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Attorney, Family Law

How Elder Law Attorneys Can Help you and your family

How Elder Law Attorneys Can Help you and your family

Not all of the people who live in Brandon, Florida realize that there is an attorney whose main job is to serve the needs of elders. Many people only know about corporate lawyers, litigation lawyers, DUI lawyers, bankruptcy lawyers and also constitutional rights lawyers, certainly, nearly all people are unfamiliar with elder law lawyer.

What is elder law attorney?
They are professional attorneys who focus on elderly law. They are proficient and specialist in the specific needs of elderly people, particularly when it comes to their health, aging and also wealth. They are experienced on the physical and mental difficulties for elder people and they are able to handle their legal needs.
How can elder law attorneys assist elders?
As elderly people are already frail and weak because of old age, they are not able to serve and process their needs much better such as estate planning, retirement, Medicare, tax issues, nursing care and many others. No one is able in covering such needs rather than elder law attorneys. They are surely the perfect professional to hire when it comes to the skills of elder law such as advocating, counseling and planning for the needs of elderly people. They are knowledgeable of essential legal needs and they have vast contacts to networks of experts who serve the elderly people

Areas handled by elder law attorneys

An elder law lawyer can also be hired for the following cases, helping with financial management, disputes about Medicaid, management and administration of trusts and estates along with long term planning for home care and assisted living. They can also work as tax advisers, estate planners, patient’s right advocate or even retirement. The attorneys try to probate, the court’s system’s procedure for processing the estates of an affected elders. No matter what the case, you might want to get a Estate Planning lawyer Brandon to serve the needs in old age.

For example, Probably the most common factors behind disputes over Wills and Trusts that trigger beneficiaries to employ a litigation lawyer is the process they have been addressed unfairly with regards to their share of an inheritance. Properly created documents of Will or Trust will lawfully give protection to a dead one’s last wishes, with the exception to this rule that some Wills may possibly be contested in the courts. For this reason it is very crucial that you hire a qualified professional who is dedicated to elder law to create any documents related to inheritances.

As you are entrusting a lawyer with the needs of elderly family, you must make sure that you hire the best and also most reliable attorney in your area. Aspects to think about when hiring an elder law attorney include, how long the attorney has been working, what specific area of elder law they practice. You can hire Elder Law attorney Brandon as they are more attentive to not only your ultimate goal – but also your aspirations, hopes and dreams for you as well as your family members.

Bankruptcy

Do not be intimidated by threats of court proceedings

Take note of the way lenders’ demands tend to say things like:

“If you do not pay we will have no option but to consider taking court action.”

“Consider taking court action” is very different to “take court action.” Your lender is writing to you because it wants your money. If writing to you cost more money than it could get from you, the lender wouldn’t write to you. It wouldn’t make financial sense (and one thing these guys have is financial sense).

Taking you to court costs a lot more money. If taking you to court cost more than your lender could get from you, it wouldn’t take you to court. It wouldn’t make financial sense either. And it often doesn’t.

But writing to you with threats of court action is cheap. It’s a cheap way terrifying you into paying up without questioning the lender’s claim.

Something the lender won’t tell you is that before a case can go to County Court (where you and the lender can try to land costs on each other – unlike the Small Claims Court, where you can’t) the defendant is allowed to make the lender produce all (though there are some exceptions) of its documentation relating to its claim. You can also make the lender answer any questions you have about the case. That includes all the questions (and any others you may have) that we set out in the section on what they did to sell the property properly and arrive at the figure they are now claiming.

This procedure is called Pleadings. Judges do not look kindly on lenders who refuse to answer the questions you put to them during Pleadings.

Also, go to the Court Service’s web site and download and read the claim forms and documentation there. It helps you react if you have looked at this stuff in advance and understood (and even practiced) what you may be faced with.

 

Bankruptcy

If you are likely to lose a repossession battle in the courts – hand in the keys instead

This is controversial advice. It’s worth seeing a lawyer before you take it. If the lender applies to repossess in court, the decision will go on to your credit reference files. But if you hand in the keys the lender may or may not add an entry to the separate database of repossesses. Only other mortgage lenders get to see that database anyway; credit card lenders, etc don’t. So keep your repossession out of court.

Bear in mind as you read this that the way your credit reference files are managed is more complex than it seems. It is well worth doing the credit reference check just to read the information the credit reference agencies send out with your record.

More importantly, a lender who goes to court will ask for a “money judgment”. See the “Legal Rights?” section to see the implications of this.

Business Law

If the lender contacts you to demand money, do not make them any offers.

This is to do with good negotiating practice. Both you and your lender have rights. It is using its rights; you should be using yours. Your first right is to require the lender to account for any claim it is making against you before you do anything about it.

Making offers – even filling in and returning the income and expenditure form the lender will send you – may be taking as an admission that you accept that you “admit” the debt. You don’t. So don’t do it.

You’ll almost certainly find the lender avoids answering the question fully and generally tries to avoid giving you any more information. Yet it will demand quite a lot of information from you. Odd, that! It’s actually just good negotiating technique: give away nothing and find out what you can about your opponent. Lender’s debt collection departments are experts at it, they do it all day.

You should react in the same way. If people demand money from you, you don’t have to tell them anything. And it is your right to find out exactly how they arrived at the sum they are asking for. It is also your right to question whether it acted reasonably.

Lenders, of course, would rather you just gave in and offered whatever cash you have. If you do not have much cash they’ll offer you a low monthly repayment instead. Do not accept it. Once you accept it you set up a new contract which, if you break it, could be registered on your credit reference record. And you are likely to break it because the chances are the lender claims you owe so much money that it will take you years to pay it back. In that time your circumstances are bound to change in a way that might mess up the agreement and get a black mark on your credit reference file.

Agreeing to pay a certain amount each month frequently comes back to haunt you. Abbey National and Bradford & Bingley have both made such agreements and then, a year or so later, demanded higher payments.

Typical of this kind of thing is the repossesses agreed to pay back £40 per month and did so without problems for three years. Then the lender wrote demanding that he increase his repayments to £100 per month.

Your agreement to pay the lender anything also weakens (though doesn’t usually destroy) your case if the lender takes you to court. If you have offered to pay or have admitted liability and need legal evidence that you are not bound by this offer or admission,

 

Attorney

Power of Attorney and Enduring Guardian documents.

These documents operate during your lifetime.

What is a Power of Attorney?

A Power of Attorney can be defined as an appointmen via a legal document that allows a person to deal with your financial and property affairs. For example, you can appoint an attorney under power of attorney to sell your house or sell your shares whilst you are oversea or whilst you are in hospital not otherwise unavailable or unable to do so yourself.

It is best practice to arrange to appoint an attorney under Power of Attorney no matter what age you are in your life. You may be overseas and assets or property in NSW needs to be dealt with on an urgent basis, or bills need to be paid and bank accounts need to be accessed.

This is important for life planning similar to making a will. It is common practice to think to arrange to put a will in place and do not consider a power of Attorney.  The appointment of an attorney allows your attorney legal power to handle your financial affairs. It is very important to give thought into who you should appoint. It is important to appoint a person who you trust with your financial information and someone who is responsible and mature to do so.

A Power of Attorney may be revoked by advising the appointed attorney in writing that the appointment has been revoked and keeping a record of the revocation notice. You should contact a lawyer in this regard.

There is no knowing when you may not be in a position to act for yourself at a time when it is necessary. You should contact a lawyer to arrange to put this in place. We recommend that you speak with a probate lawyer who can handle the whole process and provide you with proper legal advice.

Enduring Guardian

An Enduring Guardian is appointed via a legal document that allows a person who has been appointed pursuant to the document to make decisions on your behalf in relation to non-financial matters such as lifestyle and medical decisions.

An enduring guardian document is useful when health care decisions need to be made, living arrangements need to be put in pace or consent to medical or dental treatment needs to be made.

By way of example, you may wish to appoint your spouse to make medical decisions on your behalf when you may not have the capacity to make yourself. In the case of an elderly person, who has had a fall and was admitted to hospital and can no longer live alone and independent now needs to go into a nursing home or aged car facility, an enduring guardian will need to be put in place to arrange the new living arrangements. This is the most common situation when an enduring guardian document is required. A lawyer can prepare this document.

We recommend that you consult a probate lawyer in relation to this matter.