718 Main Street, Hays, Kansas 67601 | 877-325-8040

December 2006

Merry Christmas and Thank you!

All of us at Clinkscales Law Offices want to thank our friends, clients and client/friends for making this the best year at our office. So many of you have invited us into your lives through our Life Care Plans and we look forward to working with you for a long time. We want to make this the best time of your life, knowing that in us you have a friend, advocate and resource by your side.

Many of you have entrusted your estate plans to us, and we know how important that is. We have been able to help many of you with special issues, some that are very challenging. Thank you for your confidence.  Through our corporate and business work, we have seen our clients grow from mom and pop operations to significant important businesses. Some have grown from small local companies to large regional

operations. Others of you have protected your operations for the benefit of your children, and perhaps their children. It has been wonderful for us to be a small part of that success. We hope that when you sit at your dinner table, that you realize that in a way, all of your employees and their families are there with you. Because of your successes, many have benefitted.

As in the past, we want to thank all of you who have referred clients to our office. Many of you are not even clients, but you know what we do and how we can help. It is the ultimate compliment. If we have not said it, thank you so much.

And finally, I want to take this opportunity to thank the best staff I have ever had. I have never had a staff that cares more about our clients and our friends than this staff. I can pretty much guarantee they are the most caring staff ANYWHERE! They all go beyond what I ask of them. It is not unusual for me to have to tell them to “go home,” because they are trying to do just a little bit more for our clients. I’m not the easiest person to work for, but they tolerate me well. Staff, on my behalf and the behalf of our clients and friends, thank you for all you do.


Newsletter Exceeds 800!

When we started this newsletter, we mailed about 100 newsletters. Several months ago, we topped 700 and now we currently exceed 800!  The newsletter now goes to 16 states. Many of the newsletter articles are reprinted in the Kansas Senior Times. It now boast a circulation of well over 12,000 copies each month. If you know of others that will benefit from our newsletter, let us know.

I worried that when I started the newsletter, I would run out of ideas. Quite the contrary – I have found that I never have enough room to tell you all the important news.

We are now doing a new newsletter for professionals, such as doctors, hospitals, nursing homes, social workers and the like.  Our first issue just went out in November. It is exciting.


Here are my predictions of the changes that will be considered, if not enacted, in the coming year: Uniform Trust Code: Kansas was the first state to adopt the code, and then made significant changes in the law. Arizona passed the law, and two years later, revoked it.

The law greatly changes how trusts are operated and the duties of the trustees. There is concern that the changes may affect special needs trusts and spendthrift trusts.

I hope these issues will be addressed in this coming legislative session, but it will require a lot of “noise” from those of us that practice in this area.

Kansas Medicaid Law: The rumor has it that in January, 2007, the SRS will publish its regulations regarding the Deficit Reduction Act passed by Congress on February 8, 2006. The DRA changed the look back to five years and changed the way the disqualification period applies.

I suspect that someone will introduce legislation that will allow Kansas to set up a partnership program regarding long term care insurance. Basically, it will allow someone to purchase an approved long term care policy and shelter assets from the Medicaid spend-down requirement. This will be a very good law.

On a federal level, I am hopeful for a partial repeal of the DRA. The DRA passed the Senate 51-50. It passed the House by two votes. Many who voted for the DRA were defeated in the recent election.

Hopefully, the DRA will come up again in Congress, and with some compromises, a more fair bill will pass. That could end up invalidating the new regulations that Kansas is working on.

We will make all necessary adjustments for those of you in our Life Care Plans as the changes come into effect.


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