Improved Hearing that exceeded my Expectations

As an Audiologist, I have practiced for 34 years and treated thousands of patients.  I have a hearing loss myself and wear hearing instruments.  In the last few years, the hearing instrument technology has exceeded my expectations.  However, in June of this year, Dr. Lance Greer and I traveled to Florida for an international hearing conference which focused on the release of a completely new type of hearing instrument. 

This new hearing instrument called the OPN (Open) from Oticon out of Denmark, was developed by a team of 250 auditory scientists, auditory engineers, and technicians who worked for over six years to develop this new technology. 

Technological limitations of previous hearing instruments have led to use of directionality to make speech coming from the front clear, while suppressing the rest of the sound environment.  In complex listening environments where sound sources are many, previous hearing technology is too slow to keep up with fast and many sound changes.

When you cut out too many background sounds around you, it is like wearing hearing blinders and too many critical speech sounds cannot be captured for our brains.  Closing down too many sounds, under-stimulates the brain and deprives it of the context needed for understanding words.

The new Velox chip in the OPN (open) hearing instruments processes 50 times faster than before.  It is precise and fast enough to support our brain in making sense of sound and words.  This chip has 64 sound channels.  It analyzes the sounds around you more than 100 times per second.  It can handle more than 12 million operations per second. 

These new hearing instruments provide 30 percent improvement in speech understanding—even in the most noisy environments—compared to the previous state-of-the-art technology.  It provides 20 percent less listening effort in noise and provides 20 percent more capacity to remember.

We have fit these instruments of numerous patients and everyone has been overwhelmed with their ability to understand in the most noisy situations.  These instruments are truly in a league of their own!!

This amazing technology is fit on a 60 day trial period.  Call 688-8866 to wear these instruments home and experience hearing like you have never experienced before!!!  http://hearingaiddoctor.com/

Kimball B. Forbes, MCD

Audiologist of the highest order of the Elks

 

Kimball B. Forbes, MCD, has enjoyed helping patients hear well again for 34 years, making him the longest-tenured Audiologist in southern Utah. He earned a Master’s of Communication Disorders in Audiology from Brigham Young University and went on to establish 11 hearing clinics in Utah and Nevada, all of which continue to thrive under his direction and leadership. Dr. Forbes specializes in hearing aid sales and service; counseling; earmolds and protective hearing devices; and diagnostic medical hearing assessments for adults and children. His own hearing loss makes him uniquely qualified to treat patients using the latest hearing technologies. He is married to wife Jonna; the couple are the proud parents of eight children and nine grandchildren.  He enjoys visiting his children and grandchildren as well as his parents. He and Jonna love serving in the LDS temple and teach in the church.  He also enjoys reading history and biographies and watching the Hallmark Channel.

September and October 2016 Students of the Month Honored by St. George Exchange Club

The September and October Student of the Month recipients were recently honored by the St. George Exchange Club.  The St. George Exchange Club sponsors the Student of the Month Program, which honors one student from the area high schools each month. This program recognizes the students’ accomplishments in academics, service and leadership in their respective schools. Dixie State University has partnered with the St. George Exchange Club and will provide a one-year, full-tuition scholarship to the Student of the Year from each high school at the end of the school year as selected by the St. George Exchange Club’s Student of the Month Committee. This selection process is based upon the Student of the Year applications received from the students recognized throughout the year as their school’s Student of the Month. The Exchange Club is honored to work with Dixie State University in recognizing and supporting the outstanding high school students of our community.

In addition, two students from the area high schools who have been honored as Student of the Year will have the opportunity to go on to the Rocky Mountain Exchange Club District competition where they could win a $1,000 scholarship; and then if they win district, they can go on to national competition and win a $10,000 scholarship. The 2013 Student of the Year, EmRee Moody from St. George, was selected as the National Student of the Month and received a $10,000 scholarship from the National Exchange Club.

The St. George Exchange Club meets Thursday mornings at 7:30AM at George’s in Ancestor Square. For more information about the St. George Exchange Club contact Dustin Schofield at 435-674-3601.  Congratulations to the St George Exchange Club 2016 September and October Students of the Month!

Photo of September Students of the Month:
Back Row: Slade Andrus (MHS),  Ally Akins (SCHS), Evelyn Escobar (DHHS), Aaron Canales (PVHS), Sydney Benson (THS), St George Exchange Club President Dustin Schofield, Front Row: Gabriel Adams (DHS).

Photo of October Students of the Month:
Back Row: Brandon Pershall (MHS), St George Exchange Club President Dustin Schofield,
Front Row: Ria Kaddu (DHHS),  Mackenzie Heiner (THS),  Baylee Judd (PVHS)

I am the Trustee of a Trust or Personal Representative of an Estate – What Are My Responsibilities and Obligations?

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            When someone becomes incapacitated or passes away, you may find yourself in charge of administering a trust, or the decedent’s estate.  You may have been nominated as successor trustee through a Trust, the personal representative (executor) through a Will, or the court may have appointed you to administer the estate.  Here are a few important things to remember:

            Personal Representative:  As the personal representative of an estate, you will be responsible to collect the property owned by the decedent, notify creditors and heirs or devisees, pay debts and taxes, finalize the decedent’s business affairs, file all documents required by the court and governmental agencies, transfer decedent’s property, and close the estate or probate when everything is complete. 

Once the court has appointed you as the Personal Representative, you can act on your own without the approval of the court; however, you will need to keep the court informed of progress by filing all required documents.  If an interested person thinks you are not doing a good job, that person can petition the court to remove you as the Personal Representative or ask the court to supervise your administration of the estate.  Supervised administration involves the highest level of court oversight and is usually granted only when there are serious concerns about your actions as Personal Representative.

Trustee:  As the Trustee of a Trust, you must keep trust assets separate from your own personal assets, treat beneficiaries equally unless the trust directs otherwise, keep accurate records, file tax returns, and report to beneficiaries as required by the trust and the law.  You must know the terms of the trust, where assets are held, and when distributions can be made.  Trust assets should be invested in a prudent manner that will effect reasonable growth with minimum risk.  It is important to remember the assets of the Trust are not your assets and you cannot use trust assets for your own benefit unless the trust authorizes you to do so. 

If you are the Trustee due to the Grantor (or Trustor’s) incapacity, you must also make sure the Grantor is provided for, understand insurance benefits and limitations, apply for disability benefits, notify banks and other financial institutions or advisors, pay bills, and keep accurate records and accounting. 

            Administering the terms of the trust and meeting obligations while maintaining proper reporting can be overwhelming.  You do not have to accomplish this on your own.  You should   retain an experienced attorney to help you through the administrative process.  An important thing to remember whether you are serving as Trustee or Personal Representative is that you have a duty to the creditors and beneficiaries.  If you breach your duty, you could be held personally accountable for the breach which is why it is important that you retain counsel to assist you with the administration process.

Robert Jensen and Thomas Bayles, Attorneys at Law

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George area for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler. The information in this article is for educational purposes only and is not intended to be construed as legal advice

Hawkins Announces Retirement of Firm Partner Kevin L. Simister

October 17, 2016

Orem, UT -- Kevin Simister, trusted advisor, leader, mentor, and friend, is retiring from Hawkins Advisors after 42 tax seasons.  Kevin plans to travel, spend time with family, not work on April 15, and perfect his woodworking skills (which are already pretty much perfect!).

Kevin joined Hawkins in 1975.  He practiced in all areas of the firm including audit, accounting, and tax.  His expertise and focus for many years has been helping clients in business entity structuring, estate planning, tax reduction strategies, compensation agreements, negotiations, expert witness, and valuations.  He served as the managing partner for 10 years.  His leadership was instrumental in the growth of the firm during a time period of significant change.  Kevin was responsible for bringing desktop computers into the office, our first network, first website, and coined MyCPA.com.  He was instrumental in creating our Retirement Department.   Kevin has been a developer of people.  During his time at Hawkins, we have grown from 10 to more than 75 employees.  He has trained and mentored staff and clients, teaching them how to become trusted advisors, successful business people, and leaders in their business and community. He believes a leader must have genuine affection for each member of the team.

Kevin has always enjoyed serving and helping people.  As Captain of an Emergency Medical Team for Pleasant Grove City, he responded to over 1,500 medical emergencies during his 12 years of volunteer service.  He has served in many professional advisory board positions including the President of the Utah Association of Certified Public Accountants(UACPA), Executive Board of the Provo Orem Chamber of Commerce, Governing Council of the American Institute of Public Accountants, Chaired the Utah Valley University Business Faculty Development Committee, and the Executive Board of the Purpose Investors Network.  He was recognized by the UACPA as the Outstanding CPA in Public Accounting in 2007.

During Kevin’s years of practice he has been a truly exceptional and respected advisor.  He has served his clients as a trusted advisor.  He protects them from unpleasant surprises through planning and implementation.  Kevin will say he doesn’t work with any businesses, just the people in the business.  His success has been through serving the people that are involved in the business and keeping it personal.  His secret sauce is his understanding and knowing the client, beyond the finances.  He can tell you the client’s family members, special medical or education needs, talents, and what they like to do for fun.  He will say he doesn’t have clients, but he sure has a lot of friends he works with.

We wish our friend, mentor, colleague, and soon to be retired partner many years of health and happiness in his retirement.

About Hawkins

Hawkins mission is to create the most client-centric accounting practice in the world and make outsourced accounting feel like an in-house function through integrity, service, knowledge, balance and showing appreciation for clients and associates.

For media inquiries, please contact:

Tammy Gnieting, Office Manager  801.224.1900  TammyG@mycpa.com

Cochlear Implant: When Hearing Aids Are No Longer Enough

As Doctors of Audiology we are always looking for ways to improve quality of life through better hearing; which may include: hearing instruments, implantable devices, and long term care and follow up.  While hearing instruments are the solution to treat most types of hearing loss, implantable devices such as cochlear implants may be an option for those patients who continue to struggle understanding conversations with traditional amplification.

 A cochlear implant is one type of an implantable device that replaces the function of the inner ear in order to provide sound signals to the brain. A person has a hearing test and hearing aid trial in order to determine candidacy for the cochlear implant. Many people with cochlear implants may report that they can focus better in noisy environments and hear sounds that they could not hear with their hearing aids. The cochlear implant is designed to help you hear better in all settings. Benefits of a cochlear implant vary from person to person. These differences of benefits are often due to: duration and severity of hearing loss, other medical conditions, and practice of listening with the cochlear implant. If you feel that you are still missing sounds even with your hearing instruments, then a cochlear implant may be a solution for you.

If you are interested in learning more about the cochlear implant, please join us for our Hearing Health Seminar to learn if a cochlear implant is right for you. The seminar will be held Thursday, November 3, 2016 at 5:00-7:00 pm at the Hilton Garden Inn located at 1731 S. Convention Center Drive, St. George, UT 84790. You may register for the seminar at HearingHealthSeminar.com or by calling 1-877-432-7844. We look forward to seeing you at the seminar. 

 About Dr. Garcia

Dr. Brittany Garcia, Au.D, serves patients of all ages, speaks Spanish, and brings her in-depth experience working with pediatric patients and those with cochlear implants to the Advanced Hearing & Balance Specialists practice. Dr. Garcia earned her undergraduate and Doctorate of Audiology degrees from Utah State University. She completed her internship at Mercy Audiology and ENT in Springfield, Miss. While earning her doctorate degree, she participated in the Listening and Spoken Language program, which provided specialized training for children with hearing loss and language development disorders. Dr. Garcia grew up in Magna, Utah, and recently moved to St. George. She and her husband enjoy being outdoors and are excited to enjoy all that southern Utah has to offer. She looks forward to serving those in the St. George community and meeting her new patients.

Undue Influence: A Form of Elder Abuse

Mickey Rooney, who earned tens of millions of dollars during his life, was reported to have only $18,000.00 when he passed away in 2014.  Mr. Rooney appeared before the Senate Special Aging Committee in 2011 and testified he had been a victim of elder-abuse by his wife and stepchildren, stripped “of the ability to make even the most basic decisions about my life.”  This process began after Mr. Rooney confided to a Disney executive about the abuse while filming  The Muppets, which prompted his attorneys to file a Petition for a Conservator to protect him and recover his assets.

Undue influence is the exploitation of an individual often due to the individual’s age, health, failing mental capacity, or the overall tendency to trust others.  While the elderly are especially susceptible, anyone is vulnerable to undue influence, including the ill, stressed, lonely or frightened of any age.   It can come in many forms: family, neighbors, paid personal aides, church members, and many others. 

Sometimes people who exercise undue influence start off as a caretaker, who genuinely seems to care for the individual.  As time progresses, however, they are able to convince the person no one else cares for them, resulting in the individual becoming totally dependent on the caretaker.  As in the example with Mickey Rooney, his wife and stepchildren drained his estate of millions of dollars during his lifetime.  I am aware of a case in which a younger, attractive caregiver convinced her elderly patient she cared for him emotionally, and then convinced him to add her to his deed for his personal residence.  She also received numerous financial gifts.  Unfortunately, the money was much more important to her than caring for the individual she was hired to help.  She moved on once the money was  gone, leaving the elderly individual and the family to try and pick up the pieces. 

So what can you do?  An elderly person’s family, friends and neighbors should make efforts to insure the person is receiving good nutrition, help them stay socially involved, and be observant for signs someone is attempting to control that person for their own gain.  If you suspect an elderly person is a victim of undue influence, put all details of the transaction, including names, dates and facts in writing.  You can contact Adult Protective Services in your area which will begin an investigation.  This may prevent the elderly person from losing any more money and help him regain his dignity.

A proactive approach in this situation is to meet with a qualified estate planning attorney to guide the individual through the estate planning process which may help avoid some of the pitfalls of undue influence that can arise from caregivers, friends, family and others.

The Mickey Rooney matter continues.  His estate was awarded millions from the stepfamily but whether that will be collected remains to be seen. 

Robert Jensen and Thomas J. Bayles, attorneys at law

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 18 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles.  The information in this article is for educational purposes only and is not intended to be construed as legal advice. Please contact an attorney for legal advice specific to your situation.

Who Will Take Care of My Remains When I Die?

Who Will Take Care of My Remains When I Die?

            It is a well-established fact that none of us will not get out of this life alive.  Many of our clients wonder, “Who will take care of my remains when I die?”  Some clients want to be buried in a specific cemetery, some want to be cremated and have creative ideas about the disposition of their ashes. We have clients who want to donate their body to medical research while others do not want to make a decision and trust the family will do “what is right.”

If you have an option about disposition of your remains, i.e., cremation, specific funeral service or even a certain mortuary, it is important you provide written directions regarding the disposition of your body.  This can be included in your Last Will and Testament or another written directive acknowledged before a Notary Public or executed in the same manner required by a Will. 

If you specify your funeral wishes in your Will, you can change your mind without revoking or changing your Will.  You must provide specific written notice to your Personal Representative and to the mortuary, if you previously specified a particular mortuary.  This notice must be acknowledged as mentioned above.

Sadly, there are cases in which a decedent’s wishes were not honored by the family and costly litigation ensued.  In one case, a parent buried a child knowing the child had written a request to be cremated.  The child’s estranged spouse later tried to disinter the remains for cremation.  The courts became involved and the grief related to the loss of a loved one was compounded by the time and cost of the litigation.  Ultimately, the court determined the estranged spouse agreed to the burial which negated her ability to later argue the decedent’s wishes were to be cremated. 

Another case involved Gary Coleman from the TV program “Diff’rent Strokes” who died in Provo, Utah in 2010.  Mr. Coleman’s ex-wife and his parents both claimed the right to make funeral plans, and were in the process of doing so, when his manager Dion Mial was able to provide written documentation which directed Mr. Mial to oversee the Coleman estate and funeral arrangements.  In that case, the parents stopped their efforts after they reviewed the estate planning documents and determined they would honor their son’s wishes.

If you do not specify your wishes in writing, Utah law provides that the surviving spouse will have the authority to determine your disposition.  If there is no surviving spouse, Utah law provides a list of alternates and a method of priority.  By outlining your wishes with a written directive, the family will be able to honor you without additional stress.

JensenBayles, llp  provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler. The information in this article is for educational purposes only and is not intended to be construed as legal advice. Please contact an attorney for legal advice specific to your situation.

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

 

Listening Fatigue and Hearing Loss.

Listening Fatigue and Hearing Loss.

Have you ever suffered extreme mental fatigue? Perhaps you felt this way after finishing an important examination or task that required intense concentration. It’s like running a marathon in your head—and when you’re finished, you just want to collapse.

A comparable experience develops in those with hearing loss, and it’s referred to as listening fatigue. Those with hearing loss pick up only partial or incomplete sounds, which they then have to make sense out of. With respect to understanding speech, it’s like playing a constant game of crosswords. Those with hearing loss are presented with context and a few sounds and letters, but in many cases they then have to fill in the blanks to decipher what’s being said. Language comprehension, which is supposed to be natural, turns into a problem-solving workout demanding deep concentration.

For example: Wh t wou d ou l ke n t e me u?

You most likely realized that the haphazard assortment of letters above spells “What would you like on the menu?” But you also likely had to stop and contemplate it, filling in the blanks. Just imagine having to read this entire article this way and you’ll have an appreciation for the listening demands placed on those with hearing loss.

Appropriately fit hearing instruments – hearing instruments help to “fill in the blanks,” thus avoiding or reducing listening fatigue. Hearing aids help us reduce the amount of energy we spend listening and communicating by making it easier to hear sounds and speech in a variety of environments. Because the hearing aid helps to restore the sounds that are missed with hearing loss, the brain uses less energy understanding it. Modern day hearing aids now come with features that help reduce listening fatigue by isolating and amplifying the sounds you want to hear and significantly reducing or removing the noises you don’t.

Advanced Hearing & Balance Specialists have provided the area’s most trusted hearing and balance services for many years. With offices in 9 communities throughout Southern Utah and Nevada, we make it convenient for you to receive the highest levels of care. We support research and development of the newest hearing technologies and treatment for hearing loss and balance disorders.  We always put our patient’s concerns first, matching each individual’s needs with the treatments and tools, which fit their lifestyle.  For an appointment with a Doctor of Audiology at any one of our 9 locations, call 435-688-8866 or 800-548-0356.

Dr. Jacob Burrows

Jacob Burrows, Au.D, FAAA

Utah’s New Statutory Durable Power of Attorney

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

            Utah just adopted the Uniform Power of Attorney Act which went into effect May 10, 2016.  There are some provisions in the new law that you should know about.

            A Durable Power of Attorney allows the principal to authorize another person (your agent) to make financial decisions the principal specifies in the document. It is important to name an agent or agents you can trust to act in your best interest because of the significant authority typically granted in a power of attorney. 

The statutory power of attorney is automatically durable which means it becomes effective at signing and remains effective at your incapacity. You can elect to make the statutory power of attorney so it is only effective on your incapacity, but you must draft the provision into the statutory form. 

The authority that can be granted in the statutory power of attorney can be very broad depending upon the principal’s selections in the document.  Generally, your agent can make all decisions related to real property, personal and tangible property, stocks or bonds, commodities and options, banks and financial institutions, insurance and annuities, retirement plans, claims and litigation, and estates and trusts or other beneficial interests.  Your agent has the authority to  buy, sell, invest, and enter into or terminate contracts.   Again, this authority becomes effective immediately even if you are able to make decisions for yourself unless you state otherwise in the Special Instructions.  

There is a section in the new statutory power of attorney that presents a pitfall for the unsuspecting principal.  The authority that can be granted in this section includes the authority for the agent to amend trusts, change beneficiary designations, create joint tenancies and make gifts, among other “superpowers”. In the course of our work we find that less than 3% of our clients want or need to grant one of the “superpowers”.  You must be careful to only select powers you wish to grant and be very careful when it comes to the “superpowers” because they likely grant more authority than you intend. 

Typically, a person signing a new power of attorney will want to revoke prior financial powers of attorney.  The new statutory power of attorney does not automatically revoke prior powers of attorney so you must draft language in the document if you wish to terminate the authority of agents in prior powers of attorney.

 

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler. The information in this article is for educational purposes only and is not intended to be construed as legal advice. Please contact an attorney for legal advice specific to your situation.

ST. GEORGE BYU MANAGEMENT SOCIETY CHAPTER HONORS HIGH SCHOOL GRADS WITH SCHOLARSHIPS

ST. GEORGE, UTAH (June 20, 2016) — The St. George Chapter of BYU Management Society recently honored nine area graduating High School Seniors and one BYU student with cash scholarships to help them continue their education. The scholarships were based on a weighted scale that included academic record, community service, written essay, need based, and extra curricular activities. Not all the recipients are headed to Brigham Young University, nor is it a requirement, as some will enroll at Dixie State University, Utah State University, and Southern Utah University. Over the past seven years the St. George Chapter has given out over $58,000 in scholarships to graduating high school seniors and BYU Marriott School of Management students.

The BYU Management Society is a premier organization for business professionals to network, develop their careers, serve their communities and support BYU and the Marriott School. The BYU Management Society is a unique global network, strongly committed to growing moral and ethical leadership around the world.  This worldwide network of business professionals has a shared vision of moral and ethical leadership and a common code of business conduct and integrity. Chapters worldwide focus on developing careers – updating and enhancing skills, networking – making connections between professional, serving the community – strengthening those around us, and supporting the Marriott School and BYU.

Those who received scholarships were Emily Stewart, Kesha Jones, and Tyler Little from Dixie High School, Annelise Burr from Pine View, and Savannah Langston, Boston Wood, Tanner Sharp, Logan Mathews, and Abaigail Clark from Desert Hills, along with Charity Doty, a former Washington County student and current MBA student attending BYU-Provo.

You can join the local St. George Chapter and discover the benefits the Management Society holds for you by going to stgeorge.byums.org/ or by contacting Drew Gubler at drewgubler@gmail.com. You do not have to be a graduate from Brigham Young University to join. The $50 annual membership fee goes toward building the annual scholarship fund. The BYU Management Society holds an annual scholarship banquet, as well as luncheons throughout the year to help raise additional funds. Our 2016 Scholarship fundraising banquet will be held on November 12, and feature keynote speaker Gail Miller. If you would like to donate to the St. George Chapter BYU Management Society Scholarship Fund please contact Elwin Prince at elwin@sutc.com or Tyler Hall at tylerh_22@hotmail.com.

Photo:
From Left to Right - Elwin Prince, BYU Management Society Scholarship Chair, Annelise Burr, Abaigail Clark, Tyler Little, Kesha Jones, Savannah Langston, and Drew Gubler, BYU Management Society St. George Chapter president.

ST. GEORGE EXCHANGE CLUB PARTNERS WITH INTERMOUNTAIN HEALTHCARE AND SCHOOL DISTRICT FOR CHILD ABUSE PREVENTION

ST. GEORGE, UTAH (June 13, 2016) — The St. George Exchange Club is part of a national service-based organization with a mission that includes child abuse prevention. In support of this important cause the local club recently partnered with Intermountain Healthcare and the Washington County School District to produce Child Abuse Prevention (CAP) Resource Cards. The CAP Cards include contact info for schools, emergency services, and community human services ranging from recreation to victim’s advocacy. These will be distributed to local school children in the fall through the school district, as well as through local agencies and Intermountain Healthcare affiliated offices.

“We’ve received tremendous feedback about the popularity of these cards among parents and families,” said Neal Smith, Exchange Club Member who has been involved in providing the cards for nearly a decade. “However, producing them costs money, and we’ve not had an update for several years.”

He credited Intermountain Healthcare with local guidance from Community Benefit at Dixie Regional Medical Center in receiving $4,000 from the Community Partner Fund as well as the cooperation of the Washington County School District to distribute the updated cards at the beginning of the school year. Brian Tenney, Exchange Club Member, also provided the design of the cards. “We’re excited to get them into people’s hands and hanging on their fridges and making them useful to the community,” Smith said.

He added that the cards originally were created by a committee chaired by the late Annie Ashcraft with the Department of Child Protective Services who championed the cause and got the project off the ground. The intent of the CAP cards are to provide families with access to services and make them aware of resources that could alleviate family stress and the incidence of child abuse.

“I appreciate that we get to carry on this great project and make a difference in the lives of our friends and neighbors,” said Smith. “I’m grateful for a community who knows how to pull together and protect our most valuable assets.”

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About the St. George Exchange Club
The St. George Exchange Club has actively served Southern Utah for over 40 years with members who are local business owners, community leaders and volunteer citizens. Complementing the club is the St. George Exchange Club Foundation. Each year, club members are elected to preside over the Foundation Board, which is currently led by Jinks Dabney. The St. George Exchange Club Foundation is a registered 501(c) 3 and manages all funds donated or raised by the club. Funds raised are returned to the community through various programs the St. George Exchange Club sponsors. In addition to the Southern Utah Performing Arts Festival (SUPAF), the St. George Exchange Club also sponsors and hosts the St. George Mayor’s Walk, Iron Kids Fun Run, Student of the Month Recognition, Freedom Shrine installations and dedications, the Give Me Liberty program which serves area 5th graders, and Give a Kid a Flag to Wave at the annual Veterans Day Parade in Washington City. The St. George Exchange Club, in cooperation with Dixie State University, also awards each area high school’s top graduating senior with First Year Tuition Grants. In 2015 the club contributed over $100,000 to help the City of St. George build the All Abilities Park, which is slated for dedication spring 2016.

Contact Info
James McFadden
Exchange Club of St. George President
435-632-7978
james@requisitemarketing.com

Mindy Suttner
Public Relations Committee Chairman
435-256-5550
msuttner@dxatc.edu

From left to right - Neal Smith, Exchange Club; Amber Rich, Intermountain Healthcare Community Benefit; Pam Graf, Washington County School District Foundation President; and Mindi Suttner, Exchange Club PR Chair.

PHOTO CAPTION: St. George Exchange Club welcomed Pam Graf, Washington County School District Foundation, and Amber Rich, Intermountain Healthcare Community Benefit, to their May 26 breakfast to celebrate the update and distribution of the new Child Abuse Prevention (CAP) Resource Cards made possible by a cooperative effort by all three organizations. The CAP Cards include contact info for all schools, emergency and community services, and will be distributed free of charge through the schools and local agencies.

Estate Planning: Clarifying your Wishes

Many people have a misconception about estate planning.  For example, many will avoid doing their estate planning because they believe their assets “aren’t worth much” and think estate planning would be a waste of time and money.  The reality is that estate planning is necessary for everyone -- no matter the value of their assets.  Completing your estate planning now with a qualified estate planning attorney to clearly define your intentions is an investment that can save your family financial and emotional heartache in the future.

While you might want to live forever, there is a strong likelihood that you will not make it out of this life alive.  Estate planning allows you to clarify what will happen with your assets once you pass away.  As you think about your estate planning there are a few things to consider: 1) Beneficiaries, i.e., spouse, children, other close family members and friends, or charities; 2) Property, such as real property, personal property, as well as financial accounts and investments; and 3) Distribution of the properties to the beneficiaries.  

The next step is to make your plan to determine who will get what.  This may be simple or complex depending upon your distribution goals and your individual situation.  This should take some careful planning.  It is crucial you are clear how your assets will be distributed.  Having an estate plan may help avoid family disputes after your death.  When your estate plan clearly communicates your intent, arguments are less likely to occur.  Without clearly defining what you want through your will or trust, the court may decide who receives your assets, which means your final wishes may not be taken into consideration.  A poorly written will or trust can invite challenges from beneficiaries who may question validity, distribution or other concerns as well as unnecessary taxes and fees.

A qualified estate planning attorney can help guide you through the estate planning process and avoid the pitfalls of taxes, ambiguous language and directions.  Whether you want to divide your estate equally between beneficiaries or leave a little something extra to someone special, your estate planning attorney can craft documents allowing you to be as creative as you wish -- while adhering to the basics of what is required and making sure you are clear in your directions. The last thing you want to leave is a legacy of strife among family members who challenge your estate planning documents.

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

JensenBayles, LLP provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 18 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler.

ST. GEORGE EXCHANGE CLUB TO MATCH DONATIONS FOR THE ALL ABILITIES PARK PROJEC

St. George, Utah, April 2016 - Members of the St. George Exchange Club presented an $8,000 donation to the City of St. George at last week's St. George City Council Meeting in support of the All Abilities Park - Hands That Built the Park project. In addition to this $8,000 contribution, members of the St. George Exchange Club are extending a challenge to other area service clubs, businesses and philanthropists to participate with them. Exchange Club members will match up to $15,000 to help sponsor area children so they can participate in this great project.

Hands That Built the Park is a project created by the City of St. George.  It consists of a mosaic wall that weaves throughout the park, embedded with the hand prints of children fired into a hardened tile. Each hand print will have the name of the child carved into the tile.  James McFadden, current St. George Exchange Club president, has been working with special needs children at Fossil Ridge Elementary as well as with children at Riverside Preschool, casting hand prints to embed into the mosaic wall.  The Exchange Club is sponsoring up to 1000 children so they can have their hand prints permanently cast into the wall.  Matching funds are being requested so that as many area children as possible can have their hand prints cast into the wall as well.

“Many families with special needs children are not in a position to cover the costs associated with this project,”  McFadden stated. “Nothing would be more exciting than to see every child who would like to participate have this opportunity. In order to reach this goal, we are prepared to match dollar-for-dollar contributions up to $15,000 which are made by any area service club, business or local citizen who would like to see as many children participate as possible.”  When the All Abilities Park opens later this year, admission will be free to enter the park.

 
The check presented by the Exchange Club at last week's City Council meeting matches the donation made last month by the Dixie Elks Lodge #1743.

About the St. George Exchange Club
The St. George Exchange Club has actively served Southern Utah for over 40 years with members who are local business owners, community leaders and volunteer citizens. Complementing the club is the St. George Exchange Club Foundation. Each year, club members are elected to preside over the Foundation Board, which is currently led by Jinks Dabney. The St. George Exchange Club Foundation is a registered 501(c) 3 and manages all funds donated or raised by the club. Funds raised are returned to the community through various programs the St. George Exchange Club sponsors. In addition to the Southern Utah Performing Arts Festival (SUPAF), the St. George Exchange Club also sponsors and hosts the St. George Mayor’s Walk, Iron Kids Fun Run, Student of the Month Recognition, Freedom Shrine installations and dedications, the Give Me Liberty program which serves area 5th graders, and Give a Kid a Flag to Wave at the annual Veterans Day Parade in Washington City. The St. George Exchange Club, in cooperation with Dixie State University, also awards each area high school’s top graduating senior with First Year Tuition Grants. In 2015 the club contributed over $100,000 to help the City of St. George build the All Abilities Park, which is slated for dedication spring 2016.

Contact Info
James McFadden
Exchange Club of St. George President
435-632-7978
james@requisitemarketing.com

Mindy Suttner
Public Relations Committee Chairman
435-256-5550
msuttner@dxatc.edu

Photo - From Left to Right - Kent Perkins, Director of City of St. George Leisure Services, James McFadden, President St. George Exchange Club, Connor McFadden, Dustin Schofield, President-elect, St. George Exchange Club, Mayor Jon Pike, City of St. George.

Prenuptial Agreements: Are they really necessary?

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Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

            You are getting married -- for the second time.  While everyone is congratulating you on finding love again, your children are encouraging you to complete a prenuptial agreement.  Why are your children so concerned about your new life?  Are they overreacting? 

            Most children who have experienced a parent in a second marriage attest it is a time of happiness and excitement.  They want their parent to be happy, but there are many underlying concerns that can be a white elephant in the room during conversation.  For instance, children from a previous marriage may feel threatened their perceived “inheritance” will go to the new spouse or the new spouse’s children.  In addition, your partner’s asset-to-debt ratio may not be favorable, and your children’s concern may be your assets will be depleted paying debts not incurred by you.  You may both own homes and need to decide in which home you will reside.  There will be questions about taxes, upkeep, and whether the new spouse will continue to live in the home after the other has passed away. 

One way to keep your premarital assets and debts clearly separate is by entering into a Prenuptial Agreement before marriage.  Prenuptial Agreements, like any contract, must be clearly written.  They must be voluntarily signed by both parties, and provide a reasonable disclosure of the property or financial obligations of both parties.  Without a prenuptial agreement, a surviving spouse may have the right to claim a large portion of the other spouse's property, leaving less for the surviving children which will likely be  less than you originally intended.  Litigation related to Prenuptial Agreements almost always centers on whether the terms of the agreement are clear, the agreement was signed voluntarily, and if the disclosure was reasonable.   For this reason, we recommend both parties retain their own attorney to review the Premarital Agreement. 

            In addition to a Prenuptial Agreement, you should also consider updating your estate plan.  Estate planning challenges in second marriages can be solved with a combination of good communication and smart planning.  Creation of a trust is one way to provide for a new spouse after the death of a spouse while preserving the balance of the assets for the deceased spouse’s children.  Utah law provides a default estate plan applicable to Utah residents in a second marriage with children from a prior marriage who fail to take the time to prepare a customized estate plan.  Generally, Utah’s intestate law provides that the surviving spouse could be entitled to the first $75,000, plus one half of the balance of the deceased spouse’s intestate estate.  The children of the deceased spouse receive the balance of the deceased spouse’s intestate estate.  There are several exceptions in this law; you should seek legal advice from a competent estate planning attorney concerning your situation.

            Congratulations on finding love again.  Let us help you preserve the peace in your home and with your newly extended family by assisting you with a Prenuptial Agreement and other estate planning documents.

The attorneys at JensenBayles, LLP provide a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler.