The Oregon State Legislature is currently in full session and debating a proposed budget for Governor Brown’s approval. At stake is funding for our Oregon Courts. The Judicial Branch currently receives less than 3% of the total budget even though it is one of our three branches of government. SYK partner, Chris Costantino, in her role as President of the Oregon State Bar this year co-authored an article which was recently published in The Oregonian outlining the need to adequately fund our state courts in the 2019 budget. Right now, only one court house in the entire state is providing public services full time; other courts have limited time to answer phone calls or in-person requests. This is because court staffing has been cut by more than 12% since 2009.
Clackamas County has launched a free and confidential 24/7 call-in at 503.200.1633 (or 800.282.7035) for adults older than 55 who live in Clackamas County. The Senior Loneliness Line supports seniors in the community who are feeling lonely, anxious, or having difficulty connecting. Staff members are primarily trained under Lines for Life, to be well-equipped for crisis management training and suicide prevention. Staff members are also mandatory reporters and have been trained on how to fill out reports to Adult Protective Services.
Today, over 46 million Americans are 65 years of age or older. This accounts for nearly 15% of the population. According to the Population Reference Bureau, that number is projected to more than double by the year 2060. It will reach an estimated 98 million and 24% of the U.S. population. Approximately 1 out of every 10 Americans, age 60 and older have experienced some form of elder abuse. Estimates of financial elder abuse and fraud costs range from $2.9 billion to $36.5 billion annually
On Thursday, February 21st, SYK attorneys Victoria Blachly and Darlene Pasieczny will speak to the Oregon State Bar Securities Regulation Section about financial elder abuse in the securities industry. Their program “Recent Tools to Combat Financial Elder Abuse: Mandatory and Permissive Conduct Under FINRA Rules and Oregon Law for Securities Professionals,” will take a closer look at Oregon statues and FINRA rules regarding mandatory and permissive conduct for brokers and investment advisers when there is reasonable suspicion of financial abuse.
Friend of the firm, Arlene Cogen, has the #1 new release in Finance on Amazon – Give to Live: Make a Charitable Gift You Never Imagined.
“This is a love story about your finances, taking care of family and making a difference. Whether you are new to charitable giving or simply keen to improve your understanding of giving and philanthropy, this is your book. It will free you from the haze of the complicated jargon, break things down in understandable terms and share ways to effectively and meaningfully include philanthropy in your life.”
Darlene Pasieczny will moderate “Hybrid Advisers” panel, Tuesday October 9th. They will be exploring issues in regulation and customer dispute resolution when a culpable financial adviser “wears two hats” as both a FINRA‐licensed broker and SEC‐licensed registered investment adviser. When is the brokerage firm responsible for conduct by its dual‐registered associated person? How do FINRA and the SEC parse enforcement issues for these hybrid advisers? The panel will discuss trends in customer arbitration cases, recent case law decisions, compliance and enforcement.
Find registration information in the full article!
Large and small heavy equipment rental providers throughout the state of Oregon recently scored a huge victory when Governor Brown signed HB 4139 into law earlier last month. The new law replaces Oregon’s existing personal property tax system for heavy equipment with a 2 percent tax on every heavy equipment rental transaction starting in 2019. While many states have either eliminated personal property tax or have exempted certain manufacturing and construction businesses from ad valorem property tax, Oregon was one of the few remaining that offered no relief or reform of any kind for heavy equipment rental providers. Critics often cited the compliance costs associated with the business personal property tax as complex and burdensome in a way that discouraged many companies from accurately reporting. The old system was a location-based tax, meaning that a company would be taxed on heavy machinery it owned based on where it was sitting on January 1 of that year. Heavy equipment rental businesses often rent their equipment out all over the state and beyond, so tracking location of constantly moving equipment for tax purposes proved difficult and also created the potential of requiring companies to pay additional tax in multiple counties or states on the same equipment where assessment dates varied.
In late April I attended a Portland Women in Leadership symposium, “Women Blazing Trails, presented by The Pacific Northwest Diversity Council”. The five speakers and moderator were both educational and inspiring, and when listening to how intelligence, emotions and adaptability are an important combination for strong and successful leadership, it dawned on me that one should be looking for that same recipe when choosing a lawyer. Learning more about this alphabet soup of intelligence and ability puts a new focus on the characteristics you may want for your legal team.
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.
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.
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.”