Friday, January 10, 2014

Are You Hanging Around With the Right People?


"I believe that close association with one who refuses to compromise with circumstances he or she does not like is an asset that can never be measured in terms of money." Napoleon Hill
Think about the people that you hang around with. Do they encourage you, uplift you, and see you in your highest good? Or do they hold you back, fearful that you will leave them behind if you're successful? (There are probably a few people in your life that want you to do well, just not better than them.)
If you consider the income levels of the five people that you keep company with most, you'll probably find that your income is right about the average of theirs. What does that mean? If you want to reach a higher level of success, it's important for you to be involved with people that have already reached the pinnacles that you are pursuing. If you are the smartest, wealthiest, most successful person in your group of friends, it may be time to look for new people to attract into your life.
Oftentimes we are too intimidated to approach the people we admire, fearful that we won't be able to bring anything to the friendship. After all, "What do I have to offer them?" is a question that you may ask yourself.
Relationships happen over time. If there is someone you admire and want to build a connection with, look for ways to be of service - with no expectation of return. Perhaps you can volunteer to help them at their next event. Or run errands for them when they are overloaded. Or simply send them thoughtful articles and reference materials that you feel they would be interested in having.
When I attended the National Speakers Association Convention in 2012, I had the pleasure of having lunch with Harvey Mackay. If you're not familiar with him, Harvey wrote a New York Times best-selling book called, Swim With the Sharks Without Getting Eaten Alive. Because this book was so pivotal in my sales career, I quoted Harvey in my newly published book. After lunch, I approached Harvey and expressed my gratitude for the difference he made in my career. I offered him a personalized copy of my book, which he graciously accepted. We took a picture together and I figured that was the end of it.
One year later, I received a call from Harvey. Not only did he read my book, he wanted to quote it in his syndicated news column. I was blown away by his offer, and accepted it enthusiastically. I saw Harvey again at the 2013 Convention and thanked him profusely. I am profoundly grateful that I had the courage to approach him and share my book with him.
Look for ways that you can add value to their lives, without asking anything from them in return. It will be a refreshing change for them, and you may find that they are much more approachable than you think.
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PS - Simply by giving Harvey Mackay a copy of my book, with no expectation of return, I received an unexpected gift. Kindness works!
PSS - This article is the fourth in a series based on Napoleon Hill's book, Think and Grow Rich." If you have not read this amazing book, please pick up your copy today. This book will change your life!
Lisa Ryan is the Founder of Grategy. She is a business keynote speaker, gratitude expert, and author of 6 books including "The Upside of Down Times: Discovering the Power of Gratitude." She co-stars in two documentaries: "The Keeper of the Keys" with Jack Canfield and "The Gratitude Experiment."



Planning For The Disabled And Elderly - Special Needs Trusts


As the average life span of our population continues to increase, and the elderly and disabled live longer than ever before, attorneys are challenged to properly protect them. The United States government provides financial assistance through Medicaid and Supplemental Security Income (SSI) to some extent, but it is rarely sufficient to meet all the needs of the recipient. The use of a Special Needs Trust (SNT) is an excellent means to care for and protect the elderly and handicapped in addition to and in conjunction with their government benefits. (As always, please consult with a qualified Florida elder law attorney before pursuing any course of action.)
Ordinarily the attorney seeks to draft a SNT that will not subject the government benefits recipient to an ineligibility period or reduce the benefits that the programs provide. In some circumstances however, the recipient's amount of government benefits will be reduced as long as essential elements of the benefits are not eliminated. For example, an SSI recipient may suffer reduced monthly SSI benefits but gain full Medicaid coverage for medical needs which is a higher financial aid. All SNTs must conform to appropriate statutory and regulatory requirements to assure the ongoing SSI/Medicaid eligibility of a disabled or elderly individual.
The Special Needs Trust may be either an inter-vivos or testamentary trust fund, and may be either self-settled or created by a third party. The type of trust depends upon whose money funds the trust and the age and circumstances of the beneficiary.
There are basically three types of SNTs. One is a third party created trust for a public benefits recipient. Another is a third party created trust for a public benefits recipient wherein the third party also seeks public benefits for him or herself. The last is a first party or self-settled trust created for one's own benefit.
In the SNT created by a third person for another who is already receiving public benefits, the donor wishes to donate or bequeath assets to another individual without jeopardizing the individual's eligibility for public benefits. In practice, this trust is used most frequently when a parent establishes a trust for a disabled child and when a spouse of a Medicaid recipient, or potential Medicaid recipient, bequeaths some or all of their estate in trust for their spouse.
The next type of SNT adds a twist onto the above. In this trust the donor wishes to donate or bequeath assets to a disabled child or individual under age 65 and additionally the donor wishes to achieve Medicaid eligibility for him or herself.
Lastly, a SNT may be established by a disabled individual seeking to save their own funds for their own benefit. This trust is typically used in conjunction with a lawsuit recovery to preserve the injured party's assets for future needs. Creating and administering this self-settled trust is extremely challenging due to the necessary correlation between trust requirements and public benefits program rules. The program rules are often inconsistent and unclear regarding self-settled trusts and the attorney must scrutinize each program's nuances in order to draft a self-settled trust which will not jeopardize the many public benefits the donor/recipient may be entitled to and will satisfy trust statutory and regulatory requirements.
The controlling Federal law regarding SNTs is entitled OBRA 93, found at 42 U.S.C. *1396p. The definition of a trust under OBRA 93 is ...Realizing that the SNT would be a valuable planning tool for disabled individuals, Congress specifically exempted three kinds of Special Needs Trusts from the OBRA 93 rules: d4A, d4B and d4C trusts. These trusts are named for the section of OBRA 93 that provides their exemption from OBRA's general trust rules.
42 U.S.C. *1396p(d)(4)(B) trusts are generally known as Qualified Income Trusts which are a form of Special Needs Trust used in income cap states, such as Florida, to allow a Medicaid applicant's income to be trusted and paid to the nursing home, thereby not disqualifying them from Medicaid. The d4B trust is relatively simple in application and because of it's unique and narrow nature, this trust is not included under the umbrella of the three basic types of SNTs mentioned above.
42 U.S.C. *396p(d)(4)( C) trusts, or pooled trusts as they are commonly known, are a form of Self-Settled, Special Needs Trust for the public benefits recipient that are also exempted from general trust attribution rules. These trusts fall under the third category above. The pooled trust must meet strict criteria as set out below.
A. The trust must contain the assets of a disabled individual (of any age);
B. The trust must be established and managed by a nonprofit association; wherein, for the purposes of investment management, the assets are pooled but wherein a separate account is maintained for each beneficiary;
C. The trust must pay the state up to an amount equal to the total Medicaid benefits received if the beneficiary keeps assets in an account not retained by the trust; and
D. The trust must be established by a parent, grandparent, legal guardian, court or individual. Pooled trusts are less commonly used and harder to administer than (d)(4)(A) trusts which are outlined in greater detail next.
42 U.S.C *1396(d)(4)(A) sets forth the most common form of special needs trust. This trust excepts form the attribution rule a SNT containing assets of a disabled beneficiary provided that:
(i) The beneficiary is under age 65 when the SNT is funded;
(ii) The SNT is established by the parent, grandparent, legal guardian, or court, not the beneficiary.
(iii) The trust requires the trustee to reimburse Medicaid for the cost of services from any principal and income remaining in the trust at the beneficiary's death. HCFA 64
It is helpful to define and comment on some of the above (d)(4((A) requirements mentioned above. The (d)(4)(A) trust is almost always settled with the disabled beneficiary's money and established by one of the above individuals. Thus making these trusts also fall under the third category above. The assets may include structured settlement payments and lump sum settlements. The term disabled is defined in section 1614 (a) (3) of the Social Security Act, 42 U.S. C. Section 1382 (c) (a) (3), as one who is already receiving SSI or Medicaid based upon disability because the Department will accept the previous disability determination.
Alternatively, if one is not yet receiving SSI or Medicaid there will be an independent determination of disability. The disabled individual must be under 65 years of age, however the trust will continue to be exempt from the inclusion in the Medicaid eligibility determination after he or she turns 65 but the assets contributed to the trust after age 65 will not qualify for an exemption.

Relationships: Why Do Some People Find It Hard To Trust Others?


As human beings are inherently interdependent and therefore reliant on others, relationships play a vital role in not only ones survival on this planet, but also in their ability to thrive. And this means that how one perceives others will play a big part in how they experience life.
Of course one is not going to get on with everyone or approve of everything their fellow human beings do, but this is not important. What matters is that they don't go to the other extreme and not get on with anyone or disapprove of everyone.
To do this is going to have the potential to isolate one from others and to put them on alert when they are around them. Or one could go to the other side of the spectrum and do all they can to get the upper hand over others; with this being the only way that one feels safe.
Trust
What this comes down to is the importance of being able to trust others and the difference this will make in one's life. If they can't trust others they are going to suffer in one way or another.
When one finds it hard to trust other people, they are not going to feel the urge to reach out to people; to ask them for assistance and to be there for them. What they are likely to do is to go it alone and to be in constant state of suspicion and even paranoia.
It won't matter if another person has ulterior motives and is out to harm them, as they might end up projecting this onto them regardless of if it's true or not. Life then becomes a self fulfilling prophecy.
Letting Go
So one might not be able to just trust and to let go; with them being in a state of hyper vigilance. In their mind, they are just waiting for the next thing to happen and for them to be taken advantage of or violated in some way. And as this is where their focus is, it will often become what they experience.
This could make them extremely independent and as someone who try to do more or less everything by themselves. What they reveal or don't reveal about who they are, where they want to go and where they have come from, will have to be carefully monitored as a way to avoid being taken advantage of.
Struggle
Quite simply, life could end up being a real struggle. If one couldn't use their arms or legs it would be the same. But while they might be able to rely on their body to be there and to support them, they can't rely on other people to be there and to support them. That being said, if one feels like this in relation to the external world, their body is likely to mirror this; with one experiencing certain aches and pain.
This is not to say that well meaning people are not around them or available to support them, what it means is that one doesn't trust people enough to recognise these people's true intentions. All they could end up seeing are their own beliefs being reflected back.