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CLINKSCALES: Transitions

Randy Clinkscales

I really do feel fortunate in my life.  Though there have been bumps and bruises, and even heartache, I generally feel like I have been blessed.  I have been blessed with three sons and a wife who love me, in spite of my flaws, my sometimes lack of patience, and my failure to always be a good role model.

I have also been fortunate in that my children have hung around and have remained good friends with each other. 

But life starts to happen.  In the last few months, one of my sons has transitioned out of Hays as a traveling nurse, and my oldest son, who works with me, is transitioning as well.

I work with a lot of families that are small business owners or farmers.  One of the difficulties for all of them is when a child, for whatever reason, needs to move on, perhaps out of the business, or at least to a new location. Perhaps it is a new job, or marriage, or one of many other factors.  But that child, for his or her sake, needs to move on.

Equally as difficult is when a family wants to pass on a business to a child or children. How does that look and how does that work? 

I see a lot of lack of planning.  Many times it is just not addressed. 

I also see guilt trips laid on children.  “You should stay and take care of mom and dad.” 

One of the biggest issues that we deal with in my office is children working themselves to the point of exhaustion trying to take care of a parent who is chronically ill.  They have not been able to transition to bringing in help.  They are driven by obligation versus common sense. 

The following are not uncommon statements that I hear in my office: 

“I am going to leave everything to the kids.  I am going to let them figure it out.”

“My kids will never let me go to a nursing home.”

“I am going to leave everything to my son Johnny, and he will take care of the other kids.” 

“My kids get along really well, and they will figure it all out.”

“I promised my spouse that I would never put him in a nursing home, and I intend to keep that promise.”

One of the things that we do in our office is have difficult conversations with our clients.  We want to talk about the “What Ifs:” What if your son does not want to stay here?  What if your wife cannot keep you at home?  What if you need long-term care, how are we going to pay for that?  It is all part of transition planning.

I think the most difficult part of transition planning is not deciding what is best for yourself, but trying to decide what is best for others as well.  As my oldest son is transitioning to a new stage of life, which involves him leaving my office, it is very inconvenient for me.  Not only am I losing a trusted employee, I am also losing someone who is always frank with me; and always gives me good advice.  But I know the transition that he is making is the transition he needs to go through for his own sake. 

I also know that if I truly love him, I need to love him enough to let him go.

Sometimes you need to think about that:  If you love your family, think about those transitions and plan for them, even if that transition is not the way you had hoped it would go. But you make the decision.  Lack of planning makes it much more difficult on your family in the long run. 

I implore you to have those difficult conversations with someone who can guide you through the options.  There is not always a black and white answer.  And indeed, the answer may evolve over time. But get the conversation started.  Have the difficult conversation with your attorney and with your family. 

In the end, even after you are gone, people will appreciate what you have done. 

Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.

Man enters plea in drive-by shooting death of 5-year-old Kan. girl

TOPEKA, Kan. (AP) — A Topeka man has pleaded no contest to crimes linked to the drive-by shooting death of a 5-year-old girl.

Hughes-photo Shawnee Co.

Twenty-two-year-old Jessie Dean Deshawn Hughes pleaded Thursday in the July 2015 death of Lily Coats-Nichols. Shawnee County District Attorney Mike Kagay said Hughes pleaded to involuntary manslaughter, aggravated assault with a deadly weapon and criminal discharge of a firearm at an occupied vehicle.

Hughes was originally charged with first-degree murder.

The plea deal requires Hughes to spend 25 years in prison.Kagay said the girl’s family supported the plea deal.

Authorities said Lily was shot in the head while in the back seat of a car driven by her mother.

Kagay said prosecutors believe Hughes thought he was shooting at rival gang members in the area.

Governor announces appointment to Midwestern Higher Education Compact

Aaron Otto (Photo courtesy Johnson Co. Airport)

OFFICE OF GOV.

TOPEKA – Governor Laura Kelly appointed Aaron Otto, Roeland Park, to the Midwestern Higher Education Compact.

“We are excited to have Aaron to represent Kansas in the Midwestern Higher Education Compact,” Kelly said. “Kansas has unique educational needs and deserves a passionate and experienced leader.”

The compact provides greater higher education opportunities and services in the Midwestern region, with the goal of furthering regional access for citizens residing in states in the compact. The compact is headquartered in Minneapolis and member states include: Illinois, Indiana, Iowa, Kansas, Minnesota, Michigan, Missouri, North Dakota, Ohio, South Dakota and Wisconsin.

Governor Kelly also has appointed Otto to the Governor’s Council on Education.

He currently serves as the acting assistant county manager and executive director for the Johnson County Airport Commission. Previously, Otto served as city administrator for Roeland Park and worked in the Kansas State Treasurer’s office as assistant state treasurer. Otto graduated with a bachelor’s degree in political science from Kansas State University and received a master’s degree in public administration from George Washington University.

Girlfriend: Mexican immigrant pulled from car in Kansas City deported

Image from facebook broadcast during the arrest

KANSAS CITY (AP) — The girlfriend of the Mexican national whose arrest was featured in a Facebook Live video that showed federal officers breaking his car window says he was deported to Mexico.

Cheyenne Hoyt tells Kansas City media that Florencio Millan-Vazquez called Wednesday evening to say he had been flown to Brownsville, Texas, and then taken to Matamoros, Mexico.

Federal immigration officers trying to arrest Millan-Vazquez on Monday smashed a car window and dragged him from the vehicle in front of Hoyt and their two young children. Millan-Vazquez was in the U.S. illegally and asked that the agents show him a warrant before he would get out of the car. The agents didn’t show a warrant.

Hoyt said he is a chef and family man who never caused trouble. Immigration officials said he re-entered the country twice after being voluntarily deported in 2011.

Michigan man accused of blackmailing Kansas teen on Snapchat

OLATHE, Kan. (AP) — A 22-year-old Michigan man is charged with using Snapchat to coerce a Kansas teenager to send him sexually explicit videos.

Hurst photo Johnson Co.

Martez Hurst, of suburban Detroit, is charged in Johnson County, Kansas, with two counts of sexual exploitation of a child and one count of blackmail.

Charging documents say Hurst told police he had tried to commit similar crimes against about 20 other females.

Investigators say Hurst began communicating with the 16-year-old Overland Park girl in January 2018, while posing as a 17-year-old boy who attended a nearby high school.

The teenager told investigators she sent Hurst about 10 nude photos of herself but refused to send sexually explicit videos. She said in March, Hurst threatened to release the photos if she didn’t send a video.

Governor appoints three members to the Kansas State Fair Board

OFFICE OF GOV.

TOPEKA – Governor Laura Kelly appointed Dylan Evans, Sarah Green, and Kathy Brazle to the Kansas State Fair board.

“The Kansas state fair is an important part of Kansas’ story,” Kelly said. “It’s a cherished annual tradition, and Kansans deserve board members who are passionate about our history and culture. Dylan, Sarah, and Kathy encapsulate this passion.”

The board acts as the showcase of Kansas agriculture, commerce and industry, and is responsible for presenting a format of entertainment and education that appeals to people from all walks of life in Kansas.

The state fair emphasizes the importance of family, education, public and private entities, and Kansas as a whole.

Dylan Evans, Lebo, is the owner of Farmers State Bank of Aliceville and DWE Livestock. Evans received his master’s degree in food science, a bachelor’s degree in animal science and industry, and a bachelor’s degree in food science and industry, all from Kansas State University. He succeeds Steve Abrams.

Sarah Green, Wichita, currently serves as a writer, editor, and strategic consultant, working as an independent contractor. Previously, she served as Local Foods and Rural Outreach Coordinator under the Kansas Department of Agriculture. Green participated in a graduate fellowship through George Washington University in food policy. She received her bachelor’s degree in journalism from the University of Kansas. She succeeds Matthew Lowen.

Kathy Brazle, Chanute, is a retired school administrator. Previously a teacher in Erie, Brazle received her bachelor’s degree in mathematics and physical education from Southwestern College and a master’s degree in physical education from the University of Kansas. Brazle also received an administration certification from Emporia State University. She succeeds Monica Lair.

The governor’s appointments to the state fair board are not subject to Senate confirmation.

Man from Ellis hospitalized after van overturns

ELLIS COUNTY — One person was injured in an accident just before 10:30a.m. Thursday in Ellis County.

The Kansas Highway Patrol reported a 2006 Buick Terraza driven by Ryan Heath Robbins, 29, Ellis, was northbound on 110th Avenue approximately three miles north of Ellis.

The driver lost control of the vehicle. It entered the ditch and overturned.

EMS transported Robbins to Hays Medical Center. He was not wearing a seat belt, according to the KHP.

Man gets jail time for killing neighbor’s Chihuahua with BB gun

Marcin Seek photo Greene Co.

STRAFFORD, Mo. (AP) — A southwest Missouri man has been sentenced to 90 days in jail after admitting that he used a BB gun to fatally shoot his neighbor’s Chihuahua.

68-year-old Marvin Seek was sentenced after pleading guilty Thursday to misdemeanor animal abuse.

Charging documents says a public works employee called Strafford police in June 2018 after witnessing Seek shooting a dog with a BB gun and then putting the dog’s remains in a trash bag.

Seek told police he shot the dog in the rear to scare it away because it was barking at his daughter but instead the dog died.

The witness disputed Seek’s account that the dog was being aggressive.

Guard still hauling water to Kansas residents 2 months after flood

LAWRENCE, Kan. (AP) — Two months after Perry Lake flooded, the Kansas National Guard continues to deliver water to residents in a nearby village — and the effort could continue until mid-September.

photo courtesy Kansas National Guard

The Guard has delivered 1.3 million gallons of water to Lakeside Village because the community’s water well pumps are submerged after flooding in May at Perry Lake, about 1 mile from the village.

Jane Welch, spokeswoman for the Adjutant General, says six guardsmen, using three trucks, are hauling 40,000 gallons of water every day to about 150 homes.

The U.S. Geological Survey said on Wednesday, Perry Lake Heavy reached 921.14 feet, its highest level in 26 years.

The Lawrence Journal-World reports the Federal Emergency Management Agency is paying for the water hauling because Jefferson County is part of a federal disaster declaration.

9-year-old driver takes short trip through Missouri Dollar Store

By BRENT MARTIN
St. Joseph Post

ST. JOSEPH, Mo. — A vehicle drove through the front of the Dollar Tree on South Belt Highway in St. Joseph after a 9-year-old hit the shift and sent the vehicle through the storefront.

The 9-year-old and his 5-year-old sibling were OK, but the Dollar Tree store manager suffered injuries severe enough to warrant a trip to the hospital.

St. Joseph police say the incident began Wednesday afternoon when a mother left her two children in her Chevrolet Avalanche to make a quick stop in the store. The 9-year-old crawled into the front seat, shifted the truck into drive, and sent it crashing into the store.

An investigation continues as Dollar Tree employees clean up the debris and work to reopen the store.

HPD Activity Log July 22-24

The Hays Police Department responded to 10 animal calls and conducted 14 traffic stops Mon., July 22, 2019, according to the HPD Activity Log.

Phone/Mail Scam–1200 block Vine St, Hays; 2:21 AM
Civil Dispute–4600 block Roth Ave, Hays; 7/21 9 PM; 7/22 6:37 AM
Animal At Large–200 block W 11th St, Hays; 7:33 AM
Animal Call–500 block E 8th St, Hays; 8:05 AM
Animal Call–1300 block W 45th St, Hays; 8:10 AM
Criminal Damage to Property–500 block Elm St, Hays; 7/21 9:12 AM; 7/22 9:12 AM
Theft (general)–4300 block Vine St, Hays; 11:19 AM
Found/Lost Property–200 block Ash St, Hays; 12:18 PM
Battery – simple–500 block W 7th St, Hays; 7/21 12:42 AM; 12:44 AM
Mental Health Call–1400 block E 29th St, Hays; 3 PM; 3:01 PM
Animal At Large–2200 block Gen Custer Rd, Hays; 3:10 PM
Animal At Large–2900 block Walnut St, Hays; 3:17 PM
Civil Dispute–2700 block Epworth St, Hays; 4:03 PM
Abandoned Vehicle–800 block Allen St, Hays; 7/21 4:11 PM; 7/22 4:11 PM
Theft (general)–1900 block Fort St, Hays; 4:16 PM
Bicycle – Lost,Found,Stolen–1200 block Main St, Hays; 10:21 AM; 4:20 PM
Welfare Check–1000 block E 8th St, Hays; 5:38 PM
Animal At Large–500 block E 16th St, Hays; 5:48 PM
Abandoned Vehicle–600 block E 5th St, Hays; 5:56 PM
Domestic Disturbance–300 block W 18th St, Hays; 19 05:59:57 PM
Unwanted Person–3200 block Vine St, Hays; 8:42 PM

The Hays Police Department responded to 9 animal calls and conducted 6 traffic stops Tue., July 23, 2019, according to the HPD Activity Log.

Theft (general)–1900 block Main St, Hays; 7:11 AM
Criminal Damage to Property–2700 block Epworth St, Hays; 2:30 AM; 7:03 AM
Animal Injured–400 block E 8th St, Hays; 8 AM
Suspicious Activity–2700 block Epworth St, Hays; 8:33 AM
Animal Cruelty/Neglect–700 block  E 6th St, Hays; 10:53 AM
Theft (general)–1900 block Whittier Rd, Hays; 7/19 11 PM;  7/21 7 PM
MV Accident-City Street/Alley–1800 block Vine St, Hays; 12 PM
Water Use Violation–1700 block Haney Dr, Hays; 2:47 PM
Animal At Large–1000 block Reservation Rd, Hays; 3:18 PM
MV Accident-City Street/Alley–Centennial and Vine, Hays; 3:19 PM; 3:21 PM
MV Accident-City Street/Alley–Hays; 3:34 PM
Disturbance – General–1800 block Pine St, Hays; 4:15 PM; 4:27 PM
Mental Health Call–3600 block Vine St, Hays; 6:26 PM
MV Accident-Hit and Run–2800 block Vine St, Hays; 7:10 PM
Suspicious Person–100 block E 5th St, Hays; 9:18 PM
Parking Complaint–2100 block Milner St, Hays; 10:13 PM
Welfare Check–200 block E 17th St, Hays; 10:20 PM
Abandoned Vehicle–300 block Elm St, Hays; 10:22 PM
Criminal Trespass–1100 block Vine St, Hays; 11:39 PM

The Hays Police Department responded to 8 animal calls and conducted 10 traffic stops Wed., July 24, 2019, according to the HPD Activity Log.

Parking Complaint–100 block W 17th St, Hays; 4:02 AM
Warrant Service (Fail to Appear)–100 block W 12th St, Hays; 11:06 AM
Animal At Large–100 block W 10th St, Hays; 11:43 AM
Found/Lost Property–1600 block Montgomery St, Hays; 12:02 PM
Civil Dispute–300 block Main St, Hays; 1:12 PM
Suspicious Person–1700 block Sunset Trl, Hays; 1:48 PM
Water Use Violation–3100 block Tam O’Shanter Dr, Hays; 2:17 PM
Phone/Mail Scam–1300 block Anthony Dr, Hays; 9 AM; 10 AM
Credit Card Violations–3700 block Vine St, Hays; 2:59 PM
Search Warrant–Hays; 3:44 PM
MV Accident-City Street/Alley–2500 block E 21st St, Hays; 4:05 PM
Violation of Restraining Order/PFA–2800 block Indian Trail, Hays; 4:24 PM
Abandoned Vehicle–600 block E 6th St, Hays; 4:50 PM
Theft (general)–700 block Vine St, Hays; 6:45 PM; 6:47 PM

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