Ideas. Lessons Learned, and Occasionally, Opinions
When a client or colleague receives serious diagnosis or needs to undergo surgery, chemotherapy, or other treatments, people often rally around with support. They offer to bring food, provide rides to doctor’s appointments, watch the kids, etc. While grateful for all the offers, most people are still overwhelmed by trying to keep their network informed of medical progress, juggling responsibilities at work, and coordinating the needed help, all in the midst of the intense emotional and physical drain of the situation.
You can help alleviate that stress. There are several ways you can provide support that is different than what most people do. For example,
Spare your client or colleague the legwork by providing resources like these. Depending on your relationship, you may even wish to participate in offering practical help to the family. Regardless, let them know you care by providing concrete assistance at a tough time
When we talk about medical decision-making, especially in the later stages of life, there is a huge disconnect in our society between attitudes and implementation.
In fact, according to the American Journal of Preventive Medicine, only 26% of Americans have living wills or advance directives, even though 86% says it’s important to have their wishes written down.
As a financial professional who cares about your clients’ lives and the impact of healthcare on their finances, make it a part of your practice to recommend advance directives for every client, and offer the following basic information as a guide.
In broad terms, an advance directive is any document that allows a person to state “in advance” how they wish to be treated if they are unable to make those choices themselves. The most common advance directive is a living will. Contrary to what many people think, living wills do not have to limit treatment or “pull the plug”; they can also be used to request every medical intervention available. It is up to your clients to state what they wish.
Also, if someone is conscious, capable of making decisions, and able to sign permission forms, there is no need to consult the living will. Living wills only take effect when a patient is unconscious, demented, in the recovery room after surgery, highly medicated, or otherwise incapable of making their own decisions.
Rather than a cursory document with a couple of boxes checked off, the living will ideally is the clearest description possible of that person’s desires. Clients often list their wishes based on various situations, as they may want different treatments when imminently dying of cancer than when in a coma from which recovery is likely. Because perspectives change with age and state of health, these documents should be revisited at least once a year.
The advantages of living wills:
Common problems of living wills:
Just because there are a number of valid concerns about living wills doesn't mean that financial advisers should discourage their clients from creating the documents. Instead strongly encourage clients to write their desires as clearly and specifically as possible.
Some of these concerns are addressed by another form of living will. Consider giving your clients a form called The Five Wishes. It is available at www.agingwithdignity.org for $5 per copy, or $1 per copy when purchased in quantities of 25. It’s a very inexpensive way to provide real value to clients and their families.
The form includes everything found in a standard living will from the states. It also includes one legally binding part: The appointment of power of attorney for healthcare. Additional directives include comfort measures a person desires in their room (music, lighting, blankets, religious items), messages to leave with loved ones, and wishes for services. It is a more comprehensive form than the states provide, and almost all states accept it in lieu of their standard form. The only exceptions are AL, IN, KS, NH, OR, OH, UT, and TX, which accept it as long as it is attached to that state’s standard form.
In other words, The Five Wishes is a more complete form that addresses several concerns rather than only one, and it is accepted in every state (given the minor restriction in the eight states named.) If you are working with estate planning attorneys in your COI network, inform them of The Five Wishes and of your desire to have all of your clients use that form. Then there is less chance of discrepancies and overlap between your work and theirs. Like all forms of this nature, the latest one that is signed, notarized, and dated supersedes all previous copies, so it is not a problem to complete the more comprehensive form even for clients who completed the state’s standard form already.
Regardless of what form clients choose, schedule a follow-up to ensure they actually do complete a living will/Five Wishes, and that it is properly signed and notarized. Encourage them to distribute copies to their family members and to any person or institution involved in their care, including primary doctors, specialists, nursing home, hospice, rehab center, and hospitals. Offer to keep a copy in the client’s files at your office, in case a family member needs one and cannot locate it.
When you educate your clients and prompt them to complete a living will, you ease their fears that someone else will dictate their medical decisions. You keep them in greater control and take a burden off their family members. The resulting peace of mind is invaluable to your clients and consequently good for your business.
When your client dies, who owns the pictures on their Facebook page? Who has control of their electronic bill-payment sites or Bitcoin account? Who is responsible for shutting down or memorializing social media sites? Digital rights ownership is an increasingly complex issue as our online lives continue to expand. Are your clients prepared to safeguard these assets after they die?
If your client does nothing in advance, disposition of digital assets goes according to the TOS (terms of service) of each individual site, which vary widely. In fact, many survivors have been shocked by sites that do not allow transfer of ownership or access upon death, or that complicate the settlement of the estate. Rules have been more flexible for minors in states that allow parents or guardians to manage deceased children’s accounts. Yet some families have had to get court orders to obtain rights to their loved one’s digital accounts, a process that can take months or years.
The Fiduciary Access to Digital Assets Act
Several states began to take action by passing a Fiduciary Access to Digital Assets Act. This gave the executor access to all digital accounts and allowed digital assets to pass according to the decedent’s will. However, it ran into legal trouble based on privacy. Some people, for instance, did not want their executor to see highly personal information such as their history of emails and texts, and lawsuits ensued.
The acts were gradually amended to resolve these issues until finally, in 2017, states began passing the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). (http://www.uniformlaws.org/Act.aspx?title=Fiduciary%20Access%20to%20Digital%20Assets%20Act,%20Revised%20(2015). Forty states have now made it law, and it’s pending in five more plus Washington D.C. It will soon be nationwide. What does this mean for financial advisors and estate planners? Digital property now needs to be part of the estate planning process, and you need to help your clients prepare now for their digital afterlife.
Access to Digital Assets
RUFADAA allows the executor or another fiduciary appointed in the will to have access to any electronic or digital sites “necessary” to settle the estate. The necessary sites are largely those involving finances or financial assets, including shopping accounts, automatic bill-paying, online banking, etc. That very narrow provision protects privacy, as it does not allow the executor to access texts, emails, and more private information.
Yet RUFADAA allows for further permissions if the decedent clearly states so in the will. These permissions can cover desires such as whether a Facebook page is closed or maintained as a memorial page, whether a blog is deleted or archived and kept, and all your client’s other desires for digital sites.
Sites that fall under RUFADAA are required to give access to the named fiduciary or executor, but that process can take time and involves proving to the site that the client died. If usernames and passwords are accessible immediately, airline miles can be transferred, sites can be closed, and other desired actions can happen with less complication. It is important to note, though, that clients should never include usernames and passwords in the will, as it becomes a public document upon death.
Your Two-Step Process
There are two crucial steps to take with your clients:
1. Ensure the will includes your client’s intent for the executor or another named fiduciary to have access to digital accounts, how broad those permissions are, and your client’s wishes for disposition. Example: Can the named person see all the tweets, emails, and private personal information, or does access only extend to closing such accounts? What are your client’s desires for each site or each category of sites?
2. Ensure that your client completes another document giving more specific instructions (i.e. to whom they wish to transfer their airline miles and hotel points), and including usernames and passwords. This document should be signed, dated, and preferably notarized, and kept with the will so instructions are accessible to the executor.
To facilitate this, recommend that clients use one of the available services (i.e. LassPass.com) that generate secure passwords for every site and store the entire array of information necessary for access. The document then only needs to include the master password to that service, plus instructions for any two-factor authentication, so the named fiduciary can easily open the entire vault of usernames and passwords. Since the password storage service is dynamic, it also allows clients to maintain security by changing passwords regularly, without having to re-do the document.
Instead of allowing individual sites to determine disposition, take these steps to keep your clients in control and remove at least some post-death headaches. They will never forget it!
A salesperson called me a few days ago. He was so convinced of the value of his product that after our initial pleasantries, he praised its attributes for several minutes. I asked one question and he talked on for several more minutes. His mistake was that he didn’t stop talking long enough to find out why I might need his product or how it could best serve me. He lost the deal because he knew how to talk about what he was selling but he didn’t know how to listen to me.
How does this relate to serving clients experiencing loss or transition? Like the worst salespeople, the least supportive advisors are those that don’t know how to ask good questions and listen.
There is often a chorus of objections at this point. Usually they sound like these:
Sound familiar? Let’s look closer.
First of all, consider the flip side. What are the consequences of refusing to ask questions? If you carefully avoid the topic and do not bring your client’s grief into the room, there is a big white elephant sitting on the table between you. You both know it’s there but you are trying to ignore it, look over it, slide it to the side, or otherwise pretend it’s not there. It adds a level of tension as you participate in the game of mutual deception.
This feels very familiar to grieving clients, because they encounter it everywhere. Most people, from family to casual acquaintances, don’t know what to say so they say nothing at all. They talk about anything and everything except the person who died. They try to cheer grievers up, hoping to make them feel better. The bereaved people, not wanting to make others uncomfortable, go along with it, but it feels inauthentic and they walk away alone, isolated, and unsupported. Is that how you want your clients to leave your office?
The minute you acknowledge the truth, the big white elephant disappears. For instance, you can ask something simple such as: “What do you wish people knew about what it’s like for you now, a month after Paul died?” or “What has surprised you about the experience of going through Paul’s death?” When you ask an invitational, open-ended question like these, the big white elephant disappears and the tension evaporates. They know you care enough to ask, whether or not they choose to accept your invitation and talk about it. They know you aren’t avoiding the topic or hiding behind your spreadsheets.
Additionally, if they do choose to tell the story and you listen with care, you offer them support they aren’t getting from others. You genuinely help and comfort them, and at the same time you distinguish yourself in the field. You build a level of trust and loyalty you can’t get anywhere else. It’s good for your clients, and it just happens to also be good for business.
The bottom line: You have a lot to lose if you don’t ask; you have nothing to lose if you do.
For many in our society, closure means leaving grief behind, a milestone they usually expect within a matter of weeks or months. Closure means being “normal”, getting back to your old self, no longer crying or being affected by the death. It means “moving on with life” and leaving the past behind, even to the extent of forgetting it or ignoring it. Yet for those who have experienced death, this kind of closure is not only impossible but indeed undesirable.
Closure, if one even chooses to use the term, is more of a process than a defined moment. The initial part of closure is accepting the reality. At first, survivors keep hoping or wishing that it weren’t true. They expect their loved one to walk through the door. They wait for someone to tell them it was all a huge mistake. They just can’t accept that this person has died, that they will never physically see their loved one again or hear the voice, feel the hug, or get that valued input on a tough decision. Usually it takes weeks or even months for the reality to finally sink in. In time, they come to know, in both their heads and their hearts, that their loved one has died and is not coming back. They still don’t like it, but they accept it as true.
As your clients accept this reality, they can more actively make forward-looking choices that help them heal. They slowly begin to envision a life different from what they had planned before, a life in which they no longer expect their loved one to be there. They still feel the pain and loss, but except for short periods of time, they are not crippled by it.
For most of your clients, especially if it was a significant person who died, this healing phase is long and slow, and it involves a lot of back-and-forthing. They may alternate between tears and joy, fears and confidence, despair and hope. Sometimes they feel like they are taking three steps forward and two steps back.
It is important to give clients permission for whatever they are experiencing. Everyone else is telling them to put it behind them and get on with life. Set yourself apart by encouraging them to tell the stories and build memories that they will never “put behind them”. Reassure them that healing does not mean forgetting; it means taking the life, love, and lessons into the future with them.
Eventually your clients are able to let go of what can no longer be. Yet at the same time they realize they are taking the past, with all its pain and pleasure, into a new tomorrow. They become different and hopefully better, more compassionate, more appreciative, more tolerant people. They fully embrace life again, connecting, laughing, and loving with a full heart.
Still, there is no point of “final closure.” There is no point at which your clients can say, “Ah, now I have finally completed my grief.” Or “Yes, now I have healed.” There is no point at which they stop missing their loved one or wondering what life would be like if they were still alive. There is no point at which they will never cry again, although as time goes on the tears are bittersweet and less common. Because we never forget, we carry our loved ones with us forever.
“Closure”? No, or at least not in the way people usually use that term. Acceptance – yes. Peace – yes. A future enriched with love, joy, and hope – absolutely. But putting a period behind the final sentence, closing the door and locking it behind you? No, life and love are much too complex for that. This part of your client’s story does not end; instead it awaits the next chapter, which will undoubtedly build on all that came before.
Stand with your clients as they grieve. Let them know they do not have to forget or leave the past behind. Encourage them to create memories out of what can no longer be, and to live their lives as fully as possible enriched by those memories. Offer them the patience and understanding that few other advisors do. You will reap rewards both personally and professionally.
Advisors are increasingly faced with deaths among their clients and the clients’ families. In large firms, there may be more than one a month. If you can serve clients really well in those most difficult times, you create a bond of loyalty with the client and with the family members. Those who don’t know how to talk with grieving people are going to lose clients to those who do. Here are a few ideas to consider when communicating with a client after the death of a loved one:
Welcome the client
When a client comes into the office for that first appointment after the funeral, you can recognize the reality that is right in front of you and yet genuinely make them feel welcome with something like this: “I’m so glad you were able to make it in today. I only wish it were under better circumstances. Still, there is so much we can do together and I’ll do everything I can to make this very difficult process just a little easier for you and your family.”
Then, before you get to business, remember that grieving people hunger to talk to anyone who is willing to listen. So invite clients to tell you about their experience. They will let you know if they don’t want to talk and you always follow a client’s lead, but most of the time telling the story is the most healing and cathartic thing they can do.
So ask an open-ended question such as:
Even if you had a similar grief experience, do not say “I know how you feel” or “I understand just what you’re going through.” Doing so is a sure way to alienate grieving clients because you are always wrong.
Instead, let them know you’ve had a similar experience or have some knowledge of the grief process, but then allow for their unique situation by asking a question such as “How is it different?” or “But what is it like for you?”
For instance: “When my mom died, I kept picking up the phone to call her before I remembered there wouldn’t be an answer on the other side, and that was one of the hardest things for me to accept. Is it like that for you? What do you struggle to accept?” This so much better than “I know how you feel” because you don’t.
Tell your clients that some things have to happen on a timeline, such as estate tax filings and trust funding deadlines. Show the list of those things and reassure them that you will make sure they get done without letting anything fall through the cracks.
Other than that, most financial professionals understand that it’s not a good idea to make major decisions too soon, especially if they are irrevocable. In practice, though, this too often means advisors leave clients alone until they call to say they’re ready to talk. That is a mistake, because surely clients will be inundated with ideas from others about what they should do with their money, who they should talk to, or how they should handle things.
Instead, after reassuring about the timeline, say something like: “Did you know that both science and financial regulations say that it’s better not to make major decisions right now? Physiologically, your brain just isn’t ready yet. So this is my recommendation. Take some time to breathe, take care of yourself and your family, get the estate settled, and just put one foot in front of the other. I will be calling you every week or two just to check in and see whether you have any questions or ideas you’d like to talk about. In fact, if someone offers you an idea that sounds good, bring them in. I’ll help you objectively look at whether that’s the best thing to do, and whether it’s best to do it right now. We’ll work together to make sure we’re protecting your loved one’s legacy and your financial future.”
These are just three examples of skills that distinguish you in the field and build lifetime loyalty. Remember, when deaths occur, as they inevitably will, survivors have their choice of hundreds of thousands of financial professionals who do a really good job investing money, insuring people, advising on retirement plans, and more. What is the differentiator clients want? They look for relationship and a financial advisor who understands their lives and knows how to support them in their grief. That is who will get their business.
Continue this pattern, always asking questions based on what the client is saying. You will notice the pitch of the voice lowering, longer pauses and slowed breathing as the anger gets spent and the client calms. Only then can you begin talking about what you can do together as you go forward. Ask what steps the client would like to take. Make appropriate suggestions for portfolio review, redistribution of assets, or simply keeping in contact every week or two.
At the end of the conversation, make sure you thank clients for being honest with you. Tell them your door is always open, and you will listen even when it is hard. Reassure them that although times are really tough right now, you can weather the storm together and come out on the other side.
If you can master these skills, your clients will come out of even angry conversations feeling heard, supported, and most of all, loyal to you.