Articles Posted in Elder Law

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We have several new articles we wanted to share with you:

*What is a technical violation of the FDCPA against an abusive debt collector? Hint: any violation that applies to someone else — or at least that is what the defense lawyers for debt collectors believe. 🙂

*Can you still recover mental anguish or emotional distress damages from an abusive debt collector even if you have previously suffered from depression or anxiety? The answer is yes — it all depends on whether you were harmed by the collector. Where you “start out” at is simply that — we look to see if wherever you were before you were abused by the collector is different than where you were after you were abused. If it harmed you, then you should be able to recover money damages.

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The Dana lawfirm in Arizona has an excellent article on what is a power of attorney and the difference in an immediate one and a springing power of attorney.

A power of attorney lets the person you select act on your behalf. We recently changed the law in Alabama on some of the assumptions/default choices in a power of attorney so its a good idea to get your power of attorney reviewed.

We also recommend you update yours every few years so it will not be viewed as “stale” by financial institutions. This is not a legal requirement but a practical requirement.

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The LA times has an interesting article about technology that can help older drivers. Here is a quote which may surprise you on the number of drivers we are talking about:

With plenty of attention being paid by safety groups, government agencies and automakers to curbing distracted driving by teens while bringing to autos the technologies that appeal to youths, it’s easy to overlook the needs and concerns of a much larger group of drivers; those over 50.

Consider the numbers: there are about 9.5 million licensed drivers under the age of 20. Drivers over 50? About 88.7 million, according to the U.S. Department of Transportation.

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On our newly launched website Alabama Elder Lawyer, we have posted two new articles:

VA Aid and Attendance: What is this Pension Benefit? In this we give an overview of this remarkable VA benefit that can provide over $2000 a month to wartime veterans (no need to be in combat).

Our other article relates to the idea that some feel it is wrong to take steps to qualify: VA Aid and Attendance: Is It Wrong To Qualify For This Government Benefit? Think of this as taking tax deductions — as long as you stay within the rules, it is allowable to reduce your income by claiming church contributions or mortgage interest, etc.

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