LEGALLY SPEAKING
by Amanda Roggenbuck

Well, spring is almost here and with the change in weather there always seems to be a change in the amount of criminal activity that occurs. Many times we get calls from clients about being defrauded. There are some simple tips that we give our clients to avoid getting ripped off. Some you have no doubt heard before, others may come as a bit of surprise to you but hopefully reading them here will save you hassles and headaches down the road.

1. Never ever give your credit information over the phone.
   
   
2. Be cautious about agreeing to those free trial offers especially when they need a credit card or bank account number to secure the FREE offer.
   
   
3. Always check credit and debit card receipts to make sure only the last four digits appear, cross out any other digits that appear.
   
   
4. Get your credit report every year. As a resident of the State of Michigan you are entitled to a free annual credit report.
   
   
5. Any offers that you would like to take advantage of, make sure you get the terms of the offer in writing. If the company is reputable they will have no problem putting their offer in writing.
   
   
6. Save receipts and check stubs to prove a payment was made. There is a growing trend it seems by companies to lose your payment and then demand another payment plus penalty, only to then find the original payment. In many cases unless you demand a return of the overpayment the company may keep it.

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Recently there has been an upswing in clients that I have encountered who have had difficulty collecting life insurance when a spouse passes on. A good point to remember is that any time you update your estate plan, or create an estate plan, is the perfect time to confirm and update things like life insurance beneficiaries, stock portfolios, retirement account information, etc. I advise each of my clients to contact their providers and get a written, signed and dated letter from the provider, indicating the beneficiary and the owner along with any pertinent changes to the policy.

Further, I encourage my clients to keep these very important papers with their estate planning and other vital documents.

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It is important that your essential papers, such as your Durable Power of Attorney, Medical Power of Attorney, and Will or Trust, along with any other important papers are kept in a central location. It is equally important that this location is accessible to someone that can assist you in your time of need, or to someone that can reach these papers upon your passing. I once had a client whose father would not let anyone access his safety deposit box, yet he kept his Medical Power of Attorney in the safety deposit box. Once my client's father became hospitalized no one could access his wishes; it is important to guard your private information but remember these documents are there to assist you and must be accessible to do so.

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Clients often ask me where they should keep there Medical Power of Attorney, the document that allows someone to assist in making decisions about your medical treatment based on your own wishes, when you are not able to make those decisions for yourself due to incapacitation.

The areas I advise my clients to keep a copy include the following: 1) The original with all other original estate planning documents; 2) a copy with your family doctor; 3) a copy with any specialist; 4) a copy to any hospital prior to a surgical or invasive test procedure; 5) a copy to your patient advocate (the party or parties enforcing your decisions); and, 6) a copy in the glove compartment of any vehicle you own and travel in frequently.

I look forward to your future questions and comments.

Amanda Roggenbuck can be reached at her Cass City office at 989-872-8881, with office hours Monday through Thursday, 9 a.m. to 5 p.m. She also has office hours by appointment in Deckerville in the former Sanilac County Bank Building. Amanda would be happy to answer your questions in this column, and will address them as space allows. Please send your questions to editor@lakeshore guardian.com or by mail to The Lakeshore Guardian, 9697 Purdy Road, Harbor Beach, MI 48441.