Why Do I Need A Will, Living Will and POA?

May 21st, 2010 by admin No comments »

You may have asked yourself the question, “Why do I need a will?”   If so, you’re not alone.  According to a Harris Interactive survey done in 2007, about 55% of all adult Americans do not have a will.  This article will discuss a few of the most basic estate planning documents that everyone should have. 

Will

A will is probably the most important document that you’ll ever sign.  Among other things, it determines who gets your possessions when you die, things like your cars, house and personal property.  If you don’t have one, the probate court will decide who gets your things, and also who will take care of your children.  There may be someone in your family who you would prefer to take care of your children, and there may be someone else who you really DON’T want to have your kids.  These are decisions not to be left to a judge.  A will does NOT determine who gets your IRA’s, annuities, or life insurance death benefits.  Those types of accounts have beneficiaries named on them, and are NOT directed by a will.  In fact, you need to make sure your beneficiary designations are correct.  Even if your will is more current than your beneficiary designations, the beneficiaries named on IRAs and life insurance is who will get that money.

Living Will

A living will is a document in which you state your wishes regarding medical treatment, especially treatment that sustains or prolongs life by extraordinary means (life support).  This document is used when the signer becomes mentally incompetent or unable to communicate (such as a coma).  If you don’t have this document, the doctors are going to keep you alive as long as possible.  It will then turn into a court battle if your family feels that it is better to take you off of life support.  If you are married, your spouse may feel differently than your parents do about it, so then you have a family feud/court battle going (remember the Terri Shaivo case?).  Having this document written up in advance will save everyone a lot of guessing and heartache.

Power of Attorney (POA)

This is a document that is also very important to have.  It gives someone else permission to make financial and legal transactions in your behalf.  So obviously, your POA needs to be someone that you trust very much.  It can either be a Durable POA, which means that person can sign things for you at any time, or a Springing POA, which means that it only comes into effect if you become incapacitated.

These are a few of the most important legal documents that are important for everyone to have.  For these simple documents you can use a website like www.legalzoom.com or even an off-the-shelf software like Quicken Willmaker Plus 2010  for under $50.  However you get them done, the most important thing is just GETTING THEM DONE!

Investing Is Like Losing Weight

May 19th, 2010 by admin No comments »

Losing weight is pretty simple, right?  Eat less and move more, and you’ll lose weight.  So if losing weight is so easy, then why are so many of struggling to lose our extra pounds? 

In a similar way, investing in the stock market is pretty simple too.  Buy stocks or stock funds and hold onto them for 20 years.  History has shown that if you just do that, you’ll make money and be successful.  Well if its that easy, then why do so many people end up with investment returns far below the overall market?

Maybe the answer to both questions is about the same.  The answer is, “It’s not as easy as it sounds.” 

When it comes to weight loss, there are a lot of road blocks that make it hard to be successful.  Just to name a few:  chocolate, oreos, ice cream, enormous serving sizes at most restaurants, and a busy schedule that makes it hard to find time to exercise.

When it comes to investing, there are just as many road blocks that keep most people from staying ahead of the market.  Here are a few of the main things that stand in investors way:

1.  Emotions.  Emotions are one of the main drivers of stock market prices.  But your emotions can also be one of your biggest road blocks.  The specific emotions I’m talking about are fear and greed.  When the market is up 70% like it’s been in the last year, people’s greed leads them to buying more and more, even at sky high prices.  This additional buying can push the market higher for a time, but eventually the steam runs out and it goes back down.  Then when the market it way down and people are losing money, their fear kicks in and tells them to sell before they lose it all.  All the selling pushes prices down further and faster until the selling runs out of steam, and then it heads back up again.  I can’t tell you how many people have said to me, “When I buy something it goes down, and when I sell something, it goes up.”  If this seems to happen to you a lot, then your emotions may be getting the best of your investments.

2.  Conflicts of Interest.  Many of you have heard me talk about this before, but I feel that it’s a big enough road block that I’m going to keep talking about it, sorry. :)  Investors out there are getting a lot of advice from commission driven brokers and insurance sales people.  Most people want to believe that others are honest and will in turn trust the advice they are given, especially when it’s coming from “an expert”.  But what they don’t realize is that “expert” may have a sales manager looking over his or her shoulder making sure that he or she is meeting the company’s sales goals.  Often, the pressure to sell, and the commissions that are paid, are too much for an advisor to resist when it comes to giving advice.  What ends up happening is the client gets “sold” something that is in the best interest of the broker/advisor, and not in the best interest of the client.  For this reason, it’s EXTREMELY important that as an investor, you ask for full disclosure of potential conflicts of interest your advisor may have.  Is he getting a commission from the sale?  Is there an incentive trip involved with the sale of this product?  Is he or she required to meet certain sales goals each quarter or year?  I’m not saying these things are bad.  I’m just saying that if you are aware that there are possible conflicts of interest, you will be more inclined to do some more homework or ask for a second opinion before you make a decision.

People can lose weight, and they do.  Studies have shown that people are more successful at losing weight when a close friend, family member or coach is helping to remove the obstacles in your way.  People can also be successful investors in the stock market.  Having a trusted advisor who can help you control your emotions, and who has your best interest in mind will help eliminate the road blocks that stop you from achieving your goals.

Is Long-Term Care Insurance A Rip-Off?

May 3rd, 2010 by admin No comments »

If you have ever thought about buying long-term care insurance for yourself or someone else, this is a question you’ve already asked yourself.  I know this because it’s a question that many of my clients have asked me and one that I’ve asked myself too.  Is it really worth it to buy long-term care insurance?

The biggest fear that we all face with regard to long-term care insurance is, if you end up not needing it (which you hope that you won’t) then all your insurance premiums have gone down the drain.  So when you buy long-term care insurance, you’re betting that something bad is going to happen to you, but at the same time hoping that it doesn’t.  But that’s the reality of buying any kind of insurance.  It’s protection against a risk that could potentially damage your financial well-being.

A New Way To Protect Yourself

A few years ago, insurance companies started developing a new type of protection against the risks of long-term care that eliminate the biggest fear people have about buying insurance for it.  That is, the fear that if you end up not needing long-term care, you’ve wasted your money.  This new type of protection is called “Asset-based” long-term care benefits.  The concept is very simple, and yet very different from paying traditional long-term care insurance premiums.

Asset Based Long-Term Care Benefits

This type of protection combines a deferred fixed annuity with build in long-term care benefits.  A deferred fixed rate annuity is a financial planning tool that can help you save more money for retirement.  It earns a fixed rate of interest and grows tax-deferred until you start taking income payments from it.  And, in addition to helping you save more money, it can provide you with up to three times the annuity value in long-term care benefits if you need them.  This will help preserve your other hard-earned assets while it pays for up to 6 years of long-term care.  It will also protect your spouse and children from the emotional, physical, and financial toll of caregiving.  And with it, you have a choice of care options which include in-home care, assisted living, adult day care, homemaker services, personal care, respite care, hospice care, and nursing home care.

What If You Don’t Need The Care?

If you end up not needing any of this type of care (which is a very good thing), your money is not gone or wasted.  In fact, this is the best part of this type of long-term care protection.  If you don’t need the care, you’ve still:

1.  Earned a guaranteed rate of interest on your savings

2.  Taken advantage of tax-deferred growth (this will be more important as tax rates go up)

3.  Had access to your principal through partial withdrawals or lifetime income options

4.  Had a death benefit for your beneficiaries that is equal to the annuity value at the time of death

5.  Avoided probate on these funds

The chances of a 65 year old person needing some type of long-term care during retirement is very high, above 50%.  And the cost of this care is very costly.  The average nursing home in our country today costs about $5000 – $6000 per month, depending on where you live.  This can eat up a retirement nest egg in no time at all.  But still, many people hesitate to pay the premiums each month for traditional long-term care insurance.  You can see that the benefits of asset-based long-term care are many.  You have the protection if you need it, and if you don’t need it, you get all your money back.  I think everyone should consider puting part of their “safe money” into one of these types of vehicles.

If you would like more information on this, and other types of asset-based long-term care protection, please contact us today.

Should I Hire A Money Manager?

April 23rd, 2010 by admin No comments »

Many people wonder if it would be worth it to hire a professional money manager.  Managing your own money isn’t exactly rocket science, but there are many pitfalls that can get you into trouble.  Working with a professional can help you avoid many of these dangers.  Here’s a couple of the big ones, and then a short test that everyone should take:

Emotional Investing

Investing according to your gut is one of the most dangerous things you can do.  When the market it way up and you see double or triple digit returns, your gut tells you to buy.  When the market is tanking into the abyss and you’re losing lots of money, your guts tells you to sell.  So if you follow your gut, you’re buying HIGH and selling LOW!  I can’t tell you how many hundreds of people have told me they do just that!  A money manager can take some of the emotions out of the process, or talk you away from the ledge, and hopefully avoid this common trap.

Chasing Returns

This is really related to emotional investing, but it happens more often.  You look at your holdings and the Morningstar reports on the funds you own.  You see that you have some dogs (1, 2, or 3-star funds), and you decide it would be better to buy some 5-star funds.  So you sell your dogs and buy some hot funds that have been way up in the last year.  Seems like the right thing to do, right?  Wrong.  What you’re really doing here is once again, selling LOW and buying HIGH.  You’re selling something that has underperformed the market, and buying something that is already way up and has been outperforming the market.  Things go in cylces.  A money manager can help you construct an all-weather portfolio.

The Test

I call this the money management T-I-R-E-D test, to help you decide if you’re tired of managing your own money.

T – Time.  Do you have the time it takes to properly manage your money?  Doing investment research, evaluating your holdings, calculating rebalancing changes, making the changes, keeping up with tax law changes, updating beneficiaries and account information, reviewing your insurance holdings…it all takes a lot of time, and time is money.

I – Inclination.  Do you really enjoy managing your investments?  Most people would rather eat shards of broken glass than read a mutual fund prospectus.  You really can’t blame them, they are written by attorneys.  But even if you do enjoy researching and reading about investment products, trends and strategies, is it really what you want to do with your free time?  Or would you rather be playing golf, working in the garden, watching your kid play a sport, or spending time with the grandkids?  No matter what it is, if you don’t like doing it, you probably won’t do it.  And your investments are something you really should not ignore.

R – Research.  Do you feel that you have access to the kinds of research that you need to manage your money most effectively?  Reports from Morningstar, Lipper, Standard & Poors can be costly and not easy to come by.  Professional money managers also have access get on conference calls with best mutual fund managers and ask them questions about thier funds.  Having all the right information can make a world of difference.

E – Expertise.  Do you have enough expertise in the investment world to effectively manage your money?  Everyone has an area of expertise, and it makes sense to leverage your own, and others areas of expertise.  You wouldn’t hire a plumber to fix your car.  Nor would you pay your dentist to put a pool in your backyard.  A good professional money manager will easily pay for himself with the money he can save you in taxes, fees, penalties, not to mention the extra returns he can put in your portfolio.

D – Discipline.  Do you have the discipline it takes to strategically manage your own money and stick to a plan?  This one relates in part to the emotional investing discussed earlier.  It’s easy to stick to a plan when the market it up.  But when things are crazy, having a level-headed money manager to stand by you and help you makes all the difference.  To become financially independant, it takes time  and the dedication to follow a disciplined strategy.  Having someone to keep you accountable and make sure you stick to your plan can really help.

If you answered NO to any of these questions, then it would be good idea for you to find a money manager whom you could work well with.  The annual fee that you would pay them to help you with this most important task will be well worth it.  I have found in my 15+ years of doing personal financial planning, that I can usually increase a clients returns by at least 2-3% even after my fee comes out.  But the best part for the client is that they no longer have to worry about it at all.

Taxes Are Going Up In 2011

April 9th, 2010 by admin No comments »

With tax day a week away, I thought it would be a great time to start looking ahead to 2011.  I don’t think anyone out there would say that they enjoy their low tax rates.  But the reality is, after this year, we’ll all be wishing we could go back to the taxes rate days of 2001 through 2010.  There will be several changes to our tax rates as the Bush tax cuts of 2001 and 2003 expire.  Unless changes are made by Congress, we will be going back to the tax rates prior to 2001.

Currently the tax brackets are 10%, 15%, 25%, 28%, 33%, and 35%.  The new tax rates in 2011 will be 15%, 28%, 31%, 36%, and 39.6%.  So basically everyone will be paying more in taxes, no matter what your income will be.  We don’t know yet exactly where the income tax brackets will cut off, but if we use the 2010 rates and adjust for inflation, it will likely look like something this:

 

Tax Bracket Married Filing Jointly Single
15% Bracket $0 – $70,040 $0 – $35,020
28% Bracket $70,040 – $141,419 $35,020 – $84,872
31% Bracket $141,419 – $215,528 $84,872 – $177,006
36% Bracket $215,528 – $384,860 $177,006 – $384,860
39.6% Bracket Over $384,860 Over $384,860

 

Capital gains taxes

Income tax rates are not the only thing that will be going up.  Currently we pay 15% taxes on long term capital gains (held more than a year) or 0% if your income tax bracket is 15% or less.  Starting in 2011, the long term capital gains tax rate will be 20% instead of 15%, and those in the lowest tax bracket will pay 10%.

Stock dividends

Currently we are paying a 15% tax rates on qualified stock dividends.  Starting in 2011, stock dividends will be taxed at whatever your income tax rate is.  This will be a drastically higher rate for many people who rely on stock dividends for income.

What should you do?

There are a number of things you can do this year to help reduce your tax bill in 2011.  For starters, if you have the ability to take additional income in 2010 that you would normally take in 2011, you should do so.  This will mean that you’ll pay taxes on it at much lower rates.

Second, if you are thinking about selling any stock, mutual fund, or bond positions, you should do it before the end of the year.  This will allow you to pay capital gains taxes at rates that are at least 33% less than they will be next year.

Third, if you would normally make a charitable donation at the end of 2010, and you can wait until January 1, 2011, it may benefit you greatly to do so. 

And last, this would be the ideal year to consider making some tax efficient shifts to your investment portfolio.  This could include doing a Roth conversion of part of your IRA (at much lower tax rates this year), and/or shifting more of your money to tax deferred vehicles like annuities.

Talk to your personal financial planning advisor about things that you can do to prepare for these higher tax rates.  Doing so will help you pay less to Uncle Sam and put more in your pocket.  Of course you can call us for a free consultation about how to reduce your income tax exposure at 1-866-983-4222.

Special-Needs Financial Planning

April 6th, 2010 by admin No comments »

Personal financial planning for families with special-needs members is becoming more and more crucial.  According to the 2000 U.S. census, one in five people in this country ages 5 to 64 have some type of disability.  The number of people with disabilities is growing.  No one knows if this is due to more accurate diagnosis, or something in the environment, or both.  For example, autism, once considered rare, now is diagnosed in one out of 125 births – and one out of 70 boys!  People with disabilities are living longer and more productive lives, which means they need more long-term care.

Challenges

Many parents of disabled children are not sure of the best way to plan for their family’s needs.  Two of the biggest challenges these family’s face is first, how much money will be needed to care for their child; and second, who will take care of the child when the parents are gone.  Family members often feel that the best thing they can do is to open an account in the disabled childs name and put as much in it as possible.  While it is wise to save as much as you can for this person, having it in their name can cause problems when you later try to apply for Social Security, Medicaid, and all kinds of other social programs that are available to them.

Most people with disabilities cannot get their own health insurance.  If they are able to buy it, it’s very expensive and will come with pre-existing conditions exclusions.  The maximum coverage amounts are also often too low.  Because of this, many of these people end up having to apply for Medicaid.  With Medicaid they lose the ability to see any provider that they want to, and they often can’t go to the specialists that they really need to see.

Solutions

If you have a special-needs family member, the first thing you should do is to sit down with a financial advisor who is familiar with this type of planning.  This type of personal financial planning involves a mix of social work, life coaching, and finances.  It will also involve working with a special-needs attorney to draft the proper documents that will protect your loved one and your resources.  A good attorney like this will be able to give a lot of direction on things you can do to protect your family.

How To Save Money On Your Healthcare

January 11th, 2010 by admin No comments »

healthcareThese days, you really need to be shopping around for your healthcare and low cost health insurance just like you do for any other purchase. When you buy a new computer, you probably don’t walk in to the nearest store and buy what’s on the shelf.  You check several stores, and maybe even check on-line to find the best price for the exact same product that you plan to buy.

Many people don’t realize that you can, and should do the same thing for healthcare related services and low cost health insurance.   The reason most people don’t think of this is that for most services you receive, you just pay a co-pay and that’s it.   Once you pay your co-pay, you don’t really care what it costs, and neither does the doctor.   In fact, the doctor has more than one incentive to perform as many tests and scans as possible.  The more he does, the less likely he is to get sued by you, and the more money he makes.  However, depending on where you receive the service and how it’s billed, may be covered by a co-pay, or it may go towards your deductible (which means you’ll have to pay for it out-of-pocket).

Let me give you a recent PERSONAL example of this.

My wife was told by her doctor that she needed to go have a CT scan done.   The doctor scheduled the appointment for her at an imaging center owned by the same hospital network that he worked for.   Now this was after we had told him that we wanted to have to test covered by a co-pay if possible, and not have it go towards our deductible.   We also told him that she had previously had some imaging done at a certain center where we knew it was covered by a co-pay.   We thought that was the place he had scheduled the appointment. When we arrived at the imaging center for her appointment, she was not on the schedule. They made some phone calls and found out that she was scheduled at another nearby imaging center, the one owned by the same hospital network that my wife’s doctor was in.   So we went over there and spoke to them, and found out that if she had the scan done there, it would go towards her deductible and would cost us about $2,000 out-of-pocket.   But if she had the scan done at the other imaging center that was not part of that hospital network, all it would cost us is a $15 co-pay.  What a difference!

This is why I am writing a blog post about saving money on healthcare on this LDS advisor personal financial planning site.   Health care costs have become a huge part of a person’s finances, and it’s very important for everyone to understand how to save money on these services. The more you can save on healthcare and on low cost health insurance, the more you’ll have to pay off debt or invest for you future retirement.  Healthcare professionals and hospitals are running businesses, and are trying to make them as profitable as possible.  This recession is hurting the healthcare industry just like everyone else.   Because of this, you really should not assume that your doctor is going to always act in your financial best interest. You need to take responsibility to do your homework and shop around to make sure you’re getting the best possible price for the service you will receive.

The fact that the same service could cost your either $2,000 or $15 depending on where you get it is ridiculous and should tell you that there is a lot of work to be done to straighten out our healthcare system.  That would take a whole other web site to cover that topic.  Maybe doctors need to start being worried about getting sued for charging a patient $2,000 for a scan when it could have been done for a $15 co-pay.

How To Spot An Investment Scam

October 20th, 2009 by admin No comments »

investment-scam

Today we live in a complex world full of investment opportunities.  Many of them are very good, but many are investment scams.  It has become very difficult for even experienced investors to recognize when one of these opportunities is legitimate, and when it’s a fraudulent scam.  It seems that everywhere you look, you’re presented with some kind of investment idea.  Solicitors may attempt to contact you via, telephone, U.S. mail, television, internet or email.  In personal financial planning there are a few “red flags” to watch out for that will help you avoid investment scams.  There are also some easy ways for you to “check-out” or verify that an investment opportunity or solicitor is safe to deal with.  Don’t be fooled into thinking that just because the person is an LDS financial advisor that it’s safe to work with them.

Red Flags

We’ve all heard the timeless admonition, “If it sounds too good to be true, it probably is.”   While this is great advice, it can be hard to know the difference between “good” and “too good”.  Investment fraudsters make their living by making deals sound both good and true.  Here are a few tactics to watch out for:

  •  The “Phantom Riches” Tactic — dangling the prospect of wealth, enticing you with something you want but can’t have. “These oil wells are guaranteed to produce $5,500 a month in income.”
  • The “Source Credibility” Tactic — trying to build credibility by claiming to be with a reputable firm or to have a special credential or experience. “Believe me, as a senior vice president of XYZ Firm, I would never sell an investment that doesn’t produce.”
  • The “Social Consensus” Tactic — leading you to believe that other savvy investors have already invested. “This is how ___ got his start. I know it’s a lot of money, but I’m in — and so is my mom and half her church — and it’s worth every dime.”
  • The “Reciprocity” Tactic — offering to do a small favor for you in return for a big favor. “I’ll give you a break on my commission if you buy now — half off.”
  • The “Scarcity” Tactic — creating a false sense of urgency by claiming limited supply. “There are only two units left, so I’d sign today if I were you.”

Other signs to be cautious of would include:

They want you to make an immediate decision.  If they are calling you, they might even have a courier in the neighborhood ready to pick up your check right then.

  1. Calling it a “guaranteed” investment, with little or no risk, or “as safe as a bank CD”.  (Keep in mind that I’m talking about securities here, not insurance products like fixed annuities or life insurance).
  2. Recommendations based on rumors, tips, inside information or an unannounced breakthrough.
  3. Recommendations based on the seller’s ability to predict future events.
  4. Requests for your credit card number for any reason other than to make a purchase.  Requests made for “identification purposes” or “verification purposes”.
  5. Unwillingness to provide written information, state securities registrations, or verifiable references.
  6. Investment opportunities in another country or that involve an offshore bank.
  7. Unwillingness to let you discuss the investment with a third person.  Many times they want you to keep the investment a secret.
  8. They might send out account statements or letters that are not on company letterhead.

Check out the seller

Ask the person if they and their firm are registered with FINRA?  The SEC?  A state securities regulator?  If so, which ones?  And then, verify the answers.  To check the background of a broker, use FINRA BrokerCheck or call 800-289-9999.  For an investment advisor, use the SEC’s Investment Adviser Public Disclosure Web Site.  Many advisors today are not securities licensed, nor are they Registered Investment Advisors.  In this case they may be licensed to only deal with insurance products like fixed annuities and life insurance.  You can check out these advisors with your state insurance department to see if anyone has filed complaints against them, etc.  And it’s always a good idea to check out some of the person’s references too.

Check out the investment

Ask the person if the investment is registered with the SEC or with your state securities regulator.  Then use the EDGAR database of company filings to confirm what the salesperson is telling you.  Also call your state securities regulator to find out what they know about the company.  Call a few of the company’s big customers and suppliers to make sure that they are really doing business together.  If the investment is an insurance product it would not be registered with the SEC or state securities regulators, and you would need to check with your state insurance department.  They will have a list of insurance companies that are licensed to do business in your state.  Make sure the company is licensed, and then check out their financial strength ratings through A.M Best, Moody’s or Standard & Poors.

There are many legitimate investment opportunities, and legitimate sales people out there who want to help investors.  But unfortunately there are also those who would take advantage of you.  And as we have seen in recent happenings, it’s often difficult to tell the difference between the two.  When it comes to making a new investment, it’s always best to listen to your instinct, and not rush into anything.  A good deal will still be a good deal tomorrow.  And there is always plenty of time for you to do research to make sure you’re dealing with a good source.

Even an LDS financial planner may give in to the temptation of selling investment scams.  Please, don’t assume anything.

Plain English Crusade

October 5th, 2009 by admin No comments »

This was just a great story in the Wall Street Journal today, and I couldn’t agree more. Everyone in the personal financial planning community could benefit by using less jargon, and speaking more plain english!

maher.nowNEW MILLS, England — A few months ago, 71-year-old Chrissie Maher got a mailing from her bank titled “Personal and Private Banking — Keeping You Informed.” Baffled by its blizzard of terms such as “account facility limit,” Ms. Maher replied in simpler language.

“The leaflet needs much more thought if it is to be understood by your customers,” she said in a letter to Royal Bank of Scotland Group PLC. “As it stands, it should be renamed ‘Keeping You Confused.’ ”

After critiquing the pamphlet’s “tortuous and ambiguous sentences,” she redrafted it, changing terms like “maximum debit balance” to “the most that can be owed.”

RBS may have picked the wrong woman to target with financial mumbo jumbo. Ms. Maher is the founder of the Plain English Campaign, a 30-year-old group whose stated goal is to stem “the ever-growing tide of confusing and pompous language” that “takes away our democratic rights.”

Over the years, Ms. Maher and her group have battled police agencies, expansion planners at Heathrow Airport, and the “frequently bizarre language” of the European Union. (At issue: phrases such as “unlock clusters,” “subsidiarity” and “sector-specific benchmarking.”) She has blasted local government on the use of “worklessness” to refer to unemployment and once attacked the president of the U.K. Spelling Society over his claim that the apostrophe is “a waste of time.”

Now a grandmother of 11 who works out of a small farm in the hills outside Manchester, Ms. Maher is focusing on the current scourge of financial jargon.

In Plain English

Examples of Plain English’s suggested changes to government and business financial jargon:

From U.K. tax regulations:

Before: “The revocation by these Regulations of a provision previously revoked subject to savings does not affect the continued operations.”

After: “If a provision (requirement) which would have produced savings has been revoked (cancelled), it does not prevent the savings being made in another way.”

From the small print on a bank account agreement:

Before: “Interest earned on balances of less than £50,000 will be paid subject to tax status. Interest on balances of £50,000 or more will be paid without the deduction of tax.”

After: “We will pay interest on balances of less than £50,000 depending on your tax circumstances. We will pay the interest on balances of £50,000 or more without taking tax off.”

From a bank customer mailing:

Before: Without prejudice to condition 2.1 (b), the maximum debit balance allowed on each account is the cardholder credit limit.

After: The most that can be owed an each account is called the cardholder credit limit.

From a typical government document:

Before: “If there are any points on which you require explanation or further particulars we shall be glad to furnish such additional details as may be required by telephone.”

After: “If you have any questions, please phone.”

– Source: Plain English Campaign

“Families are losing their homes because of jargon-filled credit agreements,” says Ms. Maher, an energetic presence in a crocheted sweater and eyeglasses. “Language has been misused and has contributed to the economic disaster.”

An RBS spokesman acknowledged that the wording in the mailing sent to Ms. Maher “was not as clear as it might have been,” and that as a result of her letter, the bank is taking steps to improve the clarity of such pamphlets.

But Ms. Maher says specific regulation is needed. Earlier this year, she wrote to Prime Minister Gordon Brown urging that regulatory bodies such as Britain’s Financial Services Authority establish standards of “plain English” for banks and businesses, and fine them for “churning out…incomprehensible gobbledygook.” A spokesman for Mr. Brown’s office declined to comment on the prime minister’s correspondence.

The U.S. Securities and Exchange Commission codified good writing in 1998 with its Securities Act Rule 421(d) — or in plain English, the “Plain English Rule” — which applies to the cover page for a prospectus. The rule outlines six principles for good writing, including using the “active voice” and not using “multiple negatives.”

In July, Ms. Maher’s group testified before a Parliament committee holding a public hearing on language use in government. Members of the public submitted complaints over what one called “eye-wateringly arcane” language such as “conventional procurement” and “optimism bias” used to describe government financial initiatives. Another lamented the use of the word “investment” when the government means “spending.”

While the clear-language campaign has worked over the years with banks and insurance companies, it was the financial crisis that sent Ms. Maher into the deep weeds of complex financial terms. Her team has sought to crack the meaning of tough nuts like collateralized debt obligations, or CDOs, seeking to break their code by isolating their elements: “We are not pretending that a Plain English definition of CDOs would have saved us from recession,” Ms. Maher’s Web site says. “This is the plain English attempt at defining what is at the heart of CDOs: Collateralized debt obligations are commitments to repay debts that are secured on assets.”

She has also put together a glossary of financial buzzwords including “asset sweat” (making assets work harder and more efficiently). She was initially mystified by the U.K. government’s term “quantitative easing” — the central bank’s effort to put more money into the economy.

“It sounded like something heavy was moving, but what and where?” she says.

Some people think the financial industry has been making a better effort than Ms. Maher gives it credit for.

“I have observed institutions trying very hard over the last 20 years to avoid jargon,” says Chris Higson, a visiting associate professor of accounting at London Business School. But he acknowledges that “there is something about banking and financial services that goes deep to consumers’ sense of anxiety.”

maher.1979Ms. Maher grew up poor and often hungry in Liverpool and didn’t learn to read until she attended night school at the age of 15. But she says her background motivated her to help ordinary people intimidated by high-level language. “I know what it’s like to feel isolated because of words,” she says.
She began campaigning for clear language in the early 1970s, when she saw that impoverished people in Liverpool were having trouble deciphering benefit forms. She formally started the campaign in 1979, and achieved a success in the 1980s when the government agreed to rewrite thousands of forms.

The group became known for its “Golden Bull” awards for the worst examples of official jargon. Past winners have included a definition from the U.K.’s financial-services watchdog that read, “An unsolicited real time qualifying credit promotion is a real time qualifying credit promotion which is not a solicited real time qualifying credit promotion.” Another winner: a sign at Gatwick Airport saying “Passenger shoe repatriation area only.”

This year, a front-runner is a 102-word sentence issued by a police chiefs association containing phrases such as “authentic answerability” and “amorphous challenges.”

“Amorphous challenges — is that wrestling with a jellyfish, maybe?” the Web site asks.

Soon after founding the campaign, Ms. Maher hired a team of editors and launched a consulting and training service for businesses. Profits go to fund the group’s advocacy activities. Ms. Maher lives on her pension and salary from the campaign’s training and consulting activities.

Ms. Maher also fields questions in the small town of New Mills. About a week ago, a 16-year-old rode his bicycle up to her farmhouse because he wanted to open a checking account but was thrown by terms in the bank’s pamphlet such as AER — or annual equivalent rate, which is an interest rate with annual compound interest.

At a recent gathering for tea and cookies before church, Ms. Maher said, a woman came up to her waving a letter “with minuscule print” about her mortgage and asked for help understanding it. Ms. Maher said it had so many footnotes, asterisks and crosses, “it looked like a game of snakes and ladders and you needed a magnifying glass.”

Some, she says, have given up on banks entirely: “One older lady I know, she took her money and put it in a plastic bag and buried it in the garden.”

—T.W. Farnam contributed to this article.

Write to Sara Schaefer Muñoz at sara.schaefer@wsj.com

The Perfect Storm – Part 3

September 30th, 2009 by admin No comments »

south-pacific-tsunamiWe saw today the effects that a tsunami in the south pacific can have on a civilization, which can be devastating.  My heart goes out to these people and I pray that the people affected will be ok.  I know that there are many LDS families in Samoa.  My great, great grandfather joined the church while living in Samoa many years ago.

Much like this tsunami has had a crushing and devestating impact on people’s lives in Samoa, the financial tsunami now known as the great recession is currently upon us all.   The factors that caused this recession were like the earthquake that caused the tsunami.  Once the earthquake happens, that wave is coming at you no matter what.  And there is nothing anyone can do to stop it.

This is the last of a 3-part series in discussing the factors that have contributed to this great recession we are in.  You can view Part 2 Here. and you can view Part 1 Here. 

When doing personal financial planning with an LDS financial advisor, you have to take steps to prepare yourself for these types of economic situations.  They kinds of things are sure to happen again in the future, and you can start preparing yourself now for it.  I would welcome any comments you may have about this topic.

Today I will discuss the last 3 factors that I feel have contributed to this current recession, which are:  Credit default swaps, unemployment, and the stock market.

Credit Default Swaps

This is something that most of you had probably never heard prior to this mess.  In my 15 years of personal financial planning, I had never heard of them until a few years ago.  A credit default swap is similar to an insurance policy that is supposed to protect the buyer from losing money.  A credit default swap (CDS) is a swap contract in which the buyer of the CDS makes a series of payments to the seller and, in exchange, receives a payoff if a credit instrument (typically a swap or loan) goes into swap (fails to pay). Less commonly, the credit event that triggers the payoff can be a company undergoing restructuring, bankruptcy, or even just having its credit rating downgraded.

There are some differences between a CDS and real insurance though.  With insurance, the buyer of the policy typically has some insurable interest such as owning the debt that he is insuring.  With a CDS, the buyer doesn’t even have to own the security.  Sellers of CDS’s do not need to be regulated entities, and do not have to keep reserves to pay off buyers.  However, major CDS sellers are subject to bank capital requirements.

One of the largest sellers of CDS’s was AIG, and they were selling a lot of them that were designed to insure against losses in mortgage securities.  When the mortgages started to blow up, everyone was coming to AIG to get paid, and they couldn’t pay them.  They didn’t have enough money to pay everyone they had sold them to.  You all know how the government stepped in to bail them out and cover their losses with tax payer dollars.

Unemployment

This is always a part of a recession, as businesses struggle and close up shop, people lose jobs.  As they lose jobs, they have less money to spend.  Since most of our economy stands on the back of consumer spending, more businesses start to struggle.  Then more businesses start to make cutbacks, and more jobs are lost.  It’s a downward spiral that won’t stop until things finally hit bottom and equalize.  In August 2009, the unemployment rate rose to 9.7% with 14.9 million people being unemployed.  Since this recession started in December 2007, the number of people who are unemployed has risen by 7.4 million and the unemployment rate has risen 4.8%.  So this is obviously affecting a lot of people, and you can see why there is so much less money being spent by consumers.

Stock Market

Some people may think that the stock market crashing causes recessions to start, and that recoveries make them end.  While there is definitely a correlation to the performance of the stock market and the economic cycles, the market doesn’t really cause recessions to start or end.  I would say that instead, the stock market is a good indicator of where we are at in an economic boom or recession.  There is certainly a relationship between the two.  The stock market peaked in November 2007.  When markets near high points, you might be surprised to know that those are the times that more people are adding new money into the market.  Stock mutual fund in-flows usually peak at about the same time that the market is peaking.  And when the market bottoms out, that’s when most people are taking money out of the market.  That’s just the time that you should be putting money back in.  But psycologically, it’s very difficult for someone to sell their stocks when they’re hitting highs, or buy them when they’re hitting lows.

This peaking out of the stock market in late 2007 was just another sign that a big correction was coming.  And there was nothing that anyone could do to stop it.

People ask me all the time, “Mark, why is it that when I buy something it goes down, and when I sell it, it goes back up?”  It’s really very strange how this happens to almost all individual investors.  This is one major benefit to hiring a professional money manager to help you manage your investments.  That person can take a lot of the emotion out of the investment process which helps them to do the opposite of what your gut tells you to do.  As the market hits highs, your advisor can take profits and rebalance your portfolio to protect money that you have made.  Then, when the stocks decrease in value, he or she can add more money to them at the the time when you should be buying more.