Caribbean American Weekly - Issue 153

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ISSUE 153 VOLUME 22

June 16, 2022

SERVING THE CARIBBEAN AND HISPANIC COMMUNITIES!

Juneteenth and the History of How Emancipated People Were Kept Unfree

BY KRIS MANJAPRA THE CONVERSATION Statement by Hon. John Briceño, PM of Belize and Chairman of CARICOM, at the IX Summit of the Americas ....2

T

he actual day was June 19, 1865, and it was the Black dockworkers in Galveston, Texas, who first heard the word that freedom for the enslaved had come. There were speeches, sermons and shared meals, mostly held at Black churches, the safest places to have such celebrations.

The perils of unjust laws and racist continued on page 4

DACA and the Distance Still to Go for Dreamers ....12

A Chat with AM Brian Cunningham, District 43

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PAHO: Health Gains at the IX Summit of the Americas ....page 3

O

n March 22, Brian Cunningham, a public servant with over fifteen years of political experience, won the special election for Assembly District 43 in Central Brooklyn. A stiff feat against a group of progressive reformers aiming for the same seat.

Mr. Cunningham served as the direccontinued on page 8

BBP Antonio Reynoso Launches Brooklyn for All, Inc Charity ....10 AM Cunningham Credit: Cunningham Office

Brian Figeroux, Esq., Member, American Immigration Lawyers Association INSIDE: •Getting Your Documents in Order

•Do You Need Extra

Insurance?

•The Importance of a

Living Trust

•Updating Your Will

•Estate Planning for

LGBQTIA+ Community

•Planning for Disabled Children

•Choosing An Estate

Attorney

•Taking Inventory

What Services Can a Paralegal Provide? ....14

DOT Announces Plan for Older Adult Pedestrian Safety....11

Trouble Paying Bills Can Take a Toll on Fathers’ Mental Health ....9

8-page Insert ....15

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Statement by Hon. John Briceño, PM of Belize and Chairman of CARICOM, to the Plenary Session of the IX Summit of the Americas

M

y friends we have come to this blessed place to refresh our collective will to do good, and to once again recommit ourselves to building a socially just Americas. From Barrow, Alaska in the north to Tierra del Fuego in the south, the peoples of the Americas await the outcome of this 9th Summit of the Americas. Their needs are many. Their hopes expectant. While our philosophies and approaches are divergent, our vision is the same: to build an Americas that works for all of us.

But, we are at a tipping point. The Americas and the world face existential threats. As leaders, we are called to make consequential choices which will irreversibly shape our collective future.

Excellencies, will we continue to postpone the urgent action needed to reduce emissions, finance adaptation and mitigation and protect the most vulnerable countries and populations from the impact of climate change? We cannot.

Will we implement practical and innovative measures to alleviate the crushing debt crisis? We must.

Will we ensure that the socioeconomic devastation including the sharp rise in poverty, hunger and education loss caused by the pandemic do not result in a lost decade for the Americas with more irregular migration and insecurity? We can.

Will we allow ourselves to be divided by failed cold war paradigms or will be meet the profound challenges united and with common purpose? We will.

These are the questions which underpin the theme of this Ninth Summit of the Americas: “Building a Sustainable, Resilient, and Equitable Future”. How we respond to these questions will design our destiny.

As we seek solutions, we know that money is not the problem. For example, in less than three months two countries in this hemisphere committed over $55 billion to Ukraine. The question is: how much will be pledged to finance the ambitious agendas we agree at this Summit?

The future of the Western Hemisphere is a responsibility of all the countries of this hemisphere. Irrespective of our size, or GDP, or our system of governance, we all have a shared interest in a sustainable, resilient and equitable future.

The power of the Summit of the Americas is the space it provides for all the countries of the Americas to dialogue and agree on joint actions. The Summit belongs to all of the Americas.

It is therefore inexcusable that all countries of the Americas are not here, and the power of the Summit diminished by their absence. It is incomprehensible that we would isolate countries of the Americas which have provided strong leadership

Hon. John Briceño Photo credit: CARICOM

and contributed to the hemisphere on the critical issues of our time.

Cuba has provided consistent, unmatched cooperation in health to almost two-thirds of the countries in this hemisphere including Belize. Cuban healthcare experts of the Henry Reeve Brigade were on the frontline in the very early and uncertain days of Belize’s COVID-19 response. Many Belizean doctors and healthcare professionals are trained in Cuba. The illegal blockade against Cuba is an affront to humanity. It continues to cause untold suffering. It is inconsistent with our values. In fact, it is unamerican.

The time has come, Mr. President, to lift the blockade and to build bonds of friendship with the people of Cuba.

Similarly, Venezuela has done so much toward energy security for the Caribbean region through its innovative financing programs. Venezuela’s absence is unforgivable.

Excellencies, at this most critical juncture when the future of our hemisphere is at stake, we stand divided. And that is why this Summit of the Americas should have been inclusive. Belize rejects the unilateral right of any country to impose exclusions. We assert, unequivocally, that the principle of inclusivity must be the touchstone of all future summits.

Geography, not politics, defines the Americas.

The Belizean people, like people across Latin America and the Caribbean, are weathering successive and simultaneous crises. Caribbean economies are in a precarious place because of our inherent vulnerabilities to external shocks, including exposure to climate change and devastating storms. But the pandemic and now the effects because of the war in Ukraine have further battered our economies.

Notwithstanding the 6% recovery in global growth in 2021, CARICOM Member States, except for Guyana, recorded an average growth rate of 1 percent. A few Member States experienced even further GDP losses ranging from 1% to -6.3%. Member States were expected to record a stronger growth performance in 2022. But the effects of the war, rising inflation, rising oil costs and further supply chain disruptions have led the IMF to downgrade growth projection

for the region. We cannot continue on this path.

This regression was not of our making.

We are ready to join our partners in the Americas to design measures that will provide urgent and targeted responses to arrest this decline. We have come to Los Angeles to agree specific deliverables on climate change, debt relief, access to concessionary financing, energy and food security. With firm commitments we can move forward.

Now is the time for actions that are focused on achieving a sustainable, resilient and equitable future for the hemisphere. Action must include equitable access to vaccines and treatment for COVID-19 to end the acute phase of the pandemic and a strengthened and sustainably financed global health architecture. Action must include the Paris 2030 delivery agenda. We demand firm plans from developed countries for emissions reduction targets in line with the 1.5 degree centigrade Paris temperature goal, a plan to scale up climate finance beyond the floor of the US100 billion dollars annually through to 2025, and doubling of adaptation finance.

Action must include finalization and use of a multidimensional vulnerability index to determine access to grants and concessional development finance, so that countries like ours can affordably finance our recovery and build resiliently. Action must include debt relief.

Action must include a coordinated, multilateral response to the deepening food and energy crises including financing and technology transfer to support the acceleration to renewable energy.

Action must include finding peace in the Ukraine.

Today Belize affirma the integral role of democratic governance. Let there be no doubt about our unshakeable commitment thereto. The confluence of crises of our times requires all the countries of the hemisphere to work together in a spirit of solidarity and cooperation. As we work at this Ninth Summit of the Americas, lets us call to mind the words of El Libertador, Simon Bolivar: “En la unidad de nuestras naciones descansa el glorioso futuro de nuestros pueblos” “In the unity of our nations rests the glorious future of our peoples.”

Thank you.l

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Photo courtesy: Brooklyn Borough President Office

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THOUGHTS

Health Gains at the IX Summit of the Americas

T

he need to strengthen health systems post-pandemic gained momentum with the adoption on Friday of the Action Plan on Health and Resilience at the IX Summit of the Americas. As the health organization of the Inter-American System, the Pan American Health Organization (PAHO) participated actively to promote the inclusion of health in the political agenda of the Summit.

Drawing on the lessons from COVID19, Heads of States and Governments of the region committed to the development of several actions to strengthen health by 2030. These include, among others: •Expanding equitable access to comprehensive quality health services based on primary care to move toward universal health.

•Strengthening training and education in the fields of medicine, public health, nutrition, and biomedical science research.

•Increasing and improving public financing for health and strengthening activities to boost the regional development of health technologies.

•Strengthening regional and global health security and public health emergency preparedness, including capacities of health authorities, infrastructure and national epidemiological surveillance systems to prevent, prepare for, detect, and respond to infectious disease outbreaks.

•Redoubling efforts to accelerate achievement of the 2030 Agenda for Sustainable Development, including target 3.4: reduce by one-third premature mortality from noncommunicable diseases (NCDs), a leading cause of death in several countries in the region, especially in the Caribbean.

The United States also announced the launch of Americas Health Corps – Fuerza de Salud de las Americas during

TEAM My people are destroyed for lack of knowledge. —Hosea 4:6 ublisher I.Q. INC. Managing Editor & Editor-in-Chief

Pearl Phillip Legal Advisor Brian Figeroux, Esq. Graphic & Website Designers Praim Samsoondar Kenrick Williams Feature Writers Linda Nwoke Victoria Falk PAHO Director Dr Etienne Photo credit: PAHO

the Summit, a joint US-PAHO initiative to train 500,000 public health workers throughout the region over the next five years.

PAHO Director Carissa F. Etienne welcomed the commitment from regional leaders to the health action plan. “The pandemic has also demonstrated what can be done when we make health a priority,” she wrote in a recent commentary in the US digital newspaper The Hill.

"COVID-19 is the latest reminder that health, security and economic stability are regional concerns, not national ones. To get back on track, we must work together.”

Leaders at the Summit also adopted a Regional Agenda for Digital Transformation, which promotes the use of digital technologies in the health sector to improve patient accessibility, process efficiency, and service delivery. They also signed off on documents related to the environment, clean energy transition, democratic governance and migration.

PAHO participated at the highest level in several events during the Summit to keep health as a priority. These included the launch of the US Department of State’s “Economic and Health Dialogue

of the Americas”, the Young Americas Forum session “Health and Resilience in the Americas: Innovation in Action”, and the Canada-organized “High Level Panel on Women's Leadership: Advancing Gender, Equality and Democracy in the Americas”.

PAHO also led a roundtable on “Investing in Health to Build Back Better” to discuss how to ramp up health financing and policies post-pandemic.

Panelists included the Minister of Health of Brazil, Marcelo Queiroga, the Minister of Health of Grenada, Hon. Nickolas Steele, and the Minister of Foreign Affairs of Panama, Erika Mouynes, as well as representatives from civil society, the private sector and youth.

During the Summit, the PAHO Director held meetings with the President of Costa Rica, and with the presidents of the Caribbean Development Bank (CAB), the Central American Bank for Economic Integration (CABEI) and Development Bank of Latin America (CAF), as well as with the CEO of Pro Mujer – a nonprofit that provides health and education programs to low-income women in Latin America. l

Contributors Jennine Estes Tarsha Gibbons Janet Howard Mary Campbell Travis Morales Chris Tobias Email info@myiqinc.com Telephone 718-771-0988 Website www.cawnyc.com

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CIVIL RIGHTS Juneteenth/ continued from page 1 social customs were still great in Texas for the 250,000 enslaved Black people there, but the celebrations known as Juneteenth were said to have gone on for seven straight days.

The spontaneous jubilation was partly over Gen. Gordon Granger’s General Order No. 3. It read in part, “The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free.”

But the emancipation that took place in Texas that day in 1865 was just the latest in a series of emancipations that had been unfolding since the 1770s, most notably the Emancipation Proclamation signed by President Abraham Lincoln two years earlier on Jan. 1, 1863.The actual day was June 19, 1865, and it was the Black dockworkers in Galveston, Texas, who first heard the word that freedom for the enslaved had come. There were speeches, sermons and shared meals, mostly held at Black churches, the safest places to have such celebrations.

The perils of unjust laws and racist social customs were still great in Texas for the 250,000 enslaved Black people there, but the celebrations known as Juneteenth were said to have gone on for seven straight days.

The spontaneous jubilation was partly over Gen. Gordon Granger’s General Order No. 3. It read in part, “The people of Texas are informed that, in accordance

with a proclamation from the Executive of the United States, all slaves are free.”

But the emancipation that took place in Texas that day in 1865 was just the latest in a series of emancipations that had been unfolding since the 1770s, most notably the Emancipation Proclamation signed

by President Abraham Lincoln two years earlier on Jan. 1, 1863.

As I explore in my book “Black Ghost of Empire,” between the 1780s and 1930s, during the era of liberal empire and the rise of modern humanitarianism, over 80 emancipations from slavery occurred, from Pennsylvania in 1780 to Sierra Leone in 1936.

There were, in fact, 20 separate emancipations in the United States alone, from 1780 to 1865, across the U.S. North and South.

In my view as a scholar of race and colonialism, Emancipation Days – Juneteenth in Texas – are not what many

people think, because emancipation did not do what most of us think it did.

As historians have long documented, emancipations did not remove all the shackles that prevented Black people from obtaining full citizenship rights.

Nor did emancipations prevent states from enacting their own laws that prohibited Black people from voting or living in white neighborhoods.

In fact, based on my research, emancipations were actually designed to force Blacks and the federal government to pay reparations to slave owners – not to the enslaved – thus ensuring white people maintained advantages in accruing and passing down wealth across generations..

Reparations to slave owners The emancipations shared three common features that, when added together, merely freed the enslaved in one sense, but reenslaved them in another sense.

The first, arguably the most important, was the ideology of gradualism, which said that atrocities against Black people would be ended slowly, over a long and open-ended period.

The second feature was state legislators who held fast to the racist principle that emancipated people were units of slave owner property – not captives who had been subjected to crimes against humanity.

The third was the insistence that Black people had to take on various forms of debt in order to exit slavery. This included economic debt, exacted by the ongoing forced and underpaid work that freed people had to pay to slave owners.

In essence, freed people had to pay for their freedom, while enslavers had to be paid to allow them to be free.

Emancipation myths and realities On March 1, 1780, for instance, Pennsylvania’s state Legislature set a global precedent for how emancipations would pay reparations to slave owners and buttress the system of white property rule.

The Pennsylvania Act for the Gradual Abolition of Slavery stipulated “that all persons, as well negroes, and mulattos, as others, who shall be born within this State, from and after the Passing of this Act, shall not be deemed and considered as Servants for Life or Slaves.”

At the same time, the legislation prescribed “that every negroe and mulatto continued on page 5

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CIVIL RIGHTS

5 collect at military posts; and that they will not be supported in idleness either there or elsewhere.”

Juneteenth/ continued from page 4

child born within this State” could be held in servitude “unto the age of twenty eight Years” and “liable to like correction and punishment” as enslaved people.

After that first Emancipation Day in Pennsylvania, enslaved people still remained in bondage for the rest of their lives, unless voluntarily freed by slave owners.

Only the newborn children of enslaved women were nominally free after Emancipation Day. Even then, these children were forced to serve as bonded laborers from childhood until their 28th birthday.

All future emancipations shared the Pennsylvania DNA. Emancipation Day came to Connecticut and Rhode Island on March 1, 1784. On July 4, 1799, it dawned in New York, and on July 4, 1804, in New Jersey. After 1838, West Indian people in the United States began commemorating the British Empire’s Emancipation Day of Aug. 1.

The District of Columbia’s day came on April 16, 1862.

Eight months later, on Jan. 1, 1863, President Lincoln signed the Emancipation Proclamation that freed the enslaved only in Confederate states – not in the states loyal to the Union, such as New Jersey, Maryland, Delaware, Kentucky and Missouri.

Editorial credit: Antwon McMullen / Shutterstock.com

Emancipation Day dawned in Maryland on Nov. 1, 1864. In the following year, emancipation was granted on April 3 in Virginia, on May 8 in Mississippi, on May 20 in Florida, on May 29 in Georgia, on June 19 in Texas and on Aug. 8 in Tennessee and Kentucky.

Slavery by another name After the Civil War, the three Reconstruction Amendments to the U.S. Constitution each contained loopholes that aided the ongoing oppression of Black communities.

The Thirteenth Amendment of 1865 allowed for the enslavement of incarcerated people through convict leasing.

The Fourteenth Amendment of 1868 permitted incarcerated people to be

denied the right to vote.

And the Fifteenth Amendment of 1870 failed to explicitly ban forms of voter suppression that targeted Black voters and would intensify during the coming Jim Crow era.

In fact, Granger’s Order No. 3, on June 19, 1865, spelled it out.

Freeing the slaves, the order read, “involves an absolute equality of personal rights and rights of property, between former masters and slaves, and the connection heretofore existing between them, become that between employer and hired labor.”

Yet, the order further states: “The freed are advised to remain at their present homes, and work for wages. They are informed that they will not be allowed to

The meaning of Juneteenth Since the moment emancipation celebrations started on March 1, 1780, all the way up to June 19, 1865, Black crowds gathered to seek redress for slavery.

On that first Juneteenth in Texas, and increasingly so during the ones that followed, free people celebrated their resilience amid the failure of emancipation to bring full freedom.

They stood for the end of debt bondage, racial policing and discriminatory laws that unjustly harmed Black communities. They elevated their collective imagination from out of the spiritual sinkhole of white property rule.

Over the decades, the traditions of Juneteenth ripened into larger gatherings in public parks, with barbecue picnics and firecrackers and street parades with brass bands.

At the end of his 1999 posthumously published novel, “Juneteenth,” noted Black author Ralph Ellison called for a poignant question to be asked on Emancipation Day: “How the hell do we get love into politics or compassion into history?”

The question calls for a pause as much today as ever before.l Kris Manjapra is a Professor of History, Tufts University.

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DIASPORA CONCERNS

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Future COVID-19 Booster Shots Will Likely Need Fresh Formulations as New Coronavirus Variants of Concern Continue to Emerge

BY DAVID R. MARTINEZ THE CONVERSATION

B

eing up to date on COVID-19 vaccines means having had three or four doses of the same shot at this point. Current boosters are the same formulations as the first authorized shots, based on the original strain of the coronavirus that emerged in late 2019. They do still protect against severe COVID-19, hospitalizations and deaths. But as immunity wanes over time and new, more contagious SARS-CoV-2 variants emerge, the world needs a long-term boosting strategy.

I’m an immunologist who studies immunity to viruses. I was a part of the teams that helped develop the Moderna and Johnson & Johnson SARS-CoV-2 vaccines, and the monoclonal antibody therapies from Eli Lilly and AstraZeneca.

I often get asked how frequently, or infrequently, I think people are likely to need COVID-19 booster shots in the future. No one has a crystal ball to see which SARS-CoV-2 variant will come

next or how good future variants will be at evading vaccine immunity. But looking to other respiratory viral foes that have troubled humanity for a while can suggest what the future could look like.

Influenza virus provides one example.

It’s endemic in humans, meaning it hasn’t disappeared and continues to cause recurrent seasonal waves of infection in the population. Every year officials try to predict the best formulation of a flu shot to reduce the risk of severe disease.

As SARS-CoV-2 continues to evolve and is likely to become endemic, it is possible people may need periodic booster shots for the foreseeable future. I suspect scientists will eventually need to update the COVID-19 vaccine to take on newer variants, as they do for flu.

Forecasting flu, based on careful surveillance Influenza virus surveillance offers a potential model for how SARS-CoV-2 could be tracked over time. Flu viruses have caused several pandemics, including the one in 1918 that killed an estimated 50 million people worldwide. Every

year there are seasonal outbreaks of flu, and every year officials encourage the public to get their flu shots.

Each year, health agencies including the World Health Organization’s Global Influenza Surveillance and Response System make an educated guess based on the flu strains circulating in the Southern Hemisphere about which ones are most likely to circulate in the Northern Hemisphere’s upcoming flu season. Then large-scale vaccine production begins, based on the selected flu strains.

Some flu seasons, the vaccine doesn’t turn out to be a great match with the virus strains that end up circulating most widely. Those years, the shot is not as good at preventing severe illness. While this prediction process is far from perfect, the flu vaccine field has benefited from strong viral surveillance systems and a concerted international effort by public health agencies to prepare.

While the particulars for influenza and SARS-CoV-2 viruses are different, I think the COVID-19 field should think about adopting similar surveillance systems in the long term. Staying on top of what strains are circulating will help researchers update the SARS-CoV-2 vaccine to match up-to-date coronavirus variants.

How SARS-CoV-2 has evolved so far SARS-CoV-2 faces an evolutionary quandary as it reproduces and spreads from person to person. The virus needs to maintain its ability to get into human cells using its spike protein, while still changing in ways that allow it to evade vaccine immunity. Vaccines are designed to get your body to recognize a particular spike protein, so the more it changes, the higher the chance that the vaccine will be ineffective against the new variant.

Despite these challenges, SARS-CoV-2 and its variants have successfully evolved to be more transmissible and to better evade people’s immune responses. Over the course of the COVID-19 pandemic, a new SARS-CoV-2 variant of concern has emerged and dominated transmission in a series of contagion waves every four to seven months. Almost like clockwork, the D614G variant emerged in the spring of 2020 and overtook the original SARSCoV-2 outbreak strain. In late 2020 and early 2021, the alpha variant emerged and dominated transmission. In mid-2021, the delta variant overtook alpha and then dominated transmission until it was displaced by the omicron variant at the end of 2021.

There’s no reason to think this trend won’t continue. In the coming months, the world may see a dominant descendant of the various omicron subvariants. And it’s certainly possible a new variant will emerge from a nondominant pool of SARS-CoV-2, which is how omicron itself came to be.

Current booster shots are simply addi-

tional doses of the vaccines based on the outbreak SARS-CoV-2 virus strain that has long been extinct. The coronavirus variants have changed a lot from the original virus, which doesn’t bode well for continued vaccine efficacy. The idea of tailor-made annual shots – like the flu vaccine – sounds appealing. The problem is that scientists haven’t yet been able to predict what the next SARS-CoV-2 variant will be with any degree of confidence.

Planning for the future Yes, the dominant SARS-CoV-2 variants in the upcoming fall and winter seasons may look different from the omicron subvariants currently circulating. But an updated booster that more closely resembles today’s omicron subvariants, coupled with the immunity people already have from the first vaccines, will likely offer better protection going forward. It might require less frequent boosting – at least as long as omicron sublineages continue to dominate.

The Food and Drug Administration is set to meet in the coming weeks to decide what the fall boosters should be in time for manufacturers to produce the shots.

Vaccine makers like Moderna are currently testing their booster candidates in people and evaluating the immune response against newly emerging variants. The test results will likely decide what will be used in anticipation of a fall or winter surge.

Another possibility is to pivot the vaccine booster strategy to include universal coronavirus vaccine approaches that already look promising in animal studies.

Researchers are working toward what’s called a universal vaccine which would be effective against multiple strains.

Some focus on chimeric spikes, which fuse parts of the spike of different coronaviruses together in one vaccine, to broaden protective immunity. Others are experimenting with nanoparticle vaccines that get the immune system to focus on the most vulnerable regions within the coronavirus spike.

These strategies have been shown to ward off difficult-to-stop SARS-CoV-2 variants in lab experiments. They also work in animals against the original SARS virus that caused an outbreak in the early 2000s as well as zoonotic coronaviruses from bats that could jump into humans, causing a future SARS-CoV-3 outbreak.

Science has provided multiple safe and effective vaccines that reduce the risk of severe COVID-19. Reformulating booster strategies, either toward universalbased vaccines or updated boosters, can help steer us out of the COVID-19 pandemic. l David R. Martinez is a Postdoctoral Fellow in Epidemiology, University of North Carolina at Chapel Hill

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NYC POLITICS AM Cunningham/ continued from page 1 tor of operations for the National Institute of Criminal Justice Reform and is presently serving a term through the end of the year. However, he is running for reelection against other contestants for another two years.

Ahead of the election later in the month, we spoke with Assemblmember Brian Cunningham on his mission and views about pertinent issues in the community he represents and beyond.

The State Legislator Cunningham projects a leader convinced that there is an urgent need for action. He says, "Dr. Martin Luther King had a phrase talking about the fierce urgency of the moment. One of those moments is now when you think about the recent shootings in Buffalo, Texas, and Philadelphia this past weekend. There is a sense that we must act quickly as legislators and people who care about communities. " He can also be described as a "community servant." He has almost two decades of service in a job he got into by chance.

He revealed that the desire to discover who made decisions on public policy in schools led him to politics. "I remember when I first got involved in politics, I did not incline to want to do politics. I worked at a high school and wanted to find out who made decisions on public policy for schools. Found out it was state

lawmakers 160 miles away in Albany."

Thus, his journey started from an internship to become a special assistant to a politician. He was then deputy chief of staff and city council chief of staff before leading into his present position as a state legislator—all the while serving the people. "I was trying to figure out how to solve problems, then realized that policymakers had the capacity. Not only to affect one block, school, community but to reflect a state, became this journey and this hunger to want to do this."

Addressing the concerns of Immigrant Communities in District 43 While there are several concerns within the immigrant communities, Cunningham says he intends to focus on promoting policies to improve three significant areas of priority: •Housing challenges for renters and homeowners: "Housing is a huge thing in our community. We've seen rents increase by over 90% in the last few years. So, it's becoming more expensive to live in that community. Property taxes are going up whether you're a renter or a homeowner."

•He also intends to support economic development through capital accessibility, "In a heavily dense Caribbean and black American community, we have a lot of people who are entrepreneurs. But they don't have access to capital to start their businesses. I think unleashing that capital to help them kick start that inno-

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AM Cunningham hosts Women of Distinction: Spring Flowers. Editorial Credit: PP/IQINC

vation is essential.”

•A third priority is addressing the public health crisis by supporting the building of top-notch health facilities within the communities." Over the last two years, Covid-19 ravaged our communities. But now, we are focusing on getting people to a strong health baseline. Health care facilities like Downstate and Kings County will be 21st-century hospitals to help address some of these issues, both in wellness and care."

Caribbean and Immigrants’ Heritage Month Cunningham also acknowledged the importance of June as a month for celebrating the role of immigrants and their heritage, especially CaribbeanAmericans who celebrate their heritage.

Reflecting on how far he has come as a descendant of Jamaican immigrants, he recognizes the importance of commemorating while also planning for a more significant impact. "As a first-generation American, my mom got here with $56 in the 1970s. It wasn't a lot of money then and now. And today, her son is a state legislator representing one of the largest Caribbean communities in the state of New York."

His history now serves as one driving force for the resolve to ensure that members of his community benefit from the resources that abound in New York. "I am excited to think about how we now shift our priorities from just celebrating those historical months to ensuring that resources from the state of New York and the United States reach those Caribbean areas. And we're able to do some economic development between the two," he says.

Criminal Justice Reform He shared his thoughts on other topics like criminal justice reform. Mr. Cunningham recalled his journey into a subject he spent over five years exploring before becoming a state legislator.

He talked about his work at Save Our Streets Brooklyn before moving on to the National Institute for Criminal Justice Reform, where he developed a better understanding of how to approach the issue. "I'm excited about that work because it gives me a lens on what kind of reforms are needed. People often look at criminal justice reform and conflate that with disregarding public safety. That is far from the truth."

Instead, he sees it as enforcing accountability in the right situation while giving others of less magnitude a second chance at doing right. "We ought to hold violent offenders accountable, but we also should give grace to people who've made mistakes in their youth or even as adults.

We can delete those records that are not

productive to who they are now after rehabilitation".

Another area of passion is caring about the seniors, especially as they fall within his district. "The 43rd Assembly District is positioned to be a naturally occurring aging community. So, we should ensure that we provide more senior housing, and we haven't had enough food assistance for seniors, particularly with increasing grocery prices. So those are things that my office is working on."

He is strongly advocating alleviating their housing burden and mitigating the effect of inflation on their nutrition.

"There are so many seniors who don't have children who are in a position to help because they're also rent-burdened.

We have to do more to provide resources for our seniors. Particularly on housing, which takes 50 to 60% of most people's incomes, salaries, pensions, or their Social Security," he explained.

Cunningham applauded the role of the New York Attorney General in protecting many seniors from defrauders and predators in the community. "The Attorney General, Letitia James, has been doing a phenomenal job leading the charge on that and making sure that seniors become victims of deed thefts in Brooklyn."

The June 28 Primary Ahead of the election in the coming weeks, the Assemblyman recognized the support of various bodies, including labor unions -1199, but most importantly, the role of the community. "The community's support has been the thing that lifted me the most, and we're looking to expand that on June 28."

He explained that he wants the community to deliver their message by voting that District 43 is not for sale. "District 43 is an independent district that wants independent leadership, someone who is a thoughtful leader, homegrown and homebred and will continue to fight for the community," Cunningham urged.

Based on his accomplishments over the past two months, he intends to deliver more in the next two years if reelected.

"In two months, we've passed four bills that are going to be law. We brought home resources to our community, $1.5 million in capital funding directly to our schools and some of the cultural institutions and hospitals. We've spent over half a million dollars just on helping nonprofits continue to support communities. But most importantly, we've shown up fighting issues of transportation and pay equity, and we continue to show up for issues like gun violence," Cunningham summarized.

In closing, Cunningham promised to continue to serve his constituents of the 43rd District.l

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FAMILY MATTERS

9

Trouble Paying Bills Can Take a Heavy Toll on Fathers’ Mental Health, Leading to Family Conflict fathers’ depressive symptoms and not those of the mother. Examples of depressive symptoms included feelings of sadness, sleep problems, difficulty concentrating, disinterest in eating, and loneliness.

BY JOYCE LEE, THE CONVERSATION

F

or families on low incomes, difficulty paying utility bills, rent, mortgage or health care costs set the stage for parental mental health problems, especially for fathers, that then lead to potentially violent family conflict.

These are the key findings of a study I led that was recently published in the journal Family Relations.

Prior poverty research has been primarily conducted with mothers, with a predominant focus on low incomes, without considering the role of so-called “material hardship” and its impact on fathers.

Family income refers to a specific dollar amount that parents bring in through paid work, such as an annual household income of US$27,750 for a family of four, whereas material hardship – or the “everyday hardships of making ends meet” – refers to whether a family has faced any challenges meeting basic needs such as food, utilities and health insurance.

My research team found that it was not low family income per se but rather the

everyday hardships of making ends meet that was linked with fathers’ poorer mental health that then led to more negative conflict behaviors with the mothers.

Such conflict behaviors included blaming the partner for things that go wrong; putting down a partner’s feelings, opinions or desires; or little arguments turning into ugly fights with accusations and name-calling. Such verbal aggression can be damaging to the partner relationship and is shown to be harmful for young children who witness their parents engaging in such behaviors.

To carry out this study, my team used

data from the Building Strong Families project, a large and racially diverse sample of 2,794 mostly unmarried heterosexual couples caring for young children and living with low income. Our goal was to examine how economic insecurity – defined as low family income and material hardship – was associated with mothers’ and fathers’ mental health conditions and relationship functioning.

One of the key findings was that the association between material hardships such as difficulty paying for bills, rent and health insurance and destructive conflict behaviors worked primarily through

Why it matters These findings suggest that the negative effects of material hardship on relationship dynamics within couples operate by hurting fathers’ mental health more so than that of mothers. In light of traditional gender norms, fathers may feel more stressed than mothers when they are not able to fulfill the primary breadwinner role. That is, when fathers feel they are not economically providing to alleviate everyday economic stressors in their families, that can lead to more mental health problems and more conflict between fathers and mothers. Our study suggests the importance of focusing equal attention on fathers and how family interventions might help alleviate the issues that lead to fathers’ depressive continued on page 10

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IN THE NEWS

BBP Reynoso Launches Brooklyn for All, Inc Charity

10 Father’s Mental Health/ continued from page 9

B

ROOKLYN, NY: On June 13, Brooklyn Borough President Antonio Reynoso announced the launch of Brooklyn for All, Inc. (BFA), the Brooklyn Borough President’s cityaffiliated charitable corporation. BFA aims to promote the cultural diversity of Brooklyn through services, events, and programming that support Brooklyn’s residents, businesses, community-based civil and cultural institutions, and the community at-large to enhance the lives of Brooklynites. BFA will achieve this primarily through fundraising activities and organizational support.

BFA’s fundraising efforts will mirror Brooklyn Borough President Reynoso’s guiding principles of transparency, forging strategic partnerships with organizations and individuals that reflect the administration’s ethical standing, and a focus on diversity, equity, and inclusion.

“I was elected as the President of the greatest borough in the world eager to enhance the borough’s future by tackling massive issues we’ve been faced with, including closing crisis-level maternal mortality rates, advocating for more affordable, high-quality housing, supporting the creation of more high-paying jobs, reducing the gun pandemic, making our borough greener, cleaner, and more sustainable, and so much more. But we mustn’t forget all of the incredible qualities of Brooklyn that begin and end with our diversity, culture, and energy,” said Brooklyn Borough President Antonio Reynoso. “Through an equally diverse Board of Directors, BFA will serve as the engine that will ultimately promote unity and celebrate the rich diversity, history, culture, and future of the greatest bor-

BBP Reynoso. Credit: Reynoso Campaign

ough in the world, Brooklyn.”

“It’s an honor to have been tapped by Brooklyn Borough President Antonio Reynoso as a co-founding director of Brooklyn for All, Inc. and as chair of its Board of Directors,” said Director and Board Chairperson Dr. Debbie Almontaser. “As an educator, non-profit leader, and authority on cross-understanding, I am exceptionally proud to work with other board members – together representing all corners of the borough – to amplify and uplift the vast diversity of Brooklynites. I look forward to working with the Board to preserve, create, and expand programming and events that will unveil the depth and breadth of communities to date unheard and unseen.”

“Antonio understands that true change comes from the community, from the ground up,” said Director, Board ViceChairperson and Secretary Jenna Bimbi.

“Knowing Antonio for nearly a decade, I have seen firsthand his dedication to progress. He has been a tireless champion for improved maternal health care, safe open streets, environmental equity, and a more prosperous future for our bor-

ough. I am honored to work with him as a founding director to build a Brooklyn that lifts everyone, in every neighborhood.”

“I am really excited to be part of Brooklyn for All as a founding director and Treasurer, and feel privileged to be working alongside an outstanding group of fellow directors,” said Director and Board Treasurer Peter Restler. “Borough President Reynoso’s vision for BFA is exactly what’s needed to support the energy and enthusiasm central to Brooklyn’s culture.”

BFA’s Board of Directors, appointed by Brooklyn Borough President Antonio Reynoso, is comprised of Brooklynites – natives and long-term residents – each with diverse backgrounds, relevant to promoting the inclusion of underrepresented groups and communities in Brooklyn. Board members’ demonstrated professional expertise, competence, or experience in the areas of corporate finance, non-profit fundraising, corporate governance, or management will support the intention and goals of the organization.l

symptoms and negative conflict between parents.

Relatedly, during the COVID-19 pandemic, parents – including fathers of low-income status – have experienced high levels of pandemic-related unemployment, economic insecurity and mental health problems. As such, addressing fathers’ and mothers’ mental health seems exceptionally critical and has the potential to support healthy family functioning during the ongoing pandemic.

What other research is being done I am beginning to explore how families might be resilient against the negative effects of poverty by looking at positive relationships between parents as sources of strength. For example, in another study I led, I showed that when mothers and fathers focused on positive behaviors such as being a good co-parenting team on behalf of their children, they were more likely to withstand economic stressors linked with poverty and to engage in warm and sensitive parenting that benefited their young children’s social development.l Joyce Y. Lee is an Assistant Professor of Social Work, The Ohio State University

Are you looking to get into the health & wellness business?

Contact:

Stacy Young Board Certified Holistic Health Coach Tel: 917-459-8431 VISIT WWW.CAWNYC.COM FOR THE LATEST CARIBBEAN NEWS, IMMIGRATION UPDATES, VIEWPOINTS, ENTERTAINMENT & MORE! LIKE US ON FACEBOOK @CAWNYC!

IN THE NEWS

11

Vision Zero: DOT Announces Plan for Older Adult Pedestrian Safety

N

EW YORK: NYC Department of Transportation (DOT) Commissioner Ydanis Rodriguez on June 14, announced that the NYC Department of Transportation has released the Pedestrian Safety and Older New Yorkers Study, as well as a series of initiatives that are part of a larger investment to improve overall pedestrian safety at intersections.

The study analyzes key factors contributing to crashes amongst older New Yorkers and put forth commitments to Vision Zero treatments like turn calming, which lower senior pedestrian deaths and serious injuries by up to 60%. The report also identified new Senior Pedestrian Zones to guide future engineering, enforcement and education. DOT will install turn calming treatments at 50 intersections annually and drastically expand pedestrian head-starts (known as Leading Pedestrian Intervals — or LPIs) installations by 2024 within those same zones, along with a host of other commitments to keep older pedestrians safe.

“We recently convinced Albany to allow us to operate our speed cameras 24/7, but we have even more work to do,” said

DOT Commissioner, other officials and community members at the press conference. Editorial credit: PP/IQINC

Mayor Eric Adams. “Because the lives of the oldest New Yorkers are so precious, we are going to also work around the clock to protect them — being relentless in our pursuit of street safety — including safer designs.”

“Crashes do not necessarily occur more often to older pedestrians, but we have found that when they do happen, the crashes are far deadlier,” said DOT Commissioner Ydanis Rodriguez. “That is why we must make the areas around senior centers even safer, building safer streets that are inclusive to all New Yorkers -- but especially those who are

most vulnerable. Data is always at the forefront of our work, and this study allows us to make targeted investments that will save the lives of seniors citywide.”

“As an age-inclusive city that is committed to providing community care for older New Yorkers, protecting our older adults from traffic injuries and traffic deaths is imperative. I would like to thank the Department of Transportation’s leadership for highlighting this important issue and for the target goals outlined in the study that will help improve pedestrian safety,” said Department for the

Aging Commissioner Lorraine CortésVázquez.

Senior Pedestrian Zones identified in the study will guide future engineering, enforcement and education. They cover the locations of approximately 30% of citywide older adult fatalities and severe injuries but only 13% of the city’s square mileage. DOT’s data driven commitments include: •Extending LPI crossing times during mid-day in Senior Pedestrian Zones and at new LPI locations by the end of 2024 •Adding LPIs at all feasible intersections on Priority Corridors in Senior Pedestrian Zones by the end of 2024 •Creating Senior Turn Calming initiative and installing treatments at 50 Older Adult targeted intersections annually •Implementing ten or more Senior Street Improvement Projects annually •Targeting Raised Crosswalks to older pedestrians and safety improvements near and at bus stop locations •Targeting safety improvements to bus stop locations under elevated trains •Targeting Older Adult Education and Outreach to Senior Pedestrian Zones l

Speeding ruins lives. Slow down.

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IMMIGRATION

12

DACA and the Distance Still to Go for Dreamers

BY CHANCELLOR MATOS RODRÍGUEZ & CO-FOUNDER DONALD E. GRAHAM

I

t’s been exactly a decade since President Obama, at the urging of undocumented students, signed an executive order creating DACA — Deferred Action for Childhood Arrivals.

DACA allowed young people raised in America, known as Dreamers, to secure an education and legal jobs despite their immigration status. It turned out to be a masterpiece of policymaking. It is a challenge to name a federal program that has accomplished so much at so little cost.

The program is still working wonders for the 600,000 people currently enrolled in it, but no one else can apply for the program because of various court fights and congressional inaction, meaning most undocumented students graduating from U.S. high schools this year and many graduating from college cannot work legally.

At the City University of New York, this includes some nurses or trained teachers who just graduated yet can’t work in New York’s desperately understaffed hospitals and public schools. In some cases, these may be local schools

Editorial credit: Susan Montgomery / Shutterstock.com

where they were educated.

Most Americans side with the Dreamers — those students who came to the U.S. as young children with their undocumented parents in search of a better life. The most recent Pew survey says that 74% of Americans favor giving Dreamers permanent legal status. Still, cruelly, among high-school students, only Dreamers cannot access federal aid for college. That means no federal Pell grants or even loans — and in most states, no state aid either. (Fortunately, New York State is a notable exception to this rule, and allows Dreamers access to state funds.)

The Obama administration created the

DACA program in 2012 by ordering the Department of Homeland Security — after Congress failed to take action — to create a special legal status for young people raised in this country. To enroll in the program, recipients had to meet several requirements including coming to the U.S. before June 2007, prior to their 16th birthday, and having never been convicted of a serious crime. The applicant had to pay $495 to apply for DACA status, and renew their status every two years. In return, DACA applicants — unless they commit a serious crime — won a respite from deportation for two years, a work permit and Social Security number.

CUNY has always been welcoming for immigrants of any kind, documented or undocumented. More than a third of CUNY undergraduates were born outside the U.S. mainland, hailing from a diversity of countries including the Dominican Republic, China, Bangladesh, Jamaica, Guyana, Ecuador, Haiti and Mexico, and an estimated 5,000 CUNY students are undocumented. These students often face severe obstacles in accessing basic resources such as financial aid, in-state tuition, scholarships, governmental resources and other forms of public assistance. But these students are invaluable to our classrooms, their curiosity, tenacity and commitment to learning strengthen our colleges.

DACA has also been good for the economy. The organization American Action Forum estimated that DACA is adding $42 billion a year to the United States’ GDP, and $3.4 billion to U.S. tax coffers (and both will clearly grow, since DACA recipients are in the early stages of their careers). Other estimates are much higher.

Despite the benefits of DACA, continued on page 13

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IMMIGRATION

Legal Proceedings Begin On Local Law 11-2022

S

taten Island, NY: On June 3, the Our City, Our Vote coalition, a group of advocates fighting for expand access to the ballot box held a press conference alongside elected officials at the Richmond County Supreme Court ahead of the start of the legal proceedings around the lawsuit against the Our City, Our Vote law (Local Law 112022). Enacted in January, Local Law 11-2022 allows lawful permanent residents and persons authorized to work in the United States in New York City to participate in municipal elections beginning in 2023.

New Yorkers spoke about how Local Law 11 would empower immigrant communities by giving them a say in who represents them in local elections, while also denouncing the lawsuit as another instance of restricting voters’ access to the ballot box. With over 800,000 eligible residents, New York City would be the largest jurisdiction in the country to offer voting rights to its non-citizen residents.

Advocates also called on the Mayor and City Council to create a $25 million fund to be distributed to conduct truly expansive city-wide voter registration, voter education, and GOTV, while addi-

tionally increasing the budgets of the NYC Board of Elections (BOE) so that they may properly implement Local Law 11. The budget increase will allow the BOE to educate new voters of their rights, support voter registration and increase language access and translation services. Livestream of the event is linked here and photos and video are attached.

“Today’s court proceedings are yet another example of Republicans trying to disenfranchise Black and brown communities through misinformation and deception,” said Murad Awawdeh, New York Immigration Coalition Executive Director. “Local Law 11 would make it possible for immigrant New Yorkers who are active in their communities, work here, raise their children and pay taxes here to participate in their local democracy. They deserve to have the right to elect the individuals who represent their interests. When it’s all said and done, New York City’s immigrant communities will prevail.”l

13 DACA and the Distance Still to Go/ continued from page 12 President Trump halted the program in 2017 and, in July 2021 a federal judge in Texas ruled it was unlawful. Even when President Biden temporarily reopened applications before the court decision, only a fraction of first-time applicants were approved, leaving a backlog of more than 55,000 pending applicants. Tens of thousands of young people remain in limbo, including many finishing school and eager to contribute to our economy.

This month, New York’s high schools will be graduating students who have been living in the U.S. for most of their lives but arrived too late to benefit from DACA. TheDream.US, which provides college scholarships to Dreamers, found that the average age of their recipients came to this country as a 4-year-old. No democratic country punishes anyone for actions they took as a 4-year-old — except for our country and for these students. All Dreamers deserve to secure legal work in the U.S. without fear of deportation for a decision they had no choice in making.

Congress has introduced dozens of bills that would let these students remain in this country to study and work — and one day become citizens — but failed to address this ongoing problem. Conservative estimates predict that 98,000 undocumented students graduate from U.S. high schools every year — almost a million in 10 years. Without congressional action, the opportunities for these young students to attend college will be drastically limited, denying them the education to work in our hospitals, schools and other industries that contribute to our economy and wellbeing. And we as a nation will suffer.l Félix V. Matos Rodríguez is the Chancellor for CUNY and Donald E. Graham, is the co-founder of TheDream.US scholarship. This op-ed originally appeared in the New York Daily News on June 15.

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JOBS & RECESSION

14

What Services Can a Paralegal Provide? trative hearing. However, if the case is appealed to a court, you'll have to find a lawyer to represent you.

BY THE CHAMBER COALITION

T

he legal profession includes many individuals who are not actually lawyers. This, however, doesn't mean that they cannot do any legal work. There are plenty of services that can be provided by a paralegal, and these services can make all the difference in your case.

Paralegals can perform substantive legal work that has been delegated to them by a lawyer. They often have a mix of work experience, education, and professional training that qualifies them for this job. Below are some of the services that you can request from a paralegal.

Preparation of Documents Have you ever wondered how a lawyer is able to show up to different court cases on the same day and still have all the documents they need? This is usually because they have a team of paralegals to whom they delegate this work.

Individuals in this profession are very good at preparing legal documents.

From briefs and contracts to agreements, paralegals have the knowledge and experience to get these documents ready in a short amount of time.

Providing Legal Information to a General Audience Paralegals can't offer legal advice to someone. However, they can provide legal information to a general audience.

There are many individuals around the country who are unaware of their legal rights in various situations. Employees, tenants, and other parties might be forced to endure certain conditions simply because they are unaware that the law is on their side.

A paralegal can be brought in to provide some legal information to such an audience so they are more aware of where the law stands when it comes to certain issues or how they can go about

getting legal aid if they need it.

Explaining Procedural Issues of Law Many people who have never been to court before will be surprised at how certain things are handled. You could spend a day getting ready to argue your case only for proceedings to be postponed. One reason for this is court procedures. There are many procedures that courts are required to follow and paralegals can explain these to you.

Representing Parties in Administrative Law Hearings An administrative agency can allow a paralegal to represent you at an adminis-

Rising Prestige As paralegals perform more complex and challenging work, paralegal prestige is rising. Paralegals are no longer simply lawyer's assistants; they assume corporate management roles, leadership roles in law firms, and entrepreneurial roles in independent paralegal businesses. Over the years, paralegals have transcended the image of glorified legal secretaries to become respected legal team members.

Ready to Take the Leap?

A career as a paralegal can be rewarding professionally and personally and offers a unique opportunity to help others; options vary, depending on the paralegal's practice area. Paralegals in the public interest sector help poor and disadvantaged segments of the population with legal issues ranging from protection from domestic abuse to assistance preparing wills. Ready to take the leap, the next step? Call us at 718-722-9217 or visit www.freeparalegal.org to complete your registration which includes payment.l

Orientation is Monday, July 18, 2022

Join us via Zoom at 6pm

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www.willsandestates.nyc

June 2022

1

SPONSORED INSERT: Estate Planning

Law Firm of Figeroux & Associates

INSIDE: •Getting Your Documents in Order

•Do

You Need Extra Insurance?

•The

Importance of a Living Trust

•Updating

•Estate

Your Will

Planning for LGBQTIA+ Community

•Planning

for Disabled Children •Choosing

An Estate Attorney

•Taking

Inventory

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June 2022

www.willsandestates.nyc

2

SPONSORED INSERT: Estate Planning

Getting Your Documents In Order Do You

B

Need Extra Insurance?

Last Will and Testament Wills are the most well-known of these documents, providing an official road map for where your belongings will go. Beyond describing who will receive your assets, the last will and testament also designates a manager to settle your estate and a legal guardian for any minor children.

Otherwise, a court will make these appointments.

ftentimes, we think of every detail in advance of our unfortunate demise ... except paying for the final ceremony. You may assume that a life-insurance policy covers the cost of a funeral, but that’s not always the case — and these expenses can quickly add up.

In November 2021, the National Funeral Directors Association estimated that median costs had increased almost 7% over the past five years to $7,848. The price of cremation was going up faster still, at an increase of more than 11% to $6,970 over the same timeframe. Funeral insurance might provide your family with the peace of mind needed during an already-stressful moment.

uilding an estate plan requires a clearly marked paper trail so that your wishes can be followed.

Organizing everything beforehand ensures that these end-oflife allocations are doled out in a timely and fair manner. Here’s what you’ll need:

Power of Attorney Unfortunately, our deaths are sometimes preceded by lengthy illnesses.

A durable power of attorney ensures that your estate is cared for, even if you are incapacitated late in life. Your designee will make sure bills are paid, manage investments and attend to other daily responsibilities so that these things don’t become an issue in death. You can set up an immediate power of attorney, if you are have pending surgery or are facing wors-

O

ening health issues. A so-called “springing” power of attorney doesn’t become active until you are unable to handle your own affairs — but it isn’t available in all states.

Letter of Instruction This is not legally required, or in any way binding, but it might be a good idea. A letter of instruction provides larger context for your wishes, while also directing the executor and your remaining family to important paperwork and other belongings. For instance, you might outline where your safe-deposit box is located, along with the key and a list of all contents. Some choose to discuss preferences for funeral and burial, and the names of anyone else who

should be notified. Feel free to prepare this letter yourself, while an attorney should handle other necessary estate-planning documents.

Why It’s Important Legal documents provide a platform for your decisions to be heard. You won’t be around to protect your belongings, or justify your personal choices. This paperwork becomes your voice, while easing the responsibilities — and perhaps even the pain — for those left behind. Complex determinations about distribution of possessions and final issues with your finances will be fixed and approved, allowing everyone else to move on with grieving.p

Burial Insurance An unexpected funeral expense might arrive with other unresolved personal debts, added yet another burden for grieving loved ones.

Burial insurance can alleviate that worry. This works like a life insurance policy, but with a smaller benecontinued on page 3

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www.willsandestates.nyc

June 2022

3

SPONSORED INSERT: Estate Planning

Importance of a Living Trust

Do You Need Extra Insurance?/ continued from page 2

M

ost know how critical it is to create a last will and testament when estate pre-planning. Despite its name, however, a will isn’t the final document you need to ensure a smooth transferal of your earthly possessions to the next generation. Here’s a look at how a living trust smooths the way for the proper execution of your will.

How Trusts Work Without a living trust, you risk sending your surviving family members through a drawn-out legal proceeding known as probate. These hearings first determine whether a will is valid. They then turn their attention to locating and valuing a decedent’s assets. Any outstanding bills and tax debts are paid. Finally, probate hearings make a determination on distributing whatever remains to those who are named in your will. Living trusts streamline the process, proving for a designated family member or friend to manage your property. They can then quickly resolve these end-of-life issues.

Appointing Someone The very first requirement is finding an executor who you completely trust

to handle this important process in your absence. Your executor should also be someone who is mature enough to deal with a very difficult assignment. If you can’t find the right person — or if the intention is to leave out all direct beneficiaries — then you can name a representative from your bank or trust company to handle things.

Setting Them Up A person who you appoint handles everything that the court would slowly work its way through, transferring ownership to your intended beneficiaries and following any other instructions. Seek out the advice of an attorney who specializes in living trusts and wills, so that you can be assured that everything in these documents is legally binding. What if you change you mind? Living trusts

are revocable, as long as you’re deemed mentally competent.

Potential Problems There is one notable downside.

Living trusts are typically far more costly to set up than the average straight-forward will. In the long run, however, that additional cost will be worth it in your absence since your family won’t have to deal with probate. Be aware that some banks and mortgage companies require that any real estate be removed from the trust before refinancing. A pre-planning professional can walk you through the process. Also, be sure to name yourself and spouse as trustees in your living will, so you’ll remain in control of all assets before your death. your finances will be fixed and approved, allowing everyone else to move on with grieving.p

fit — generally ranging from about $10,000 to $25,000. Under most state laws, these policies must be secured through an insurance company agent or broker, according to the Insurance Information Institute. The benefit is immediately paid to your designated survivor and can be dispersed as they wish. That includes final arrangements, of course, but also the decedent’s bills like medical or credit-card debts, mortgages, and personal loans. Shop around, however, because rates can be different based on age, health conditions and other coverage.

Pre-Need Policies Even standard life insurance policies with a death benefit require that survivors take over planning the funeral. Pre-need policies ensure that all those details are handled in advance.

The difference between these policies continued on page 4

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www.willsandestates.nyc

June 2022

4

SPONSORED INSERT: Estate Planning

Updating Your Will

Do You Need Extra Insurance?/ continued from page 3

W

ills are designed to be ironclad documents that set forth how you want assets dispersed to loved ones.

They take the guesswork — or, in some sad cases, the arguments — out of a critical moment in this very emotional process. But they’re not ironclad at all.

In fact, there are several instances in which you should go back and update this document so that it doesn’t end up creating the very end-of-life problems you’re trying to avoid.

Marital Status If you get married after executing a will, you’ll need to add your new spouse as a beneficiary. Most states allow a spouse to receive their portion of an estate, even if a will is not in place. But securing that benefit can be a lengthy and difficult process.

Obviously, your will might also be changed if you get a divorce, since your spouse would typically no longer be a beneficiary. Spouses are also generally named as guardians for minor children and estate executors in wills, so those designations may also need to be updated when a marriage ends.

Tax Laws Work directly with a professional

estate planner when crafting this document, since they will have the most upto-date information on your will’s tax implications. But be aware that these laws change, and sometimes your final document has to be updated in order to remain in the appropriate legal standing. A legal representative should make periodic reviews of your will, with an eye toward updating things like estate-tax issues.

Adding a ‘P.S.’ If you’re only adding a small change after the will has been competed, you may choose to make what’s called a codicil — basically a legal “P.S.” to your will. An extra page is written, signed and witnessed, just as your original will was, then attached. After death, both documents are to be read and followed. More important chances should involve an entirely new will.

and burial insurance relates to the beneficiary. With the pre-need option, foreseen costs including the ceremony, burial or cremation are again paid — but directly to your selected provider, rather than to a designated family member or friend.

When deciding, look for policies that feature locked-in pricing, so your service costs will be fixed. Make sure the policy is transferable in the event you move or die elsewhere.

Financial Situation If you endure an economic downturn, it may be necessary to pay out less to your beneficiaries to make sure that the estate’s other obligations are still met in your absence. On the other hand, if you experience a notable financial uptick, you may want to increase the benefit for those you leave behind — or maybe even add a new beneficiary.

Ask for Advice A will is your ironclad way to disperse your assets to loved ones as you wish.

Don’t be afraid to ask your legal expert for advice on other moments that may benefit your last will and testament.

Remember, this document is incredibly important to keep accurate as it articulates your vision and solidifies your legacy.p

A Frank Discussion Whatever you choose, it’s important to have a frank discussion about your wishes in advance.

Talking about death is never easy, but the more your survivors understand your particular approach to funeral services, the easier it will be when the time comes. p

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SPONSORED INSERT: Estate Planning

June is Pride Month! Estate Planning for the LGBTQIA+ Community

BY LINDA NWOKE

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veryone needs proper estate planning, especially if you want to protect your assets and loved ones in the event of an illness or accident. For communities of people described according to their sexuality, physiological sex characteristics, and gender as lesbian, gay, bisexual, transgender, intersex, queer/questioning, asexual, non-binary, and pansexual (LGBTQIA+), it is a critical document to have in place.

Studies indicate that non-heterosexual people encounter almost twice as much violence or abuse, such as mental, sexual, physical, or emotional, than their heterosexual counterparts.

Such discrimination and prejudice cause an additional layer of risk in addition to the social, biological, psychological, and environmental factors that often lead to anxiety, depression, and suicide in some instances.

Both real-life and research experiences have found that LGBTIQA+ people often have an increased risk of anxiety and depression, suicidal thoughts, self-harming, and engage in substance abuse Nevertheless, regardless of any individual's orientation, estate planning remains vital because of the numerous advantages of its power to reduce the probate process and its delays, expenses, and loss of privacy in some instances. An additional benefit includes the incorporation of business succession and charitable giving into an estate plan.

However, most life and estate planning issues fall within matters of state law. The state has rules that specify what happens to the individual, loved ones, and assets during their lifetime, incapacitation, and after death. Hence preparing a plan will ensure the execution of the person's wishes by people they trust.

However, for the LGBTQIA+ community, having their estate planned legally protects the individual against discrimination even when others are reluctant to recognize their preferences and relationships. For married couples and families, beyond permitting partners the right to make decisions, especially in a case of need for care of their loved ones if incapacitated, it also creates the mechanisms that financially provide for the partner in

the situation.

Impact of U.S Supreme Court Legalization of Same-Sex Marriages In 2015, the U.S. Supreme Court, in the case between Obergefell v.

Hodges, ruled and legalized same-sex marriages. The legislation stated that a valid same-sex marriage in one state must be recognized in all states.

Hence, creating opportunities for married lesbian and gay couples to benefit from the once-out-of-reach estate planning strategies. The historic legislation made same-sex marriage a fundamental constitutional right. It provided the union an opportunity to protect its interests in case of any eventuality.

The Supreme Court's decision to recognize same-sex marriages opened many previously unavailable tax savings and legal tools only available to "traditional" legally recognized marriages.

Married same-sex couples with proper estate planning documentation will receive all eligible state and federal benefits of marriage. Some federal benefits include an unlimited marital deduction for federal estate and gift taxes.

The federal government does not recognize non-marriage alternatives such as adults in civil unions and domestic partnerships. Thus, they will not receive these privileges.

Rather, such couples will likely receive partnership-based decisionmaking benefits and privileges, which require a different type of planning. This partnership is characterized, thus creating a possibility of the legal framework to protect the partners within the union.

Furthermore, unmarried same-sex couples who cannot receive maritalbased tax benefits can use other legal

mechanisms. They will ensure that partners within the relationship receive the legal right to inherit each other's assets.

In addition, they will also be able to make health care decisions for each other. However, their legal framework differs from that of a legally married couple.

The Importance of a 'Revocable Living Trust' for the LGBTQIA+ Community Many people think of a Trust as a fixed document owned by the rich to keep their children from wasting the family fortune. Instead, it is a very flexible, powerful, and valuable Life Planning document for anyone that desires it.

In the case of many LGBTQIA+, they rarely confine themselves to traditional family structures. Thus, their families often include ex-spouses, biological children with former legal spouses, parents, stepchildren, adopted children, siblings, "in-laws," and unrelated, chosen families.

While single LGBTQIA+ individuals can have their blood family or choose to form "chosen families" of friends and strong support communities. Thus, adopting a traditional "blood-related" family will exclude the most important people in their lives as LGBTQIA+ individuals.

The absence of a Trust can be tragic at worst for such a person, estranged from their family or relatives. The state will make decisions that ignore your partner, close family members, friends, and any cause that matters to you.

Therefore, life planning becomes essential, and the consideration of a Trust is valuable.

In an arrangement such as living together or marriage, a revocable liv-

ing trust authorizes the couple to appoint each other as trustees. It allows them to control their loved one's financial affairs if any becomes incapacitated.

Another instrument for managing the affairs of a loved one is a durable financial power of attorney.

However, the rules and requirements vary from state to state, making it necessary for review and reconfiguration if they relocate.

In New York, a healthcare power of attorney or healthcare proxy allows couples to appoint their partner to make necessary healthcare decisions on their behalf. It is considered essential for LGBTQIA+s in marital or cohabitation living arrangements.

Cases of Advance Healthcare Directive for the LGBTQIA+ Community In addition to a health care power of attorney or trustee, a Health Insurance Portability and Accountability Act (HIPAA) privacy authorization form is essential. This federal law-backed act protects and prevents the disclosure of sensitive patient health information without the patient's consent or knowledge.

The privacy authorization form permits healthcare professionals to disclose important health and medical records to a partner.

An existing and durable health care power of attorney can prevent biological family members' attempts to interfere with a partner's or spouse's ability to make medical decisions for their loved one. Therefore, the instrument can avoid interference from family.

The Importance of a 'Will' for the LGBTQIA+ Community with Minor Children A will is essential in several situations, especially where same-sex couples have children, and one of the parents is non-biological. The choice serves as a legal tool to address the guardianship of the minor children in the family. It is the only document that states children's control and identifies or names an executor. The absence of this instrument resulted in many custody battles over LGBTQIA+ parents' non-biological children among families due to the continued on page 6

ADMINISTERING & SETTLING ESTATES "The Law Firm of Figeroux & Associates was founded to serve our clients, but also to contribute to the greater good."

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June 2022

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Choosing An Estate Attorney

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rganizing your estate can be overwhelming without the help of an expert. With the assistance of an estate planning attorney, you can discuss your vision for your assets before death. Don’t risk creating a plan that doesn’t specify your decisions to the exact details.

When searching for a specialized attorney, it’s important to chat with a few different experts in your area.

Make sure you feel comfortable in their office as the discussions of finances and final wishes can be intimate. Once you find several attorneys to interview for the role, here are some questions you should ask before deciding: How Long Have They Been Practicising Estate Planning Law? Many general attorneys will advertise that estate planning is a part of their practice. They can be a great help when creating legal documents like a will, health care directives and power of attorney. However, if your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy.

If your financial situation is more complicated, an experienced estate planning lawyer will have better knowledge of the ever-changing laws and know how to protect your legacy.

You should also know how long they have been in practice. Someone who has extensive experience in the industry has likely discovered flaws in previous cases and has learned how to correct them. Ensuring your final wishes are in good hands, is great peace of mind for both you and your loved ones.

Do They Regularly Update Plans?

To stay on top of your estate, find an attorney who offers an updating and maintenance program. The service may cost more, but they will contact you throughout the year and discuss

new techniques, life-changing events which may impact your plans and alterations to laws.

Working with a lawyer who stays in contact with you about your estate plan ensures your documents will be up-to -date when it’s needed.

How Do They Charge?

Estate planning is necessary to prepare your family before your death.

Ask about the fees the attorney charges. During the interview, find out if he or she charges a fixed rate or hourly. You don’t want to be surprised with unexpected fees. p

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The LGBTQIA+ Community/ continued from page 5

death or incapacity of their biological parents.

Over time, several studies show that the LGBTQIA+ community often lags in having a revocable living trust or will in place. This document is critical for non-married LGBTQ+ people in a committed relationship. The State law, which often takes precedence in such cases, will, by default, grant rights to biological family members without legal documents to state otherwise.

In another instance, if one of the partners is in a legal union before marriage, the partner is subject to the patchwork of previous state laws.

There is the possibility of unintended consequences for new estate planning.

Before 2015, some gay and lesbian couples who got married in states that recognized their marriage but later moved believed their marriage was non-binding in the states that did not recognize same-sex marriage.

These couples may split up without legally dissolving their marriage.

However, some states will automatically convert registered civil unions or domestic partnerships into legal marriages.

Consequently, there are now LGBTQIA+ people who are married and unaware that they are open to the possibility of future claims against their estate from a previous marriage. It is pertinent that previous LGBT relationship structures must be addressed before finalizing one's estate plan.

Ensure that previous legal arrangements, civil unions, and domestic partnerships are resolved and dissolved to protect against such eventualities.

Ultimately, specific issues unique to the LGBTQIA+ community make planning more complex. This article is a summary to encourage LGBTQIA+ communities to consider estate planning's contribution to creating a Life Plan that brings clarity, authority, ease, and peace of mind to daily affairs.

Legal Help If you have questions regarding the inheritance of your property, who can make decisions for you if you're unable to, and who you would like to care for your children should the need arise, call the experienced professionals at the Law Office of Figeroux & Associates. To schedule an appointment, call 855-768-8845 or visit www.askthelawyer.usp

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SPONSORED INSERT: Estate Planning

Planning for a Disabled Child

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state pre-planning should be an important part of everyone’s financial regimen, but this process becomes even more important when you have a child with disabilities.

A lot of factors go into creating a uniquely designed plan, depending on their unique personal challenges and whether they are a minor or adult. The goal is to help your special-needs child continue to lead an enriching, happy life even in your absence.

A Lifetime of Care The larger goal of special-needs planning is to preserve public aid while also supplementing your child’s care.

There are additional benefits to taking care of this right away: If plans are put in place while you’re still alive, the estate avoids probate.

Others interested parties, like their grandparents, can contribute to a trust. Named co-trustees can also get hands-on experience in helping with childcare and administering the guardianship. Depending on the child’s capability, this money-management program may be critically important since it will be the only

their lifetime. Parents or guardians should name the trust as a beneficiary in their will, according to the American Bar Association, instead of the child. Many public-aid options are designed to be resource dependent, meaning recipients aren’t eligible if they have access to a certain amount of money. These trusts allow for an inheritance without endangering aid provided by Medicaid, SSI or other government programs because assets held in trust are not directly available to the child. Funds from life-insurance policies, IRAs and retirement plans can also be directed to the trust, and the child still has access to other programs. future path to protecting eligibility for benefits. It will provide additional funds for a broader scope of care and create a financial resource should benefits become restricted or end all together.

Special-Needs Trust Children are at particular risk if they are unable to live independently after the death of a parent of guardian. A special-needs trust can ensure that they are provided with needed resources and care over the course of

Designating a Caretaker Beyond the obvious financial considerations, parents and guardians must select a designated caretaker to look after their special-needs child — or to manage their care, if the child is in an assisted-living environment. Work with an attorney who specializes in estate planning in order to create both a trust and this succession plan, since states have differing regulations and laws regarding who may serve as a legal guardian.p

Giving New Life to Others

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e have the option to leave behind more than our personal assets upon death. In fact, you could actually give new life to others through the donation of healthy organs or tissue. This provides an opportunity to broaden your legacy beyond your family and immediate friends, potentially impacting the health and happiness of a host of thankful strangers. Here’s how you can make a difference through organ and tissue donation. continued on page 8

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SPONSORED INSERT: Estate Planning

Taking Inventory

Giving Life to Others/ continued from page 7 Who is Eligible?

All legal citizens of the United States may donate organs at the time of their death (and, in some cases, during their respective lifetimes, as well). Certain diseases and conditions may disqualify otherwise eligible donors, including cancer, HIV or other systemic infections. At the same time, however, organs that are unaffected by these issues could still be accepted.

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ver time, we all end up collecting things. Some are cherished heirlooms, while others are simply personal mementos.

Some items might be intended to be part of an inheritance, while others are to be donated. A will delineates where it all goes. But first, someone has to find it all. That’s why creating an inventory of your belongings is so important.

Personal Items These inventories help ensure that your will can be quickly executed.

But the list also helps you formulate an idea of the estate’s overall worth.

Household staples like furniture, jewelry, televisions and other expensive items will immediately come to mind.

But it’s best to go room to room, making a detailed list of everything and its estimated worth. Most people remember to catalog the car, but don’t forget other outdoor items like power tools and lawn equipment.

An appraisal may be needed for certain collectibles; there may be a hidden treasure inside your home. You typically should only list belongings that are valued at more than $100, but

this itemizing process can also reveal a list of more personal things that might make for a meaningful gift to loved ones.

All of those should be listed, no matter their value.

Financial Holdings Now that you’ve cataloged all the belongings inside your home, itemize all non-physical assets. List all bank accounts, whether held jointly or separately, as well as 401(k) plans, lifeinsurance policies, IRAs, stocks and bonds, and any insurance policies.

(That should include homeowners, auto and health.) A qualified financial advisor can help you define the worth of these inventoried items.

Dealing with Debt You’ve defined your assets, now it’s time to account for personal debt.

Those responsibilities don’t go away, though they occasionally can be partially forgiven. List any outstanding bills, including mortgages or car notes, credit cards and medical bills.

Non-married family members don’t have to pay these debts with their own money, but their deceased relative’s estate may be liquidated to meet the obligations. An executor manages that process. Spouses can be held personally responsible for cosigned obligations, or if they live in community-property states. Any leftover bills after estate finances have been depleted usually go unpaid. p

Talk it Over Like most end-of-life decisions, deciding to donate your organs upon death is a deeply personal choice.

Still, it’s best to have a frank discussion about it with your friends and family, so that they’ll be aware of your wishes.

How to Register The process couldn’t be any easier.

From home, visit the U.S. Health Resources and Services Administration website and fill out a simple form. If you’d prefer to go through this process in person, representatives are available at any local Department of Motor Vehicles. p

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