OCR Text |
Show The Garfield County Insider POVERTY: A $930,000 STATE OF MIND? THE ELDERLAW FORUM – Professor Michael Myers Poverty is a state of mind; particularly when "The most he ever made was $8.25 an hour," said a senior legal helpline caller whose husband is residing in a nursing home costing $6,200 a month. "We always considered ourselves to be poor," she said. "We lived frugally; paid cash for everything and each month put something into savings." Now in their mid-80s they have investments totaling $930,000, built in part from a $16,000 inheritance and those 18 to 20 percent interest yields of the Carter years. "We don't want everything to go to the nursing home. Is there anything we can do to make sure some of our hard work and money benefits our two daughters and three grandchildren?" she asked. There is. The law permits generosity, charity, and the conveyance of assets to loved ones, as long as the transfer of wealth occurs more than five years prior to seeking government assistance in the form of Medicaid. In this case, the couple could set aside some $375,000— the projected cost for another five years of nursing home care—and gift the balance to their daughters and grandchildren, either through an irrevocable trust or outright transfer. Upon his eligibility for Medicaid she would be allowed to retain between $21,912 and $109,560, plus their house, in assets (called the "protected resource amount"), plus a monthly needs allowance up to $2,739 per month. Also, the law permits a loving couple to obtain a "Medicaid Divorce." They may reach a one-sided, mutuallyagreed-upon divorce settlement; a settlement that would be unthinkable in the absence of a nursing home dimension. "Do you mean," she asked, "that our divorce decree could be such as to leave him so poor that he would be eligible for Medicaid?" The answer is yes, subject to a potential challenge by the state. Thus far such challenges have been unsuccessful in the absence of a record of outright fraudulent intent. "But would it be ethical?" she asked. This is an "elderlaw" helpline, not an "ethics" helpline, I noted. She is not prepared to act upon either alternative. "Honestly," she said, "I don't believe he will live another five years. And I don't believe I will either." If she is correct, Medicaid's five-year lookback rule will be irrelevant. "We have lived a good life," she said. They weren't poor after all. (Pro bono legal information and advice is available to persons 55 and older through the USD Senior Legal Helpline, 1-800-747-1895; mmyers@usd. edu. Opinions are those of the author and not the University of South Dakota). CAA*. I AP drill° Errol - 435-275-8628 - embutah@gmail.com SOME FAVORITE QUOTES: I am always doing that which I cannot do, in order that I may learn how to do it (Pablo Picaso) Ignorance never settles a question (Benjamin Disraeli) Only two things are infinite...the Universe & Human Stupidity...and I'm not sure about the former (Albert Einstein) Be sure you put your feet in the right place...then stand firm (Abraham Lincoln) The problems of Victory are more agreeable that those of Defeat...but no less difficult. (Winston Churchill) Life is full of Chances & Changes...and the most prosperous of men may...meet with great misfortunes (Aristotle) If you Judge people...you have no time to Love them. (Mother Teresa) One always begins to forgive a place as soon as it's left behind (Charles Dickens) Quality is not an act...it is a Habit! (Aristotle) (MY favorite...) Imagination is more important that knowledge. (Albert Einstein) Man's mind stretched to a new idea never goes back to its original dimensions. (Oliver Wendell Homes) Propriety of manners & consideration for others are the two main characteristics of a gentleman. (Benjamin Disraeli) I can live for two months on a good compliment! (Mark Twain) To think is easy. To act is difficult. To act as one thinks is the most difficult of all! (Johann von Goethe) The most important ingredient in the formula of success is knowing how to get along with people. (Theodore Roosevelt) A man who dares to waste one hour of life...has not discovered the value of life. (Charles Darwin) OBITUARIES NEUCILE T. YARDLEY STEELE F. HENRIE Neucile Tebbs Dodds Yardley, 75, of Panguitch, Utah, our beloved mother, grandmother, and greatgrandmother, a child of God, returned to her Father in Heaven on June 19, 2010. She was born March 25, 1935 to D. Ray and Verda LeFevre Tebbs. Neucile was reared and educated in Panguitch where she graduated from Panguitch High School. In 1952, she married Billy J. Dodds. She attended Dixie State College while Billy served in Korea. Together they had five children. They later divorced. She then married Don Greene and lived in Ephraim, Utah. They later divorced. In 1986, she married James F. Yardley of Panguitch in the St. George LDS Temple. Her family and the gospel of Jesus Christ are what meant the most to Mom. She had a vibrant testimony of the gospel. Until recently, she made a special quilt and attended the baptism of every grandchild. She spoke about the Holy Ghost at each service and wrapped the quilt around the shoulders of the grandchild child who was being baptized. Mom also had a beautiful singing voice. Mom was an artist who could see things that most people overlooked. She saw the colors of the mountains, the brightness of the moon, the first star in the evening, and the flowers by the roadside. She wanted to share the beauty she saw with others. She captured images and memories in her paintings. She also created art from rocks, clay, and dried flowers. Whenever grandchildren were around, she encouraged them to create something beautiful. Mom had a way of transforming plain, imperfect things into beauty. She did that with people, too. Mom stressed the importance of family. She had a way of making everyone feel welcome. No one was an outsider to Mom. She created a warm and loving family. Mom loved her heritage, her parents, and her brothers and sisters. She was her father's daughter, like him in many ways, especially in the advice that she often gave us. Mom loved people. She loved to travel, and she found ways to make connections with people in far-off places, as well as at home. As a volunteer at the Mormon Miracle Pageant in Manti, she would walk up and down the aisles of people and always find someone she knew or someone she was related to. She also made friends with our friends. We would often find pictures of our friends hanging on the "family picture wall." She wrote letters to them and kept in contact with them, sometimes longer than we did. They loved her. She was kind and accepting of everyone and saw the beauty in each person. She also saw their needs and helped quietly. She loved to serve people. Mom taught 4-H and scouts for years, and she served in many leadership positions in the church, in the DUP, and in the American Legion Auxiliary organizations. She helped with the annual Quilt Walk festival in Panguitch, and her Quilt Walk painting commemorates the event. Mom did not need a spotlight. One of her favorite memories was of cleaning the Manti Temple when it was renovated. Mom always claimed that all she ever wanted to be was a grandma. She was a good grandma. She would often sing and dance with the grandchildren, including the older ones. She remembered birthdays, anniversaries, and special occasions with cards and telephone calls. Mom built a cabin at the ranch in Panguitch as a place where the family could be together. That's what she wanted the most: her family and loved ones together. We like to think she has gone ahead to prepare another gathering place for us. Thank you, Mom. We miss you. God be with you until we meet again. She is survived by her children: Debra Moore of Hurricane, Julie (Kenneth) Combs of St. George, Janeal (Bruce) Carter of Bloomington, Susan (Shawn) Lindsay of LaVerkin, and Craig (Brenda) Dodds of Texas; step-sons John F. Yardley (Pam) of Panguitch (serving an LDS mission in Idaho), Jimmie Vee Yardley (Claudia) of Centerville; 12 grandchildren, 2 great-grandchildren (2 on the way), numerous step-grandchildren and step-great-grandchildren. She is preceded in death by her husband, James F. Yardley; her parents; one sister, Marilyn K. Tebbs; son-in-law, Donald Benson Moore; granddaughter, Heather Neucile Lindsay. Funeral services will be held Saturday, June 26, 2010 at 1:00 p.m. in the Panguitch Stake Center (550 South 100 West) where friends may call Saturday morning from 11:00 a.m. to 12:30 p.m. Burial will be in the Panguitch Cemetery. Funeral Directors, Neal S. Magelby & Sons Mortuary, Richfield, Salina and Manti. Online guestbook www.maglebymortuary.com Steele Francis Henrie, 88, passed away June 9, 2010 at his home in Panguitch. Hewas born November 29, 1921 in Sutherland, Utah, to Edgar A and Francis Fern Steele Henrie. He married Ireta Slater, May 15, 1946 in the Salt Lake Temple. She preceded him in death March 31, 2002. He was a dedicated family man who loved spending time with his family. Farming was an important part of his life, he also worked at Kiabab Industries for over 30. He worked hard, and when he had time he played hard. He was an avid Jazz fan, a hunter and a fisherman. Steele served in the Navy during WWII. He was an active member of the LDS Church serving where ever he was called. He is survived by children, Vaughn (Dulva) Henrie, Fremont, California; Pamela (Ronald) Jacobson, Cedar City; Marianne (Richard) Crofts, and Marilyn (Craig) Twitchell, both of Panguitch; Tracy (Juliann) Henrie, Cedar City; 21 grandchildren and 34 great-grandchildren; sisters-in-law, Martha Henrie, Panguitch and Roma Henrie, Winslow, Arizona. He is also preceded in death by his parents; son-in-law, Chris Davis; grandson, Chet Crofts; sisters, Myrtle (Vernon) LeMmon, Mildred (George) Christensen; and brothers, Don and Keith. Funeral services were held Tuesday, June 15, 2010 in the Panguitch Stake Center with burial taking place in the Panguitch Cemetery. Military Rites were provided by the Panguitch American Legion Post #25 and the Utah Honor Guard. Funeral Directors: Magleby Mortuary, Richfield, Salina and Manti. Online guestbook at www.maglebymortuary.com Try not to become a Man of Success...but, rather, a Man of Value. (Albert Einstein) Leadership and Learning are the indispensable to each other. (John F. Kennedy) It is better to offer NO excuse that a bad one. (George Washington) To know what is right...and not do it is the worst cowardice. (Confucius) Learning never exhausts the mind. (Leonardo da Vinci) All the knowledge I posess everyone else can acquire... but my Heart is all MY own! (Johann von Goethe) June 25th-27th Little britches rodeo July 2nd-4th little britches rodeo July 3rd FFA rodeo July 5th Doug Tebbs team roping July 8th-10th ZD trailer roping July 16th-17th NBHA barrel race $1500 added money July 20th-23rd Panguitch Invitational Rodeo July 31st "Big Guns Roping" NELLIE EDYTH BETENSON SEVY Nellie Edyth Betenson Sevy, age 92, passed away quietly on June 9, 2010, at home in St. George, Utah, with her husband and youngest son present. Her passing was very peaceful yet unexpected. Edyth was born July 6, 1917, to Nellie B. (Nay) and Joseph Edward Betenson in Circleville, Utah. She married her childhood sweetheart, Blaine Doyle Sevy on April 10, 1934, later solemnized in the St. George Temple. Edyth and Doyle lived in Circleville, UT, Cedar City, UT, Henderson, NV and St. George, UT. In their retirement years they traveled to England, Scotland, Mexico and several places in the USA. Edyth made friends with nearly everyone she met and was well liked by all who knew her. Her son, Thom, said her motto for life was "I'm more for singing and dancing." Edyth is a member of the Church of Jesus Christ of Latter-day Saints and served in primary and relief society callings during her lifetime. She worked and retired from Skaggs Pharmacy in St. George. She will be greatly missed by her family and all her friends. Edyth is survived by her husband, Blaine Doyle Sevy; daughter, Jackie S. Hatch of Henderson, NV; son, Bill (Pat) Sevy of Scenic, AZ; son, Thom Sevy of St. George, UT; grandchildren: Carg Hatch, Elaine (Matt) Stigen, Gayla "Liz" McDaniel, all of Henderson, NV; Cary (Karen) Sevy of Las Vegas, NV and step grandson, Larry (Karla) Dimick of Carney, OK; 6 great-grandchildren: Sean (Michele) McDaniel, Mical Anne Sevy, Joshua Sevy, Brandon Sevy, Amanda Sevy and Julie Dukes; 6 great great grandchildren with one great great grandchild on the way; and several nieces and nephews. Edyth was proceeded in death by her parents; sister, Melba (Whit) Robinson; brother, Garn Betenson; son-in-law, Carvel T Hatch; grandson, Michael Blaine Sevy, 1 niece and 3 nephews. Funeral services will be on Monday, June 14, 2010, at 2:00 pm at Spilsbury Mortuary, 110 South Bluff, St. George, Utah. Viewing Sunday, June 13, 2010 from 6:00 to 8:00 pm and Monday, from 12:30 to 1:30 pm, prior to services, both viewings held at the Mortuary. Interment will take place in the St. George Cemetery. Arrangements under the direction of Spilsbury Mortuary (435) 673-3439. Friends and family are invited to sign Edyth's guest book at www.spilsburymortuary.com . If you're reading this ad... so is the rest of the state! 2x2 ads are an effective, affordable way to advertise statewide. Now, buy 3 consecutive weeks, get 1 free! Expires May 24, 2010 Press CI AT 801-308-0268 ext 3 www.utahpress.com |