Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

Have you ever created intentional space in your work/life for grief? I never knew it was possible until earlier this month. I may be relatively young, but I’ve had my share of deaths to process in life. In all instances, I went through the motions and then seemed to just move on. As in, I went to a funeral, accepted condolences, and then got back to my routine – at work, at home, with loved ones and strangers. This included my father’s passing a couple of years ago. My grief consisted of a few days on the couch, eating junk food and watching movies. Then I picked myself up and moved forward. No self-care, no reflection. That is certainly one way to handle it, but what I did this month was so much kinder to myself. And, just maybe, the kindest thing I’ve ever done for myself. My grandfather died peacefully, a week short of his 93rd birthday. Knowing that he was only going to be with us for a short while longer, I made some very adult decisions. Decision #1: There was literally nothing more important in my life than saying goodbye to my Poppi in the way that felt like I was honoring him. Decision #2: I was going to allow my daily experience and grief to be the priority in my life by making space for it. Once those decisions were cemented in my mind as the only things with real significance, everything else fell into place as if I knew exactly what to do… I canceled all my non-essential meetings. There were FIFTEEN of them! To be kind to myself, I blind-copied everyone at once (opposed to personal emails for every person), told them why I needed to reschedule and counted that task as “done” in a matter of a few minutes. The immediate weight that came from reclaiming a minimum of 15 hours of my week was enormous. Everyone was so extremely kind and supportive of my need to reschedule. I kept 3 essential meetings (reviewing proposals and onboarding a new client) and used the rest of my time working on things that bring me joy and add great value to my business.  And it got me thinking…why did I have 15 non-essential meetings on my calendar, anyway? Made space for self-care every day. Things like, taking a bath, reading, writing, getting a massage. Every day there was one scheduled item of self-care on my agenda. In a week, I had given myself the gift of self-care in a way that seemed like a pure indulgence. Each act of self-care rejuvenated me in a way that felt like, “Yes. My body is important to care for. My spirit is important to nourish. Thank goodness I can move slowly and be kind to myself.” When I look back, none of those actions were longer than 90 minutes and took way less than the time I had given myself space for by removing the non-essential meetings. I reignited good habits. I meditated, did some form of physical activity and cooked the most delicious meals with my husband every night. These, again, seem like a luxury to me when I do all three in one day – let alone all three for weeks straight each day. These habits are direct reflections of my values and things that always make me feel centered and on a good path whenever I regularly activate them in my life. I just didn’t think I had space for them, all in one day, before. I was so very wrong. Having done these 3 things literally changed my life. It helped me to realize my values more deeply, appreciate the supportive people in my life and make space to cherish the memories of my grandfather.  In a time when we are all working so damn hard, it’s hard to push pause. But when you do, your soul thanks you. I spent nearly two weeks making room for grief, which felt like I was swimming in warm molasses – in the best possible way. In a matter of minutes of making these executive decisions in life, I gained immense clarity and gratitude for the gifts in simplicity. I am always saying, my goal is to “live a simple and purpose-filled life. The last gift my Poppi gave me was the realization that I can have that now. I am the one getting in my own way of making that a reality and that was an epiphany that I will take with me as I build the life I want to live. So while I offer these suggestions as a possible guide in grief, we must remember that at the end of the day, grief is a walk alone. Others can be there and listen but you will walk down your own path, at your own pace, with your own pain. You will come to your own peace, in your own time, in whatever way makes sense for you. My experience is not yours and it is not a suggestion that one size fits all. It’s far from that when it comes to loss. I was reminded that grief is the last act of love we give to those we loved. Where there is deep grief, there was great love. And that’s what my life has felt like lately. Fueled in love, reflection and gratitude. The grief isn’t gone, it’s just taken a new shape for me. One that I never knew was possible, one that I wish for everyone to experience if they’re able to make space for it in life. MaryBeth Hyland, founder of SparkVision, believes that when you connect people through purpose, there’s no limit to what they can do. Her organization helps multi-generational teams who need an unbiased partner to identify the gap between their current and ideal culture.  Grounded in her BA in Social Work and MS in Nonprofit Management, this millennial leader is sought after for her ability to create movements that resonate. MaryBeth has been honored in Maryland as ’Innovator of the Year,’ ’Women on the Move,’ ’Top 100 Women,’ ’Top 100 Millennial Blog,’ ’Civic Engagement Leader’ and ’Leading Women.’

I was going to write a piece about pianists in the first part of the 19th century, and while doing my research, realized that one can’t really discuss this era of pianists without looking at a famous violinist. To begin, keyboard players in the baroque and classical eras were generally taught to sit straight, not move around very much, and keep the hands right over the keyboard.  Quite frankly, that was the best way to play the instruments of that time.  The organ, the harpsichord, and the clavichord were the primary keyboard instruments, and a soft touch was really all that was required.  The harpsichord and clavichord didn’t have a dynamic range (changing volume), and achieving that on the organ required the use of additional stops and opening the swell pedal to get more into the pipes.  The keyboard itself had nothing to do with it.  In fact, we know from CPE Bach that his father (Johann Sebastian), the greatest keyboard player of his time, didn’t press on the keys so much as he “stroked” them. Carl said that his father kept his fingers curved, and would basically draw back on a finger to play a note.  An interesting technique that would work for an organ or harpsichord, but not very well for a piano.  That is perhaps why, when J.S. Bach visited the court of King Frederick the Great of Prussia, where his son Carl was the court harpsichordist, that when introduced to a pianoforte built by Silberman (one of the most respected organ and harpsichord builders of the time) that he was dissatisfied with the instrument.  That did not sit well with Silberman. The piano was invented around 1700 by Bartolomeo Christophori.  The original name of the instrument was “Gravicembalo col piano e forte.”  That means, “large harpsichord with soft and loud.”  This became shortened to “pianoforte.”  The first ones probably didn’t sound that great, and there was a lot of developing that had to happen over the next couple of decades.  During the first part of Mozart’s life, the harpsichord was still the primary keyboard instrument.  The pianoforte was considered still somewhat experimental.  Designs improved over the years, and before too long, the pianoforte (or fortepiano as it was called in England) eclipsed the harpsichord, which became an anachronism.  Muzio Clementi is considered the father of the pianoforte because it is felt that he was the first composer to really approach the instrument as a new instrument, and not as a modified harpsichord.  A new style of writing was needed for this instrument, and it was Clementi that set the standard. By the 1830’s, the pianoforte was pretty much the instrument that we know today.  Makers such as Steinway, Erard and Playel improved the sound, the range, and the reliability of the instruments.  This paved the way for the great surge of piano virtuosos in the 19th century. This is where we stop looking at pianists and discuss a violinist.  Nicolo Paganini was the greatest violinist of his time, perhaps the greatest who ever lived.  He was not only a musical genius, but he was also the first musical PR genius.  He ws able to do things on the violin that nobody had ever seen before, and back in those dark days it was thought that the only way someone could do that would be if he were in league with the devil.  When Paganini heard that story, he hit upon the most brilliant musical marketing campaign ever.  He was tall and gaunt, which gave him a somewhat fiendish appearance.  Couple that with wearing a long black cloak, and arranging stage lighting so that he was lit from below only, and then gesticulating wildly while playing unbelievable music on the violin, and he would fill the concert hall every time.  It is hard to imagine how one musician could capture the world’s attention like that, but he did, and one of the first people to really take note of it was Franz Liszt. Liszt was fascinated with Paganini, and realized that if that sort of thing could work for him, why should it not work for a pianist?  Thus was born the “pianist performer.”  Gone were the days of sitting still at the keyboard with fingers curved and never lifting more than an inch above the keys. The modern pianoforte allowed one to play loudly, and that was achieved by hitting the keys harder, and that meant raising your hands way above the keyboard to come crashing down in an explosion of sound.  Additionally, the innovation of dampening and sustain pedals gave the pianist the opportunity to pull off some of the same stunts on their instrument that Paganini did on his.  Before you knew it, there were touring virtuosos all over the place, and each one had his own trademark.  Sigismond Thalberg  developed a technique that created the impression of a third hand at the keyboard.  Alexander Dreyshock astounded listeners with his freakish technique playing thirds, sixths, and octaves.  It was said that he could play Chopin’s “revolutionary “etude at tempo in octaves. Of course, there was Chopin.  Perhaps the most refined of them all.  He could do anything the others did, but just couldn’t do it very loudly.  It was said that his dynamic range was amazing but never got very loud.  This served him well when playing for small groups, which was his preference.  He once said of Liszt, “he plays my music the way I wish I could.”  Chopin was plagued with ill health much of his life, and was too weak to play with great force. He compensated for it with great sensitivity, and a rubato that, by all accounts, could not be matched. Of course, there was Liszt. He was the standard by which every touring virtuoso measured himself, and most came up short.  He was a rock star in his day.  Women would swoon and actually throw their underwear at him! How ’bout that, Tom Jones!  Liszt was important not only in developing piano technique, but in fostering interest in musicians that might otherwise be forgotten.  Let’s not forget that Franz Schubert was relatively unknown outside of Vienna.  Liszt was a great advocate of his music and really brought it to the attention of the rest of Europe.  He was also generous with young composers and helped them when he could.  There is the story of young Edvard Grieg approaching Liszt with his recently completed piano concerto, and asking the maestro if he might be willing to look it over and tell him what he thought.  Liszt took the music from the young Norwegian, went the piano, and sightread it, doing a reduction from the orchestral score as he played!  They don’t make ’em like that anymore. Well, I suppose I could go on and one, but we’ll save something for the next time we are together.

As recently as this morning, I experienced a headache common to all of us living in the now almost-entirely-digital age.  I went to log on to my email from a different “platform” than I normally use (an old laptop, rather than my phone where I normally check email, and on which my email password is saved).  I typed in what I thought was my password.  No.  I tried a variation that I have sometimes used as a password.  No.  I tried variations on the variation that I have sometimes used.  No.  I cursed at the reality of the fact that I KNEW my password until I had to change it several weeks ago because of the security requirements that lead to a new password being necessary every few months.  Finally, I gave in and created a new password.  Which I likely will not remember, because now I am so many variations past my original password that my brain cannot contain which variation is the current one to access this particular account. Sound familiar? A friend who used to work at Google said that people would call in all the time, asking for the “help desk” to get them back into their email, from which they were locked out without any memory of their password, or the answers to their security questions, or access to the old phone number or alternative email where the “access your email” link would be automatically sent by Google in case of such dire straits.  For these poor souls, it was unhappy news to hear from my friend that Google does not have a help desk, and that there is, in such a situation, no way to get back into their email. Given these real-world examples of the complications faced by us as the OWNERS of these digital accounts, how in the world can we expect our appointed Agents/Fiduciaries to access our digital accounts in the event of our incapacity or death?  Particularly if we don’t give them some mechanism for knowing where our digital assets are, or how to access them?  It is common now to keep all of our important information on our laptops or desktop computers – but if that device is password-protected or otherwise locked, and no one other than you has the information to access it – how will your appointed Agent/Fiduciary be able to access your computer, your email, your Facebook, your digital photograph storage service, your Amazon account, etc., etc.? In recent years, the law has finally started to catch up with the reality of our digital world – though in typical, behind-on-the-curve fashion (the law is always a few years delayed on the timeline of mainstream culture).  In 2016, the Maryland legislature passed the Maryland Fiduciary Access to Digital Assets Act, codifying the right of a digital account user to broadly allow or prohibit access to that user’s digital accounts to a Fiduciary by way of a Power of Attorney, Will, or Trust.  Prior to the passage of this Act, such authority (for your Fiduciary to access your digital accounts) was dependent upon your completion of each and every website’s own Terms of Service – something I seriously doubt many of us thought or knew to do (I certainly did not). But this is an imperfect solution, in and of itself.  The issue of how our appointed Agents/Fiduciaries might access our digital assets presumes that they will know what our digital assets are – not to mention any and all of our other, non-digital information.  The starting point is to imagine how anyone other than you will possibly know what you have, and where you have it (where do you have accounts?  With whom do you have life insurance?  Who is your doctor, financial advisor, estate planning attorney, etc.?). A common approach in the past was to keep important documents and information in a safe deposit box.  But what if no one but you has access to it, and you become incapacitated or die?  Unbeknownst to most people is that a safe deposit box is only accessible by signatories/authorized users.  A Power of Attorney may or may not be recognized by your bank – and even if the bank does recognize the authority of your Power of Attorney, the bank may not recognize the authority of your Power of Attorney to access your safe deposit box.  And, after your death, when your Power of Attorney no longer has any authority or validity, NO ONE has access to your safe deposit box UNTIL a probate estate is open and letters of administration are given to the Personal Representative (sometimes called the Executor) of your Estate.  Which can lead to quite a circular mess if your Will, which should be filed to open your Estate, and which sets forth who you wish to be appointed as your Personal Representative, is housed in your safe deposit box. Or, even worse, if you established a Revocable Living Trust in order to avoid the opening of a probate Estate, but now,  a probate Estate must be opened in order to gain access to your safe deposit box.  Many a Trusts and Estates attorney has horror stories to share about the mess caused by important documents being stored in a safe deposit box that only one or two people have access to… So what is one to do? One client with whom I worked made it a pet project of hers, to put together a notebook of all of the information her children or siblings might need to know in the event she becomes incapacitated or after her death.  She put all passwords, all contact information (for her estate planning attorney and her financial advisor and her doctors, etc.), all asset type and financial institution information, EVERYTHING into this notebook.  Now, all that her children and siblings need to know is where that notebook is being kept.  Of course, the impetus is on her to keep this information updated. For some, this old-fashioned recordkeeping is uncomfortable, whether because it is tedious, or considered too insecure.  As an alternative, there are various digital storage options on the market now – companies, such as DocuBank and Everplans, that provide the service of a “digital filing cabinet” for all of your important paperwork and information.  Of course, this method has its imperfections, too.  Ultimately, there is an argument to be made for a hybrid approach, for storing your important information in a variety of ways.  One of the best methods for ensuring that your important information is known and available to those who may need it to act on your behalf is to have an estate planning attorney who is familiar with you and your asset information – and, even better, to have a financial advisor and a CPA, too – that is, to have your own personal team of advisors. There is a fine line between keeping our private information private and secure – and keeping it so private and secure that no one else is able to access it when we actually need them to.  We welcome you to discuss this particular challenge with us, and we urge the importance of keeping your information updated, wherever and however you choose to keep it.

I don’t know how many people fly to various destinations across the U.S. from Baltimore via the Charlotte Airport travel hub, but I assume it’s quite a lot.  Having done so many times, my experience has been that on some of the small commuter airplanes that routinely fly the Charlotte route the ride can be quite rough.  My wife laughs at me when I affectionately refer to any Charlotte lay- over flight as a “rattletrap”, since one time in particular, the plane literally sounded like it was rattling and squeaking all the way, and figuratively lurching towards the runway touch down.  Of course there are very smooth flights to Charlotte from Baltimore, and I recently rode on one of those and it was amazing – a fifty minute scheduled flight that arrived fifteen minutes early!  And turbulence, let’s not forget about that.  I don’t like it, and again I will say that the southern flight routes always strike me as more turbulent than others, like the smoother long-distance Midwestern routes, to Denver for example (except for in and around Denver airport!).  Oh well,  I guess none of it is predictable! All this thinking about the characteristics of modern flight travel gets me thinking about the current state of our politics, and more specifically, the 2017 Tax Act.  I’m serious!  How analogous can these two things be?  I mean you can’t make this stuff up, regardless of which side of the political runway (flight path) you’re on!  So first we’ve had a lot of shaking, rattling, and rolling for the past eighteen months in Washington and across the country.  Really?  Well yes –  unbelievable, and perhaps unprecedented events, including political infighting, eye-popping initiatives and attempts to foil them, upheavals, policy changes (both domestic and foreign), questions and shifts concerning traditional notions about government and its institutions, attacks on the press, interference in our electoral processes by foreign governments, turmoil of seemingly every kind, and much, much more.  And yet, from an estate planner’s point of view, by and through the 2017 Tax Act, along with Portability now a “permanent” fixture of the estate tax landscape, it is a remarkably smooth ride for 99% of U.S. citizens – from both an estate tax and income tax perspective. Quite literally, the current administration and the Congress, despite the rollicking barrel rolls, vertical climbs, mid-air stalls, nose-dives, and general free ride of 2017 and through mid- 2018, have managed to land a legislative jumbo jet by passage of the 2017 Tax Act in December.  Now hold on some will say.  Okay, I agree we’re not talking about wins for seniors or people with disabilities here.  But from a pure estate planning perspective, this is a friendly monster with almost all the right colors and political stripes – a routine flight that intended to go cross-country but somehow became epic, broke the stratosphere, and landed on the moon. Now, back to reality.  Let’s explore the Act in a limited way for purposes of this article.  You can read about it in further detail via a multitude of summaries and articles put out by tax services, brokerage firms, trust companies, and news organizations; or, you can read the complete voluminous Joint Explanatory Statement of the Committee of Conference.  First, let’s be clear – there are winners and losers due to the Act.  And like any legislation of this magnitude, there are purely personal and business income tax-related portions, which are hugely important and affect all of us; and concerning our further purposes here, estate and gift tax-related portions and their effect on clients’ estate planning. Although the following is not meant to comprise an exclusive list, changes of major importance on the purely personal income tax side of the Act include:  new rate brackets, with top rate of 37%; changes to standard deduction and elimination of personal exemption; simplification of Kiddie Tax; increase of Child Tax Credit; changes to charitable deduction; limitation on deduction of home mortgage interest; limitation on state and local income tax deduction; non-deductibility of miscellaneous itemized deductions; Qualified Business Income Deduction (I.R.C. §199A); Alimony payments not deductible, and not income to recipient; increase in AMT exemption; elimination of health insurance mandate. Changes of major importance on the purely business income tax side of the Act include: reduction in corporate tax rates (top rate of 21%); and tax-favored treatment of business income from pass-through entities (I.R.C. §199A). The Act’s direct impact on estate planning (trusts and estates) cannot be understated – it is simply astonishing.  The federal estate tax exemption or the basic exclusion amount for individuals is now calculated by experts to be $11.18 million, or $22.36 million for a married couple.  That is more than eleven times the size of the basic exclusion amount then in existence when this writer first began his legal career.  This means that the federal estate tax, while not completely abolished, is practically eliminated for 99.5% of decedents. And the gift tax exemption? That is $11.18 million also. This changes everything! Well maybe not everything, because for example the new exemption amounts “snap back” to the prior exemption level of $5,490,000 per person in 2026; but it possibly changes many of the assumptions we’ve always made – for example, that strategic use of the now $15,000 annual exclusion gift amount or estate tax charitable deduction is so critically important.  But are they?  On the other hand many fundamental concepts in estate planning remain largely unchanged and most of the staple planning approaches used over the past several years remain viable and leading edge, such as QTIP trust planning between spouses; although of course there are different planning techniques available for people with assets under $5 million, assets between $5 million and $11 million, assets between $11 million an $22 million, and assets exceeding $22 million, and in any event men and women of all ages still (and always will) need to provide for their surviving spouses, partners, significant others, children, nieces and nephews, other loved ones, pets, and organizations the way they want, and at the lowest possible cost, while providing for the lifetime management of their own financial and health care affairs.  Except that now, it is possible to design and construct these foundational planning elements into your planning better, easier, and with more flexibility and asset protection than ever, and with the lowest possible income tax ramifications ever.  Yes, it is an exciting time to engage in estate planning.  But what is there to talk about now that the estate tax has effectively been eliminated (at least on the federal level)?  Well, … everything?  To name just a few topics of major concern:  understanding how and why income tax is the “new” estate tax; the ramifications of outright distribution; how to plan for disability or incapacity; dealing with long-term care costs; disposing of tangible personal property; understanding inheritance tax; how to leave assets between spouses; planning where there are unmarried partners; marital control; planning for retirement plan assets; long-term care asset protection for spouses; lifetime asset protection; planning for the shares of children and grandchildren; providing for pets; designing flexibility in planning; trust protectors and other special fiduciaries; asset protection for marriage – pre-nuptial and post-nuptial agreements; planning for persons with disabilities; housing issues; Social Security and Medicare; philanthropy; elder law and Medicaid issues; and much more. In wrapping up this article, how do we keep from shaking and rolling too much during the years to come despite all the changes happening around us?  Well, if you are age fifty or older, you know that’s probably not possible – there’s going to be a lot of this during life and it’s unavoidable.  But if you responded “periodic plan updating”, you are not only right, you hold the key to the smoothest possible flying over time, with the least worry.  We all want a smooth flight versus a turbulent one – yet only a minority of people plan, and of those planning-oriented folks, only about one-third are willing to become truly educated about their planning, keep the plan updated throughout the years, and thereby remain in control of that one aspect of planning they have near complete control over.  I recently watched a film produced by the famous independent filmmaker, Werner Herzog, about the child (now an adult) who survived a Peruvian airplane crash (she was the only survivor).  Perhaps you’ve seen it, but if not the film outlines an amazing story of survival – not only the child’s actual fall from the sky into the rainforest, but her experience during the days and weeks following the crash as she walked out of the jungle, reached civilization, and was finally rescued.  We have the ability to control the outcome of our estate planning, and we don’t have to let it crash, even when the months and years ahead seem unpredictable, full of high speed turbulence, and unpredictable change.  Recognize that in estate planning, you are not a passenger – and you are not in a passenger’s seat – unless you choose to be.  You are the pilot.

A nationwide movement has been underway since the late 1990s to improve end-of-life health care planning by individuals.  While Advance Directives including Living Wills and Do-Not-Resuscitate Orders (DNRs) have been widely used to address future decisions regarding life support, pain relief and the administration of nutrition and fluids, they do not capture a patient’s preferred level of medical intervention for care either on a routine basis or on an urgent basis due to an acute medical condition.  To give individuals the opportunity to express their medical treatment preferences, a process developed that begins with conversations between physicians and patients about available treatment options, and provides forms that record the patient’s preferences for all of the patient’s health care providers to see.  Throughout the various States, these forms are known as physicians’ orders for life-sustaining treatment (POLST), medical orders for life-sustaining treatment (MOLST), physicians’ orders for scope of treatment (POST), and medical orders for scope of treatment (MOST).  The National POLST Paradigm Task Force provides guidance for successful implementation of such forms. [i] In Maryland we have the Maryland MOLST Training Task Force.  The State provided regulations for the use of Maryland’s MOLST form in July 2013. [ii] Who Should Have a MOLST form? Regulations require the MOLST forms be completed at assisted living programs, home health agencies, hospices, kidney dialysis centers, and nursing homes for newly admitted patients and at hospitals for certain patients.  In addition, the rule of thumb is that any person for whom it would be true that a doctor would not be surprised if the person died within the year should have a MOLST form.  Anyone of advanced age or frail health or both, should have a MOLST, even those individuals who are not terminally ill, in a persistent vegetative state or suffering from an end-stage condition.  Persons in these categories should have a conversation, or a series of conversations regarding end-of-life care with a health care provider.  Ideally, the conversations are a team effort by all involved in the person’s care and decision-making.  End-of-life care is an evolving field.  Understanding the nature and effects of treatments, procedures, medications, and methods is important for every patient, and requires open and frank discussion. The Shortcomings of Advance Directives and DNRs Most of us are familiar with a typical Advance Directive that includes a Living Will.  Such a document allows an individual to specify whether or not to be administered life-sustaining treatment, as well as nutrition or fluids, if the person has no expectation of recovery from a terminal condition, a persistent vegetative state, or an end-stage condition.  The Advance Directive is executed with a hypothetical future health event and goes into effect in the future, when the client is no longer capable of make health care decisions.  At such time, the agent appointed in the directive has decision-making authority on the patient’s behalf. Most of us are also familiar with Do-Not-Resuscitate (DNR) orders, which prevents resuscitation in the event of cardiopulmonary arrest.  Such orders are issued by physicians for certain patients after conversation with the patient or the patient’s decision-makers. Neither the Advance Directive nor the DNR provides a client the opportunity to specify the kind and level of medical intervention, during or at the end of life, that reflect the client’s preferences, values and goals.  The choices are either for no intervention at all or full intervention.  A MOLST allows the patient to clearly and accurately identify the desired level of care from among the available treatment options as they are explained to the patient or the patient’s health care decision-makers by a physician, physician’s assistant or nurse practitioner.  The care related decisions can be addressed separately from the choice regarding DNR orders. Thus, a person may not want to be resuscitated, but, in all other situations, the person may want more or less aggressive care.  Since the patient may lose the capacity to participate in the conversations, it is still important to have an Advance Directive that appoints a health care agent, who can talk with the patient’s health care providers on behalf of the patient. What Treatment Categories does the MOLST Cover? The Maryland MOLST allows the patient to make informed choices regarding the administration of antibiotics, nutrition, fluids, ventilation, blood transfusion, hospital transfer, medical workup and dialysis, in addition to cardiopulmonary resuscitation (CPR). As part of the conversation with medical staff regarding the treatment categories, the staff will summarize key facts and opinions about the patient’s medical situation and prognosis, and the relevance of various treatment options. [iii] The medical staff is expected to ensure that the patient’s choices are informed as a result of the consultation with the physician, physician’s assistant or nurse practitioner, who signs the order. Since a patient’s medical needs are likely to change over time, it is important to continue to have these conversations.  The MOLST can be updated when the patient reverses an earlier decision based on changes in his or her medical condition. What is the Purpose of the MOLST Worksheet? An individual who is not currently facing an acute medical condition and has capacity to discuss health care treatment options with a health care provider, has the option of completing the MOLST Worksheet.  The worksheet is part of the MOLST and allows a person to document treatment preferences for future situations.  If and when the time comes that the person needs a MOLST, the worksheet provides valuable input for the completion of the MOLST form.  The topics covered by the worksheet are the same as those addressed on the MOLST form. An individual may chose which of these topics to address.  There is no requirement that all categories be worked on. Minors with Terminal Illnesses and Individuals with Disabilities Some states allow minors with terminal illnesses to have POLSTs, and some provide a section for special concerns of individuals with disabilities.  The Maryland MOLST does not provide a section for individuals with disabilities. MOLST Need to be Kept Where They Can Be Found – the Registry Emergency Medical Technicians (EMTs) or first responders will respect and implement a patient’s wishes.  They can only do so, if they see the MOLST.  A physician can provide guidance on where to keep the form; on the bedside table or room door, for the bed-ridden patient, on the refrigerator, in the purse, or any other place where it can be discovered before procedures are started that may go against the patient’s wishes. Some states maintain a registry for their residents’ POLST or MOLST forms.  The advantage of a registry is that EMTs and other providers have access to the forms.  Maryland has such a registry. Legal Protections A competent individual’s use of a MOLST, properly executed in accordance with local law, is protected by constitutional and common law.  The Due Process Clause protects our deeply personal liberty to reject medical treatment.  Since the form is completed after conversations with the physician, a patient’s informed consent, as well as the individual’s liberty and privacy concerns are satisfied.  A health care provider’s refusal to honor a MOLST would implicate common law and constitutional violations at the least. The U.S. Supreme Court has been united in its view that a competent individual, absent a specific compelling public interest has a right to refuse medical treatment. “On balance, the right to self-determination ordinarily outweighs any countervailing state interests, and competent persons generally are permitted to refuse medical treatment, even at the risk of death. Most of the cases that have held otherwise, unless they involved the interest in protecting innocent third parties, have concerned the patient’s competency to make a rational and considered choice.” [iv] This language is decisive for the constitutional validity and enforceability of a MOLST.  It announces that each person has a fundamental liberty interest to control his or her medical care. The MOLST Should Be Signed By the Patient The Task Force recommends that the MOLST be signed by the patient to ensure that there was at least some communication about the form with the patient or the patient’s health care agent.  Such a requirement would increase the confidence that the form reflects the patient’s informed decisions. Fiscal Considerations Patients who do not wish to have very expensive treatments, benefit from having a MOLST that is properly implemented. MOLST Has to Be Part of Estate Planning and Elder Law Consultations The Medical Orders for Life Sustaining Treatment (MOLST) form and associated worksheet are part of a comprehensive estate planning consultation.  Estate planning and elder law attorneys needs to draw clients’ attention to the existence and function of this form. [i] The Center for Ethics in Health Care at Oregon Health & Science University first convened the task force. See OR. POLST TASK FORCE, GUIDANCE FOR OREGON’S HEALTH CARE PROFESSIONALS 6, 17 (2013), available at http://www.polst.org/wp-content/uploads/2013/ 12/2013.12.26-OR-Guidebook-2013.pdf [ii] The Department of Health and Human Services regulations are found in COMAR 10.01.21 [iii] See Health Care Decision Guide for Health Care Professionals by the Maryland MOLST Training Task Force, May 2012. [iv] 1 Cruzan, 497 U.S. at 273 (quoting In re Conroy, 486 A.2d at 1225).

Stephen R. Elville, Esq., Principal and lead attorney at the elder law, estate and special needs planning firm of Elville and Associates, presented for a third consecutive year at the Financial Planning Association of Maryland’s Spring Symposium on Thursday, May 17th in Pikesville, Maryland. Mr. Elville’s presentation focused on the 2017 Tax Act and offered certified financial planners in attendance a synopsis of the topics of interest discussed at January’s 52 nd Annual Heckerling Institute on Estate Planning in Orlando. Mr. Elville discussed the 2017 Tax Act and its implications on how the Act affects estates and trusts, business tax issues, income tax issues, estate planning considerations, and asset protection. Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind solutions to the challenges they face with estate, asset protection, and tax planning issues, and with disability and a long-term care planning issues. He has extensive experience in working with clients involved in crisis situations. He also brings a unique and personalized approach to pre-crisis planning. Mr. Elville routinely handles clients issues in the followings areas: wills, trusts, powers of attorney, living wills/advance medical directives, Medicaid asset protection trusts, Medicaid planning and qualification, estate administration, fiduciary representation, nursing home selection, guardianships, special needs planning for children and adults, Social Security Disability Income (SSDI), Supplemental Security Income (SSI) and IRS tax controversy. Mr. Elville was named to the Maryland Super Lawyers list in 2015, 2017 and 2018, and is a member of the National Association of Elder Law Attorneys, Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys. He currently serves as a member of the Maryland State Bar Association Elder Law Section Council and the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center. He is a frequent guest presenter for banks and credit unions, businesses, the financial services industry and other organizations and is on schedule to present approximately 75 times this year regarding his areas of practice. Mr. Elville also provides continuing education for financial advisors and CPAs through Elville and Associates’ bi-monthly Advisors’ Forum series. His daily blog appears on elviilleassociates.com and WBJC.com and his articles have appeared in The Business Monthly.

Stephen R. Elville, J.D., LL.M., and Principal at the estate planning, elder law and special needs planning firm of Elville and Associates, attended the Academy of Special Needs Planners 12 th Annual Meeting held April 12 – 14 in Las Vegas. At Elville and Associates, the firm’s mission is to provide practical solutions to our clients’ problems through counseling, education, and superior legal-technical knowledge, so it is common for Mr. Elville to attend these important meetings around the country to remain on the leading edge of planning and what is new in the world of special needs, elder law and estate planning.  Mr. Elville recently attended the Heckerling Institute for estate planners in Orlando in January, and will be attending the National Academy of Elder Law Attorneys Annual Conference in New Orleans in May as well. While at the Academy’s meeting, Mr. Elville had the opportunity to take part in cutting-edge educational programs designed to help professionals provide the best services for their clients.  He also met with colleagues from all around the country, which enhanced his knowledge and skills, and grew his ability to collaborate with other leading special needs planners. Mr. Elville works with individuals and families to provide a unique attorney-client experience and peace of mind through a proactive and collaborative approach based on leading edge legal-technical knowledge.  Mr. Elville has extensive experience in working with clients involved in crisis situations.  He also brings a unique and personalized approach to pre-crisis planning.  Mr. Elville routinely handles client issues in the following areas:  wills, trusts, estate tax planning, powers of attorney, living wills/advance medical directives, Medicaid asset protection trusts, Medicaid planning and qualification, estate administration, fiduciary representation, nursing home selection, guardianships, special needs planning for children and adults, Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and IRS tax controversy. Mr. Elville was named to the Maryland Super Lawyers List for 2015, 2017 and 2018, and is a member of the National Association of Elder Law Attorneys (NAELA), Elder Counsel, Wealth Counsel, the Academy of Special Needs Planners, and the National Network of Estate Planning Attorneys.  He is the past Chair of the Howard County Bar Association Estates & Trusts and Elder Law Sections and is the past President of the Coalition of Geriatric Services (COGS).  Mr. Elville currently serves as a member of the Maryland State Bar Association Elder Law Section Council, and the Charitable Gift Planning Advisory Committee for Anne Arundel Medical Center (CGPAC).  He also serves as Chair for Law Day Maryland. He can be reached by email at steve@elvilleassociates.com or by phone at 443-393-7696. Authored by:  Jeffrey D. Stauffer – Community Relations Director, Elville and Associates

By: Jeffrey D. Stauffer – Executive Director In June 2017, the Elville Center for the Creative Arts celebrated its three-year anniversary. Founded in 2014 by Stephen Elville, the mission of The Elville Center is to improve the quality of life of children of all ages by providing them the opportunity to learn music theory and application, experience cultural events related to the musical and creative arts, and to use music and the promotion of music-related activities to transcend social and economic divisions. The Elville Center partners with local and regional businesses, non-profit organizations, and school music programs to give the gift of music to children of all ages who want to participate in music but don’t have the means to do so on their own. The Center and refurbishes donated musical instruments, purchases new instruments for programs, provide rental instruments and music lessons for students, funds field trips, and helps organizations develop music programs. Since our spring update, one of the Elville Center’s most exciting new projects is the establishment of a music program for children with autism in partnership with the Howard County Autism Society (HCAS). With the leadership of Executive Director Melissa Rosenberg, along with volunteer parents of children with autism, HCAS’s mission is raising awareness and educating the general public about the complexities of autism. HCAS offers many social activities for children and their families, and this winter the Elville Center is excited to collaborate with Howard Community College and The Music Institute to develop group classes and individual lessons that will bring music to children with autism. Research shows that music and music therapy can be very therapeutic to children with special needs. Along these lines, this program will enhance these young people’s lives by facilitating the joy of music to and for them. The response has been overwhelmingly positive, and our goal is to have this dynamic initiative in place and providing music education and services to children by February 2018. As our past updates have always mentioned, the need for support in Baltimore City’s school music programs is a dire one. The Elville Center has continued to work with its partner schools in the City to help them with their music-related needs, and along the way has continued to discover more needs, such as those at Coppin Academy High School. This public charter high school on the campus of Coppin State University has a music program under the new direction of Jesse Williamson, a Master Teacher of music education. After receiving a request for assistance from Mr. Williamson, the Elville Center responded by facilitating repairs for numerous instruments and providing much-needed trombone and flute cases, along with a strap for the school’s bass clarinet. On a monthly basis, the Elville Center continues to refurbish many instruments that need care so that they may be put into working condition and is actively bringing many donated refurbished instruments to the School, including an alto saxophone, a bass saxophone, a flute, a trumpet, a Yamaha keyboard, and a baritone euphonium (thus far). The Elville Center also helped Mr. Williamson transport an important piano from his previous school to Coppin Academy and arranged to have it repaired and tuned for the new school year. "This year, I transferred to Coppin Academy High School #432, and The Elville Center has been helping me to get many of my instruments repaired and refurbished and ready for my new high school band students. My Band II students have already begun playing their instruments and I am grateful beyond words to the Elville Center for all of their support," said Mr. Williamson.  "Over the years I have spent thousands of dollars of my own money in support of my program, but it is heartening to know that there is an organization that seeks to help teachers like me make a difference in the lives of children who otherwise might not have the opportunity to play an instrument. Coppin Academy is a small public charter school with an urban population of students, most of whom cannot afford to buy an instrument. It is my goal to instill in them a love of music and foster discipline and self-confidence to go on to greater things in life." Another Baltimore City school the Elville Center has just begun to provide assistance to is the K-8 Empowerment Academy. The new music teacher at this school, Marcus Neal, is a teacher the Elville Center has partnered with before at another inner-city school, Franklin Square Middle. The Empowerment Academy encourages arts enrichment for all of its students, which is a unique philosophy for a Baltimore City school. The Elville Center is working to bring recorders, xylophones, and boomwhackers (yes, boomwhackers!) to the music program’s younger students, and as Mr. Neal is working to develop a band for grades 5-8, the Elville Center is working to provide more standard brass and woodwind instruments to the older students. In what is undoubtedly The Elville Center’s most ambitious venture thus far, the Center is now a major sponsor of the Annapolis Symphony Orchestra, a professional orchestra whose home is located near the Annapolis State House in hee historic Maryland Hall for the Creative Arts. The Center will be paying for the bus transportation and tickets for hundreds of children to attend the Annapolis Symphony Orchestra’s “Concerts for Schoolchildren” series. This partnership with the ASO personifies our mission to give children the opportunity to experience extraordinary cultural events related to music they never would have experienced without such outside support. The Elville Center is honored to partner with an organization such as the ASO, one that aligns with our mission and vision so closely, and we are very excited about the impact this sponsorship will make on so many children in the Anne Arundel County community. “Schools in lower-income communities often do not have the resources to afford tickets or transportation to enjoy cultural events outside school,” said Patrick Nugent, Executive Director of the Annapolis Symphony Orchestra. “The Elville Center has made it possible for these schools to attend the Annapolis Symphony’s Concerts for Schoolchildren free of charge, for the first time in our history. Early exposure to classical music can captivate a child’s imagination and bring benefits throughout their education and their life. The Symphony is immensely grateful to the Elville Center for its commitment to ensuring children from all backgrounds can enjoy the pleasures and benefits of classical music.” The projects The Elville Center for the Creative Arts is spearheading right now are all very unique in scope. We are supporting music programs and organizations all over the state – founding new music programs and enriching established ones, and facilitating music-related opportunities to thousands of students! Participants in these programs come from a wide variety of backgrounds – many from disadvantaged situations that need support just to participate in music, and some with disabilities where music therapy can offer so much to enrich their lives. Regardless of background, the one thing these students all share is a strong and enduring desire to participate in music. The Elville Center for the Creative Arts needs your support to further its important work so that these important projects continue to be successful now and in the years to come. The need is great and growing. We need your monetary support to help refurbish instruments, obtain supplies and new instruments, and facilitate cultural learning experiences. We need those instruments you don’t use anymore that are taking up space. We also need volunteers, especially for our upcoming April 2018 Fundraising Event. If you would like to donate or learn more about the Elville Center for the Creative Arts, please visit www.elvillecenter.org, or contact Jeffrey Stauffer, Executive Director, at 443-393-7696, or jeff@elvillecenter.org. And, don’t forget to mark your calendars for Saturday, April 28th, when the Elville Center for the Creative Arts hosts its first annual fundraiser! Details will be forthcoming.

Estate planning for blended families (meaning, in this context, couples in second, third, or later marriages, where one or both spouses have children from outside the current marriage), can present unique challenges. Often, clients think that their preferences are simple, such as “I want to leave everything to my surviving spouse, and anything remaining after my surviving spouse dies will go to my own children.” However, even when the goals seem simple and straightforward, there are additional factors that should be taken into account in order to ensure that no intended beneficiary is left shortchanged by the vagaries of the law, human behavior, and unanticipated circumstances. In cases of second or later marriages and/or children of one but not both spouses, the planning is rarely “simple.” That being said, it is not impossible to accomplish most client goals in a blended family; it merely requires a bit more attention to detail in the planning. What are some of the risks? The following are just a few: Spouse A leaves all assets to Spouse B, with any remaining at death of Spouse B to go to Spouse A’s children. Spouse A dies. Spouse B uses up all assets of Spouse A, while protecting/preserving his own assets. At death of Spouse B, there are no remaining assets to go to Spouse A’s children; all of Spouse B’s assets go to his own children. Same estate plan as above. Spouse A names her adult child as trustee and financial attorney-in-fact, and authorizes distributions during Spouse A’s incapacity to Spouse A, Spouse B, and Spouse A’s children. Adult child, concerned that all assets will be spent by Spouse B following Spouse A’s death, such that Spouse A’s children will not inherit anything, distributes significant assets to himself during Spouse A’s incapacity, such that at death of Spouse A, no assets remain to go to Spouse B. Spouse A and Spouse B intend that all assets will go to all of their children (including children of both and/ or only one of them) after the death of the second spouse to die, but fail to specify what is meant by “my descendants” in their estate planning documents. Accordingly, at the death of the second spouse to die, all assets go only to that spouse’s children and grandchildren, and not the children of the first spouse to die. The common thread in estate planning for blended families is in the details – or lack thereof. And the risks stretch beyond the unintended consequences (whether of benefits or harm) set forth above – there is also a much greater likelihood of disagreement, and worse, litigation, resulting from ambiguity and uncertainty in the terms of an estate plan. As many of us know, an unfortunate truth of most humans is that when money is on the line, trust, understanding, and forgiveness tend to be the first personality traits left at the door. While it is impossible to address every potential issue and guarantee that no disagreements or unintended consequences will occur, the greater the detail that goes into thinking about and drafting an estate plan, the greater the likelihood of a wholly positive, wholly intended outcome. Details to consider include: Incapacity planning – who is being given the authority to access, manage, and distribute assets; what is their level of discretion; and to whom are they authorized to distribute? Post death planning – what is the timing for distribution of certain assets – is it at the death of Spouse A, or only after the deaths of both Spouse A and Spouse B? Who are the beneficiaries – to whom does the term “descendants” refer? Are there separately owned assets that can be designated directly to or for separate beneficiaries? Is it necessary and/or worthwhile to hold the assets of Spouse A’s assets in trust for the benefit of Spouse B, to ensure the ultimate distribution to Spouse A’s intended beneficiaries? Who will be the trustee or financial agent, and what do they stand to gain or lose by taking certain allowable actions? The starting point for successful estate planning for blended families is to engage in a thoughtful, honest, and thorough discussion with your estate planning attorney, your spouse, and your children or other intended beneficiaries. By discussing priorities that are known, and potentially discovering risks and, perhaps, other priorities that were previously unknown, the details vital to accomplishing the goals of the estate plan will become clear. Particularly if each spouse has a different preference for the ultimate disposition of their respective estates, it is imperative to address this in the planning stage, rather than trusting that it will be taken care of, or leaving it to be taken care of, after the first spouse dies.

In December 2017, Elville and Associates was proud to announce that two of its attorneys were recognized by Super Lawyers, a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Stephen R. Elville, Principal at Elville and Associates, was selected to the 2018 Maryland Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is Mr. Elville’s third selection to Super Lawyers, having previously been named to the Maryland Super Lawyers list in 2015 and 2017. Meghan E. McCulloch, Associate Attorney at Elville and Associates, was selected to the 2018 Maryland Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is Ms. McCulloch’s third consecutive selection to the Risings Stars List, having previously been selected in 2016 and 2017. Super Lawyers, a Thomson Reuters business, makes its annual selections using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice areas. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazine and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit SuperLawyers.com. “Being chosen for the 2018 Super Lawyers list is an honor for me and for our firm,” remarked Mr. Elville. “And, along those lines I hope it represents and reflects the good things we at Elville and Associates are doing collectively for our clients and their families.  If so, then I feel confident we are accomplishing our mission.” Mr. Elville, principal and founder of Elville and Associates in 2010, works with individuals and families to provide a unique attorney-client experience and peace-of-mind solutions. Mr. Elville focuses his practice in the areas of estate planning, elder law, special needs planning, asset protection, and tax planning. Mr. Elville has extensive experience working with clients involved in crisis situations. He also brings a proactive, unique, and highly-personalized approach to pre-crisis planning as well. Mr. Elville is widely known for his methodical, education-centric planning approaches, which include the Elville Legacy System (ELS™), Elville Self-Direct Select (ESDS™), and Elville Self-Direct Protect (ESDP™). Mr. Elville routinely handles client matters in the following areas: wills, trusts, estate tax planning, retirement plan benefit planning, asset protection, powers of attorney, living wills/advance medical directives, Medicaid planning and qualification, estate administration, Veteran’s benefits planning, fiduciary representation, nursing home selection and placement, guardianships, special needs planning for children and adults, and IRS tax controversy. Mr. Elville is also the founder of The Elville Center For the Creative Arts, a non-profit corporation; Elville Self-Direct, Inc., a legal education corporation located in Annapolis, Maryland; and Greencrest Productions, LLC, Mr. Elville’s production studio, also located in Annapolis. Ms. McCulloch, upon hearing of her selection, said, “I am proud to have been named to the Rising Stars list for the third year in a row.  This recognition by my peers for the work I do on behalf of my clients is truly an honor.  My greatest joy as attorney is helping my clients through some of the most challenging times in their lives and it is never my aim to do work for recognition, but rather to do work that is worthy of recognition.” Ms. McCulloch joined Elville and Associates in October 2017 after seven years at a Baltimore firm where she was the leader of the firm’s Disability Department. Ms. McCulloch handles claims for Social Security disability benefits, Supplemental Security Income (SSI), childhood SSI benefits, and disabled widow(er) benefits at every level of appeal, from the initial application up to and including representation before the U.S. District Court of Maryland. She has a wealth of experience in addressing the unique needs of individuals and families as they navigate through the disability process. Her work in accepting childhood SSI cases and federal court appeals are unique, as most disability attorneys do not handle these types of cases. Ms. McCulloch also concentrates her practice in the ever-changing and complex area of elder law. As mentioned above, the selection process for Super Lawyers is a rigorous process to find the most exceptional lawyers in their practice areas in each state. We congratulate Stephen R. Elville and Meghan E. McCulloch for their Super Lawyers and Rising Stars recognition for 2018!

By: Jeffrey D. Stauffer – Community Relations Director, jeff@elvilleassociates.com, 443-393-7696 On Saturday, June 4th, 2017, over Fifty Client Care Program members and their families attended the first annual Elville and Associates’ Client Care Program Social Event, held at the Bowie Baysox game at Prince George’s Stadium. Along with field-level box seat tickets to the game, the Picnic Pavilion was reserved for guests, and a picnic fare All-American Buffet was served along with sodas, iced tea, lemonade, and summertime desserts. This summer day for fun did not disappoint! And neither did the home team as the Baysox, the Double-A affiliate of the Baltimore Orioles, won an exciting game over the visiting Altoona Curve in 11 innings, 7-6. Beginning last fall, after much planning and design, Elville and Associates made its Client Care Program (CCP) available to its clients. The mission of the CCP (“planning that works”) is to provide clients with the comfort and assurance that their estate and elder law plans will work no matter how their goals or situations may change over time, and to ensure that planning remains consistent with changes in the laws. To learn more about the CCP and its many benefits, please contact Mary Guay Kramer at 443-741-3635 or mary@elvilleassociates.com. The CCP Social Event represented the second of four scheduled CCP events this year for Elville and Associates, with the third event being our annual Client Education Event held on Saturday, October 28th at the Retreat and Conference Center at Bon Secours in Marriottsville. This year’s topic was “Understanding Healthcare in an Age of Change,” and a superb lineup of guest speakers from Anne Arundel Medical Center (Jan Wood, President of the Anne Arundel Medical Center Foundation, and Barbara Jacobs, Chief Nursing Officer and Vice President of the AAMC Foundation) along with very entertaining Medicare Specialist, Mark Trent, presented with Elville and Associates’ Principal, Stephen Elville. Complementing the presentations, delicious food, door prizes, and gift baskets was music from the Riversdale Chamber Ensemble, a trio of musicians from the Columbia Orchestra, including Concertmaster Brenda Anna, Conductor, Jason Love, and violinist, Paul Li, that filled the room with wondrous musical movements throughout the event. The final CCP event of the year, a comprehensive Social Security Workshop scheduled for December 9, 2017, was rescheduled due to weather, and is now scheduled for Saturday, January 20, 2018, at Anne Arundel Community College. CCP members and their guests will be educated by guest speaker Kurt Czarnowski of Czarnowski Consulting, as he presents “Social Security – A Hit or Myth Proposition”. Mr. Czarnowski, a renowned expert in the field of Social Security for over 34 years, will travel from Norfolk, Massachusetts to present at what is anticipated to be our most widely-attended CCP event yet. Our first Elville and Associates’ Client Care Program event of 2018 will be held in March at Anne Arundel Community College. Details will be forthcoming in February.

By: Guest Contributor Judith Krummeck — Evening Drive Host, 91.5 WBJC What do Robert Schumann, Jean Sibelius, and Igor Stravinsky have in common? Yes, their last names begin with “S,” but it’s more than that. How about Georg Philipp Telemann, Giuseppe Tartini, and Peter Ilyich Tchaikovsky? Again, it’s more than simply a letter thing, or the fact that all six of these men were classical composers. Add to the list George Frideric Handel, Leopold Mozart, and Johann Sebastian Bach’s sons, and it becomes even more interesting. All of them started out studying law. Let’s look at this curious phenomenon chronologically, with a little bit of help from Wikipedia. Georg Philipp Telemann (1681 –1767) became a composer against his family’s wishes, and he was almost completely self-taught in music. He entered the University of Leipzig to study law, but eventually was able to settle on a career in music. Telemann was, and still is, one of the most prolific composers in history. George Frideric Handel (1685 – 1759) was born in Halle to an eminent barber-surgeon who, according to Handel’s first biographer, John Mainwaring, was adamantly opposed to his son pursuing a career in music. However, Handel did receive musical instruction in harpsichord, violin, organ, and oboe, as well as composition. Handel’s father died when his son was a schoolboy of 11. It had been his father’s wish that he would become a lawyer and, perhaps, to fulfill a promise to his father, Handel matriculated at the University of Halle. Although he didn’t enroll in the faculty of law, he almost certainly attended the lectures of the famed jurist, Christian Thomasius. Shortly after starting his university education, Handel accepted the position of organist at the Calvinist Cathedral in Halle, and that marked the beginning of his musical career. Four of Johann Sebastian Bach’s sons became professional musicians, and Bach supervised all of their musical educations. Two of them, Wilhelm Friedemann Bach (1710 – 1784) and Carl Philipp Emanuel Bach (1714 – 1788) enrolled as law students in Leipzig University. (Some believe that Johann Christoph Friedrich Bach (1732 – 1795) also studied law there, but there is no record of that.) In an age of royal patronage, father and sons alike knew that a university education helped prevent a professional musician from being treated as a servant. Friedemann’s first job was as the organist of the St. Sophia’s Church at Dresden, at which point his musical career began. Carl obtained his degree at the age of 24, but never practiced law, instead turning his attention immediately to music. Leopold Mozart (1719 – 1787) is best known today as the father and teacher of his son, Wolfgang Amadeus. From an early age, Leopold sang as a choirboy. At school, he appeared in student theatrical productions as an actor and singer, and became a skilled violinist and organist. His parents had planned a career for Leopold as a Catholic priest, but this apparently was not Leopold’s own wish. He enrolled at the University of Salzburg to study philosophy and jurisprudence. He received the degree of Bachelor of Philosophy, but the following year he was expelled from the university for poor attendance. A year later, he began his career as a professional musician. Robert Schumann (1810 – 1856) is widely regarded as one of the greatest composers of the Romantic era. His father, who had encouraged the boy’s musical aspirations, died when Schumann was 16. Neither his mother nor his guardian encouraged a career in music. Schumann went to Leipzig to study law so that he could meet the terms of his inheritance, writing to his mother, “My whole life has been a struggle between Poetry and Prose, or call it Music and Law.” At 20, he left the study of law, intending to pursue a career as a virtuoso pianist, but a hand injury ended that dream. Schumann then focused his energies on composing. Jean Sibelius (1865 – 1957) was the son of a Swedish-speaking medical doctor who died of typhoid when the boy was three years old. His uncle was interested in music, especially the violin; it was he who gave Sibelius a violin when he was ten years old, and later encouraged him to maintain his interest in composition. After graduating from high school, Sibelius began to study law at the Imperial Alexander University in Finland but, showing far more interest in music, soon moved to the Helsinki Music Institute – now the Sibelius Academy. Pyotr Ilyich Tchaikovsky (1840 – 1893) began piano lessons at five and, within three years, he could sight read music as well as his teacher. His parents were initially supportive of his musical gifts, but decided to send him to the Imperial School of Jurisprudence in Saint Petersburg to prepare for a career as a civil servant. At 19, Tchaikovsky graduated as a titular counselor, a low rung on the civil service ladder, and was appointed to the Ministry of Justice. That same year, the Russian Musical Society was founded with the aim of fostering native Russian talent. The classes that the society offered were a precursor to the Saint Petersburg Conservatory, and Tchaikovsky enrolled at the Conservatory as part of its premiere class, happily putting his civil servant career behind him. Igor Stravinsky (1882 – 1971) was brought up in St. Petersburg, beginning piano lessons as a young boy, studying music theory, and attempting composition. Despite his enthusiasm for music, his parents expected him to study law. He enrolled at the University of Saint Petersburg in 1901, but he attended fewer than fifty class sessions during his four years of study. He had already begun to spend more time on his musical studies than on law, and he started taking twice-weekly private lessons from Nikolai Rimsky-Korsakov. Four years later, the impresario, Sergei Diaghilev, heard two of Stravinsky’s early works, and commissioned him to write The Firebird for the Ballets Russes. The rest, as they say, is history. There are myriad other stories like this about lawyer-musicians, and it begs the question: what is it about the law that lends itself to music, and vice versa? My guess is that it has something to do with the parallels between process and form. In the way that I understand legal argument to be structured around precedent and statutes, so musical composition, for all its creative spark and genius, begins with form – sonata form, rondo form, symphonic form. More often than not, a composer chooses a key signature for a composition, and all the harmonic progressions and key changes are hinged on that home key. Similarly, a legal precedent may be challenged, but it is argued on the basis of what already exists as law. Whatever way you look at it, the legal mind and the musical mind seem often to find a synchronicity. If you are reading this, perhaps you find that too.