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Show The Garfield County Insider September 30, 2010 Local Friendly Pricing jstbl...!) 3aiia We can give you a second opinion on your needed repairs. CERTIFIED Rick Miner - Juarez Nunez 60 years combined experience. Same Day Service, Most Cases. "We Do It Fast" • State of the Art Computer Diagnostics • Free tire rotation with Oil Change upon request. Except Dullies. • If warning lights are on dash, we can help! Best transmission pricing on rebuilds or remanufactured. 475 East Center St. • Panguitch, Utah 435-676-8994 Complete Auto Service & Repair Certified Locksmith. SAFETY INSPECTIONS Se Habla Espanol BUCKLE UP FOR LOVE Four out of five car seats are used incorrectly. Could yours be one of them? The Utah Safety Council and the Buckle Up For Love program are celebrating National Child Passenger Safety Week September 19-25 this year by making sure all parents and caregivers are buckling themselves and their children safely and properly. The Utah Safety Council offers a few basic rules of Child Passenger Safety, along with information about Utah laws. REAR-FACING SEATS: For the best possible protection keep infants in the back seat, in rear-facing child safety seats, as long as possible. It is widely believed that you may turn children forward-facing at age one, but the American Academy of Pediatrics strongly recommends to keep children rear facing up to two years of age — or as long as allowed by the car seat manufacturer. Your child seat owner's manual and the labels on the seat itself will indicate the maximum height and weight limits of the seat to use it rear-facing. FORWARD-FACING SEATS: When children outgrow their rear-facing seats (must weigh a minimum of 20 pounds) they should ride in forward-facing child safety seats, in the back seat, until they reach the maximum weight or height limit of the particular seat usually around age 4 and 40 pounds. BOOSTER SEATS: Once children outgrow their forward-facing seats with a harness, they need to be in booster seats, in the back seat, until they are 57 inches tall. Until a child is 57 inches tall, they are not adequately protected by a seat belt alone. According to Utah law, every child up to age eight must be in a child safety seat or booster seat. The booster seat positions them for the lap and shoulder belt to work correctly. Never use a booster seat with a lap belt only, boosters must always be used with a lap and shoulder belt. SEAT BELTS: When children outgrow their booster seats, they can use the adult seat belt. A child is the correct size to ride without a booster when their back can stay flat against the back of the seat with their knees resting at a 90 degree angle over the edge of the seat. A proper fit means that the lap belt lays across the upper thighs and the shoulder belt fits across the chest. It is recommended that children 12 and under ride in the back seat. Since its beginning in 1995, the Buckle Up For Love program has been encouraging families to buckle up. Drivers can contact the Utah Safety Council by calling 1-800-887-KIDS when they observe moving vehicles with unrestrained children on board. The Utah Safety Council sends the owner of the motor vehicle information and resource materials in order to help individuals ensure that everyone is restrained properly every time they ride in the car. Anyone can help encourage others to buckle up their children and save lives by participating in the Buckle Up For Love program. If you see a child that is not properly secured in a moving motor vehicle, report the Utah license plate number along with other details to 1-800-887-KIDS. The Utah Safety Council will remind the vehicle owner to Buckle Up for Love; they will receive an educational packet about child passenger safety in the mail. For more information on child safety seats, a free car seat inspection, or the Buckle Up for Love program, please call (801) 478-7878 ext. 303 or (800) 933-5943 ext. 303. To order Buckle Up For Love materials such as brochures, posters or wallet cards visit the Utah Safety Council's web site at www.utahsafetycouncil. org or you may also use the same phone number listed above. ESTATE PLANNING WHEN RELOCATING TO A NEW STATE Relocating to a new state often creates issues affecting estate planning. Many people wonder if they need a new will or trust when they move from one state to another. Although a will or trust validly executed in one state should be valid in a different state, it is a good idea to have the estate planning documents reviewed. By addressing issues related to the relocation, an individual can avoid certain problems and maximize possible benefits. One problem that can be avoided relates to references to another state's laws. Often, estate planning documents reference a particular state's law as the governing law. Many times specific state statutes are referenced. If someone dies in a "new" state, the references in the estate planning documents to the "old" state's laws can be problematic. By executing an amendment to the trust or codicil to the will that changes the state law references to the "new" state's law, one can avoid possible problems. Another concern that should be addressed pertains to special health care documents. In a complete estate plan, one should have legal documents pertaining to medical treatment decisions. These documents usually consist of what is commonly referred to as a "living will" (more formally titled "Directive to Physicians") and a durable power of attorney for medical matters. These documents are very useful if an individual becomes incapacitated and unable to make his or her own decisions. The documents allow one to specify what medical treatment he or she desires. Additionally, the living will directs the treating doctor or health care facility to allow the termination of life support if the individual is determined to be in a vegetative state without possibility of recovery. Significantly, these documents are created by state law. Many states have special provisions related to these medical treatment documents. Although a living will or power of attorney validly executed in one state should be valid in another, the doctors or health care facilities will probably be most familiar with the documents used in their state. Of the three states in which the author practices (Nevada, Arizona and Utah), only Arizona law specifically states that it will accept any state's validly executed living will form. Because it is the treating doctor or health care facility that must accept the medical treatment documents and it is often of critical importance that the documents be accepted with the least amount of delay, it is usually wise to have new medical treatment documents executed for the state in which you now live. Another issue related to relocating to another state that should be addressed in order to maximize potential tax benefits pertains to community property. There are ten community property states (Arizona, California, Nevada, New Mexico, Idaho, Texas, Washington, Louisiana, Wisconsin, and Alaska — with Alaska recently adopting a form of community property ownership). Many married couples have relocated to Nevada and Arizona from non-community property states. If a married couple has moved from a non-community property state to a community property state, they should have their estate plan reviewed. For married couples, maintaining or establishing the characterization of property as community property can be beneficial. If property is community property, when one spouse dies the surviving spouse can sell appreciated assets (at or shortly after the time of the spouse's death) without having to pay capital gains tax. This is not the case for property owned jointly by a husband and wife that is not community property. For property owned by a husband and wife that is not community property, a surviving spouse will have to pay a capital gains tax on one-half the appreciation of assets sold at or shortly after the time of the first spouse's death. Depending on how long the asset has been owned and the amount of appreciation and potential capital gains tax, the tax savings of maintaining or establishing the characterization of property as community property can be significant. The preceding issues are just a few of the estate planning items that should be considered when relocating from one state to another. Jeffery J. McKenna is an attorney licensed in three states and serving clients in Utah, Nevada, and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite. He is a founding member of the gi Southern Utah Estate PlanCatiter rat Idatint ning Council. If you have Errol - 435-275-8628 - embutah@gmail.com t, questions or topics that you would like addressed in Suppose everything you needed to survive had to these articles please email pass through a hole this size...!?!? him at jmckenna@barneymckenna.com or call 435 628-1711. PANGUITCH FLU SHOOT-OUT THURSDAY, OCTOBER 14 (11am-4pm) At the Fire Station (100 E. 40 N.) ALL AGES Flu season starts this fall...stay healthy by getting immunized! Just drive through and get your FREE shot without leaving your car (families with kids and everyone under 18 will go inside). Bring insurance card if available This year vaccine will also include protection against H1 N1 flu. For more information call 676-8800 or visit www.swuhealth.org GARFIELD COUNTY SOUTHWEST UTAH PUBLIC HEALTH DEPARTMENT PREVENT • PROMOTE • PROTECT Flu vaccine approved for everyone over 6 months of age. Vaccinations will be free at this and other SWUPHD sponsored Anass-vaccination ❑events only, while supplies last. Most of us are aware of the 33 Chilean miners trapped some 2,200 ft below the surface...however we are just learning about how 'things' are being sent up and down in cannsters just 3.19 inches in diameter known as palomas (doves) that are sent up and down almost 24 hours a day...some of the things they carry: • Waterproof shoes & lightweight clothing with copper fibers to resist bacteria. • Headlamp batteries. • Blood & urine samples • A camera & phone line to speak with family members, workers & psychiatrists. • Vitamin D supplements to make up for lack of sunlight • Toothbrushes, toothpaste & other toiletries. • Five lieters of water per day per miner. • Aluminum components to assemble cot • 2,000 calorie daily diet...half nutritious shakes, half foods like bread, ham & kiwis. • Reading materials including 33 mini-Bibles. • Tetanus, diptheris, influenza & pneumonia vacinations (one minor is a medic) • Football jerseys (autographed by Chile's national team) • A mini-projector and fiber-optic line to show sports and movies (50" wall projection) They will NOT be getting cigaretttes or booze. SOURCE: Chilean Ministries of Health & Mining |