S.C.R.A III

Interesting, our House of Representatives has actually held a vote on 4/10/14. 219 crazy republicans have voted to cut and end food stamps, Medicare and Medaid, Unemployment insurance, welfare and other much needed social programs. For example, there would be cuts to the Pell grant making it 10 times harder for a poor kid to get education or training needed so they can climb out of being poor. Of course, let’s not forget Obama care this budget will be taking away medical insurance from 8 million working families. After all the poor and handicap are just lazy people bleeding this country dry.

All this so they can to give poor rich people a much needed tax cuts. Poor, Poor rich people. I swear Serf-Dom is on its way back. Once we have Serf-Dom slavery is not even a half-step away.

Oh well, Once again as Ed Shultz from the Ed Show says ‘Let’s go to work’. I am not a lawyer, I am a paralegal. So what follows is in no-way to be taken as, intended to be legal advice. This is legal information only. Let us not forget when a lawyer or paralegal becomes involved your problem becomes an Issue.

Picking up on the S.C.R.A. I am constructing a second page dedicated to listing phone numbers, addresses and websites of military legal assistance organizations. I found this listing on the Department of Justice website. Theses organizations’ should and will be able to help you if you decide to pursue an S.C.R.A/Serviceman’s Civil Relief Act type of bankruptcy. If you live near a military base you can also start with local military base’s legal offices.

If you are a service member and or the service member’s spouse starting an S.C.R.A you will need to have this the information you need to have on hand when you make your 1st call:

Service member’s full and complete name, rank and current posting or where they are currently stationed. Of course don’t forget your soldier’s social security number.

Next gather together all information you can about the money matter you need help with. This includes all bills, demand letters, contracts, deeds and bills of sales. This also includes any legal documents, like Reposition demands, notices of evictions, and foreclosures’ notices. Make sure you have all this information organized in such a way you can easily find what information you need while are talking with your lawyer.

It will help to write down a list of your questions and concerns before making your 1st call and have it on top of your paperwork.

Once you have gotten all your information put together, you can make your 1st call.

SIDENOTE: Do not be surprised or appalled if after the intake operator takes your phone number and some information about your issue they tell you someone will be calling you back. This is a legal and governmental office you are dealing with after all. It could be 2 or 3 days before someone call you back but I guarantee someone will call. However if someone is pounding at your door about the debt make sure the intake operator is aware! Someone will call you back a lot sooner.
If someone from that office doesn’t call in that time frame or the collection agent starts getting scary you can call the intake operator again ask them to hurry it along.

More about the S.C.R.A next week. Then there should be a couple more S.C.R.A postings and then I will be moving on to Chapter 7 bankruptcy.

Durable Power of Attorneys.

Hi there just so you know I am not a Lawyer I am a Paralegal. So this in no way to be considered as legal advice. Let’s not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.

Side-Note:  The person you choose for your Power of Attorney is your agent. That is how they will be referred to in any other legal documents related to your power of attorney.

Okay, let’s talk about the Durable Power of Attorney or P.O.A. The deference between a durable power of attorney and the ones I talked about last week is fairly simple. Once a regular power of attorney has been ended its over you can never use it again. For example you have set up a Health Care Power of Attorney you appoint a special someone to look after you if something bad happens. Then something bad happens and your special someone does step in to look after you and you do get better great happy ending well done…  However, 6 months later you are in an auto accident and if you haven’t created a new health care power of attorney. Sorry, your special friend can’t do a thing for you. You are on your own until blood relative gets there. With a durable power of attorney you can set things up so that your special friend can step in no matter how many times you get hurt or sick. But keep their limit their power to only to when you are sick and or injured.

Now, to cover the 2 types of a durable power of attorney. 1st is the medical durable power of attorney. This person is who y

you want making the medical decisions for you when you can’t.  2nd a fiscal durable power of attorney.  This Solider handles your money and sees to it that your bills get paid while you are out of it.  As I said before a person you give authority too in a power of attorney does not have to be a lawyer. It can be anyone you choose as long as they are of legal age.

Side-Note: Legal age means being old enough to vote, sign a contract and be responsible for you actions.  In all the United States this means being at least 18 years old. Old enough to kill or be killed for your country but not old enough to drink.

Just so you know, you can choose just one person to be both your medical and a financial durable power of attorney agent at the same time. Most often though most people don’t.

The fact is a durable power of attorney is a major portion of a Living Will. I will be getting into what makes up a Living Will next week.

 

 

 

Probate 4

As I said before and I will say yet again. I am not a lawyer, I am a Paralegal.  So this is in no way to be considered legal advice only legal information, let’s not forget when a lawyer of a paralegal becomes involved your problem becomes an ISSUE.

Just so you know are four major types of Guardianship.  There is a personal guardian who is responsible for medical and or money decisions. .  The Estate guardian which is needed to protect your stuff when you can’t.  The Personal & Estate guardian which take care of both at the same time.  Last is the temporary guardianship, this is usually an emergency court order given when someone’s  loved one suddenly becomes unable to take care of themselves. However it will cost about $60, when the loved one gets better, for the Guardian or the Guarded One to cancel it.  It also can have a limited life span.

However guardianship do need approval from probate judge especially under a Living Will or if three are children are involved. A guardianship can also be challenged by someone who wants to take over the assigned guardianship.  If the Guardianship is not challenged it usually costs about $50 to get court approval.

Okay moving onto a Power of Attorney.  1st and foremost the person you choose to be power of attorney does not have to be a lawyer.  It can be anyone you choose.

There are 5 major types of power attorney.  1st is the general power of attorney, which is mostly used when you have a business or assets you want someone  to look after a while you are traveling for a couple of years. Or say you don’t want anyone bothering you while contemplating the universe at a monastery.

Next is a Limited Power of Attorney this is almost identical to a general. Reasons of giving someone power over your assets is pretty much the same except like the title says, the power is limited to only one thing.  For example you’re traveling somewhere overseas and you are receiving benefit check from a court case you won. You can leave someone a Limited Power of Attorney so they can take the check get it cashed, pay a few bills like your rent and get the rest deposited into your bank account. That way you can get your money and spend it while having fun in Ireland.

Then there is the Health Care Power of Attorney. Say you are not married and live a long way from anyone in your family. With a Heath Care Power of Attorney you can appoint a special friend to look after you.  Your friend would be able to make the decisions’ a doctor needs to save your life after you have just been in a devastating auto accident.  It is used a lot in states that can’t seem to see same-sex couples. You need to make sure your health insurance company has a copy as well as your friend.

Next week I will cover the Springing and Durable Power of Attorney.

Probate 2

Again, I am not a lawyer I am a paralegal. So this isn’t legal advice this is legal information. Also let us not forget when a lawyer or a paralegal becomes involved your problem becomes an issue.

All right let’s talk about Conservatorship, A Conservatorship does come under probate but a Conservator can also be appointed under Family Law. A Conservator is someone a probate court judge allows to have control over your medical, business, financial and personal affairs while you are laying there strapped into life support. Also a Conservator could be appointed if you have suffered such a severe head trauma that you, at least for the time being, have a hard time figuring out how to put your pants on.  It is going to cost whoever asks for conservatorship $400 in filing fees. That doesn’t include support documentation an expert in going to have to sign off on.  Most Conservators will have to hire an attorney to deal with the huge pile of legal issues that go with their job and that can really run up the legal bill. All of which is billed to and or reimbursed by your Estate.  Additionally a Conservator literal has the right to sell your house and treasures without your okay. Unfortunately, there is very little you can do to get your stuff back if your conservator does rip you off if don’t have a Living Will/ Testament Will. On the flip side if a loved one becomes your conservator, he or she becomes responsible for all your debts. It is their job to see that all your bills get paid. This means that they will have access to all your banks accounts, social security payments any source of income you have. However, even after your loved one has been forced to empty your bank accounts and has sold everything of value you have to pay your bills, Debtors can still come after your loved one for any money you may still owe and take their money and or assets. Now if you manage to recover thing can become really difficult. Proving to the court you no longer need a ‘conservator’.  You see if your ‘conservator’ fights you this will cost you in lawyer and court fees. Under Conservatorship getting access to your money to pay for a lawyer to help you get rid of the conservator is up to the conservator and or probate court.

Having a Living Will is the best and cheapest way to avoid most of this mess. With a Living Will you can appoint someone you totally trust to become your ‘Legal Guardian’ and or ‘Conservator’ if you become too ill to take care of your needs.  A Living Will fully  or validated in probate courts you can make sure that the Conservator and or Guardian appointed over you is protected and double sure they are someone you trust.

Under a straight Will there are executors. Executor is someone you have appointed to make sure your last wishes are carried out.

More on Probate coming next week.