Author Archives: Andrew Dauphinee

About Andrew Dauphinee

Education and learning are passions of mine. Lifelong learning is a core part of who I am and I strive to pass that desire for information on to everyone I meet. As the Instruction and Outreach Librarian, it is my goal to provide quality, informative, and relevant programming to meet the diverse needs of our patrons. Please contact me regarding programming at adauphinee@njstatelib.org.

Small Business Administration Resources and Services Program Recap

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Thank you to Erika Pearson for a very informational presentation on the mission and resources of the Small Business Administration.   The SBA offers a variety of loan options to lenders while simultaneously connecting small businesses with those lenders.  Let’s dive in and see what the SBA is all about.

What is the SBA?

The SBA is a federal agency created to help foster the growth of small businesses.  As such, the SBA offers a wide range of services including financial assistance for funding procurement, management training programs, and specialized outreach for women, minorities and veterans.  Additionally, the SBA provides assistance on federal contract procurement, international trade, and loans to victims of natural disasters.  The SBA codifies all of these efforts into 3 core pillars, which we will explore below.

Counseling and Training

The SBA works with a variety of local resource partners to provide free/low cost online and soon to resume in-person trainings on a variety of business related topics, including creating business plans and financial planning.  Local partners affiliates include Small Business Development Centers, Counselors to America’s Small Business (SCORE), Women’s Business Centers, and Veterans Business Assistance.  Additionally, the SBA maintains an online Learning Center, https://www.sba.gov/learning-center, that offers 64 FREE training programs, including Buying a Business, Finding and Attracting Investors, and Savings Plans for Small Businesses.

Capital

The SBA is committed to helping small businesses find and procurement the capital necessary to start, expand, and grow their businesses.  The SBA does not provide any direct financial assistance to businesses, but rather serves as link between businesses and lenders.  To this end, the SBA created the Lender Match service, which allows businesses to connect with lenders from across the country with a simple online application.  Once your application is complete (5-10 minutes), you will be matched with lenders in 2 business days.  From there, you can connect with lenders to determine loan details and shop around.  Once you have a lender secured, you can apply for the loan.

Government Contracting

The federal government sets aside more than $500 billion for contracts ranging from armored vehicles to paperclips.  Roughly 23% of those funds are earmarked for small businesses, small disadvantaged businesses, women-owned businesses, service-disabled veteran owned businesses, and businesses located in underutilized business zones.  The SBA works with businesses in these categories to find the right government contract and assistance with apply for these contracts.  Please consult the Resource Guide for Small Business for more information.

The 5 Cs of Lending

Much of the SBA’s efforts are focused on connecting businesses with lenders and if needed, personally guaranteeing up to 85% of the loan should the business default on the loan.  Before we get into the types of SBA loans that lenders work with, let’s take a look at what lenders consider when a business applies for a loan.

1. Character

Character is essentially a summary of yourself and your business as well as the impression you make on the lender.  This includes your background, education, and experience, especially as it relates to the industry/purpose of your business.  The quality of your references can have an impact on how a lender evaluates your character as well as your personal and business credit history.  A great way to make a good impression is to have a strong Feasibility Business Plan, which should be done before trying to connect with any lenders.

2. Capacity

Capacity is a lender’s way of evaluating your ability to pay back the loan and your likelihood of defaulting on the loan.  Your cash flow is KEY and lenders will look to see how soon into the loan you can generate a positive cash flow.  Is your cash flow trending upward, downward, or remaining steady?  Do your financials indicate an ability to pay off the loan; when will you start making a profit; can the profit be sustained?  All of these questions should be addressed in your Feasibility Business Plan and Financial Projections and you should be be able to explain any areas of potential concern.

3. Collateral

While not all loans require collateral, many lenders like to see available collateral that can serve as a recourse if you default on the loan.  Collateral include tangible assets (cash), property, equipment, accounts receivable in the last 90 days, and inventory.  A lack of collateral may not disqualify you for a loan, but may prompt them to seek an SBA loan to ensure a majority of the loan is guaranteed.

4. Capital

How much skin do you have in the game?  Lenders are much more likely to consider your application if you are personally invested in the business.  As a result, they will want to know how much you have personally invested in the venture; be sure to keep separate and account accounting and statements to easily identify all of your investment and past business expenses.  Lenders will also look at your ability to save money and accumulate grow in your equity.  If you received gifts from family or friends or grants, these do count toward owner equity injection so make sure to keep track of all of these!

5. Conditions

These are the terms and conditions of the loan that you negotiate with the lender.  These will include the intended purpose of the loan (start-up, inventory, property expansion), amount of the loan, and length of the loan.  A standard working capital loan is 3-5, but SBA loans can extend to 10 years.  Loans for furniture, fixtures, equipment, and equipment are generally for the useful life of the item or items.  Real estate loans, which tend to have the highest loan amounts, run up to 25 years.

Why an SBA Loan?

Perhaps the most important aspect of the SBA are their loans.  SBA loans are not direct loans to the recipient, but rather a guarantee for a traditional lender, such as a bank, where the SBA provides the funding to the lender, which is then extended to the borrower. For example, you apply to the lender, the SBA guarantees the lender of repaying up to 85%the loan, then the lender approves the loan and gives you the money.

SBA loans help reduce the lender’s risk if the borrower has an aspect that is considered too risky, such as:

  • unstable cash flow or fear of repayment issues
  • insufficient collateral
  • seeking non-standard repayment terms
  • startups

In order to qualify for an SBA loan,  the borrower must be:

  • for profit
  • independently owned
  • citizen or legal resident
  • meet SBA size requirement

Disqualifiers include:

  • ineligible for financing
  • non-profit
  • money used to buy and sell real estate (landlord)
  • pyramid sales
  • defaulted on federal government debt and without a structured repayment plan
  • probation, parole, or pending criminal charges

SBA Loans Programs

  • 7(a)
    • Maximum of $5 million
    • Fixed interest rate, but rate is negotiable
      • Less than 7 years = Prime + 2.25%
      • Greater than or equal to 7 years = Prime + 2.75%
    • Uses include working capital, inventory, line of credit, expansion/renovation, land, equipment/fixtures, or refinance debt for compelling reasons
    • Fees
      • Only on guaranteed portion of loan
      • Less than 1 year = 0.25%
      • Greater than or equal to 1 year
        • up to $150k = 2%
        • $150k – $700k = 3%
        • $700k – $5m = 3.5% + 3.75% per million
      • If in a HUB Zone, less than or equal to $150k = 0.06667%
      • Fees can be rolled into total loan and no prepayment penalty if less than 15 years
    • Prepayment
      • Maturity < 15 years, no prepayment penalty
      • Maturity = or < 15 years, prepayment penalty if:
        • loan prepays 25% or more during first 3 years
        • Fees:
          • Year 1 = 5%
          • Year 2 = 3%
          • Year 3 = 1%
  • SBA Express
    • line of credit up to 10 years
    • designated lenders can offer flexible smaller loans and approve quickly
    • Up to $350k = 75% guaranty by SBA
    • Greater than $350k – $1m = 50% guaranty
    • Rates
      • $50k or less = Prime + 6.5%
      • Greater than $50k = Prime + 4.5%
    • Eligibility requirements are the same as for 7(a) loan
  • MICRO Loan
    • Maximum of $50k
    • No fees
    • Maximum of 6 year repayment
    • Maximum interest rate as negotiated with lender
    • No real estate
    • Mandatory FREE pre and post loan counseling
  •  504 Loan
    • Primarily for real estate
    • Maximum of $5 million generally in 25 year terms
    • Contribution breakdown
      • 50% of loan from the lender
        • Max rate is Prime + 6%
      • 40% sold in secondary market
      • 10% put forward by borrower
    • Long Term Fixed rate financing (10, 20, or 25 years)
    • Refinancing available and prepayment penalty for first half of life of the loan
  • Special Purpose Export Loans
    • 3 types:
      • Export Working Capital
      • International Trade Loan
      • Export Express – up to $500k
    • Loan amounts up to $5 million
    • Term loan or line of credit
    • Quick processing time and low guaranty fee

If you have any questions about the SBA or any of the available loans, please reach out to Erika Pearson at 973-645-6160 or erika.pearson@sba.gov.  For a copy of the presentation, please visit https://www.njstatelib.org/wp-content/uploads/2019/04/SBA-Resources-Presentation.pdf.  To view a recording of the webinar, please visit https://youtu.be/UypyZJX6v10.

Using Digital Newspapers for Genealogical Research Program Recap

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Thank you to author and historian Brian Armstrong for his helpful discussion on where to find digital copies of newspapers throughout New Jersey as well as the plethora of genealogical information that can be gleaned from historical newspapers.  While many digital versions of newspapers are still behind paid subscription services, more and more libraries and archives are working to digitize their holdings and make them freely accessible.  Let’s take a look and see what we can discover!

Digital Newspaper Basics

Newspapers are like a mirror, held up to reflect who we (and our communities) are.  Newspapers played a critical role in America’s history and were the primary method of communicating information for centuries; as a result, most towns and cities had at least one paper.  Since 1935, many newspapers were microfilmed, with varying degrees of quality.  Digital copies of these newspapers are from the microfilm rather than the original so obstructions can cause difficulties in reading the pages.  However, the use of Optical Character Recognition has made it easier to index and search these papers with a few simple keystrokes.

Information in Newspapers

Newspapers, historic and current, can contain of wealth of information that is great for genealogical research:

  • Obituaries – These can contain a wide variety of vital information, including dates of birth, marriage, and death, names of parents, children, and other relatives, and places of residence.
  • Gossip and Events – Depending on the time period, newspapers might have published information on weddings, funerals, parties, graduations, illnesses, or even trips by car.
  • Business Stories and Ads – These can include founders stories, company history, locations, or products and services.
  • Legal Records – Notices relating to lawsuits, wills, and divorce can provide biographical information, personal property, and draw connections to other individuals.
  • Real Estate – Transactions of sales, transfers, renovations, and even reports of fire can help tie relatives to specific locations.

Digital Newspaper Sources

The resources below are a selected list of popular subscription services as well as listings of digital newspapers:

The New Jersey State Library has developed a Research Guide that provides valuable information about current and historic New Jersey Newspapers – https://libguides.njstatelib.org/news.  Additionally, we have created the New Jersey Digital Newspaper Project which lists digital newspapers by county throughout the state and where to access them – https://libguides.njstatelib.org/digitized-newspapers.

If you have any questions, please reach out to Brian Armstrong at brianarm59@gmail.com or Regina Fitzpatrick, Genealogy Librarian, at rfitzpatrick@njstatelib.org.  You can view a recording of the webinar at https://youtu.be/wZFqtQRKMpI.

Take the Wheel Program Recap

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Thank you to Jaime Gangone from the Credit Union of New Jersey for sharing information about getting the best deal when purchasing a car.  Purchasing a new or used car can be a hassle, but you there are some things you can do to take control and ensure you are getting what you want at a fair price.  Follow these tips:

  1. The most important part of buying/leasing a car is determining how much you can afford.   Make sure to create a budget to determine the limit to what you can spend.  Secure a pre-approval from your bank or credit union to have an accurate number for what your spending range should be.
  2. Shop around, either at dealerships or online.  By researching the car you want, you can pick the features, check to see what others in your area have paid for the car, and see what discounts or offers certain dealerships may be giving to help lower the cost of the car.  Additionally, you may be able to find out the safety record of used cars or determine the value of your trade-in.  Try to visit at least 3 dealers to get the best price and be sure to take someone with you; 4 eyes are better than 2!
  3. Determining the actual price of the car can be difficult.  The MSRP does not include optional equipment, dealer fees such as destination charges, or market adjustments.  The total price of the car is the “sticker price” which is usually at the bottom of the window sticker.  Additionally, there may be rebates, offers, and dealer incentives that can decrease the cost of the sticker price so make sure to ask about them.  Ideally, you want to negotiate to about 2% over the dealer invoice price.
  4. Negotiation is an art and car salespeople do this many times a week.  Be sure to talk about the invoice price rather than the sticker or MSRP.  Negotiate the price first before discussing any payments or trade-in values.  The salesperson knows what the lowest price is so do not wait around for a manager’s approval; this is a stall tactic to make you think about buying impulsively.  As always, shop around to get the best deal because each individual dealership controls the final price of the car, not the manufacturer.  With the high-demand for used cars, you may get a better value for your trade-in by selling it to an online retailer like AutoLender or Carvana, rather than the dealership.
  5. One way dealerships try to sell you a car is by offering discounts on financing, such as 0%.  However, if you take the financing option through the dealership, you usually loose out on other rebates, such as cash back.  Financing through your bank or credit union, while it won’t give you 0%, you will still be qualified for the other rebates, which may be greater than the interest you will pay on the loan.  Additionally, the dealership may make several hard inquiries on your credit while checking several lenders they work with while your bank or credit union will only make one.
  6. When buying a used car, be sure to get a copy of the Buyer’s Guide, which dealers are required by law to provide.  This will tell you if there are any warranties, the major mechanical and electrical systems, and if there are any potential problems with the car.  Always get deals in writing and always have the car inspected by an independent mechanic before purchase.
  7. Every new car comes with a factory/manufacturer’s warranty, but dealerships may offer an “extended warranty” at an additional charge.  These are not actually warranties, but service contracts.  Before adding this on, ask about duplication through the manufacturer warranty, what is and is not covered, the cost, who handles the claims, and the types of parts used in repairs.
  8. If you are going to lease a car, your monthly payments are generally lower, but you do not own the car.  Lease agreements will have a term length and mileage limit; you are responsible for extra fees if you go over the mileage limit.  Make sure that the buy-out price is 66-67% of the total cost of the vehicle.  Also consider gap insurance, which will help cover the cost of the loan if the car is totaled or stolen.
  9. Make sure you have insurance!  In NJ, you are required by law to have car insurance in order to operate a motor vehicle.  A vast majority of car contracts, whether you are buying or leasing, require you to have both liability and collision until the loan terms are satisfied.  Make sure to shop around as rates are always changing.  Look for discounts through bundling with home/renters as well as discounts for high-school/college students.

There are many resources out there to help you when buying a car.  Consumer Reports has reviews as well as a booklet to purchase that lists the dealer invoice prices for a given year.  Edmunds will also tell you the invoice price for new cars and provide fair market prices for used cars.  Cars.com is a great way to shop around for the features you want and see what others have paid in your area.  Kelly Blue Book is the gold standard for determine the value of your used car, but they will also provide information on new cars.  The Federal Trade Commission has good information on all aspects of the car buying process, especially in terms of leasing a vehicle.

If you have any questions about the webinar or buying a car, please contact Jaime at jgangone@cunj.org.  Please download a copy of the handout at https://www.njstatelib.org/wp-content/uploads/2018/11/Take-the-Wheel-Handout.pdf.  Additionally, you can view a recording of the webinar at https://youtu.be/vai6Q_dKCI8.

Copyright Mythconceptions Program Recap

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Thank you to Judy Russell, The Legal Genealogist, for an extremely informative and resourceful presentation on copyright and it’s implications for genealogists.  With the wide-variety of records and works out there, many of which digitally available, it is even more important that we all take the time to learn about copyright and take all the necessary steps to ensure that we are in compliance with copyright law.  There are a lot of myths surrounding copyright, some of which we assume to be true, that can land us in hot water.  Let’s dive in and learn the truth about copyright!

What Is Copyright?

Copyright is a set of granted rights, determined by the federal government, that are granted to individuals or groups who create a work.  These rights are exclusive to the copyright holder and include:

  • The sole right to make copies of the work
  • The sole right to distribute copies of the work
  • The sole right to any derivative works
  • The sole right to display the work in public or through public performance
  • The sole right to perform the work via digital audio

In order for a work to be considered for copyright, it must have some degree of originality and be in some tangible form, whether that be analog or digital.

It seems like copyright can cover an innumerable amount of things, so what does copyright NOT cover?  Ideas and processes or procedures cannot be copyrighted; however, these can be patented.  Names, titles, and slogans also cannot be copyrighted; however, these things can be trademarked.  Facts and commonly known information, such as “New Jersey is a state”, cannot be copyrighted.  Additionally, works by the United States Government, created by federal employees for federal use, cannot be copyrighted and are free to use.

The length of a copyright can depend based on when the work was created.  For example, anything created after January 1, 1978 has a copyright length of 70 years after the creator’s death; 95 or 120 years if that work was produced by a corporate or commercial entity.  For works before January 1, 1978, it depends on a variety of variables.  For a comprehensive guide for determining the copyright standing of any work, please visit Peter Hirtle’s “Copyright Term and the Public Domain in the United States” at https://copyright.cornell.edu/publicdomain; it is updated every year with the most up-to-date information.

Violating copyright law can result is several consequences, including criminal/civil law suits and statutory damages (up to $150,000) even if infringement did not harm the copyright holder.  Therefore, it is always best to err on the side of caution and always secure permission to use a work or a portion of a work, unless that work’s copyright is expired or it is in the public domain.

Top 10 Mythconceptions

Now that we have an idea of what copyright is, let’s jump into Judy’s Top 10 Copyright Mythconceptions.

10. It’s not copyrighted because it doesn’t have a copyright symbol or notice of copyright.
While this was the case in the past, a new law in 1989 makes it optional for all creators to obtain a copyright notice or symbol to get copyright protection for any works produced after 1989.  Works produced before 1989 may still be protected without any copyright symbol or notice so please refer to Peter Hirtle’s “Copyright Term and the Public Domain in the United States” at https://copyright.cornell.edu/publicdomain.

9. It’s not copyrighted because it is not registered with the Copyright Office.
There is no provision in the law that requires a work to be registered with the Copyright Office in order to gain copyright protection.  According to the law, copyright protection is automatically guaranteed upon creation of the work.  Additionally, copyright registration can occur at anytime during the tenure of the copyright, even after the creator dies.

8. I own a copy of the work, so I own the copyright.
Ownership of an item is entirely separate and apart from ownership of the copyright.  For example, even thought you may own a copy of a book, you cannot make any copies of the book since you do not own the copyright.  This also applies to one-of-a-kind works that you may own the only copy of; the work was still produced/created by someone else who actually owns the copyright.

7. If I just change the work a little bit, I can use it and get a copyright.
Unfortunately, only the copyright holder has the right to create derivative works, or works that are based off of the original work.  These include translations, adaptations, and revised editions.  For example, if I have a photograph of a particular bird, even if someone changes the contrast of the photo, I still own the copyright and they are technically infringing on my copyright.

6. It’s okay to use this because the original is out of print.
Copyright does not care about how many works were produced or their current availability.  Even if the copyright holder is dead and no other heir can be located, the work, referred to as an orphaned work, is still under copyright protection.

5. Using less than 10% of a work means it is fair use.
There is nothing in the law that codifies a specific amount of a work that qualifies under the Fair Use Doctrine.  There are multiple factors that are part of Fair Use, including:

  • Purpose and character of use (educational, personal, profit)
  • Nature of the copyrighted work
  • Amount of work used and substantiality of portion to entire work (the heart and sole of the work)
  • Effect of use on potential market of the work
  • Is the new work transformative from the original?

Please check out the National Library Association’s Fair Use Evaluator for more information.

4. It’s not a copyright violation if I don’t make money.
You do not need to profit from someone else’s work for you to violate copyright law.  While the nature of your work will be considered as one factor under the Fair Use Doctrine, it is not the sole determining factor.  Non-profits, even though they are not producing anything for profit, are still bound by copyright law to the same extent as an individual who is producing a work for profit.

3. It’s ok to use this because I found it posted online.
Just because something is posted online, does not mean it automatically falls under the public domain.  Quite contrary, posting something online is considered a tangible form and is afforded the same copyright protections from the moment it is posted online as something published in paper.  For example, a picture of a gravestone on Find-A-Grave falls under copyright protection from the person who took the picture as well as Find-A-Grave; however the information on the gravestone is not copyrighted because it is fact.  Many genealogy databases, such as Find-A-Grave and Ancestry.com have very liberal licenses for using their content so always check the Terms and Conditions to see what you can use freely.  If things are posted online under a Creative Commons license, then those items are free to use as long as you follow the provisions in the Creative Commons license, which can range from free-use, use with attribution, or use with citation.  

2. It’s ok because I gave the author credit.
We should always give others credit for their work, even if we have their permission to use it; that is just good practice.  However, just because you give the creator credit, does not release you from infringing on their copyright as they still hold “exclusive” rights mentioned above; it only gives you protection against claims of plagiarism.

1. But it’s MY family!
Just because the work was produced by a family member or a family member is the subject of the work, such as a picture, it is still protected under copyright law.  There is no exclusion related to works by family members.  Additionally, the subject of the work has no claim to the rights of the work; only the person who created the work can own the copyright.  If the family member who created the work dies, the copyright transfers upon death to any named individuals in the will or if ownership is not named, copyright is now under the control of the estate.

While it may seem there is no way to stay completely safe when dealing with copyrighted materials and genealogy, especially with the pervasiveness of online records, we just have to be diligent.  Try to use public domain materials whenever possible, which is currently anything before January 1, 1926; this changes each year.  Materials published by the federal government are also not covered by any copyright protections and are free to use.  If in doubt, always secure permission to use the material, in writing if possible.  Lastly, we can always use Creative Commons materials, as long as we stick to the provisions in the license.  If you have any questions, please visit Judy’s website, https://www.legalgenealogist.com/, where you can subscribe to her newsletter, read her posts on a variety of genealogy related topics, or ask her questions.

Publishing Your Genealogy for Amateurs Program Recap

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Thank you to Caryn Alter, Stephen Cohen, and Lew Meixler for sharing their experiences related to publishing different books related to genealogy.  A great way to save our genealogical research and share it with others is through published works,  but the process can be daunting for those who are new to the publishing world.  However, there are a few tips that can help on that journey.

Finding a Publisher

Picking the right publisher for your specific needs is extremely important and can take some time.  The most important things to remember when looking for a publisher are persistence and patience.  Caryn and Stephen were specifically looking for a Jewish publisher as their book was a children’s workbook for discovery their Jewish genealogy.  They contacted several publishers through written cover letters and provided writing samples, including an Introduction, Sample Chapter, and Table of Contents.  By adding the writing samples, this gave publishers a clear picture of the book they wanted published and demonstrated the amount of work that was already put into the project.  However, they had to fund the printing themselves and the publishing company did not do any marketing for them.  Additionally, the publisher only made the work available through their website as well as Amazon.

Lew Meixler wanted to publish his father-in-law’s memoir, keeping the original memoir written by his father-in-law unchanged.  An academic acquaintance of Lew’s,  who would previously self-published a family member’s memoir, recommended AuthorHouse.  Lew felt AuthorHouse was a great fit because:

  • He retained copyright, with rights to sell book as a movie
  • Mother-in-law received royalties and annual statements of sales
  • Obtained ISBN number and secured retail through Amazon and Barnes and Noble in addition to publisher’s website
  • Very knowledgeable and friendly staff that worked closely with Lew and his team

Copyright

Including images, maps, and vital records can be a great way to add flavor and context to your published genealogy work, but can also result in many copyright considerations.  Items from family and friends are still considered copyright materials so it is always best to obtain written permission to use them, regardless of how positive your relationship is with them.  Some published works may be in the public domain, depending on their age and therefore are free-to-use.  However, it gets very tricky when it comes to items pulled from online genealogy resources, such as Ancestry or Family Search.  While the document itself might be in the public domain, the scanned image is copyrighted and you will need to contact those companies to obtain copyright permissions.  You can always consult a copyright/patent lawyers for more information or solicit help through your publisher.

You should also consider the copyright of your work when looking to the future.  Lew was able to get the original memoir copyrighted in his mother-in-law’s name.  He now felt comfortable circulating it to other people for review without worry that his father-in-law’s memoirs would be stolen or used without their permission.  A copyrighted material can also help you secure a publisher.

To hear more about their stories, you can view a recording of the program at https://youtu.be/huq2NdTcQMM.  Additionally, you can download a copy of Lew’s “Comments/Suggestions on Publishing a Family Memoir” at https://www.njstatelib.org/wp-content/uploads/2021/06/Comments-on-Publishing-a-Memoir.pdf.  If you have any questions, please reach out to the panelists at their email below:

Legal, Financial, and Care Planning for Alzheimer’s Program Recap

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Thank you to Ryann Siclari from Porzio, Bromberg, and Newman for her in-depth look into the legal and financial planning elements one should consider if they or a loved one are suffering from Alzheimer’s or other dementia related conditions.  Early planning can save valuable time, money, and headaches while allowing the affected individual maximum self-determination and control over their future wishes and finances.

Legal Planning

Legal planning as it relates to aging individuals, including individuals with Alzheimer’s, is focused on plans for health care, including long-term care, as well as finances and property.  Ultimately, the goal is to ensure that all necessary documents are in place and all decision-makers are selected well before the individual is no longer able to make decisions for themselves, otherwise known as legal capacity.  Legal capacity is usually determined by the court and includes an assessment of judgement and decision-making ability, things that may not become apparent during the early stages of dementia-related conditions.  Let’s take a look at some of these elements in detail.

Advanced Directives

Advanced directives are essentially medical instructions that doctors, nurses, and other medical professionals must follow in a given situation, including treatment, care, and end-of-life wishes.  These can include DNR (Do Not Resuscitate) orders, Durable Power of Attorney for Health Care, and Living Wills.  Multiple family members and all health care providers should have copies of all advanced directives.  While not a legal document, individuals can also have a POLST (Physician’s Order for Life Sustaining Treatment) which informs any medical professionals, such as paramedics, EMTs, or other first responders about an individuals medical wishes should they be unable to reach a doctor or hospital.

Durable Power of Attorney

Durable Power of Attorney are legal documents that allows an individual to declare someone else as their agent to make decisions on their behalf should they become incapacitated or deemed legally incompetent by the courts.  These are lasting, legally binding documents that only terminate upon the death of the individual.  There are two major types of POAs – Health Care and Finances and Property.  POAs do not specify how your agent will act in your stead, just that they have the authority to make decisions related to your health care, finances, and personal property, including real estate.  There are different rules in each state about obtaining a POA, so be sure to check with your current state and any states an individual with dementia may move to ensure that the POA is legal.  For example, New Jersey only requires a notary, but other states may also require the signatures of witnesses.

Will and Living Will

While they may sound similar, wills and living wills are 2 completely different documents that can drastically affect the future of someone with dementia if they are absent.  Wills only take effect at the death of an individual and are used to name an executor or executors of one’s estate as well as beneficiaries of any property that is not already governed by laws or contracts.  Living wills, on the other hand, state a person’s choice for future medical decisions, such as artificial life support.  These only become effective when a doctor, sometimes 2, determine that an individual is irreversibly ill or critically injured and near death.

Revocable Living Trust

A Revocable Living Trust names a trustee for the trust and instructions about how to manage a person’s estate, which can be a substitute for a Durable Power of Attorney for Finances and Property.  This document can help ensure that an individual’s property transfers to the person of their choice and helps avoid the sometimes lengthy process of probate.  Items that can be included in the trust include cash or liquid assets, personal property, and real estate.  Additionally, the Revocable Living Trust can specify whether the trust will end when the last beneficiary dies or it will continue to benefit others, giving more flexible for years after the individual’s death.

Financial Planning

While we all wish that we won’t need help as we age, the reality is that a majority of us will need some type of care as we get older, especially if we suffer from dementia.  Whether the care is through family members, in-home professional care, or long-term care at a facility, it can become very expensive and without proper planning, we can put ourselves and our loved ones in extremely difficult situations.  Therefore, it is critical to determine what our lowest and highest levels of care might be and then, what financial resources we have available to pay for that care.  Let’s take a look at a wide variety of financial options that are available.

Who Will Care

While it is important to determine how we may pay for future medical care, it is also important to determine who will provide us or a loved one with care.  There are a variety of formal care options, such as home health aides/nurses or assisted living facilities.  There are also informal care options that many choose to use, especially at the beginning of dementia, which can include family, friends, neighbors, and faith or volunteer-based organizations.  Informal caregivers who have the family caregiver designation may also be eligible for state and/or federal tax deductions, including personal care items, home improvements, in-home care, nursing services, and long-term care insurance premiums.  In New Jersey, these expenses cannot exceed 2% of the caregiver’s income and medical expenses cannot exceed 10%.

Additionally, The Older American’s Act, available through Area Agencies on Aging, has authorized funding to be made available for a wide-variety of services, including supportive services (rides), nutrition, family caregiver support, and disease prevention and health promotion.  Whether an individual elects to use informal care options or a combination of informal and formal care options, it is important for everyone involved in be aware each other’s roles and responsibilities so using a calendar, such as the Alzheimer’s Association’s Care Team Calendar, can ensure that the individual is receiving all of the appropriate care at the appropriate times.

Personal Resources

We can certainly choose to pay for our medical care ourselves in a variety of ways, including personal employment, savings, retirement payments, and other assets.  There are also other ways to generate income specifically designed for older individuals, such as reverse mortgages.  Reverse mortgages are designed for individuals 62 or older to receive payments from a mortgage lender based on the equity they have in their home.  The money is tax-free and there are no income requirements, but closing costs and service fees can vary greatly.  Additionally, if a solo homeowner should stay somewhere else for over a year, such as a long-term care facility, they must repay the balance of the loan, which may result in the loss of the house.  Also, while the individual’s Social Security and Medicare benefits will not be affected, the income from the reverse mortgage may impact other governmental benefits programs, such as Medicaid.  Should the home be sold or transferred to another family member, the balance of the loan will come due.

Another way to pay for medical care as we age is through long-term care insurance.  Generally, long-term care insurance is based on care level, not a diagnosis, but it may be denied due to preexisting conditions when applying.  Make sure to check to see if Alzheimer’s or other dementia conditions are covered, when a person with dementia can start collecting benefits, and what kind of care the policy covers.  Additionally, you should understand what the daily benefits are, how long those benefits will be paid out, and if there is a maximum lifetime payout.

Medicare

Medicare is a government sponsored insurance program that is age-based.  Once an individual turns 65, is under 65 and disabled according to the Social Security Administration for at least 2 consecutive years, or at any age with end-stage renal failure, they are automatically enrolled in Medicare.  Medicare is federally administered and in most cases, there are no premiums as long as you have paid into Medicare for at least 40 quarters; however they may be co-payments, co-insurance, or deductibles the individual is responsible for.  Medicare is divided into Parts A – D, which cover a wide array of services, including hospital stays (Part A), rehabilitation (Part A), physician visits (Part B), lab work (Part B), screenings (Part B), and prescription drugs (Part D).  Additionally, supplemental insurance (Part C) can be purchased through a third-party insurance carrier that will administer your Medicare benefits, while providing extra benefits such as dental work, dentures, hearing aids, medical transport, and gym memberships.  However, Medicare WILL NOT pay for long-term nursing home care!  For a detailed look at Medicare, please visit https://www.njstatelib.org/taking-the-mystery-out-of-medicare-program-recap/.

Medicaid

While Medicare is strictly health insurance, Medicaid is a government assistance program, administered at the state level, that can pay for many things that Medicare does not cover, such as long-term nursing home care.  While everyone is entitled to Medicare, Medicaid is needs-based, meaning that an individual must qualify financially, based off of their income and assets.  Currently, in order to qualify for Medicaid, an individual must have an monthly income of $2, 382 or less, $2,000 or less in assets, and if married, the spouse cannot have assets that exceed $130,000.  As a result, many people decide to “spend down”‘ their income and assets in order to qualify for Medicaid; however, Medicaid does a 5-year look back at an individual’s finances.  Therefore, if a person does not meet those qualifications for the past 60 months, they may be ineligible for Medicaid until they qualify for that 60 month period or a penalty may be applied requiring the individual to pay out-of-pocket for expenses for a period of time.  Therefore, it is highly recommended to speak with a financial advisor with experience in elder care to ensure that an individual’s income and assets are properly managed years before they apply for Medicaid.  Should an individual qualify for Medicaid benefits, it is important to determine if the long-term care facility accepts Medicaid and if there are requirements that an individual pay privately for a period of time before the Medicaid benefits are accepted.

If you have any questions about the material covered here, please reach out to Ryann Siclari at rmsiclari@pbnlaw.com.  You can find the recordings for this series at the links below:

Part 1 – https://youtu.be/4zfc7lKTEbk
Part 2 – https://youtu.be/vJSqzzHDKyI

Additionally, please click on the links below to download the corresponding handout:

Part 1 Slides
Part 2 Slides
Helpline Flyer
Legal and Financial Tips

Simple Safeguards: How to Stay Safe from Identity Theft and Cybercrime

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Thank you to retired FBI agent Jeff Lanza for his presentation on preventative methods from becoming a victim of identity thefy and cybercrimes.  Jeff’s work and experiences provide a unique insight into the ever-growing problem of staying safe online and protecting your identity.  Criminals are always coming up with new ways to steal your identity and money, but by practicing some simple safeguards, you can significantly lower your risk of becoming a victim.

Prevent Identity Theft

There are three main things we can all do to help prevent identity theft.  First, everyone should create an online social security account at www.ssa.gov, especially if you are over 62.  This is important because if a criminal steals your identity, including your social security number, they can sign up for an account and starting collecting your benefits.  Once this happens, it can take years to sort out and you will have lost out on important funds you may need during your retirement.  Therefore, it is extremely important to never give out your social security number to anyone unless there is a legitimate reason.  The Social Security Administration will never contact you by phone so anyone who calls pretending to be from them is just looking to steal your personal information.

The second way to help prevent identity theft is to freeze all of your credit reports.  A freeze is a free service that restricts access to your credit reports and should prevent new accounts from being opened in your name.  Freezing is highly recommended and is a proven way to protect against new account fraud.  You can also unfreeze your accounts at anytime in preparation for any new inquiry or accounts.  You should also check your credit report every 4 months by requesting your yearly free credit report from each credit bureau.  This will help you spot any irregularities that may indicate fraudulent activity on your accounts; the earlier you catch the problem, the better.  In order to place a freeze, you will have to conntact each credit reporting bureau separately in order to place a freeze on your credit:

The third thing we can to do to prevent identity theft is to protect our paper.  Whenever possible, sign up for online statements, banking, and bill payment as it is much more secure than paper statements and mailing checks.  Thieves can easily go through your mailbox and unfortunately, putting the flag up on the mailbox for outgoing mail can make you a target for mail theft.  If you do receive documents with your personal information, you shoulud shred those documents instead of throwing them out.  You should use a secure shredder (micro-cut, cross-cut, or diamond-cut) as thieves can easily reassemble your documents from a traditional shredder.

Watch Out for Tricks

The goal of any scam or fraud is to trick you into falling for their ploy.  The best thing you can do is use common sense, especially since robocalls/messages are at an all-time high.  Do not answer the phone unless you recognize the number; the more you answer, the more calls you will get, even if you select an option to opt out of receiving more calls.  If you do answer the phone and you do not recognize the person or what they are calling in reference to, hang up immediately.  You can always call your banking institution or government agency back at a legitate number to verify the reason you received a call.  Remember, many places will not call you regarding sensitive or personal information, so do not provide any personal information such as social security number, bank account information, or pin numbers over the phone.

Given the global pandemic, there are many scams now related to Covid-19 that can try to prey on our uncertainty.  Ranging from scams related to personal protective equipment, to testing, to vaccines, these scammers try to get personal information or money out of you while promising things that may seem beneficial.  Scammers may even use spoofing, the act of disguising their phone number as coming from a legitimate organization or agency, to convince us of their scam.  If something does not seem right, always hang up and call back from a number you find on their website or bill statement.

Email is a popular way for scammers to try and steal your personal informaiton or implant malicious software on your computer.  The first thing to do regarding any email you don’t recognize is to open it and check the email address; opening the email will not cause you any harm.  If you click on or hover over the sender’s email address, you can quickly determine if the sender is legitimate or not.  Secondly, look for grammar mistakes or oddities throughout the body of the email, especially if important words are mispelled or out of place.

Many scammers will use official logos to make their emails look legitimate so when in doubt, either call the organization from a legitimate number or contact them electronically from an address from their website.  For example, there are about 15,000 fake IRS websites, so if you do click on a link, make sure to look for the lock icon next to the web address in the address bar and click on it to bring up the sercurity certificate, which will show if the site is legitimate.  Do not click on any links in suspicious emails as these will take you to pages where they will ask you to input personal information; instead, visit the official website or use an official app and log in through there.  Lastly, do not open any attachments from suspicious emails as these can install malware or spyware on your computer that can track your online activity, track your keystrokes, and steal information from your computer.

Protect Your Computer

We do so much on our computers these days that they are now prime targets for hackers and identity theives to gain access to our information.  If you can, make sure you have adequate virus and malware protection, especially if you use the internet as your primary means of paying bills, accessing accounts, and connecting with others.  If you want added protection, you can use a VPN (virtual private network) that further encyrpts your information and internet activity.  Also, you should back-up your computer periodically on both an external hard drive as well as through a cloud-service.  This will ensure that if your computer crashes or you are the victim of a ransomware attack, all of your information is safe and secure.

We have all encountered pop-ups while sifting through our emails or surfing the internet.  Pop-ups are designed to gain access to personal information or install malicious programs on your computer.  If you encounter a pop-up, the best thing to do is open your task manager and end the pop-up through there; do not try to click on the “x” in the top right of the pop-up window as this could activate the pop-up.

A great way to keep your information secure is to make sure that you are using strong passwords and multifactor identification for all of your online accounts.  Creating long, complicated passwords for each separate website or app can be annoying and very hard to keep track of so we often use the same password for multiple different sites.  While this is convenient, it makes it much easier for criminals to access all of our accounts if they steal our information from just one source.  By adding extra steps to log in through biometric or pin code verifications, you can make it more difficult for criminals to access your accounts should they steal your username, password, or email address.  Additionally, you can use long phrases that mean something specific to you as the concensus is that passwords over 12 characters are much more difficult to crack.

If you have any questions, please reach out to Jeff Lanza at jefflanza@thelanzagroup.com or visit his website at https://thelanzagroup.com/.

Estate Planning Bootcamp Program Recap

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Thank you to Larry Metzler for providing a nice overview of the many aspects of estate planning.  From gifting, to wills and trusts, to taxes, to the general process of probating and dispersing assets, Larry discussed many important considerations that are involved in estate planning.  Oftentimes, there are many myths surrounding estate planning and this can lead to many common mistakes.  Let’s take a look at the 14 most common mistakes as it relates to estate planning.

1.  Procrastination

The most common, and perhaps the biggest mistake people make when it comes to estate planning is procrastination.  “What’s the rush?”, “I’m too busy right now”, and “I don’t like to think/talk about it” are all common responses to estate planning.  While it doesn’t seem important at the time, we never know what may happen to us and making sure that our affairs are in order for the inevitable can save our loved ones time, money, and stress in the event of our passing.

2.  Overconfidence

Once we have our estate plan, we may think that everything is finished.  However, estate planning is an iterative process that should consistently be evaluated and, if necessary, changed depending on how our lives change.  It is recommended that wills and trusts be reviewed no less than every 3 years to make certain that your estate plan is still in keeping with your dispositive wishes, changes in the law, changes in the tax code (both federal and state), and changes in your family relationships and/or composition.  Power of attorney and living wills (advanced medical directives) should be reviewed every 2 years to make certain that these documents are in compliance with the current laws and are consistent with your wishes, the changes in your family relationships and composition, and the then current policies of banks and brokerage firms where you keep your investment assets.

3.  Making a Will Disposes of All My Property

Many people think that what is contained in a will is the final say, including marital assets and financials such as retirement accounts or life insurance payouts.  In fact, in a typical marital situation, at the death of the first spouse, less than 15% of the total dollar value of the married couple’s combined estates is controlled by the decedent’s will.  There are different asset classes and each one is transferred differently upon death:

  • Probate – made up of your tangible (“stuff”, like jewelry, cars, furnishings), intangible (cash, bank accounts, money market accounts), and real (real estate) property.  These assets are transferred based on what is written in your will.  If there is no will, then they become the property of the estate.
  • Joint – made up of assets that are titled in more than 1 name or held jointy, such as a joint bank account or a residential property.  This also includes residential property that 2 legally married parties are living in, even if the deed is only in the decedent’s name.  The transference of these types of property are determined by state laws, irrespective of the directives in a will.
  • Life Insurance, Annuities, and Benefits (Retirement) – These types of financial assets require a contract and will only transfer ownership or provide monetary payouts to the beneficiaries listed in the contract.

The total value of the above assets represents the gross estate, which is used for Federal Estate Tax and New Jersey Estate and Inheritance Tax purposes.

4.  Significance of How Assets are Titled

It is often assumed that everything should be titled in the decedent’s name or their spouse’s name, but that might not always be best.  For example, if your life insurance goes to your spouse, and they decide to remarry, it could ultimately end up in the hands of your spouse’s new partner.  Additionally, if your spouse has outstanding leins or debts, any money they receive may be subject to creditors.  Perhaps most importantly, depending on how much money you or your spouse has, your estate might be liable for the payment of any state inheritance tax and federal estate taxes at a rate of 40%.

5.  Failure to Take Full Advantage of the Federal Estate Tax Exemption

Every individual has the ability to shelther up to $11,700,000 ($23, 400,000 for married couples) from the imposition of Federal estate taxes as an exemption in 2021.  However, if one spouse dies, the living spouse’s federal exemption still remains at $11,700,000 unless federal estate taxes are filed and the “portability” benefit is claimed.  Portability allows for any unused exemption from one spouse to be transferred over to the other spouse.  For example, if the decedent only had $1,000,000 for their estate, they can effectively “give” their remaining unused portion ($10,700,000) to their spouse, increasing their spouse’s individual exemption to $22,400,000.

6.  Failure to Understand and Take Advantage of the Benefits of a Revocable Living Trust

A revocable living trust is a great way to safeguard your money and financial assets, both before and after your death.  There are three parties to any trust – grantor, trustee, and beneficiary.  You can designate yourself as all three should you choose to ensure your assets are handled exactly according to your wishes.  Benefits of a revocable living trust include:

  • Avoids probate (and associated fees) as well as public disclosure of those assets
  • Avoids delays in your spouse’s and/or other beneficiaries’ access to assets and income from those assets
  • Provides a tax effective mechanism to capture the federal equivalent exemption at death of first spouse and maximizes both spouse’s federal estate tax exemptions
  • Provides a tax effective mechanism to create generation skipping trusts or dynasty trusts upon death of first or second spouse
  • Can provide protection of beneficiary’s assets from creditors, future spouses, divorce of children/grandchildren, and poor judgement by the beneficiary

7.  Failure to Understand the Relationship Between Federal Estate Tax Exemption and Any State Estate Tax

Some people assume that there is congruency between the federal and state tax exemptions, but that is not always the case.  As of 2018, New Jersey has eliminated the state estate tax, but this can change at any time.  However, New Jersey still has an inheritance tax in which the transfer of any benefits at death to any non-exempt beneficiary (other than spousal our lineage beneficiaries) are taxed at 15%.

8.  Failure to Understand the Federal Gift Tax Rules

A popular strategy to reduce the value of an estate to avoid paying any federal and/or state estate taxes is to give away assets periodically throughout one’s life.  While this is certainly feasible, there is a federal gift tax exclusion that can change from year to year.  All gifts that exceed (or in the past have exceeded) the annual gift tax exclusion in place in the year the gift was made will be added back to the value of the taxable estate upon your death.  For 2021, the federal gift tax exclusion is $15,000 per year, per donee.  For example, a married couple with 2 children can effectively gift up to $60,000 to their children ($15,000 gifted to each child from each parent) per year for as long as the federal gift tax remains at $15,000.  This can occur even if the asset is only owned by one of the parents.  Additionally, any time you place property in joint name with another person or persons, you are making a gift and depending upon the value of the property at the time of the gift, you may incur a gift tax liability.  However, there is no limit on the transfer, or gifting, of property between spouses.

9.  Failure to Properly Plan to Protect Your Assets from being Spent Down on the Cost of Long-Term Care

While we might like to think that we won’t need nursing care or long-term care, in reality 43% of seniors will require nursing home care and 70% will require long-term care prior to their death.  Additionally, we may drastically underestimate the cost of that care, which can range from from $6,000-$7,000 a month for home care and increas to $10,000-$14,000 a month for nursing home care.  This is a growing problem and depending on how you plan to pay for that care, you may have to start “spending down” your assets many years in advance to qualify for Medicaid.

In order to qualify for Medicaid in New Jersey and have that program pay for home/long-term care, an individual’s income can be no more than $2,205 per month and they cannot have more than $2,000 in assets, including a home.  Medicaid will look back 60 months to ensure that these qualifications have been met; if care is needed before the end of that 60 month period, the individual will have to continue to spend down any assets for the remainder of the 60 month period.  Failure to do so can cause Medicaid toput a lein on a primary residence or deny care, causing the individual to pay for services already rendered out-of-pocket.

According to current rules, primary residences and IRA’s are NOT protected and will need to be spent down/transferred.  Placing an asset in joint name with a child or children will not be protected, unless the child/children can prove contribution to that account.  Additionally, you can no longer transfer assets to your spouse to avoid spending down any excess.  The non-institutionalized spouse can only retain the greater of $26,076 or 50% of the couple’s joint assets, up to a maximum of $130,380 of countable assets, excluding the primary residence.

10.  Failure to Properly Select Fiduciaries

Choosing who will act on our behalf can be extremely important to ensure that your wishes, both while alive and in death, are carried out correctly.  Be sure to choose someone whom you trust wholeheartedly; oftentimes we choose a spouse or child, but those can be the wrong choices, especially if those individuals have problems such as addictions, debts, or trouble managing money.  Fidicuriaries you should consider include:

  • Guardian of the person and estate of a minor child or legally incompetent person
  • Executor named in a decedent’s Last Will and Testament
  • Trustee named in a trust
  • “Attorney-in-fact” named in power of attorney
  • “Medical decision attorney-in-fact” named in an advanced medical directive (living will)

11.  Failure to Have a Power of Attorney and Have it Updated on a Regular Basis

Unless someone is specifically designated as your power of attorney,  the management of your personal, financial, and business affairs is not transferred automatically to next of kin.  If there is no power of attorney in place or it is invalid or out-of-date, someone will have to petition the court to be appointed as your guardian, which can take weeks, even months.  This can tie up your finances and assets from being properly dispersed or your final wishes carried out.  You should have your power of attorney updated every 2-3 years, even if it is the same designee, especially since most banks, brokerage firms, and insurance companies will not accept a power of attorney that is older than 2-3 years.

12.  Failure to Have an Advanced Medical Directive and Have it Updated on a Regular Basis

Should you become incapacitated or unable to make your own medical decisions, an advanced medical directive is necessary to ensure your medical care wishes are carried out, such as a DNR (Do Not Resuscitate).  This will ensure that all necessary parties clearly understand your wishes and are committed to carrying them out should the time come.  Without an advanced medical directive, your care can be contested between concerned individuals and may be decided by a judge.  As with a power of attorney, your advanced medical directive should be updated regularly, roughly every 2-3 years.

13.  Failure to Properly Plan for the Eventual Income Taxation on the Transfer of IRAs and Other Qualified Assets

While is was legal for beneficiaries to stretch out payments from IRAs and other qualified assets over the course of their lifetime to esapce any income tax liabilities, current law requires that all disbursements be withdrawn within 10 years from the date of death of the account owner.  The IRS rules governing these accounts are some of the most complicated within the tax code so careful planning is needed to ensure that your beneficiaries are able to collect the totality of these accounts with the least amount of tax impact as possible.  Additionally, improper planning of these assets could result in the entire value of these accounts being taxed in one year, creating a large financial problem for your beneficiaries.

14.  Failure to Properly and Legally Name Guardians of the Estate and of the Person for Your Minor Children or Grandchildren

Care of children in the event that both parents are deceased or incapacitated does not automatically revert to next of kin, neighbor, or close family friend.  Even if these parties are willing and able to care for your children, unless they are specifically named in a Kids Protection Plan, minor children can be taken from your home and placed in the care of child protective services, often for days or weeks until the proper parties can petition the court for their care.

If you have any questions, please reach out to Larry Metzler at lmetzler@metzlerlaw.net.  To schedule an appointment with Larry, please visit https://calendly.com/lmetzler-1/60min.  You can view the recordings at the links below:

Part 1 – https://youtu.be/E5wNnXUtHss

Part 2 – https://youtu.be/rFq_vCwXwu0

You can also download copies of the handouts below:

Copy of the Presentation
Estate Planning Questionaire
LIFE Plan 2020
Sequence of Returns White Paper

When Parents Separate or Divorce: Addressing Issues Concerning A Child with Autism Program Recap

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Thank you to Lawrence and Joni Jones for sharing their expertise regarding children with Autism and the impact divorce or separation has onn both the child and the parents.  Divorce or separation can bring up a variety of concerns when a non-Autistic child is involved, but these can be exacerbated when a child with Autism is caught in the middle, regardless of where they fall on the spectrum.

What is Autism?

Autism is a neurodevelopmental disorder of the brain that affects behavior, socialization, social skills, speech, communication, and gross and fine motor skills.  It is a spectrum disorder which means that the symptoms can vary widely, including in their severity.  Therefore, each child will experience the disorder differently and require tailored services or intervention.  While there is no definitive cause or cure for Autism, great strides have been made regarding diagnosis and intervention, giving parents and caregivers more resources and support all for the betterment of the child.

Working Together

The most important aspect regarding divorcing individuals is their amicability and willingness to work together and communicate, especially regarding children.  If parents can peacefully arrive at decisions regarding custody, child support, and more specifically, services for an autistic child, oftentimes agreed upon through mediation, it is oftentimes better for the child since the parents who are most familiar with the needs of the child are at the forefront of the decisions.  If there is too much conflict between the parents, the divorce may go to trial where a judge will determine issues related to custody, child support, parenting time, and possible therapy for the child.

The later situation can be especially impactful for a child with Autism, especially if the judge is responsible for making medical or therapy decisions and does not know the particulars of the child’s condition or is not familiar with Autism.  Also, if one parent is dismissive or refuses to accept the diagnosis, this can lead to the child not receiving the appropriate amount of services or care.

Considerations Regarding Custody

In the eyes of the law, there are two types of custody – residential and legal.  Residential custody refers to where the child resides while legal custody determines who makes all the decisions for the child.  Either of these can be joint with an even split or one parent can have primary custody.  If custody arrangements cannot be agreed upon, separate hearins will be needed to determine these by a judge.  Custody is probably the most difficult part of divorcing while having a child with Autism, especially since residential part may have to revolve around the therapy and other services the child requires.

Routine and structure can be very beneficial for a child with autism and the change caused by divorce, especially related to residential custody, can cause additional hurdles and challenges for the child.  This can cause different demands being placed on the child between school and each parent’s household, creating a lack of consistency that is so important for the development of the child. This can lead to aggression, regression, or slowed improvement in the child’s behavior. However, creating multiple environments through gradual exposure may help the child in the longterm by increasing socialization and exposure.  The ultimate goal is to create an environment for the child where there is as much consistency as possible between the two households.

Other Considerations

There are other considerations related to the separation of parents, especially related to children with autism.  The roles of the parents in the child’s life and routine may change and can be difficult for all parties to adjust to.  For example, one parent may work to provide for all of the expenses while the other serves the role as caregiver, forcing each parent to adjust to new roles and letting go of old ones.  This may require both parties to engage in co-parenting counseling, which many mistake for marriage counseling.  Co-parenting counseling recognizing the marriage is over and focuses on helping parents work through issues to arrive at strategies for working together for the interests of the child.

Child support can be another important consideration for divorced parents of a child with Autism, especially because some services or care may cause additional monetary expenses.  The courts have a chart that is used to determine base child support that takes into consideration each parent’s income.  In the case of a child with special needs, it may be determined that the ordered amount of child support is above the base child support amount, assuming that the parties can afford those services.  However, if the financials of the parents are unable to support the expenditures, the amount of child support may not increase.

If you have any questions regarding child and divorce, or further resources regarding Autism, please contact Lawrence Jones at ljonesesq@aol.com.  You can view a recording of the program at https://youtu.be/iI7SXb2NliQ.  You can download a copy of the handout at https://www.njstatelib.org/wp-content/uploads/2021/04/Autism-and-Divorce-Handout.pdf.  

Diabetes: Medication, Nutrition, and Activity Program Recap

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Thank you to Laura Moran and Mindy Komosinsky from Capital Health for diving deeper into different aspects surrounding diabetes.  Dibetes affects millions of Americans each year, whether it is Type 1, Type 2, Pre-Diabetes, or Gestational Diabetes.  In many cases, diabetes can be managed throught medication, diet, and physical activity; it can even be reversed.  So let’s dive in and find out more!

What is Diabetes?

Diabetes is a disease related to how our bodies produce insulin, use insulin, and regulate blood sugar (glucoose) levels.  When we eat carbohydrates, which are found in a wide variety of foods, our stomach breaks them down into a sugar called glucose.  Glucose is an important fuel source for our body, but cannot be used by our cells without the help of insulin.  Insulin is produced by the pancreas and acts as a “key” that allows glucose to enter our cells.  If we cannot produce enough insulin or our body cannot effectively use insulin, this can result in elevated levels of glucose in our blood, which can lead to obesity, high blood pressure, stroke, cardiac issues, and even death.

There are two main types of diabetes – Type 1 and Type 2, also know as Insulin Deficient and Insulin Resistant respectively.  In Type 1 (formerly called Juvenielle Diabetes), the pancreas does not produce enough insulin and insulin injections are needed for the rest of a person’s life.  In Type 2 diabetes, the pancreas produces enough insulin, but the body does not effectively use it to remove glucose from the blood stream, which over time, can cause significant health problems.  Excess glucose is stored in the liver and muscles or converted into fat.  Each type of diabetes has its own treatment plan so please consult your physician.

Medication – Type 1 Diabetes

As mentioned before, individuals with Type 1 diabetes will need to receive insulin injections every day for the rest of their life.  There are two types of insulin injections:

  • Basal or Background
    • Long-acting insulin that provides low levels of insulin throughout the day
    • Injected once per day, sometimes twice
    • Names include Lantus, Basaglar, Levemir, Tresiba, Toujeo, NPH
  • Bolus
    • Rapid-acting insulin to provide faster and stronger coverage at mealtimes
    • Last about 4 hours
    • Names include Apidra, Admelog, Humalog, Novolog

Insulin can only be delivered through injections, but there are two options – vial and syringe or insulin pen.  When using a vial and syringe, it is important to use a new syringe for each injection.  Once you draw the insulin up from the vial, make sure to remove any air bubbles.  Use a 2 finger pinch to ensure you are injecting into fat tissue and inject at a 90 degree angle.  If you are using an insulin pen, make sure to use a new needle for each injection and perform a 2 unit test before injecting.  You do not need to pinch your skin and the injection should be at a 90 degree angle.

Injections must occur in fatty areas of the body, which include the abdomin away from the belly button, front and outer thighs, or back of the arm.  You should practice site rotation with your injections as injecting in the same spot can lead to liphypotrophy, or a hardening of the fatty tissue.  This can cause the insulin to be absorbed less effectively and may result in unnecessary dosage increases.

Unopened insulin must be refridgerated as soon as possible and will last until the manufacturer’s expiration date.  Once insulin is opened or used, it must stay at room temperature; this does not include keeping it in your pocket.  Opened/used insulin will expire faster, depending on the type and delivery device so be sure to check the manufacturer’s instructions.

Medication – Type 2, Pre-Diabetes, Gestational Diabetes

Unlike those suffering from Type 1 diabetes, individuals with Type 2 and other forms of diabetes generally produce enough insulin, but need help in either using it more effectively or removing excess glucose from the body.  Oftentimes, these conditions can be treated through the use of oral medications:

  • Metformin
    • Most common medicatoin
    • Prevents the body from making too much glucose and prevents some of the glucose from being absorbed
    • Must be taken with food and increase dose slowly
    • Names include Metformin, Glucophage, Glumetza, Fortamet
  • Solfonylureas
    • Increase the amount of insulin body will make
    • Important to take at consisent times and eat consistent meals throughout the day to reduce risk of hypoglycemia (love blood glucose level)
      • If taking twice daily, spread out doses such as breakfast and dinner
    • Names include Glimepiride(Amaryl), Glipizide (Glucotrol), Glyburide (Glynase/Micronase)
  • Meglitinides
    • Increases the releae of insulin from the pancreas
    • Specifically designed with a shorter duration to be used for mealtime coverage
    • Take up to 15 minutes before your meal and skip if not eating a meal
      • meals should be spaced 4-5 hours apart throughout the day
    • Names include Prandin (Repaglinide), Starlix (Nateglinide)
  • DPP-4i
    • Allows the insulin you have and make to work longer in the body
    • Reduces hormones that help the body make more sugar
    • Slows emptying of food and inreases feelings of fullness
    • Once per day and can take with or without food
    • Names include Januvia (Sitagliptin), Tradjenta (Inagliptin), Onglyza (Saxagliptin), Nesina (Alogliptin)
  • GLP1a
    • Injectible version of DPP-4is
    • May cause abdominal pain, bloating, nausea, vomiting, or diarrhea
    • Start at a low dose and slowly increase to desired dose
    • Names include Bydureon, Victoza, Trulicity, Oempic, Adlyxin, Rybelsus (oral)
  • SGLT2i
    • Works with the kiden to help the body excrete more glucose through urination
    • Works similarily to water pill so take first thing in the morning
    • Urination tends to be more severe after a high carbohydrate meal
    • May lead to UTI, gential infection, renal impairment, or hypoglcemia
      • discontinue if you experience chronic wounds
    • Names include Invokana, Farxiga, Jardiance, Steglatro
  • Thiazolidinediones (TZD)
    • Less common
    • Improves body’s response to insulin already produced
    • Takes about 8-12 weeks to reach a therapeutic level
    • Names include Actos (Pioglitazone), Avandia (Rosiglitazone)
  • Alpha Glucosidase Inhibitors
    • Delays/prevents absorption of CHO and glucose from GI tract
      • Can cause severe flatulence
    • Take with first bite of food and skip if not eating a meal
    • Names include Precose (Acarbose), Glyset (Miglitol)

Nutrition

Maintaining a healthy diet can be an effective way to reverse Type 2 or Pre-diabetes and help combat health complications from diabetes, including obesity, high blood pressure, and cardiac issues.  Additionally, many of the recommendations shared by Mindy can be applied to everyone to maintain a healthly lifestyle.

Ironically, how much you eat can be just as important, if not more important,than what you eat.  Many of us were told as children to eat everything on our plate, but that is not always the best choice.  We often tend to eat more than we should because we don’t feel full even though we actually are.  It takes about 20 minutes for our stomach to tell our brain that we are full, giving us amble time to overeat.  To help prevent this, we can drink a glass of water before our meal, put the fork down until we finish chewing, or eat a salad during or before a meal.  It is also a good idea to use a smaller plate (6-8 inches) so that our mind thinks that we are getting a large enough portion.

We can also try using the Plate Method to ensure that we are eating the right types and amounts of food.  With the plate method, half the plate should be non-starch vegetables while the other half should be split between lean protein and starches.

When it comes to what types of food to eat, we should look to eat a wide variety of foods, including more plant-based foods.  Focus on green, leafy vegetables to get more vitamins, minerals, and fiber.  We should also try to eat more lean protein, such as fish, turkey, or skinless chicken, which will help us feel full for longer.  Whole grains such as oats, quinoa, and whole grain pasta are less processed and tend to not raise blood glucose levels as high.  Beans and lentils are another great, healthy source of protein that can be added to a variety of dishes, including soups, chili, and salads.

In additon to what and how much we eat, we should also focus on when we eat.  Breakfast is the most important meal of the day, giving us fuel to start our day and start our metabolism, which can lead to maintaining a healthly weight.  We should also try to eat a meal every 4-5 hours and if needed, snack lightly.  If you are monitoring your blood glucose levels, it is recommended to test before a meal and then 2 hours after a meal to help determine how the foods and portions you are eating at different times affect your blood glucose levels, giving you more information to help you manage your diabetes.

Physical Activity

Physical activity has a plethora of health benefits, especially in relation to diabetes, helping stave off conditions such as obesity, high blood pressure, high cholesterol, and psychological stress.  Additionally, being phsycially active can improve your blood glucose control, strengthen your heart, and improve your immune function.

We should strive to achieve 150 minutes of physical activity a week, which sounds daunting.  However, if you divide it by 5 days, thats only 30 minutes per day, which you can divide further into 2 or 3 quick sessions each day.  However, we can much more easily start out at a more realistic goal of 10 minutes a day.  Once we start getting into good habits regarding phsyical activity, we are more likely to keep up with those activities and even start new ones.

One easy and popular way to boost our physical activity is trying to increase our steps per day, using a pedometer or FitBit.  10,000 steps roughly equals 5 miles, and while that may seem intimidating, there are many simple ways to increae our steps.  We can park further from an entrance, use the stairs instead of an elevator, take a lap around the building before using the bathroom or using an upstairs bathroom, march in place while watching TV or cooking, going for a walk after lunch or dinner, or walk around while on the phone.

More Information

For more information on any of these topics or diabetes in general, please reach out to Laura Moran, lmoran@capitalhealth.org, or Mindy Komosinsky, mkomosinsky@capitalhealth.org.  You can also view other Capital Health diabetes educational opportunities at https://www.capitalhealth.org/medical-services/diabetes-education.  To view a recorded version of the webinar, please visit https://youtu.be/PVDFMX3Mq7E.  You can also download a copy of Mindy’s Meal Planning Tips at https://www.njstatelib.org/wp-content/uploads/2020/11/Meal-Planning-Tips.pdf.

Why Garden Off the Ground? Program Recap

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Thank you to Patricia Donahue from the Rutgers Master Gardeners of Monmouth County for her presentation on gardening off the ground.  For many of us, gardening in smaller, self-contained areas is more conducive for our lives and can be just as fruitful and rewarding.  Raised gardening has its own set of challenges and considerations, but can have many advantages that will save you time and effort.

Raised Bed Basics

Raised beds offer many advantages over ground or plot gardening, especially if your soil is rocky or your yard has poor drainage.  These advantages include:

  • Ability to garden anywhere
  • Find the right place for the right plants
  • Less labor intensive
  • Better soil quality and easier weed control
  • Easier access, especially for watering
  • Grow more in less space

When deciding where to place your raised beds, and other types of off-the-ground gardens, it is important to consider the following things:

  • Amount of sun – try to locate your garden/containers where there is full sun, unless you are specifically focused on full/part shade plants.  It is recommended that your garden have a North-South orientation and have at least 6 hours of full sun; 8 hours for vegetables.
  • Access to water – make sure your location is close to a water source so it does not become a burden
  • Animals – what types of animals may try to get into your garden
  • Level site – try to ensure your garden is on a level area

Creating Your Raised Bed

There are many ways to create a raised bed, from wood (rot resistant or untreated), cinder blocks, bricks, stone, or steel/aluminum.  Depending on the size of your garden, the cost of materials may have a greater impact on your decision.  You want your raised bed to be at least 6 inches deep, with 10-14 inches being preferable so that you do not need to water as often.  Each bed should be no more than 4 feet wide so that you can easily access all parts of the bed for water, weeding, and other care.  In the same light, you should leave ample space between beds, especially if mobility issues are a concern.

Once you have your bed build, the next important step is to prepare the bed and soil.  To get a better understanding of your soil, you should test your existing soul for nutrient levels and pH.  It is strongly recommended to not exclusively use existing soil to fill in the beds or brand-name commercial mixes.  Instead, create your own mix by using 60% existing soil, 30% compost, and 10% potting soil (peat moss, perlite, vermiculite).  If you want to conserve moisture, you can use trickle irrigation.  Additionally, you can use mulch or bark chips on the surface to reduce water loss.

Straw Bale Beds

Straw bales (DO NOT USE HAY!) can be a great way to create raised beds with additional advantages over traditional raised beds.  Straw tends to warm earlier than the ground so it can extend your growing season.  Because the straw acts as the soil, you do not have to worry about soil borne diseases and you can plant in the sides of the bales.  They also hold water very well, are easier to weed, light weight, and overall less labor intensive.  Straw bales, however, also come with some important disadvantages to consider:

  • Dry out quickly and need to water more often
  • Need to add fertilizers and other conditioners, such as compost
  • Need new bales every 1-2 years
  • Cannot plant perennials
  • Disposal of old bales

If you want to create a straw bale bed, you should do it over a hard surface such as concrete to prevent unwanted weeds/plants from growing up through the bottom.  If you have to place them on your grass or yard, place the bales on top of weed paper, newspaper, cardboard, or other durable coverings.  Be sure to leave the bales tied and if you are planting on a slope, make sure the bails follow the slope up and down.  Before planting anything in the bales, they should be conditioned with water and liquid fertilizer with a 2 week waiting period before planting.  While many vegetables and plants can successfully grow in straw bales, you should avoid top heavy plants like corn and running or vining plants that spread by offshoots.

Container Gardening

For some of us, we only have space for containers, which can offer many advantages, including:

  • No digging or tilling
  • Weed free and inexpensive to start up
  • Container location
  • Plant protection and season extension

Just like with any garden or planting, the most important thing to make sure you pick an optimal location.  Make sure the area is well-lit and near a source of water because they will need to be watered every day.  Make sure they are on a level space, but be aware that draining water can stain concrete and wooded decks, so you may wish to use trays.

There are a wide variety of containers from light-weight plastic to heavy wood, clay, ceramic, and metal.  Depending on what you wish to grow, you will need a different container for each plant.  For example, peppers need a minimum of a 2 gallon container while radishes only need 1 pint.  When filling your container DO NOT USE garden soil as it is heavy, brings in weeds and soil disease, and does not drain well.  Instead, use commercial soil-less mixes because they are lightweight, drain well, and hold water and nutrients.

To view a recording of this webinar, please visit https://youtu.be/bf-aquwyeOc.  If you have any questions, please reach out to the Rutgers Master Gardeners of Monmouth County at Catherine.VanBenschoten@co.monmouth.nj.us.

New Jersey Makers Day 2021

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The New Jersey State Library is thrilled to virtually participate in this year’s New Jersey Makers Day.  While we do miss having everyone come to the library and experience a variety of fun-filled and simple activities that can be easily replicated at home, we still wanted to celebrate New Jersey Makers Day by providing activities that you and the whole family can do on a budget.  Below, you will find instructions/directions for each activity as well as an embedded video that is available on our YouTube page.  If you have any questions, please feel free to reach out to me at adauphinee@njstatelib.org.  We hope you enjoy our videos and look forward to having everyone back next year for more fun with all things making!

 


Granny Square Crochet

Granny Square Instructions and Diagram Handout

Materials:

  • Yarn – Worsted/Medium weight, acrylic yarn is a good choice for crochet beginners, as it is usually cheap and easy to work with
  • Crochet Hook – Consult your yarn’s label for recommended hook size
  • Yarn Needle
  • Scissors

Abbreviations (US):

  • ch – chain
  • sl st – slip stitch
  • dc – double crochet

Directions:

  1. Create a slip knot
  2. Make Foundation Circle – ch 6, join with sl st in 1st ch to form circle
  3. Make Round 1: ch 3, 2 dc in circle, *ch 3, 3 dc in circle, repeat from* 2 more times, ch 3, sl st in 3rd ch of initial ch 3 to join row.
  4. Make Round 2: ch 3, 2dc into corner space to the right of sl st, *ch 1, 3 dc in next corner space, ch 3, 3 dc in same corner space, repeat from * 2 more times, ch 1, 3dc in next corner space, ch 3, sl st in 3rd ch of initial ch 3 to join row.
  5. Make Round 3: ch 3, 2dc in corner space to the right of sl st, *ch 1, 3 dc in next side space, ch 1, 3 dc in next corner space, ch 3, 3 dc in same corner space, repeat from * 2 more times, ch 1, 3 dc in next side space, ch 1, 3 dc in next corner space, ch 3, sl st in 3rd ch of initial ch 3 to join row.
  6. Round 4+: You can continue adding more rows to make your square as large as you want by using these general rules:
    • Start each row as you began rows 2 and 3 (ch3, 2 dc in corner space to the right of sl st).
    • Work along each side making 3 dc in each side space and working 1 ch over each 3 dc cluster.
    • Work 3dc, ch 3, 3dc into each corner space.
    • End the round by sl st into the 3rd chain of your initial ch 3.

Magnet Marbles

Magnet Marbles Handout

This project was taken from http://www.notmartha.org/tomake/marblemagnets/.

Materials:

  • Mesh bag of ¾ inch clear flat glass marbles (in florist section of Michael’s or in
    mosaics section)
  • Mesh bag of ½ inch clear flat glass marbles – you might want to clean them off
    before using and avoid any that look scratched.
  • ¾ inch round strong magnets (comes in 10 pieces per package)
  • ½ inch round strong magnets (comes in 10 pieces per package)
  • Glue – I used Aleene’s Jewel-It embellishing glue. You can also use other types of glue like a silicon sealer made by Crazy glue.
  • Scissors to cut out pictures
  • Toothpicks to spread glue with.
  • Piece of paper to squeeze glue onto. It’s less messy than squeezing it out of the bottle directly on the magnet.
  • Tiny pictures cut out of old magazines, or return address labels you get in the mail, or anything that has the sized picture you want. You can even draw the pictures yourself.
  • These look good in Altoid-sized tins to give away. Otherwise, just stick them on your refrigerator or school locker, etc.

Instructions:

  1. Place the magnet on the picture you want to use and trace around it with a pencil.
  2. Cut the picture out, cutting it just slightly smaller than the magnet so the picture doesn’t stick out (although it probably won’t show on they’re stick on the refrigerator or in a school locker, etc.)
  3. Use toothpick to spread a thin amount of glue on the magnet, and place picture on top of it and press down for a few seconds to let it adhere to the magnet.
  4. With the toothpick, dab a little bit of glue in the middle of the picture.
  5. Press the clear flat marble on top of it and hold it there a minute. The glue will spread out so you don’t need to add a lot. It should dry pretty quickly.

3 Ingredient Cookies

Taken from https://acleanbake.com/3-ingredient-detox-cookies/

Ingredients:

  • 3 ripe bananas, about 1 1/2 cups puree, mashed or pureed until smooth
  • 1/2 cup natural creamy peanut butter. Substitute almond butter for paleo or Whole30 compliance., unsweetened
  • 1/2 cup good quality cocoa powder
  • Handful coarse sea salt, for garnish

Instructions:

  1. Preheat the oven to 350F.
  2. In a large mixing bowl, use a fork to thoroughly combine the first three ingredients until it reaches a smooth and uniform consistency.
  3. Scoop heaping tablespoons of dough onto a greased or lined cookie sheet, about 1 inch apart.
  4. Sprinkle the tops of the cookies with a pinch of sea salt.
  5. Bake for 8-15 minutes (see note) until cookies lose their sheen.
  6. Allow to cool and set on the cookie sheets for 3-5 minutes before transferring to a wire rack to cool completely.

Troubleshooting Tips:

  • If your cookies are too lumpy, try running the dough in the food processor for 30-60 seconds.
  • The moisture content of the dough may vary (for example if your large banana is bigger than they ones I used). If the batter is too thin and watery, you can try two things: add more cocoa to absorb the moisture, and/or bake for longer.
  • Make sure you thoroughly stir your peanut butter. If it is too oily (such as from the top of a new jar), that might be another reason why your batter could be too runny.
  • On the other hand, if your PB is the right consistency, it can be tough to stir into the batter. Try microwaving it for 15-20 seconds until it’s smooth and easier to work with.
  • Depending on the moisture content of your bananas, your baking time could vary from 8 minutes to 15 minutes.
  • If your dough is more like a thick batter, just plop the portions of dough on the cookie sheet and they will spread out by themselves. No need to flatten with a fork.
  • If you don’t want to garnish your cookies with salt, add a pinch to the batter.

Pinecone Bird Feeder

Materials:

  • Natural pinecones – avoid ones from wreaths or other pre-made decorations or crafts as these may be treated with scents or other chemicals
  • Bird seed
  • Yarn or string
  • Peanut butter – avoid brands with added sugar
  • Spoon
  • Containers

Instructions:

  1. Tie the yarn or string around the base of the pinecone to make large loop.
  2. Spread peanut butter all over the pinecone using a spoon.  It recommended to hold the pinecone upside down and start at the base of the pinecone, working down toward the tip.
  3. Roll the pinecone in a container of bird seed or sprinkle bird seed over the whole pinecone until it is covered.
  4. Hang it up outside and watch the birds and animals!