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EL&A In Action

EL&A Assists Client with Debt Settlement Mr. K came to Elder Law & Advocacy with a debt settlement issue. Mr. K, a senior living alone and on a fixed income, had an outstanding debt with Bank of America for about $3000. Mr. K received an offer from B of A in the mail that stated that if he were to pay $1700 immediately, B of A would accept that amount in settlement of the entire debt. The offer said that Mr. K would have to call a certain phone number to accept this offer of settlement. Mr. K presented the letter to the teller at his local B of A branch, told the teller that he wanted to accept the settlement offer, and paid the full $1700. However, the B of A teller simply applied the $1700 to Mr. K’s account, and B of A continued to pursue Mr. K for the remaining $1300. A contract is an agreement between two parties that is legally enforceable. A simple example of this would be an agreement...

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Conservatorships – What they are and how to avoid them

Conservatorships – What they are and how to avoid them No one really knows if they will ever be in a position to need someone else to handle their medical and financial choices.  We tend to deny that it could happen to us.  Here is an overview of what a conservatorship is and what you can do now to avoid it. A conservatorship can be a months-long legal process, with well over $1000 in court fees for filing, investigating, and court-appointed representation of the person who is the subject of the conservatorship.  Most of this can be avoided with two simple planning documents that can be prepared in a matter of minutes. What is a conservator? Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a “conservator of the estate.” One who takes care of personal matters, such as health care and living arrangements, is known as a “conservator of the person.” Sometimes, one conservator is...

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