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I recently attended the Academy’s 20th Anniversary Summit in our home base of Philadelphia.
First-off, it was wonderful to finally have the Academy in our own backyard. This is the first time in 20 years that a Summit has been held here, and I’ve been waiting for this for almost that long! And judging from the reaction of the attendees, I think it’s fair to say “what took you so long?” In a shameless plug for my City of Brotherly Love, I’m happy to report that Academy members found Philly to be (surprisingly to them) clean, exciting, and obviously full of interesting history to explore. (If you are planning a professional or personal trip to Philadelphia, feel free to email me for the list of sites and attractions that we put together for the Academy’s visit.)
It was also great to be local because we were able, for the first time, to have Academy members visit our office (and feed them local fare). It was gratifying to us, and rewarding for them, to see firsthand how we protect their clients’ advance directives and emergency medical information (and eat Philly pretzels), observe the client registration process (Tastycakes), and witness the outstanding customer service we provide after that (cheese steaks).
Regardless of venue, it was terrific, as well, to be celebrating with the Academy on the occasion of its 20th anniversary. As an affiliate of 17 years, we have seen the impact this organization has made on the lives of its Members and their clients. I have watched the Academy mentor new and transitioning attorneys into successful practitioners. I have seen established firms hire associate attorneys, who then develop into full-fledged partners. I have watched these Members retire, executing their succession plan just as they had intended, with their junior partner(s) taking over the firm.
In a culture that so often focuses on the negative and on failures, it’s nice to step back every once in a while to celebrate positives and successes.
Randi J. Siegel, MBA, is the President of DocuBank (docubank.com), the largest advance directives registry in the U.S., which ensures that the emergency information and healthcare directives of its 200,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. A member of the Center for Advocacy for the Rights and Interests of the Elderly, the International Society of Advance Care Planning, and the Coalition to Transform Advanced Care, she is active in health education and public engagement related to advance care planning and advance directives and serves as Pennsylvania liaison to the National Healthcare Decisions Day initiative. Randi is an ongoing contributor to the Academy blog.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com
As an attorney, you have particular potential to help folks think and talk about their health care goals and wishes. This makes you in synch with National Healthcare Decisions Day (NHDD), a grassroots initiative now in its 6th year which encourages people to do just this. (April 16, the day after tax day, is designated as it’s in keeping with Ben Franklin’s adage that nothing is certain “except death and taxes.”)
National Healthcare Decisions Day (NHDD)
Given your busy schedule, here are some straightforward things to choose from to help others focus just a bit on advance care planning. Some are purely altruistic. Others have marketing potential built in.
- Lead by example: Create or update your own advance directive. Talk with your family about your wishes if you haven’t. (Talking about theirs, too, is even better!)
- Take your staff’s pulse. Have your staff take a quick, anonymous survey of whether they’ve done any thinking about their wishes or completed an advance directive and why or why not. For a short survey, email me. (Your staff may be a good barometer of what your clients are thinking.)
- Encourage your staff to do basic advance care planning. Facilitate an informal conversation among staff about their own questions and their wishes. Maybe bring in lunch to help spur the talking. Have advance directive forms available and have a witnessing party when they sign.
- Offer clients tools to help them talk to their families. The Conversation Project’s Starter Kit includes great ideas for how to open the conversation, along with guidance for talking with their doctor. To introduce a little levity, try suggesting a special deck of cards to spur the conversation. The best ones I’ve found are Heart2Hearts and Go Wish (also has an online version).
- Pass this post on to your colleagues via the listserv of your bar association or estate planning council.
- Engage one member of the media. Contact one health reporter from your local newspaper or TV station and offer yourself as an expert for a story. (The NHDD website has a media kit.) Or, submit an article or op-ed to your local paper (use the NHDD standard template, or contact me for one specifically designed for estate planning and elder law attorneys).
- Reach out to one religious leader in your community (perhaps your own, if relevant). Use the email template in the list of NHDD Tools. Provide links to: the Conversation Project to help parishioners/congregants get started; your state’s online advance directive form; and to the Faith Leader’s Initiative of the Coalition to Transform Advanced Care (C-TAC).
Let me know if I can be of any assistance.
Randi J. Siegel,MBA, is the President of DocuBank(docubank.com), the largest advance directives registry in the U.S., which ensures that the emergency information and healthcare directives of its 200,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. A member of the Center for Advocacy for the Rights and Interests of the Elderly, the International Society of Advance Care Planning, and the Coalition to Transform Advanced Care, she is active in health education and public engagement related to advance care planning and advance directives and serves as Pennsylvania liaison to the National Healthcare Decisions Day initiative. Randi is an ongoing contributor to the Academy blog.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com
I recently attended the first annual meeting of the national Coalition to Transform Advanced Illness Care (C-TAC). Most striking was this: amidst the high-level discussion about healthcare systems changes, public engagement and policy improvements, the over-riding theme was stories. The personal stories from the speakers and panelists about the death of a loved one.
Even the 3 U.S. Senators who spoke (both republican and democratic) began with how their personal stories motivated them to want to improve national policy on this issue. The stories were both of “good deaths” and “bad deaths.”
Everyone has these stories, whether about the death of a parent, a grandparent, a close friend. Which is why you should consider using their power when it comes to your clients’ health care directives and advance care planning. You can elicit their stories, but you can also share your own.
Telling your personal story to clients and prospects can be a good way to:
- Explain what healthcare directives are for
- Convey why it’s important to families to document one’s wishes and talk about them
- Create an emotional connection with clients and prospects
While it may not be appropriate to reveal to clients what sort of estate planning vehicles and decisions your own parents or grandparents made and what happened when they died, you can probably share what happened when they were hospitalized, whether their medical wishes were followed, and whether they were even known.
For some examples of how you might succinctly tell your own story about the death of a loved one, see The Conversation Project. It contains the stories of a number of leaders in medicine, clergy, and the media who came together to share their own stories about the deaths of their own loved ones. Founded by former syndicated columnist Ellen Goodman, this initiative helps people create a comfortable, safe way to talk about their goals for living with and dying from advancing illness
The Conversation Project also has great suggestions on how clients can start their own conversation with loved ones about their health care wishes and how to guide it. Tell them to read the “opening lines” suggestions from The Conversation Project. Tell them to use its guides for when and where they might like to have this conversation. Tell them they have to do it. Sooner or later, their adult children will thank you.
Randi J. Siegel,MBA, is the President of DocuBank(docubank.com), the largest advance directives registry in the U.S., which ensures that the emergency information and healthcare directives of its 200,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. A member of the International Society of Advance Care Planning, she is active in health policy and health education related to advance care planning and advance directives and serves as Pennsylvania liaison to the National Healthcare Decisions Day initiative. Randi is an ongoing contributor to the Academy blog.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com
Today is exactly one week before National Healthcare Decisions Day (NHDD), April 16. The sole purpose of this grassroots initiative (now in its 5th year) is to encourage folks to do their own advance care planning.
I’ve blogged here previously about ways you can use NHDD to help both your firm and your community (see Do Well by Doing Good and Put April 16 On Your Marketing Calendar).
This year to honor NHDD, I recommend we all lead by example. In other words, let’s start closer to home — with ourselves, our families, and our staff.
- Complete an advance directive.
Think you’re the only attorney in this field who doesn’t have one? Not so; you’re in surprisingly good company! But it’s time to practice what we preach. If you don’t have your advance directive yet, just do it. We all urge clients to create these documents because they’re so important, and it’s time we take our own advice!
- Make sure your immediate family all have advance directives.
I’ve talked with two estate planning attorneys who have personally experienced the HIPAA Horror Story: when their children were hospitalized while away at college, the emergency staff refused to tell each of them anything about their child by phone without a HIPAA Release (neither “young adult” child had one). It’s a parent’s nightmare. Yet, it’s easily preventable. As an attorney, you have the document access necessary to easily protect your family. Make sure that your spouse/significant other, your grown children, and your young adult children over 18 have all signed at least a HCPOA and a HIPAA Release.
- Protect your staff.
As you know, your clients appreciate that you got them to create their advance directives by automatically including them in your planning. Sometimes, your staff needs the same kind of push — to create the vital documents that they, too, might rather avoid thinking about. You’re in a unique position to help them protect themselves. Completing their own advance directives is also a good way for your staff to understand more about your firm’s services and to have a taste of your clients’ experience. Some firms actually strongly encourage all staff members to create their estate plans (courtesy of the firm) for this reason.
- Review existing directives.
So you, your family, your staff – everyone – has an advance directive. Great! But it’s not enough to just have them. They need to be kept relevant. Your firm has its own schedule of review for your clients’ documents; why not for yours, as well? Consider reviewing documents for yourself, family, and staff on the same schedule as your firm’s client review cycle. Additionally, Charlie Sabatino, J.D., Director of the ABA’s Commission on Law and Aging, suggests these “5 D’s” as triggers for review of the advance directive: Death of a family member or friend; Divorce; a significant Decline in one’s condition; a new Diagnosis; and each new Decade.
- Talk to Loved Ones about Your Wishes
I’ve blogged about this many times before: this step is just as important as writing directives. Talk about your wishes with your family once a year. NHDD (April 16) is a good time – it gives you a reason and place to begin the discussion. Thanksgiving can be an even better time, especially if most of your extended family is together. Regardless of the day you choose, let’s make sure we all talk about our wishes, and encourage others to do the same.
Randi J. Siegel, MBA, is the President of DocuBank (docubank.com), the largest advance directives registry in the U.S., which ensures that the healthcare directives of its 190,000 enrollees are immediately available 24/7/365. Working with estate planning professionals since 1997, Randi frequently speaks at national estate planning conferences and has appeared on radio and television as an authority on registries. She is active in health policy pertaining to advance directives and serves as a Senior Fellow at the Jefferson School of Population Health in Philadelphia. Randi is an ongoing contributor to the Academy blog.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
9444 Balboa Avenue, Suite 300
San Diego, California 92123
Phone: (858) 453-2128
www.aaepa.com
I just finished analyzing the 2010 financials from over 60 law firms across the country. Most of those law firm submitted financials last year. I’m putting the finishing touches on the spreadsheet all of the Members review together in a closed meeting at every Spring Summit.
Interestingly, there are more law firms with an increase in revenue than law firms where the revenue went down!
I guess the bottom line is that it doesn’t matter how many law firms had increased revenue – what we find is that if “your” revenue was down the natural inclination is to figure out how to point to a cause at something—anything—other than what you have control over. The economy and the estate tax law change is a common chorus in that song.
A recent comment about the economy and the tax law change came up from an Academy Peak Performer and our Oklahoma City Member, also a co-founder and co-leader of the Academy Peak Performer group, Larry Parman responded to that Member with the following message.
You’ll love this! I know I did.
From: Larry Parman, Oklahoma City Estate Planning Attorney, Co-Founder of the Academy Peak Performers Training Program, National Speaker and Book Author
Sent: Monday, May 02, 2011 6:54 PM
First, an observation. As business owners our mission never changes – achieve pre-determined results through the efforts of ourselves and others. Our responsibility is to see outcomes are achieved regardless of what is going on in the economy, new competition, tax law change and so forth. As important, we must acknowledge we have little, if any control, over “outside.” To attribute outcomes to something other than our plans, policies or execution of them can lead to acceptance of mediocrity, and he always travels with his twin, “a reason.” Too often we allow “outside” to own our outcomes.
Second, a recommendation. Declining outcomes should trigger “inside” re-evaluation. When we find ourselves thinking, feeling, believing, that our outcomes are due to the economy or another nefarious outside source, reject that reasoning. Our task remains the same regardless of outside circumstances, namely to set and hit goals.
If a strategy is not effective, for whatever reason, we should think opportunity, immediately dissect our strategies to see if they can withstand marketplace vagaries. Our public seminar strategy shines as example. Those critters are the siren song of the estate planning lawyer’s easy street – seductive, voluptuous… a very attractive creature… quick money from prospects riding by on the Easy Street trolley. As long as they work.
They will decide to take a month or two… god forbid… a year off, sometimes forever. It happens and the Academy is full of Members who have lived to tell the story, myself included.
Once we are clear that we alone create outcomes, the first step is to inoculate against marketplace ebbs and flows. Why would any of us allow our business to be dependent upon one primary lead generation strategy? Too often it happens because adding to reliable revenue streams is hard work. Few are willing.
Perhaps the most challenging thing as a business owner is to abandon long held belief as truth. Why not test our beliefs to see if our business is profitable assuming our beliefs are wrong? The opportunity starts with accurate numbers, problem ID, self-analysis of your chain of lead generation, followed by course correction.
All the items described are an opportunity to revise, enhance and improve for better outcomes. If tax message is not working, change seminar emphasis (our seminars haven’t mentioned much about estate tax for nearly 10 years).
It’s not out there. It’s in here, where opportunity resides.
About the author: Mr. Parman is a frequent guest on the radio and can be seen on television talk shows explaining the importance of proper estate planning. Prosperity Productions selected Mr. Parman is a featured speaker in a nationally-recognized educational video on Living Trusts. He is the author of numerous published articles on financial and estate planning matters and the co-author of two books, Estate Planning Basics: A Crash Course in Safeguarding Your Legacy and Guiding Those Left Behind in Oklahoma: Settling the Affairs of Your Loved Ones.
Mr. Parman is a Member and Fellow of the American Academy of Estate Planning Attorneys. He is also a member of the Oklahoma and Missouri Bar Associations, the American Bar Association, and the Oklahoma City Estate Planning Council.
Jennifer Price
Director of Member Services
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Rd Ste 240
San Diego, CA 92124
858-453-2128
www.aaepa.com
This week my wife’s grandmother passed away and I was reminded how similar weddings and funerals really are. I know this sounds crazy, but these two events have all of the same basic elements.
Weddings and funeral ceremonies are both held in a church, synagogue, or some other type of facility. They both have flowers and decorations, they both typically have music, both have a minister or someone who officiates the service, there’s usually a lot of food at both occasions, and they both have a lot of family travel. In our case, we saw people this week at the funeral that we hadn’t seen since our wedding and we probably won’t see again until another wedding or funeral takes place in our family!
Typically with a wedding you have 6-12 months to prepare. Even though this is a very joyous occasion it can still be very stressful… I know it was for my wife and I! However, with a funeral you usually only have about 6-12 hours to plan. Without proper planning and guidance this can be very difficult on the surviving family when you compound all of the planning that goes into this event especially with the confusion, stress and grief that accompanies the loss of a loved one.
Helping my wife’s family plan this funeral reminded me of all the details that go into planning a funeral. It also reminded me how a well planned funeral ceremony can truly celebrate a life and help them leave a lasting legacy!
I know this is something that none of us want to think about, but it’s going to happen to all of us. With this in mind, we need to be prepared to make it a little easier on our families, and in the case of estate planning attorneys, our clients as well. As I learned this week, this can truly be one of the greatest gifts you can leave your family!
Bryan W. Adams is President & CEO of Premier Planning, LLC and Founder of Legacy Safeguard. Bryan is considered one of the nations’ leading experts on final expense planning, and he frequently speaks throughout the country about the importance of assisting clients to gain peace of mind through advanced funeral funding.
Bryan’s passion for helping families prepare for their final expenses came from being raised in the funeral business. His family still owns and operates several funeral homes, and he is constantly amazed at how unprepared families are when a death occurs. Bryan has worked tirelessly to help Americans plan for the inevitable and lessen the burden on their loved ones.
Academy Guest Blogger
American Academy of Estate Planning Attorneys, Inc.
6050 Santo Road, Suite 240
San Diego, CA 92124
www.aaepa.com
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