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July Roundup: Boom in Death Planning & More

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July roundup

At the end of each month, we take a moment to survey interesting developments in elder law. Did you know there’s a boom in death planning? So says the New York Times. For the July roundup, we take a look at the “Boom” resources mentioned, then quickly round up a few other useful articles that surfaced during the past few weeks:

The Death-Planning Boom

The Times declared that the Covid-19 pandemic has created a “Boom time for Death Planning” and featured a handful of websites that purport to help people plan for the end. The article focused on the business of virtual death planning but didn’t give many details about what users might find if they explore the sites. So we took a look, and here’s what we found:

Cake.

The site offers easy-to-digest “help” with end-of-life issues such as medical treatment and funeral planning. There’s a blog with posts ranging from “Encouraging words for your husband when he’s feeling down” to “What a headstone really costs.” For many features,  an account is required. Question by question, the site walks through various topics. Some questions are dangerously misleading. For “Do you have a will and/or trust?,” you can answer no and add a “Note.” As a note example, the site suggests: “No, I need to set that up. I’d like my wife to get everything I own if I die.” That could suggest expressing that wish is enough. It’s not! The site makes money from promoting “affiliate partners” including life insurance companies. The same companies curiously show up in articles. There’s no “legal advice,” but the site encourages creating documents expressing wishes that people expect to be followed yet are probably aren’t enforceable. Why “Cake”? The FAQ explains: “It’s a warm, inviting symbol of celebrating and honoring life.”

Lantern.

Offers “a simple, trustworthy, and comprehensive place” for grieving people to turn. For now, it is indeed simple, but not yet very comprehensive. Trustworthy? Who knows? You are offered a “free” checklist in exchange for creating an account with an e-mail address. The checklist includes pre-planning, funeral planning, obituary writing, closing digital accounts, benefits eligibility, and grief and bereavement. Beyond that, there’s a slew of articles about different topics that fall within their goal of providing help with “how to navigate your life before and after a death.”

New Narrative.

The site touts “Event management and consulting tailored for the modern memorial.” And continues: “We’re not your grandma’s funeral (. . . unless it’s your Grandma’s Funeral.” The site helps facilitate virtual memorials, providing advice and even running the entire show with a “full virtual event plan,” if needed, starting at $1,249. When Covid is over, they plan to assist with in-person events, too.

Near.

The site says it’s “a place to connect individuals and families with those offering services and support at the end of life.” Providers can sign up for $49 for three months or $349 lifetime to get marketing via custom listing, a home page, and booking and online payment system. Users can seek various services to help cope with grief such as art therapy, death doulas, memorial event planners, etc. You can comb through listings to find a provider or sign up in order to search. Sifting through listings, we found just one provider listed in Tucson offering five services (companion animal advance care planning, companion animal home funeral, legacy work, grief support, and death doula services). There’s an estate planning category but only one provider, in Atlanta. Maybe it will take off, but for now, useful mostly to discover creative career choices and services.

Going With Grace.

The effort aims to provide support for those dealing with death and training for helping them. The site says, “We are guides to navigating the emotional, practical, legal, and, spiritual issues while contemplating or nearing the end of life.” To that end, you can book a 2-3 hour consultation to create a 30-page end of life planning document (legally enforceable? probably not); hire a death doula; get “financial planning,” of a sort that is entirely unclear; get “completion services,” such as obit writing and grief counseling referrals. You can purchase a workbook for wrapping up a loved one’s affairs ($44) or exploring end-of-life planning ($47). There’s also training for becoming a death doula or end-of-life planner. The blog features videos from founder Alua Arthur, with the listed credentials of “death doula, attorney, adjunct professor and ordained minister.”

End Well.

The nonprofit has the website, Twitter, Facebook, Instagram, and LinkedIn. The site features video from a 2019 symposium on various topics associated with its mission to promote the idea that “all people should experience the end of life in a way that matches their values and goals.” It aims to “bring together a multidisciplinary community that unites design, technology, health, policy and activist initiative to create a cultural shift to transform our thinking around the end of life.” There’s also “End Well Live,” a weekly virtual conversation with guests who support those facing serious illness or caring for them.

We’re all for any effort to get people thinking about planning. For these and others (a simple Google search turns up a lot more), explore them to help decide what you want to happen at the end of life. Then, when it comes to trying to expressing those wishes in a legally enforceable way, it’s still best to seek legal advice specific to your jurisdiction.

A Few More Bits for the July Roundup . . .

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Robert B. Fleming

Attorney

Robert Fleming is a Fellow of both the American College of Trust and Estate Counsel and the National Academy of Elder Law Attorneys. He has been certified as a Specialist in Estate and Trust Law by the State Bar of Arizona‘s Board of Legal Specialization, and he is also a Certified Elder Law Attorney by the National Elder Law Foundation. Robert has a long history of involvement in local, state and national organizations. He is most proud of his instrumental involvement in the Special Needs Alliance, the premier national organization for lawyers dealing with special needs trusts and planning.

Robert has two adult children, two young grandchildren and a wife of over fifty years. He is devoted to all of them. He is also very fond of Rosalind Franklin (his office companion corgi), and his homebound cat Muninn. He just likes people, their pets and their stories.

Elizabeth N.R. Friman

Attorney

Elizabeth Noble Rollings Friman is a principal and licensed fiduciary at Fleming & Curti, PLC. Elizabeth enjoys estate planning and helping families navigate trust and probate administrations. She is passionate about the fiduciary work that she performs as a trustee, personal representative, guardian, and conservator. Elizabeth works with CPAs, financial professionals, case managers, and medical providers to tailor solutions to complex family challenges. Elizabeth is often called upon to serve as a neutral party so that families can avoid protracted legal conflict. Elizabeth relies on the expertise of her team at Fleming & Curti, and as the Firm approaches its third decade, she is proud of the culture of care and consideration that the Firm embodies. Finding workable solutions to sensitive and complex family challenges is something that Elizabeth and the Fleming & Curti team do well.

Amy F. Matheson

Attorney

Amy Farrell Matheson has worked as an attorney at Fleming & Curti since 2006. A member of the Southern Arizona Estate Planning Council, she is primarily responsible for estate planning and probate matters.

Amy graduated from Wellesley College with a double major in political science and English. She is an honors graduate of Suffolk University Law School and has been admitted to practice in Arizona, Massachusetts, New York, and the District of Columbia.

Prior to joining Fleming & Curti, Amy worked for American Public Television in Boston, and with the international trade group at White & Case, LLP, in Washington, D.C.

Amy’s husband, Tom, is an astronomer at NOIRLab and the Head of Time Domain Services, whose main project is ANTARES. Sadly, this does not involve actual time travel. Amy’s twin daughters are high school students; Finn, her Irish Red and White Setter, remains a puppy at heart.

Famous people's wills

Matthew M. Mansour

Attorney

Matthew is a law clerk who recently earned his law degree from the University of Arizona James E. Rogers College of Law. His undergraduate degree is in psychology from the University of California, Santa Barbara. Matthew has had a passion for advocacy in the Tucson community since his time as a law student representative in the Workers’ Rights Clinic. He also has worked in both the Pima County Attorney’s Office and the Pima County Public Defender’s Office. He enjoys playing basketball, caring for his cat, and listening to audiobooks narrated by the authors.