Surprenant & Beneski

The Importance of Foundational Documents in the Event of Incapacity: Durable Power of Attorney written by Attorney Erin L. Shea, Esq.

We are often asked, “What will happen if I can’t take care of myself?” Below is part one of a series discussing this important issue. Many people resist planning for a time when they may be unable to make their own legal and financial decisions, perhaps out of fear of losing control, or a worry that they don’t know who to choose to assist them, or simply because that they can’t imagine that they will ever need that kind of help. However, if you don’t act while you still can and name your own alternate decision-maker, your family may need to go to probate court to file a petition for conservatorship in order to help you. That process is costly, public, and burdensome during a time when they would rather be spending time with their loved one, rather than in a court room. The good new is, it’s avoidable! With a properly drafted Durable Power of Attorney, you can name a primary and alternate person to make legal and financial decisions for you in the event that you either cannot make them for yourself or if you just start slowing down and want the assistance with activities like bill paying and managing assets. It’s important to remember that not all Durable Powers of Attorney are created equal. So, what are some powers that a good Durable Power of Attorney should include? 1. Self-Dealing Powers – you may want your spouse, child, or family member to be able to transfer assets to him or herself. In the context of MassHealth planning, transfers may be necessary in order to achieve the government benefit. 2. Retirement Planning Powers – it may be necessary for your agent to make certain elections with regard to your IRA or 401k. If this power is not specifically included, it may result in your agent being unable to withdraw your Required Minimum Distributions by the deadline and could cause a 50% penalty on the amount not withdrawn. 3. Banking Powers – your agent will likely need to write, receive, sign and endorse checks, deposit and withdraw funds, and open and close checking and savings accounts in banks or other institutions. 4. Trust Powers – it may be advisable for your agent to create and fund a revocable or irrevocable trust, or to amend or revoke any such trust to the same extent that you would be empowered to do. 5. Governmental Entitlement Powers – if you need care, at home or in a nursing home setting, your agent will need this power to deal with any and all state or federal agencies in order to apply for benefits on your behalf. These are just a few of the provisions that should be included in your Durable Power of Attorney. Stay tuned next month for a discussion on important considerations related to your personal and medical decisions. If you haven’t chosen your alternate decision-makers, or if you have a Durable Power of Attorney that you want to have reviewed to make certain it will work for you when you need it to, we invite you to contact our office to schedule a meeting with one of our attorneys to gain clarity on your plan and learn recommendations to best accomplish your objectives. If interested, please contact our office at 508-994-5200. ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton, MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Paella

Ingredients:

• 1 pound extra-large shrimp, peeled and deveined
• Salt and ground black pepper
• Olive oil
• 8 or 9 medium garlic cloves, minced  to equal about 2 tablespoons
• 1 pound boneless, skinless chicken thighs and halved crosswise
• 1 red bell pepper, stemmed, seeded, and cut lengthwise into 1/2-inch-wide strips
• 8 ounces chourico, sliced 1/2 inch thick
• 1 medium onion, chopped fine (enough to equal 1 cup)
• One 14.5-ounce can diced tomatoes, drained, minced, and drained again
• 2 cups Arborio rice
• 3 cups low-sodium chicken broth (store bought is fine)
• 1/3 cup dry white wine
• 1/2 teaspoon saffron threads, crumbled
• 1 dried bay leaf
• 1 dozen mussels, scrubbed and debearded (or little neck clams, if you prefer)
• 1/2 cup fresh or frozen peas (thawed)
• 2 tablespoons chopped fresh flat parsley leaves
• 1 lemon, cut into wedges, for serving

Directions:

1. Heat the oven to 350°F.
2. Toss the shrimp, 1/4 teaspoon salt, 1/4 teaspoon pepper, 1 tablespoon oil, and 1 teaspoon of the garlic in a medium bowl; cover with plastic wrap and refrigerate until needed.
3. Season the chicken thighs with salt and pepper; set aside.
4. Heat 2 teaspoons oil in a large Dutch oven over medium-high add the pepper strips and cook, stirring occasionally, until the skin begins to blister about 3 to 4 minutes. Transfer the pepper to a small plate and set aside.
5. Add 1 teaspoon oil and add the chicken pieces in a single layer; cook, without moving the pieces, until browned, about 3 minutes. Turn the pieces and brown on the second side. Transfer the chicken to a medium bowl. Reduce the heat to medium and add the chourico and cook, stirring frequently, until browned. Transfer to the bowl with the chicken and set aside.
6.  Add 2 tablespoons; of oil & heat. Add the onion and cook, stirring frequently, until softened. Stir in the remaining garlic and cook about 1 minute. Stir in the tomatoes and cook until it thickens slightly. Stir in the rice and cook until the grains are well coated with the tomato mixture.
7. Stir in the chicken broth, wine, saffron, bay leaf, and 1/2 teaspoon salt. Return the chicken and chourico to the pot, increase the heat to medium-high, and bring to a boil, uncovered, stirring occasionally. Cover the pot and transfer it to the oven; cook until the rice absorbs almost all of the liquid, about 15 minutes.
8. Remove the paella from the oven (close the oven door to retain heat). Uncover the paella; scatter the shrimp over the rice, insert the mussels hinged-side down into the rice. Add the bell pepper strips and scatter the peas over the top.
9. Cover and return to the oven; cook until the shrimp are opaque and the mussels have opened, 10 to 12 minutes.
10. Let the paella stand, covered, about 5 minutes. Discard any mussels that have not opened and the bay leaf, if it can be easily removed. Sprinkle the paella with the parsley and serve, passing the lemon wedges separately.

S & B Recommends - Boo at the Zoo

There is only one last chance to enjoy the Buttonwood Park and Zoo's annual "Boo at the Zoo" on Friday, October 30th!  Boo at the Zoo is a great time for young and old with not too scary decorations Boo at the Zoo is a great time for young and old with not too scary decorations and rides. Of course, there is trick or treating as well! Boo at the Zoo admission is $10/adult and $7/child for zoo members. Non-members’ admission for Boo at the Zoo is $15/adult and $12/child. Rides are included in the price of admission. Children under 3 are free. For more information, click here!

What Is Urgent Care & Why Do We Use It? written by guest author Cheri Moorehouse

We live during a time where healthcare can be more confusing than ever. Unfortunately, we are also in the middle of a healthcare crisis around the country and have more rules and fewer choices. However, you DO have the right to seek treatment at an Urgent Care facility. This will save you time and money. Having the knowledge before you need medical care is important and the information provided should ease your confusion about when to use Urgent Care vs your primary care physician or the emergency room. So, what is Urgent Care? Urgent Care is medical care provided by Certified Medical Staff that fills the gap between your primary care physician and the emergency room. Your primary care physician practices medicine to prevent illnesses and the ER treats life threatening issues like heart attack and stroke.  Urgent Care can treat everything from the common cold to broken bones and everything in between. Urgent Care centers are open 7 days a week for extended hours daily. Most Urgent Care centers accept insurance and cash payments and some have a self pay program. Not all Urgent Care centers accept Medicare. Your visit will be about 25% of the cost of an ER visit and is comparable to a visit to your primary care physician with the exception of higher co-pays. A typical Urgent Care co-pay is $30 - $50. You also have the choice of which Urgent Care facility you visit. It does not matter if your primary care physician belongs to a particular healthcare group; it’s your choice to go where you choose. Have you ever called your primary care physician when not feeling well and been told they can see you in a week? When you’re not feeling well waiting a week is not feasible. This is a great example of when you should go to Urgent Care. Some other examples would be:

• Sprains/strains
• Wounds requiring stitches
• X-ray & lab
• Eye irritation
• Flu/colds
• Cough
• Sore throat
• Urinary tract infection
• Skin rashes
• Immunizations

After being treated at Urgent Care you will receive a copy of your record so that you may follow-up with your primary care physician. You’ll want to continue to see your primary care physician for routine care, management of medication, referrals to specialists and preventative care If you are experiencing any signs of heart attack or stroke, severe change in vision, a severe head injury or bleeding profusely, always dial 911 and seek emergency treatment. Utilizing Urgent Care is key in allowing the emergency room to provide the services they are intended and will eliminate the over-crowded waiting rooms and high costs that affects everyone from using the ER as a source for non-life threatening issues. About the Author: Cheri Moorhouse is the Business Development Manager at afc/Doctors Express Urgent Care located in the Market Basket Plaza at 119 Coggeshall Street New Bedford, Mass. They are open Monday through Friday 8 am to 8 pm and Saturday and Sunday 8 am to 5 pm. If you have any questions about the services that AFC/Doctors Express Urgent Care provides,  please call 508-990-1900 and their staff will be happy to assist you. ©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Caramel Apple Sangria Recipe

Ingredients: • 1 750 ml bottle of Pinot Grigio (or your favorite white wine) • 1 cup caramel flavored vodka • 6 cups apple cider • 2 medium apples, cored and chopped Directions: 1. Stir the wine, vodka, and apple cider together in a large pitcher. 2. Add the chopped apples to the pitcher, or to individual glasses. 3. Serve the sangria over ice.

S & B Recommends - Urgent Care

With winter soon approaching, so will the season of the flu, colds, bumps and bruises and there will be an uptick of Emergency Room visits or visits to the primary care physicians. The wait time for these visits can be excruciatingly long. By utilizing Urgent Care/Walk-In facilities, you can eliminate a lot of that wait time.  Here is a list of Urgent Care/Walk-Ins by city/town: Greater New Bedford area: AFC/Doctors Express                                                                                                                                                119 Coggeshall St, New Bedford, MA 02746                                                                                                Phone:(508) 990-1900                                                                                                                                        Hours: Mon-Fri 8am - 8pm; Sat-Sun 8am - 5pm                                                                                       www.doctorsexpressnewbedford.com South Coast Urgent Care at Wareham Crossing 2421 Cranberry Highway,Wareham, MA 02571 Phone: 508-273-1810                                                                                                                                           Hours: Mon-Fri 8am - 8pm; Sat-Sun 9am-5pm Southcoast Urgent Care at Center for Primary and Specialty Care Fairhaven 208 Mill Road, Fairhaven, MA 02719 Phone: 508-973-2432                                                                                                                                               Hours: Mon - Fri  8am-8pm; Saturday and Sunday - 9am - 5pm website: www.southcoast.org/urgentcare Greater New Bedford Community Health Center                                                                                               874 Purchase Street New Bedford, MA 02740                                                                                        Phone:508-992-6553                                                                                                                                            Hours: Mon-Fri 7am-7pm; Sat 8am-4:30pm; Sun 8am-2pm                                                                   www.gnbchc.org/urgent Hawthorn Medical                                                                                                                                                     531 Faunce Corner Road, Dartmouth, MA 02747                                                                                         Phone: 508-996-3991                                                                                                                                              Hours: Mon-Fri 8am - 8pm; Sat-Sun 8am - 4pm                                                                                        www.hawthornmed.com/urgent-care-center Greater Fall River area:                                                                                                                                           The Truesdale Clinic                                                                                                                                                1030 President Ave. Rm. 214, Fall River, MA 02720                                                                                           Phone: 508-676-3411                                                                                                                                                    Hours: Mon-Fri 9am-5pm
Fall River Ambulatory Care Center                                                                                                                        289 Pleasant Street Fall River, MA 02721 Phone: 508-674-7779 Prima Care                                                                                                                                                     Dartmouth Medical Center                                                                                                                                       39 Faunce Corner Rd, Dartmouth, MA 02747 Phone: 508-996-3311                                                                                                                                        website: www.prima-care.com/services/walkin_ambulatory Somerset/Swansea Medical Center 67 GAR Highway, Somerset, MA 02726 Phone: 508-678-5631 Main Road Family Medicine                                                                                                                                    831 Main Road, Westport, MA 02790 Phone: 508-636-0613      

Recipe of the Week - Broccoli Chicken Cups

Ingredients: • 2 cups (8 ounces) shredded cheddar cheese, divided • 1-1/3 cups crisp rice cereal • 1 cup cubed cooked chicken • 2 tubes (10 ounces each) refrigerated regular biscuits (not Grands) • 1 can (10-3/4 ounces) condensed cream of mushroom soup, undiluted • 3 cups frozen chopped broccoli, cooked and drained Directions: 1. Place biscuits in greased muffin cups, pressing dough onto the bottom and up the sides. 2. Add 1 tablespoon cheese and cereal to each cup. 3. In a large bowl, combine the chicken, soup and broccoli; spoon into each muffin cup. 4. Bake at 375° for 20-25 minutes or until bubbly. 5. Sprinkle with remaining cheese. Makes about 12.  

S & B Recommends - Blue Apron

If you are on Facebook or watch late night TV, you probably have seen a commercial for a service called "Blue Apron".  What the heck is that, you ask?  It is a pretty ingenious way to grocery shop and cook healthy and creative meals in just 35 minutes or under!  How it works is that Blue Apron delivers all the fresh ingredients you need to cook a meal with the exact proportions. They offer two plans, with no commitment and no fees.  Blue Apron does the menu planning and shopping for you and then delivers all the ingredients and fresh food right to your front door.  So, what do you do?  All you need to do is follow the easy to understand recipe, cook and enjoy!  There is no membership fee and no minimum commitment. You can  even skip any week’s delivery in advance or cancel at any time. The menu is based on your dietary preferences...which you can change or update at any time! The service is designed to teach you how to cook new recipes, expose you to seasonal, farm-fresh produce and reduce unnecessary food waste. Where was this when I was single, in college and eating ramen noodles every night? Want more information?  Please click here or follow them on Facebook by clicking here!  

The Cost of Long-Term Care & How to Protect Your Assets written by Atty. Michelle Beneski, Esq., LL.M, CELA

Long-term care costs could be home care costs, assisted living care costs, or nursing home costs. These can be substantial and can deplete a family’s savings in a very short period of time. In some cases, it’s necessary to shelter assets, so that the assets do not have to be spent on care. Sometimes assets can be protected from the cost of care depending on, among other factors, your assets, your family, your state, and your illness.The first question to ask yourself is, “Do you want to protect your assets from the costs of long-term care and, if so, why?” If there is not an important reason to protect your assets for your children or other beneficiaries, then it makes sense to use those assets to stay at home, even if it depletes the estate.There are reasons a person might want to pay privately for care. Perhaps the client desires a private room at the nursing home. Private rooms are often only available to those residents who privately pay for care. In some states assisted living facilities must be paid for privately. Quality of life is often better at an assisted living facility than a nursing home, and, therefore, clients who cannot manage at home may want to live in the assisted living. Many times, the government benefits available to pay for home care are not sufficient to keep a person at home. If the client wants to stay at home, then either the person’s family must supply care, or caregivers must be hired privately.

Seek out an elder law attorney for help in protecting the family home and sometimes other assets from the cost of care so that the assets can be given to children or other heirs. It helps to do some research, start with a book like Protect Your Family! Don’t Write a Blank Check to the Nursing Home.There are ways to protect the home and other assets from having to be sold to pay for care, but these methods can be complicated. Veterans benefits, Medicaid, subsidized housing, long-term care insurance, and reverse mortgages; each of these topics can be used in the appropriate circumstance as a tool to protect assets from the cost of care.It is important to asses these programs to determine which are suitable in your situation.©Surprenant & Beneski, P.C. 35 Arnold Street, New Bedford, MA 02740, 336 South Street, Hyannis MA 02601 and 45 Bristol Drive, Easton, MA 02375. This article is for illustration purposes only. This handout does not constitute legal advice. There is no attorney/client relationship created with Surprenant & Beneski, P.C. by this article. DO NOT make decisions based upon information in this handout. Every family is unique and legal advice can only be given after an individual consultation with an elder law attorney. Any decisions made without proper legal advice may cause significant legal and financial problems.

Recipe of the Week - Pork Cutlets with Sweet and Sour Apples

Ingredients:

• 2 heaping Tablespoons all-purpose flour
• 1 Tablespoon ground coriander
• 1 teaspoon of salt
• 3/4  black pepper
• 1-1/2 pounds pork cutlets
• 1 Tablespoon olive oil
• 1 Tablespoon butter
• 1 small  red apple like a Gala or Macoun apple, sliced
• 1 small green apple like a Granny Smith apple, sliced
• 1/2 cup chicken broth
• 2 Tablespoons white wine vinegar
• 1/4 cup fresh flat-leaf parsley, chopped

Directions:

1. In a small bowl, combine flour, coriander, 1 teaspoon salt and 3/4 teaspoon black pepper.  Lightly dip each piece of pork into the flour mixture, coating both sides evenly.  Set aside. (Do not stack pork pieces on top of each other.)
2. Heat butter and oil over medium-high heat in a large skillet.  Sprinkle apples with a little salt and pepper and cook them, cut side down until they are slightly golden brown.  About 4 minutes, transfer to plates.
3. Working in batches of three (you might need to add more oil), cook the pork until golden brown and cooked through, about 3 minutes per side.  Some pieces may take less time.  Transfer to a plate and keep warm.
4. Add the chicken broth and vinegar to the pan and simmer until slightly reduced, about 5 minutes.  Stir in the parsley.
5. Serve the pork with the apples and pan sauce poured over the top.