Mortgage Modification Education

If you have a Mortgage, or represent Clients who have mortgages, you should attend the Mortgage Modification Education this Friday at UCF's downtown center. To register, go to: http://www.mortgagemodificationeducation.com/

Or email me at aubreylaw@gmail.com

The cost for attorneys is only $399; for that you will receive 7 hours of CLE including 1 hour of Ethics.

Helping Senior Adults, Elder Law 101

People ask me, "What is Elder Law?"

I answer, it is helping older Americans with problems that come up primarily due to age. You realize of course that after a certain number of years, thoughts of death become more prevalent and preparation becomes much more important. Children become adults and begin asking, "What do I do about my parents?" When parents begin needing assistance, adult children bear a great burden. They may have children of their own in school or starting out and suddenly, Mom needs a new place to live that will provide nursing care. These problems are not new; our processes of dealing with care of the elderly is not new. All over the globe, seniors are afforded great respect and care. Only in the United States do we warehouse seniors in "adult communities," Assisted Living Facilities and Nursing homes.

When Daddy needs nursing care, what questions should be answered?
First: How much care is needed?
Second: How much care can he afford?
Third: Who is responsible to pay when Daddy cannot?

Other questions that may come up include:

What about Social Security, and Medicare?
Do we need to do "Medicaid Planning?"
What is Medicaid Planning?

Parents may not wish to discuss their finances with adult children and may feel freer to discuss the details of planning with an Elder Law Professional. Many times parents have begun the process, but children are kept in the dark for fear that the children will want to "inherit" early. Many seniors have received advice regarding Medicaid Planning over the radio or television but may not understand fully the details. Many seniors worry about losing their homestead or the equity they have built up over the years. In Florida, we protect homesteads. The equity in the home can survive incapacity and death provided simple steps are taken to preserve all the rights afforded to homeowners.

When Medicaid begins to enter the conversation  with regard to health care, it may be too late. Most Health care Decisions must be made quickly; however, medicaid planning may require as much as 5 years to be fully effective.

When you are faced with these and other questions, Call me at 407-645-3297, or visit my website at www.aubreylaw.com

Looking for Family Law Attorney

How do you find a Family Law Attorney in the Orlando area?

Most people search Google, Findlaw or bing.com. My last post was more than 6 months ago, and I thought I'd try a little experiment. If you click on my link, www.aubreylaw.com or send me an email telling me you read this, I will respond with a summer special offer. My email is aubrey@aubreylaw.com

Let me know how I'm doing!

Chase Bank and SunTrust are making me happy these days. Their Customer Service has improved greatly. Who knows other than those that read my blog?
I have committed to telling people of good customer service when it impacts my life.
Tijuana Flats is surprisingly customer friendly. What other businesses impress you through Outstanding Customer Service?

Great Article on Collaborative Divorce

Occasionally, I like to post links to articles worth reading. This is one: http://www.huffingtonpost.com/lynn-j-maier-esq/saving-your-sanity-with-c_b_1077335.html

When divorce is the choice, how you go about it matters. Collaborative Divorce is a method of practice that allows the parties, with the help of their attorneys and other professionals, to decide all issues in ways that benefit their family rather than fighting until a court decides in a manner consistent with the thousands of cases also fighting to a decision.

Don't you know what is best for your family? Collaborative Divorce allows you to play a major part in the decision making process. More so that even mediation.

When you need help, Call me! 407-645-3297 or visit my website at www.aubreylaw.com

Legislators Vote Against Seniors

When the U.S. Government provides a program funding care for seniors, states should accept the money and care for seniors. Begun in 2005 under President George W. Bush, the "Money Follows the Person" was designed to allow seniors in nursing homes to transfer home and still receive some level of care through continued Medicaid Funding.

The cost of nursing home care averages more than $5,000 per month; seniors' cost of care is Very Expensive.

BUT, how much more expensive is it to care for seniors in their own home rather than in a nursing home? NOT you might answer. Many seniors could remain in their home or return to their home, but for lack of funding. Medicaid will pay for the nursing home care, but it is very difficult to gain the same level of care at home without Medicaid assistance.

On June 24 this year, the Florida Legislative Budget Commission voted to REJECT $35.7 Million to fund care for seniors in their home. As Florida has one of the Highest Per Capita Populations of Seniors, you would think the Legislature would accept money from a program set up by President George W. Bush. Not so in today's political landscape. The Budget Committee voted to reject the federal money as "duplicative" of state programs and funding. Representatives Ed Hooper, Mike Horner, Matt Hudson, Don Gaetz, Garrett Richter, Stephen Wise, Rob Shenk and Denile Grimsley, all Republicans, voted AGAINST acceptance of the federal money.

When you are trying to find care for your senior adult, it is imperative that all resources be counted to see if they qualify for Medicaid. Unfortunately, "all sources of income" are NOT counted, or even accepted, by the state when they seek to balance the budget.

If you have a senior in need of nursing home care, selecting the right attorney practicing in Elder Law can be challenging. Please call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to speaking with you.

Change to Social Security Hours

In case you missed it, the Social Security Administration announced a change effective August 15 of this year. The announcement will no doubt affect services provided by attorneys as well as the Social Security Office. If your Elder Law Attorney or Family Law Attorney must deal with Social Security Issues as well, this is Not a welcome change. The announcement follows:

Effective August 15, 2011, Social Security field offices nationwide will close to the public 30 minutes early each day. For example, a field office that is usually open to the public Monday through Friday from 9 a.m. to 4 p.m. will close daily at 3:30 p.m.

“While agency employees will continue to work their regular hours, this shorter public window will allow us to complete face-to-face service with the visiting public without incurring the cost of overtime for our employees,” said Michael J. Astrue, Commissioner of Social Security. “Congress provided our agency with nearly $1 billion less than the President requested for our budget this fiscal year, which makes it impossible for us to provide the amount of overtime needed to handle service to the public as we have in the past.”

Most Social Security services do not require a visit to an office. For example, anyone wishing to apply for benefits, sign up for direct deposit, replace a Medicare card, obtain a proof of income letter or inform us of a change of address or telephone number may do so at http://www.socialsecurity.gov/ or by dialing our toll-free number: 1-800-772-1213 (TTY 1-800-325-0778).

In Elder Law, Family Law and Divorce, many people have to discuss how to allocate Social Security Benefits paid to children or dependents. Sometimes these are the only assets or income for the family. If you need help, Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you. Aubrey

Alimony, Child Support and Show Me the Money

Alimony, Child Support and paying bills go hand in hand. How do you move from one house to two, and pay twice as many bills with the same incomes? That is the most difficult question in Family Law. The reality is two households cannot have the same lifestyle enjoyed prior to splitting up. Financial affidavits showing twice as many bills from the same resources make poor budget plans.

This is your decision, but it will affect your children, your future and their future. Choosing the right attorney in your area is crucial. To maximize child support and alimony, you must thoroughly prepare and present your case to the judge or magistrate. Preparation for hearings also prepares you for mediation. Ultimately, you must decide how best to invest your fortune and you will be the one to suffer any poor choices.

Guardianship, Conservatorship and Rights

The Orange County Bar Association, Solo and Small Firm Committee met in Orlando today to discuss Basic Guardianships. I always enjoy a refresher course, so I attended. Wow! OK, so I knew most of this, but its nice to meet other attorneys for lunch and have an excuse to add a refresher to my Blog.

In Florida, any adult can file a Petition to Determine Incapacity against any other adult. This is coupled with a Petition to Appoint Guardian so the Alleged Incapacitated Person, or Proposed Ward, can be protected. But Protected from what?

As we age, our brains may not function correctly in all instances. Sometimes, Alzheimers, Dememtia, stroke or other disease may render one incapable of understanding the dangers of everyday living. When a person is incapacitated so they are a danger to themselves, the court can step in and remove some of their rights in order to protect them from self-inflicted harm. The harm may be physical in nature, or financial.

Many people try to take advantage of these normal aging processes and financially exploit seniors. Sometimes even family is guilty of exploitation. In fact, Many times the person being exploited is a close relation to the abuser. Financial exploitation IS ABUSE!

Once the Petition is filed, the court appoints a 3-person committee to evaluated the "Proposed Ward," or "Allegedly Incapacitate Person" to determine whether the AIP is competent to make life decisions. The 3 person "Examining Committee" includes two doctors and one layperson with experience in Elder Affairs. Llife decisions that may be impaired by the court include such major decisions as voting, marriage, living arrangements, donations to religious organizations, medications, surgeries. No less important are decisions involving who may visit the ward or where the ward may travel with visitors.

The Court also appoints an Attorney Ad Litem to represent the AIP or Proposed Ward. Sometimes the AIP has a longstanding relationship with an attorney who will represent him in the proceedings. Either way, the Proposed Ward is protected so that rights are only removed to the most limited extent necessary to protect the Ward. Often the Proposed Ward will have completed a Durable Power of Attorney that obviates the need of a Guardianship proceeding; a Preneed Guardianship is also available to help lower the cost of eventual Guardianship Proceedings.

If you have a Power of Attorney, it must be Durable in order to continue operation once a person is found to be incapacitated or what we think of as incompetent. If you thought everything was honky dorey, then watch out! Powers of Attorney come in many shapes and sizes and can even be purchased at Home Depot, Lowes, OfficeMax, Target and Walmart. They are NOT all the same. They are Legal Documents that include required formalities in the signing. I have had more than one client who brought a "Durable Power of Attorney" that was improper and ineffective. People have signed in the wrong space, forgotten to notarize signatures, "checked" the wrong box, and even paid an attorney for a "Durable" power of attorney which expired at incapacity. Please seek help in evaluating your needs.

If you have read this far, you may wonder what all these protections cost. A Durable Power of Attorney is certainly the least expensive.
Guardianships may cost between $1,500 minimum and several tens of thousands when competing interests are active in contesting the Guardianship. The filing fees alone are more than $600. Payment for the Examining Committee (between $850 and $1,500) and Attorney Ad Litem (between $500 and $5,000) make the process appear expensive to some. When you consider that a person is potentially losing their rights as a citizen, you may better understand the expense. Obviously your selection of an attorney is one critical factor in controlling these costs and making the necessary legal filings as efficient as possible.

When you have questions about the competence of your parents or elderly neighbors, Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I look forward to hearing from you.

I didn't mean to Scare you!

"Congratulations, you are officially Divorced!" I said to my client.

"Thank you, you are Awesome," she said. (Really, that is what she said!)

"I am so glad we were able to get this done so quickly," I replied.

"Well after you scared me that first day, I did not have any unrealistic expectations and we could just get it done."

I really did not mean to Scare my client. I have always prided myself on being direct and honest with clients so they know what to expect from the Divorce Process and from the court system. I really don't want to scare anyone. Sometimes, clients come in my door having talked to not only other lawyers, but to friends and family who "know what to expect" and know "all the tricks in the book." Unfortunately, what is heard from your friend about their divorce may be colored and biased by their experience. They may feel the need to project unusual success or even put upon martyrdom. All the stories may in fact NOT be completely true.

Common myths include:

"My divorce only cost $250."

"I didn't have to pay a penny in alimony/child support."

"My wife/husband got the kids, the house, and all my money."

"My husband/wife tried to get the kids just to force me to settle for less."

"I never get to see my kid's, their father/mother keeps them from me."

"My divorce cost us more than $100,000."

"Our attorneys were the only ones happy after our Final Judgment."

When your friends tell you these things, you really have to ask more questions and compare their life experience and marriage to your own before setting up your expectations.

Divorce filings cost $408.00 in all Florida courts. What your attorney charges is determined by many factors including time, experience, complexity, and most importantly, who is on the other side of the litigation.

Whether you have to pay Alimony or Child Support is entirely driven by the family situation inlcuding many different factors: length of marriage; number of children; earning ability of each party; lifestyle, and most importantly, what you are willing to accept or pay, just to name a few.

Negotiation over child custody, what we now refer to as "Timesharing," is remarkably direct. Who is best able to care for and keep the children? Who has done so consistently in the past? When one parent wants to "claim the children" as a negotiation ploy, it is imperative that the court be fully informed. A Guardian Ad Litem or GAL is essential to fully inform the court and make sure the children are represented both at the bargaining table of Mediation or in court. Parents who would use the children as pawns in a game, are not good parents, and GAL's are adept as seeing through people's behaviors to their motivations and goals.

If your divorce costs too much money, ask yourself who is causing the excess expenses? Even the most complex divorce can be handled in a reasonable amount of time and for a reasonable fee by seeking out attorneys who do not set up unreasonable expectations which must then be met or attempted. Collaborative Divorce is a great idea for those with very complex situations as it brings all decision makers to the table routinely, rather than filing, and waiting, and responding and waiting, and hearing, and waiting, etc.

If you have questions regarding Divorce, Child Support, Collaborative Divorce, Alimony, Spousal Support, Custody, Timesharing or any other Family Law matter, please visit my website at www.aubreylaw.com or call me at 407-645-5264. I will be happy to review your situation with you and most of all, I will try not to "scare" you! Aubrey

Cutthroat Legal Practice

When I hear of a "Cutthroat Attorney," I wonder, "who asked for that?" Admission to the Florida Bar requires an Oath, which states in part, "I will abstain from all offensive personality . . . unless required by the justice of the cause with which I am charged." Its possible you have heard stories of lawyers who need to review this oath again, perhaps daily.

Why people in court would want "the meanest, nastiest attorney they can find" escapes me. If you are known by the company you keep, well, lets just say, I prefer to keep company with the very best people around.

I have known attorneys who were easy to work with, and I have known lawyers who could not agree the sky is blue. Those who are easy to work with, I routinely mention to clients I am unable to assist. Attorneys who cannot agree on anything, I trust can survive without my assistance.

The meanest, nastiest attorneys tend to drive up litigation costs without significant benefit to their clients, while those attorneys who work with the other side and try to resolve conflicts tend to help their clients through the litigation process. We have all heard stories of divorces costing more than 20 or 30 THOUSAND dollars. I truly believe "Who wins" is NOT really as important as "If or Where" your children attend college.

Attorneys who know how to work with opposing counsel tend to achieve better results overall whether through settlement or in trial, in my humble opinion. Some of the most aggressive litigators in the Orlando area have been the easiest to work with when their clients have modest means. That is to say, even the nastiest attorneys can agree when they are not being paid well. I find this disappointing. If the client's goals are reasonable, why should the litigation change based on the attorney's paycheck?

Perhaps I am being obtuse. I think a fair price for an honest days work should be everyone's goal.

If you need an attorney, call me. 407-645-3297 or visit my website at www.aubreylaw.com