a medium to large irregular semi-double to rose- form double bloom. It has a prominent center of red stamens with golden anthers (pollen producing part of the bloom). The wavy petals are thick feeling almost waxy and very glossy. Many times during Camellia Shows, I have observed people abruptly stopping, looking and saying wow when they see this bloom. They cant help but touch the bloom to feel if it is real. In addition to the color, Black Magic also has interesting foliage. It looks like serrated (saw-tooth) holly leaves. These characteristics would make it an interesting addition to your garden. Beautiful blooms come in the mid to late season (January thru April) and interesting foliage year round. What more could you ask from a plant. Heres hoping to see you along the Camellia Trail. Rio Grande Dave
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Tony Williams
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AIKEN COUNTY, SOUTH CAROLINA- The Aiken County Parks, Recreation and Tourism Dept. (Visitors Center) 113 Laurens Street, Aiken, SC is recruiting volunteers for the summer. Do you have a passion for meeting new people, giving directions, telling guest about exciting tourist attractions in Aiken County? This may be the perfect opportunity for you. If interested please contact Sherri Scott (Tourism Assistant) at 803-642-7557.
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Then remove any weeds and prepare to plant by amending the soil with organic materials (your own compost or purchased compost). Mix the organics into the soil to get your plants off to a good start. Next,
choose your plants in a variety of sizes and textures to make the woodland garden interesting, paying attention to their water requirements and the conditions of your yard. When your plants are in the ground,
apply two to three inches of mulch to the entire area. Suggestion: Use an organic mulch like shredded leaves or a finely shredded bark, and the material will improve the quality of your soil as it breaks down. Now lets talk about plant selection! Denis Bonnets favorite plant for the shade garden is the Japanese maple, particularly the laceleaf varieties whose delicate finely-cut leaves move with the wind. The laceleafs have a limitless variation in color from soft green to a brilliant orange that make them standouts in the shade. The gently swaying branches of the maples contribute to the restful nature of the shade garden, reminding Denis of time spent hiking in the woods on cool days. The family cat loves the garden in the summertime, taking ownership of a cool concrete bench at the back of the property. According to Denis, A shade garden is poetry and
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If you would like to try a new shrub in the shade, Denis recommends that you consider using a fatsia. This is a large-leaf, tropical-looking evergreen shrub that is grown for its bold, dark-green glossy foliage.
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Tuesday, May 28, 2013 nursery on Wire Road near I-20, it is important to look for hostas that are sports (a naturally occurring genetic mutation) of the parent variety Plantaginea. These varieties include Guacamole, So Sweet, Holy Mole, Stained Glass, Diana Remembered, Fragrant Bouquet, and Royal Standard. Hosta Plantaginea and its listed sports are a heat-tolerant species from China, dont require a winter chilling period, and produce a fragrant bloom in August and early September. Look for a hosta with light-colored leaves, something that will stand out in the shadows of the shade. An evergreen alternative to hostas is the Thujopsis, a low-maintenance small shrub that is available at two local nurseries: Shady Characters and Nurseries Caroliniana. The thujopsis is a conifer in the cypress family that provides year-round interest with a mature size of 3 x 3.5. It produces fan-like fronds that layer in a delicate fern-like fashion. You could also try a new fern variety; the Autumn Fern has coppery-red young fronds that mature to deep green and are deeply cut. The Lady in Red fern has lacy, light green foliage on red stems, and the Ghost Fern has an upright habit and silvery fronds. Another plant that is a favorite of Denis Bonnet is Farfugium Gigantea, a large-leafed evergreen foliage plant that would be a standout in any shade garden. The leaves can grow up to 15 wide on a plant that gets up to 36 high. Small plants are important in the shade garden too. Heucheras (coral bells) are herbaceous perennial foliage plants that are native to North America. Foliage colors include yellow, red, purple, green, orange, and black. These small plants (up to one foot high and eighteen inches wide) will provide good contrast for your larger shade plants. Some are evergreen here in the south, and they all send up flower spikes of various colors in the summer. Another favorite small plant is Peacock Spikemoss (Selaginella uncinata), a semi-evergreen spreading groundcover. The fern-like foliage of this plant appears either tinted blue or yellow, depending on the variety. Some are 3 high ground huggers, and some are a little taller. Denis enjoys having visitors in his garden, and invites you to give him a call at (803)649-3331 to let him know youd like to drop by and enjoy the
beautiful shade garden he and Bev have created. Pam Glogowski and Denis Bonnet are Aiken Master Gardeners. If you have questions for either Pam or Denis, please send an email to pamg85@ gmail.com
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Be Proactive
Treat your pets now, before its too late. Apply treatments year-round to repel pests and prevent them from latching onto your pets skin. Just because you dont see fleas or ticks now, doesnt mean they arent worth worrying about. Always plan ahead.
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