Productive & Positive Planning for Aging: Check Your To Do List

A recent article broke down the often daunting and ignored tasks that make for good planning decisions when you or a loved one ages – – well in advance of when one’s ability to make such decisions may be taken away by changing physical or mental health – or the involvement of a court, in some cases. The article breaks it down into three categories.

As with many important decisions in our lives, knowledge is power, so arm yourselves accordingly. Naturally, the legal documents to effectuate your ultimate decisions are also a necessary part of the planning process, so make sure your estate planning attorney knows your plan, to make sure everything is in place to meet your legal needs.

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SYK Authors – Administering Trusts in Oregon

The 2018 edition of Administering Trusts in Oregon is set to be released this month, and many of the authors are familiar. Of the prestigious group of contributors for this new edition, Samuels Yoelin Kantor was well represented. Attorneys Eric Wieland, Walker Clark, Caitlin Wong, and Valerie Sasaki were all contributing authors, and both Stephen Kantor and Jeffrey Cheyne, prior to his passing, were editors for this edition.

The new version of Administering Trusts in Oregon is a guide for lawyers in the areas of estate planning, elder law, family law, and general practice. This is the first update since the last edition was released in 2012.

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Grounded: Delinquent Tax U.S. & International Travel

Delinquent tax debt can now potentially ground U.S. taxpayers from international travel

Starting this year, The Internal Revenue Service (IRS) and U.S. State Department have teamed up in a manner that may affect the future travel plans of certain taxpayers that owe a large amount of money to the Treasury. In late 2015, President Obama signed the Fixing America’s Surface Transportation Act (FAST Act) to address long-term funding for surface transportation infrastructure planning and investment. Embedded deep in the law is Section 32101, which requires the IRS under § 7345 of the Internal Revenue Code (IRC), to notify the State Department of taxpayers certified to have “seriously delinquent tax debt”. Upon certification from the IRS, the State Department is then required to deny a passport application for such individuals and also potentially revoke or limit passports already issued to said taxpayers.

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Changing Your Name and Gender in Oregon

Oregon is on the move to become a more transgender and non-binary friendly state.

In 2016, an Oregon judge allowed Jamie Shupe, a person who identified as non-binary to change their identity to a neutral third gender. The judge’s decision to allow a non-binary gender is widely believed to be the first of its kind in the United States.

After this decision, Oregon gained momentum in creating a more streamlined process for those who wished to change their name and gender. Changing one’s name and gender used to be a complicated process which was different county to county and which could not always be accomplished alone.

However, starting in 2017, the State of Oregon Judicial Department began providing statewide forms for both adults and minors who want to change their name and/or gender. The petition allows the applicant to decide whether they want to identify as male, female, or non-binary. The forms provide instructions for filling out a petition, where to file the petition, and how much filing the petition costs.

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Letter to the Editor: BOLD Action for Alzheimer’s

SYK attorney, and commissioner on senior services, Victoria Blachly is an outspoken advocate for the Oregon Alzheimer’s Association, and the people whose lives have been touched by Alzheimer’s.

Today Victoria’s letter to the editor was published, with a call to action for Congress to protect those effected by Alzheimer’s.

“Today, there are more than 5 million Americans living with Alzheimer’s and more than 15 million serving as unpaid caregivers. Too often Alzheimer’s is treated as an aging issue, ignoring the public health consequences of a disease that someone in the United States develops every 66 seconds… Alzheimer’s is the most expensive disease in America at an estimated cost of $259 billion annually. And with Medicare and Medicaid covering two-thirds of its annual costs, Alzheimer’s demands more attention from our government.”

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Investor Alert – NASAA and SEC Warn about Cryptocurrency Related Investments

On January 4th, the same day I posted about a recent FINRA Investor Alert regarding cryptocurrency, there was a new press release from the North American Securities Administrators Association (NASAA) with further guidance on the same topic. NASAA’s analysis and warning amounts to this: Initial Coin Offerings (“ICOs”), and all other investment products related to cryptocurrency or the blockchain, pose a threat to investors.

“A NASAA survey of state and provincial securities regulators shows 94 percent believe there is a ‘high risk of fraud’ involving cryptocurrencies. Regulators also were unanimous in their view that more regulation is needed for cryptocurrency to provide greater investor protection.”

The same day, the SEC made a public statement from Chairman Jay Clayton and Commissioners Kara M. Stein and Michael S. Piwowar, in wholehearted agreement with NASAA: “The NASAA release also reminds investors that when they are offered and sold securities they are entitled to the benefits of state and federal securities laws, and that sellers and other market participants must follow these laws. Unfortunately, it is clear that many promoters of ICOs and others participating in the cryptocurrency – related investment markets are not following these laws. The SEC and state securities regulators are pursuing violations, but we again caution you that, if you lose money, there is a substantial risk that our efforts will not result in a recovery of your investment.”

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