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GuardianOCTOBER 2015
A publication by the Guardian Association of Pinellas County for the purpose of promoting advocacy & education.
GuardianUPCOMING CONFERENCE
Not only will you have a chance to hear SPGOExecutive Director Tom Jones address audience membersat the 8:30 a.m. welcome session but you may runinto him at any one of the four legal sessions he plansto attend before returning to Tallahassee. Tom is anaffable guy with impressive credentials who has donethe Association proud by agreeing to be a part of thisConference. You can check his profile in the ProgramBook and if you don't catch him at the welcomesession feel free to tag after him later to ask questions
on his talk, "Public Guardianship Program Monitoring."
Dr. Jessica Banko of USF Health Byrd Alzheimer'sInstitute in Tampa has also given the Conference aboost by agreeing to be our luncheon speaker. Dr.Banko graciously toured guardians and healthcareworkers around Byrd in May and wowed everyonewith the scope and depth of the work she and hermultidisciplinary team have accomplished. Check Dr.Banko's profile in the Program Book to see who is inthe driver's seat for top performance in delving into thebaffling disease and coming up with tentative answers.
Master of Cermonies Maria Winer at one timeserved on the Guardian Board of Directors and herpluck and dedication as a guardian have given herthe experience necessary to open and operateMaria's Adult Day Care Center in Seminole. She isPresident of Florida Caregiver's Network, an organ-ization which played a large part in encouraging theCity of Seminole to adopt the Purple CityCampaign, making it the first dementia-friendlycity in Florida. We applaud Maria's efforts in thisventure and are honored to have her as our M.C.
Walk-ins are welcome (for a fee) to sign in at the registration desk andattend sessions of their choice. Those who want to enjoy a gourmet lunch andhear Dr. Banko's talk for only $35 are also welcome. Free Valet Service isavailable for your convenience.
Newsletter
TheProfessional
Dr. Jessica Banko
Maria Winer
CCEELLEEBBRRIITTYY SSIIGGHHTTIINNGGSS
Tom Jones
Calendar & Coming
EventsOCTOBER 9, 7:45 A.M.
19TH ANNUAL CONFERENCE
THE HILTON ST. PETERSBURG
CARILLON PARK
OCTOBER 20, 3:30 P.M.
GAPC BOARD MEETING
Palms of Largo - REGAL PALMS Bldg.VERANDAH ROOM
OCTOBER 20, 5:30 P.M.
MEMBERSHIP MEETING
MEET THOSE RUNNINGFOR THE BOARD OF DIRECTORS
Hors d’oeuvres at 5:30 p.m.,
Palms of Largo - CYPRESS PALMS Bldg.
400 Lake Avenue NE, Largo
RSVP to Association Website:www.GuardiansOfPinellas.org
OCTOBER 30, 9:00 A.M.
GAPC NETWORKING BREAKFAST
GRAND VILLA OF ST. PETERSBURG
3600 34th St. So., St. Pete
RSVP to Association Websitewww.GuardiansOfPinellas.org
ASSOCIATION COMMUNICATIONS
P.O. Box 1826Pinellas Park, FL 337801-954-866-GAPC (4272)
2015 Board of DirectorsOfficers
Board Members
Committees
President ............................................LynnMarie Boltze 813-625-8734 [email protected]
Vice President ........................................Bruce Wallace804-8933 [email protected]
Treasurer...........................................LynnMarie Boltze813-625-8734 [email protected]
Secretary ................................................Monica Moses 813-260-5702 [email protected]
Tina Costa 813-334-3472 [email protected]
Mark Grande 785-0973 [email protected]
Fernando Gutierrez 776-2266 [email protected]
Trisha Randall 553-5100 [email protected]
Past PresidentCynthia Van Vliet253-3735 [email protected]
By-Laws / Ethics/Legislation CommitteeAccepting applications for
Chair & Co-Chair positions
Conference CommitteeLynnMarie Boltze, Chair; Monica Moses, Co-Chair
Education CommitteeMonica Moses, Chair; Bruce Wallace, Co-Chair
Membership/Public Relations CommitteeTrisha Randall, Chair; Mark Grande, Co-Chair
Nominating CommitteeMark Grande, Chair; Bruce Wallace, Co-Chair;
Sue Coterel; Diane Partridge
Newsletter Editor & Breakfast Facilities CoordinatorPhyllis Johnson
596-8919 or [email protected]
ASSOCIATION COMMUNICATIONS
P.O. Box 1826Pinellas Park, FL 337801-954-866-GAPC (4272)
CONFERENCE INFO 2
50/50 RAFFLE DRAW
Take your chance on a fund-raising raffle at the AnnualConference on Friday, October 9th. Raffle tickets cost $2each, 6 for $5 or $20 will buy you an boatload of tickets.
Purchase your tickets at the GAPCRegistration Desk or look for one of theBoard of Directors or Volunteers withtickets to sell. Then join us at 5:00p.m. as we draw the lucky winner.Proceeds are split 50/50 with ourAssociation.
MAKE SURE YOU STAY CONNECTED...
A new app designed especially for the Annual Conferenceand Guardian community, sponsored by Expose Mobile, isnow available free. If your phone has a compatible version(latest version) in Android you will be able to utilize this toolto keep you up to date on Guardian events including theAnnual Conference. The iphone version should be availableby Friday, October 9th.
To access the new app, go to Google Playstore App andtype in Guardian Association. The app is free. If you shouldhave problems accessing/downloading the new app, pleaselook for those with Volunteer Badges at the Conference, orask for help at the GAPC Registration Desk. Volunteersshould be prepared to help you.
SPEAKER CHANGE...
Michael Conway has kindly offered to speak at our Conferencein place of Dr. David Weiland who was called out of townsuddenly for a family emergency. Michael Conway, a prominentmental health and substance abuse professional, educator andmentor will speak on Aging and Addiction. Michael currentlyworks with Pathways To Your Recovery as a consultant, speaker,and educator, focusing on workshops, seminars, and retreats forprofessionals in the healthcare field, as well as those in recoveryprograms. He is also on the Board of Directors for NAMI ofPinellas County (National Alliance for Mental Illness).
3
FROM THE DESK OFTHE PRESIDENT
LynnMarie Boltze
THOUGHTS FROM THE PRESIDENT...I am so excited about our upcoming 19th Annual Conference this Friday, October 9th. Special guest and Master
of Ceremonies will be Maria Winer, Professional Guardian and Owner of Maria’s Adult Day Care Center, who has aspecial place in our hearts.
One of the topics we are addressing at the Conference is Public Guardianship and Program Monitoring with ourvery own Tom Jones from SPGO. Dr Jessica Banko with the Byrd Institute will be updating us on what is expectedregarding Alzheimer’s by 2020.
To check out the additional list of speakers we have at the Conference look at the schedule on page 5, sign up onour website to attend and choose the workshops that will improve your skills and increase your knowledge. We arepleased that we are once again offering 7 CEU’s and 6 CLE’s.
A big thank you goes to our Conference Committee members who have worked extremely hard to secure speakerswith topics pertinent to the interests of guardians and service providers in our area.
Reminder, we are holding elections for the Board at our October Board meeting and have five positions still open.We are only as strong as our leadership and we need each and every one of you to pitch in and be part of the team!
October is “National Guardianship Month” and we are honored to have received a Proclamation from PinellasCounty Board of County Commissioners (see Page 7). Look for our Proclamation to be on display throughout theConference.
Warm Blessings
LYNNMARIE
CONTACT INFO:
Cell: 813.625.8734 Fax: [email protected]
LIKE US ON FACEBOOK!https://facebook.com/GuardianAssociationPinellas
Guardians and Healthcare professionals can exchange ideas, ask questions, seek solutions, and check out networking events.
THE GUARDIAN ASSOCIATION WANTS YOU!GAPC members who want to influence the direction of the Association can have
their say by becoming a member of our Board of Directors. Interested parties must submit a resume, letter ofintent and photo to Nominating Committee Chair Mark Grande([email protected]) Please do soquickly in order to introduce yourself as a candidate at the October Meeting and to included in the Novemberelection ballot.
The position requires you to have been a member in good standing since October 2014, run from 2016 -2018,attend monthly Board Meetings and participate in regular monthly meetings whenever possible.
It's not Game of Thrones, guys. Everyone who sits on the Board has a fair stake in the proceedings and thefuture of the Association.
OCTOBER NETWORKINGBREAKFAST
A CASE STUDY: THE GUARDIAN
AND THE ORGANIZER
Beth Warren, Owner andPresident of Redefined Living™and Redefined Moving, currentlysits on the board of NationalAssociation of Senior Move Managers (NASMM),is amember of NASMM Ethics Committee and is a frequentNASMM conference speaker. She is also a member ofNational Association of Professional Organizers(NAPO).
Redefined Living, specializing in Move Managementand Professional Organizing services, in 2014 wasrecipient of the Clearwater Chamber of Commerce SmallBusiness of the Year Award and in 2015 Beth was recip-ient of the Mid-Pinellas Chamber of Commerce InspireAward for her commitment to finding donations for ourlocal food pantry. .
She would like to hear from audience membersregarding the burdens of relocation they encountered inthe past so have your scenarios ready for Beth whoseservices include Floor and Space Planning, Packing andUnpacking, Organizing and De-cluttering, Age In Placeservices, as well as Estate Clean-Out or Disbursement.She also provides on-site customized training for newmove management companies under the Go Red DoorBrand.
Come join us as we gather at Grand Villa, St. Pete,3600 34th Street South, St. Petersburg. This is always aterrific networking opportunity, useful information, goodcompany and a delicious breakfast!
4ASSOCIATION INFO
Beth Warren
MEMBERSHIP MEETINGTUESDAY, OCTOBER 20th
There will be no speaker at this month’s Membership Meeting.
A short presentation will be given by each Board of Director
Candidate for your consideration.
Hors d’oeuvres at 5:30 p.m., The Palms of Largo, Cypress Palms Building,
400 Lake Avenue NE, Largo.
RSVP to Association Website:
GuardiansOfPinellas.org
This ‘n That
Just a reminder...Free Valet Services are
available at our Conference onFriday. Please take advantageof this convenient service provided by Seasons Belleairand Seasons Largo .
❖ Grand Villa of Largowill host Virtual DementiaTour - an interact iveexperience that improvescommunication and care.
Event takes place Saturday, October 10th,10 a.m. - 2 p.m., 750 Starkey Road, Largo.RSVP (727) 219-1374.
❖ Attend the Active Shooter Incidentsin Healthcare—Survival Functional Exerciseand Demonstration Nov 6, 2015, 8 a.m. –4:30 p.m. presented by Tampa Bay Health& Medical Preparedness Coalition and St.Petersburg College 6 CE, $79 Registrationat spcollege.edu/health-ceu.
Watch two demonstrations, hearfrom the FBI and participate in a drill.For information (727) 341-3376.
❖ Guardian President LynnMarie Boltzewas a recent guest on Steve Hitchcock’sweekly radio show, The Senior ResourceHour, on AM 970 WFLA, Sundays at 5 a.m.
❖ Family Cremations finally receivedtheir pre-need license so now they're good togo. Look for their commercials on BayNews9 and several other TV stations.
5
Time
2:50 p.m. to
3:40 p.m.
12:00 p.m. to
1:45 p.m.
7:45 a.m. to
8:30 a.m.
8:30 a.m.to
9:40 a.m.
9:45 a.m. to
10:35 a.m.
10:35 a.m. to
11:00 a.m.
1:50 p.m. to
2:40 p.m.
3:40 p.m. to 4:10 p.m.
4:10 p.m. to
5:00 p.m.
5:00 p.m.
REGISTRATION, CHECK-INCONTINENTAL BREAKFAST
VISIT EXHIBTORS’ SHOWCASE
Welcome: LynnMarie Boltze, President & Maria Winer, Master of Ceremonies~~~~~~~~~
Public Guardianship Program MonitoringTom Jones, Executive Director, Statewide Public Guardian Office (SPGO)
REAL PROPERTY & GUARDIANSHIPS:COMMON CONVEYANCE CONUNDRUMS
Jaclyn Palazzolo, Esq.Sapphire Title & Escrow
SPECIAL NEEDS TRUSTS
AND GUARDIANSHIP
Steven Hitchcock, Esq.
SIGNS, SYMPTOMS &COMMONALITIES OF
MALINGERING BEHAVIORS
Donna Check, NeuLife
MORNING BREAKVISIT EXHIBITORS’ SHOWCASE
LUNCHEON
JESSICA BANKO, PH.D., M.S., USF HEALTH BYRD ALZHEIMER’S INSTITUTE
ALZHEIMER’S 2020
AUDIT FUNCTIONS
Dr. Jerome Jordan, DBA, MMClerk’s Probate Department
AFTERNOON BREAK
AWARDING OF EXHIBITORS’ DOOR PRIZES
2015 ANNUAL CONFERENCE / OCTOBER 9TH
ANNUAL CONFERENCE SCHEDULE
DE-STRESS SUCCESS: USING NEUROSCIENCE TO IMPROVE COMMUNICATION
WITH CHALLENGING FAMILIES & OTHER PARTIES
Heidi Crockett, LCSW
ADVANCED DIRECTIVES:GETTING THEM RIGHT
D. “Rep” DeLoach, Esq.
SUCCESSFULLY NAVIGATING THE
HEALTHCARE SYSTEM
Karyn Rizzo
AGING & ADDICTION
Michael F. Conway, MHSPathways To Your Recovery
CHALLENGES OF KEEPING A
WARD AT HOME
Irene Rausch, Sue Schramek,Peter Musante
Professional Guardians
LONG TERM CARE PROGRAM -STATE OF FLORIDA
Frank RodanteMolina Healthcare
PROFESSIONAL GUARDIANSHIP
REFORM BY THE FLORIDA
LEGISLATURE
Michelle Garcia Gilbert, Esq.
EMPATH HEALTH - IT’S IN OUR NAME
Jennifer Kaminsky, LCSW
VA BENEFIT ORIENTATION
Michael DowlingVeterans Administration, Bay Pines
Rev. 10/7/2015
Track 1 / Legal Track 2 / Practical Track 3 / Medical
11:00 a.m. to
11:50 a.m.
GRAND PRIZE DRAWING & 50/50 DRAWING
6
The Palms of Largo is an Independent, Assisted & Memory Care Campus!
7
Regular Membership Meeting
September 15th at Cypress Palms, Largo
8
The Guardian Association of Pinellas County, Inc.is a non profit corporation,formed in 1977 as a voluntary group. It is a professional association which allows thereceiving of tax deductible contribution of goods and services. The association isgoverned by an elected Board of Directors and meetings are open to all members.The purpose of the association is primarily that of education, thus promoting abetter quality of service for elders by developing and improving the capabilities ofguardians and their relationship with other entities within the community.
The GuardianAssociation of
Pinellas Countyencourages all
members and/or vendors to utilize
PayPal for all transactions with
the GAPC.
9
Breast Cancer in Seniors and Elderly WomenSubmitted by LynnMarie Boltze
October is National Breast Cancer Awareness Month
Did you know that Breast Cancer is one of themost common cancers in women, second only to non-melanoma skin cancer? Half of all women diagnosedwith Breast Cancer are over age 65.
According to the American Cancer Society, about1 in 8 cases of invasive breast cancer are found inwomen younger than age 45, while 2 in 3 cases ofinvasive breast cancer occur in women age 55 andolder.
Even men are susceptible. Each year it is estimatedthat approximately 1,700 men will be diagnosed withbreast cancer and 450 will die.
Risk factors for breast cancer include:
•
•
•
•
•
•
Common signs & symptoms of breast cancerinclude:
•
•
•
An Early Breast Cancer Detection Plan shouldinclude:
•
•
•
•
•
•
•
Further information may be found at:The National Breast Cancer Foundation’s website.
10
Half of all women diagnosed are over age 65.
Being obese or overweight.
Lack of physical activity, a diet high in saturatedfat, and alcoholic intake of more than twodrinks per day.
Early menstruation or late menopause, havingyour first child at an older age or not havinggiven birth, or taking birth control pills formore than ten years if you are under 35.
A family history of breast cancer-particularly amother, sister. or a personal history of breastcancer of benign (non-cancer) breast disease.
Dense breast tissue (often identified by amammogram), past radiation therapy to thebreast or chest area. A history of hormonetreatments-such as estrogen and progesterone,or gene changes - including BRCA1, BRCA2,and others.
Change in how the breast or nipple looks: Thiscould mean a change in the size or shape of thebreast or a nipple that is turned slightly inward.In addition, the skin of the breast, areola ornipple may appear scaly, red or swollen or mayhave ridges or pitting that resembles the skin ofan orange.
Nipple discharge; change in how the breast ornipple feels.
Beginning at age 20: Performing breast selfexams and looking for any signs of change.
Age 20 to 39: Scheduling clinical breast examsevery three years.
By the age of 40: Having a baseline mammo-gram and annual clinical breast exams.
Ages 40 to 49: Having a mammogram every oneto two years depending on previous findings.
Ages 50 and older: Having a mammogram everyyear.
All Ages: – Recording personal exams, mammo-grams and doctors appointments on a calendaror in a detailed file.
Maintaining a healthy weight, following a low-fat diet, getting regular exercise, quitting smok-ing, and reducing alcohol consumption.
You may experience nipple tenderness ornotice a lump or thickening in or near thebreast or in the underarm area
ADVERTISEIn The Professional Guardian NewsletterAdvertising RatesFull page, 1 month, Sponsoring $250.001/2 page $130.00*
1/4 page $ 80.00*
1/8 page business card $ 50.00*
* Per month with 3 month minimumSend camera ready color ads and payment, as well as editorial copy to:
Phyllis JohnsonOne Windrush Blvd., #55Indian Rocks Beach, FL 33785email: [email protected]: (727) 596-8919
Deadline for ads with payment is the 25th of each month. Same deadline for editorial copy. A complimentary copy of each issue is sent to our advertisers.
11
RULES FOR THE GENERAL ELECTIONTo be qualified to vote in the November election, a member must have renewed their membership orjoined prior to October 1, 2014.Candidates will be given 3 minutes to introduce themselves and their platform at the October 20,2015 General Meeting.
Just as in last year’s voting process, the election of new Board Members will be held online viaSurvey Monkey. If you do not choose to vote online, you may attend the General MeetingNovember 17, 2015 and vote in person. Installation of new Board Members will take place at theJanuary 2016 General Membership Meeting.
NOMINEES FOR BOARD OF DIRECTORSBOARD MEMBERS SERVE A TWO YEAR TERM
LYNNMARIE BOLTZE feels listening and being objective is key to a successful run as aboard member. Having served as GAPC Vice President in 2014 and acting Treasurer aswell as current President, she is honored and privileged to be running for anotherBoard position.She has worked hands-on with those in need, especially seniors, for over 40 years and overthe last 22 months has enjoyed the challenges and rewards of serving on a number ofcommittees in the community. She also contributes volunteer hours to a number of
charities including Honor Flights of West Central Florida honoring our veterans.
"If elected I would serve on the Board with an open mind and elicit suggestions from Guardian members andhealthcare professionals so we all gain knowledge and set a new standard in guardianships" she says.
Paying it forward is something her parents taught her at a very early age. "I truly believe that we as guardiansand all in the healthcare industry are 'paying it forward' every day in changing lives of those around us... evenif only for one brief moment," she concludes
MONIICA MOSES, a native to the Tampa Bay area, and now serving in the communityas secretary of the Guardian Association of Pinellas County, is also the President of theFlorida Baptist Nursing Fellowship and Assistant Director of Idlewild Church of Odessa'sFood Pantry Ministry. Monica graduated from Victoria College's Allied Health Programwith honors. She has been in the Healthcare Industry for over 20 years and is a LicensedPractical Nurse, Administrator and Former Legal Guardian. She has recently become theCEO for "Helping Mom and Dad", a faith-based company that helps seniors and adultswith disabilities receive transitional services.
12
The Association is in need of others to step up and become members of the Board ofDirectors. The position requires you attend monthly Board Meetings and participate
in regular monthly meetings whenever possible.
5840 Ulmerton Road, Unit D • Clearwater, FL 33760Office: (727) 223-5911 • Fax: (727) 223-8905
www.floridafamilycremations.com
Providing: Simple, Affordable, Dignity
It is our honor to help those in their time of need whenexperiencing the loss of a loved one. We offer:
• Direct cremation services in Pinellas, Hillsborough, Pasco and Manatee Counties
• A worry-free cremation because we own our own crematory, controlling the process and schedule – Your loved one never leaves our care
• A licensed professional with 25+ years of experience
• Our guarantee that you, your family and your loved one will be treated with COMPASSION, CARE, RESPECT and DIGNITY
• An invitation to look over our new, state-of-the-art facility
• Simplicity - One call to us, available 24 hours a day, and we will handle everything
TURN TO US IN YOUR TIME OF NEED.
8400 113th Street NorthSeminole, FL 33772
CAROLE SPAINRealtor
It’s more than Real Estate to me... It’s been your home. It’s been your memories. Caring is one of the most important aspects of my job.When you need guidance, a proven agent to represent your interest, chances are I can help. Call me.
If anyone knows of a
new Guardian(s)completing the
40 hours course,please call LynnMarie
regarding newpro bono cases.(813) 625-8734
4
CLASSIFIEDADS
FOR RENT - DELUXE 1 BEDROOOMWHEELCHAIR ACCESSIBLE APARTMENT
Centrally located in Pinellas County in a quietresidential area.
Completely furnished. Dedicated parking pad,Private entrance, Kitchenette with pantry,Apartment size wash & dryer, Dishwasher, Walk-in closet, and access to porch with area to grill.
Rent includes cable & utilities.
$700.00 / month. Non-smoker. No Pets.
To view this property please contact:
Joan at (727) 433-0053.
Our Mission is “to affect positively the quality of life for our residents, meet their
multiple needs and those of their families.”
TBI Residential Services is an all male facility thatspecializes in the care and services for individuals with:
brain injury • difficult dementiapost traumatic stress disorder
other behavioral associated conditions
TBI Offers:• Licensed
assisted living community ina secure setting
• Computerized Medication Managementto promote accuracy & timeliness
• Provides transportation to and from Doctors’ appointments.
• We will work with your long term care insurance provider
• We accept worker’s compensation injury cases and veterans administration
• Day and Respite Care services
TOUR TODAY!(727) 938-68002563 KEYSTONE ROAD
TARPON SPRINGS, FL
Assisted Living Facility H 9034
13
WILL YOU BE PREPARED FOR A SHOW CAUSE OR ORDER TO PRODUCE HEARING?
If you had a hearing today, could you answer the questions below? The last thing you want todo is to pretend you know the answers, which ultimately will make matters worse. You must beprepared and thoroughly be familiar with the details of your case and the ward. The following aresome typical questions you may be asked during the Show Cause or Order to Produce hearing.
• When did you apply for Medicaid for the ward? When was it approved?• What type of benefits is the ward receiving?• When was the ward hospitalized? • Why was the court and family of the ward not notified of the hospitalization timely?• Why was the court not notified of the death of the ward in a timely manner?• Why have debit cards been issued in the ward’s name? • Why was the court not notified of the debit cards issued to the ward? • Why have the guardianship reports not been filed timely?• Why have there been no Physician Reports filed?• Why are there monies owed to the nursing homes or assisted living facilities?• Why are the wards not living in a safe facility or residence?• Why was the court not notified of the ward’s living arrangements in a timely manner?• How long has the ward been living in the current arrangement?• When was the ward arrested?• Why was the court and family of the ward not notified of the arrest timely?
Please note the following:
• The court must be notified in a timely manner when a ward is relocated, hospitalized, arrested, or dies.
• If you are appointed a successor guardian, the former guardian must turn over alldocumentation including copies of all records of the guardianship.
• If the former guardian does not cooperate with the successor guardian, the attorney should notify the Sixth Judicial Court.
• In Florida Statute 744.474, a guardian may be removed for failure to comply with any order of the court.
• If removed, you will be ordered to provide all of the guardianship records to the successor guardian and potentially to the Inspector General.
Please note: If there is a topic you would like discussed in any of our upcoming monthlynewsletter articles, please email it to [email protected].
14Division of Inspector GeneralOffice of Ken Burke
Clerk of the Circuit Court and Comptroller For Pinellas County, Florida
DIVISIO
N OF INSPECTOR GENERAL
PRESERVING THE PUBLIC’S TRUST
HOW TO CONTACT US: If we can be of assistance, please call:Division of Inspector General, PIU ............... 464-8371Division of Inspector General, Fax .................. 464-8386Probate Court Records ................................ 464-3321 Guardianship Hotline .............. 453-FRAUD (453-7283)
15
Dale recently coveredthis topic in Chicago in apresentation to the EstateSale.Net national convention.He also presented theinformation recently to theElder Concert event inTampa for legal professionals,guardians and senior industryprofessionals.
The I.R.S. defines in I.R. S.Regulation §20.2031-1. Fair Market Value as:"The fair market value is the price at which theproperty would change hands between a willingbuyer and a willing seller, neither being under anycompulsion to buy or to sell and both having rea-sonable knowledge of relevant facts. The fairmarket value of a particular item of propertyincludible in the decedent's gross estate is not tobe determined by a forced sale price. Nor is thefair market value of an item of property to bedetermined by the sale price of the item in a mar-ket other than that in which such item is mostcommonly sold to the public, taking into accountthe location of the item wherever appropriate."
What is the impact of the highlighted sentencein this regulation? The I.R.S. is basically statingone must appraise or sell the item in the mostcommon market in which that item would be soldor you have not valued or sold at fair marketvalue. When liquidating a valuable item, if youdid not sell that item in the most common mar-ket, you may not have met your fiduciary respon-sibility to your ward or the heirs of the estate,thus others may have legal recourse against youfor this failure. A good attorney will seize uponthe above highlighted sentence in the I.R.S. reg-ulation and use it to secure a judgment againstyou for their client.
Example: A ward or client has a Thomas LHunt painting in their property. You or the estate
sale company you have hired noted in theirresearch that the artist sells for a few thousand to$23,000, with a number of no sales at auction.The I.R.S. would recognize the most commonmarket as an auction for this artist. You or theestate sale individual obtain a local offer for thepainting of $14,000 and sell it. A son or daugh-ter hires an attorney to dispute your actionsclaiming you did not act in the best interest oftheir parent as either the guardian or personalrepresentative for the estate. They find on lineauction results indicating that similar Thomas LHunt paintings sold for $160,000, $125,000 and$67,500. If the case hinges on your failure to sellin the most common market, you will lose. Hadyou sold it in the most common market, theappropriate auction house for this artist’s works,Bonham’s Auction in California, you would havesold the painting for $35,000 and you would havefound out that the $160,000, $125,000 and$67,500 sales were false sales by speculatorsselling their own Thomas L Hunt paintings andoperating as both seller and buyer in order toincrease the market value of their other ThomasL Hunt paintings. The auction house would havealso authenticated the painting before sale sav-ing the ward those potential costs. It is unlikely,based on your sale at the most common marketauction house ,anyone would have pursued legalaction against you for failure to properly sell thevaluable item.
It is always important to sell valuable itemsproperly to maximize revenue for your ward orclient. When you have a potentially valuable item,verify through a certified personal propertyappraiser or auction house expert that the item isindeed valuable. Going to an antique dealer onlygets the price they want to pay for it, not what itis really worth. Never use an appraiser whoappraises and then offers to purchase. That is aviolation of the Uniformed Standards ofProfessional Appraisal Practices.
Dale Smrekar
HOW TO AVOID GETTING SUED
WHEN LIQUIDATING AN ESTATE...SUBMITTED BY DALE SMREKAR, AEL, C.A.G.A.
continued on page 16
16HOW TO AVOID GETTING SUED... CONTINUED FROM PAGE 14
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If the most common market is an auction, find outwhich auction sells the similar pieces for the mostmoney. Then liquidate through that auction houseas that action house would meet the definition ofsale through the most common market and willmost likely prevent litigation for failure to meetyour fiduciary responsibly to your ward or client.
For instance about two years ago I sold aLalique vase for $23,000 at Rago Auction in NewJersey. Why there? Because on line auctionrecords indicated that particular vase sold formore at Rago Auctions than anywhere in theworld. The attorney for the estate tried to procurea local offer and only got a $3,500 offer. If he hadsold it to the local buyer he would have not metthe I.R.S. definition of fair market value andwould have exposed himself to possible litiga-tion from heirs.
The same rules should apply when handlingjewelry. If the value of the jewelry item is over$10,000 the most common market is probably anauction, perhaps in New York, Philadelphia or LosAngeles. If it is good quality jewelry, but notmelt(common gold) you should first get a GIA
appraisal for market value in order to properlypresent it to local buyers for sale. A good localGIA appraiser is Tim Schuler of SchulerGemological ( 727 725 4029) in Clearwater. Thenarmed with a GIA market value appraisal obtainmultiple offers from three or more local buyers toprove you sold at the highest offer in the mostcommon market. If it is melt jewelry ) you shouldalways get at least two or three offers to avoidcharges of favoritism or collusion with buyers.
Your liquidation rules to avoid getting suedwhen liquidating a ward’s property or an estate toavoid litigation should always be:No #1: Never sell what you don’t know.No #2: Research to find out what is the most
common marketNo #3: Always sell in most common marketNo #4: Always sell jewelry at auction or with
multiple offers.
Dale Smrekar, ASEL, C.A.G.ADownsizing Advisory
www.downsizingadvisoryservice.com
Compassionate, Excellent, & Reliable Home Care
For 35 years, Bayada Nurses has helped people live a safehome life with comfort, independence, and dignity.
• Skilled nursing & personal care• Available 24 hours/day, 7 days/week• Stringent hiring standards• Free nursing evaluation• Private pay, Medicare, worker’s comp.,
most insurance accepted• Serving Pinellas, Pasco, &
Hillsborough Counties
13733 Icot Blvd., Suite 517, Clearwater, FL 33760727.531.3059 www.bayada.com
Licensed HHA299991728
The Association has 200 one inch notebook/binders
for sale.For more
information call LynnMarie Boltze
at(813) 625-8734.
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September 30thNetworking Breakfast
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Grand Villa of Largo
GuardianAssociationof Pinellas County, Inc.
Membership Request
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Membership Year: January 1 through December 31
Membership Application: New Renewal Date:
By joining the GAPC you are affirming that you have read the GAPC bylaws and the adopted Code of Ethics from the National Guardian Association.The GAPC Bylaws and NGA Code of Ethics are available on the Association website: www.GuardianAssociation.org
Guardian $45.00 (must be a Guardian or taken the State Guardian Competency Exam) SPGO# Affiliate $60.00 (Non-guardian, Individual)Corporate $75.00 (company is owner of the membership, includes two members, transferable between employees)
Category for listing on GAPC website (Please check appropriate boxes and print legibly)
Professional Guardian Family Guardian Assisted Living Facility Nursing / Rehab Facility Health Care Agency Attorney Paralegal / Legal Assistant Power of Attorney (POA)Care Manager Finance / Banking Government / Court PersonnelOther
Name
Business Name/Organization
Address
City State Zip
County Home Phone Fax
Email Address Website Address
Please make check payable to Guardian Association. Mail to GAPC, P.O. Box 1826, Pinellas Park, FL 33780To apply or renew membership online, please visit our website at www.GuardiansOfPinellas.org
Pay Pal Accepted. For more information contact : 813-625-8734.
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