County: Jackson
Age: 72
Our client is a 72-year-old lady who purchased a vehicle that was recently repossessed. She simply could not keep up with the payments. She was not disputing the debt; however, given her limited income, she was concerned about her rights. Our client rents an apartment and her income is derived from Social Security and a federal pension. When she contacted us, the bank had threatened to take legal action to collect on the debt. I explained that she is probably judgment proof and there are a number of exemptions under state law that she can use to preserve her personal belongings. I also explained that the exemptions are not automatic and she will have to take certain steps to claim the exemptions. I informed her that the clerk of the court will provide her with an Exemption Form upon request. She will need to file the original with the court and provide copies for her creditors.
Wednesday, December 22, 2004
Friday, December 17, 2004
Case of the Week: 12/13/04
County: Jefferson
Age: 65
This 65-year-old lady contacted us after she learned from her bank that her CD had a hold on it. Apparently, her son was delinquent on child support payments and the state was trying to find any source of money to attach. When I spoke with her, she said that her son was listed as a secondary person on the title; however, she was sure that when she put her son's name on the CD it was POD. After some investigation, we learned that the bank had made an error. Our client has indeed structured the CD to be POD to her son; however, the bank worded the title wrong. After reviewing some documents my client forwarded to me, it appeared as though the bank needed to amend its answer to the attachment. My client immediately contacted her bank and now informs me that the issue has been resolved and the bank has corrected the title. Her CD is safe.
Age: 65
This 65-year-old lady contacted us after she learned from her bank that her CD had a hold on it. Apparently, her son was delinquent on child support payments and the state was trying to find any source of money to attach. When I spoke with her, she said that her son was listed as a secondary person on the title; however, she was sure that when she put her son's name on the CD it was POD. After some investigation, we learned that the bank had made an error. Our client has indeed structured the CD to be POD to her son; however, the bank worded the title wrong. After reviewing some documents my client forwarded to me, it appeared as though the bank needed to amend its answer to the attachment. My client immediately contacted her bank and now informs me that the issue has been resolved and the bank has corrected the title. Her CD is safe.
Monday, December 13, 2004
Olmstead's plaintiff dies
The "E.W." of the landmark disability civil rights case L.C. & E.W. v. Olmstead died Sunday, December 5 at age 53. Elaine Beverly Wilson fought for her independence through periods of homelessness and 36 mental institution stays. Advocates for her at Atlanta Legal Aid Society say that her life took an amazingly positive turn after she received support and independence in the Olmstead settlement.
The Olmstead decision challenges federal, state, and local governments to develop more opportunities for individuals with disabilities through accessible systems of cost-effective community-based services. The Olmstead decision interpreted Title II of the Americans with Disabilities Act (ADA) and its implementing regulation, requiring states to administer their services, programs, and activities "in the most integrated setting appropriate to the needs of qualified individuals with disabilities." The ADA and the Olmstead decision apply to all qualified individuals with disabilities regardless of age.
The Olmstead decision challenges federal, state, and local governments to develop more opportunities for individuals with disabilities through accessible systems of cost-effective community-based services. The Olmstead decision interpreted Title II of the Americans with Disabilities Act (ADA) and its implementing regulation, requiring states to administer their services, programs, and activities "in the most integrated setting appropriate to the needs of qualified individuals with disabilities." The ADA and the Olmstead decision apply to all qualified individuals with disabilities regardless of age.
Tuesday, November 23, 2004
Case of the Week: 11/22/2004
County: Mon
Age: 81
Our client is an 81-year-old woman who derives her income entirely from Social Security. She is on a fixed budget and tries hard to make ends meet. Over the summer she had encountered some trouble meeting all her expenses. One expense she was worried about was her pharmacy bill. She sent a letter explaining her situation and asking that the pharmacy be patient. She would make the payment when she could. She heard nothing, until a collection agency sent her a bill, to be paid in full, for $200. She was worried that she was about to be sued. Although she was fully aware of her responsibility to pay the bill, she was unable to pay the entire amount. I contacted the pharmacy on her behalf, explained her position, and asked that we work out an arrangement for the client to make payments. The pharmacy, after considering my client's position, accepted a payment arrangement of $10, $30, to $50 per month until the bill is paid in full. They made the arrangements through the collection agency. My client is happy that she is able to avoid a bad credit report and possible litigation.
Age: 81
Our client is an 81-year-old woman who derives her income entirely from Social Security. She is on a fixed budget and tries hard to make ends meet. Over the summer she had encountered some trouble meeting all her expenses. One expense she was worried about was her pharmacy bill. She sent a letter explaining her situation and asking that the pharmacy be patient. She would make the payment when she could. She heard nothing, until a collection agency sent her a bill, to be paid in full, for $200. She was worried that she was about to be sued. Although she was fully aware of her responsibility to pay the bill, she was unable to pay the entire amount. I contacted the pharmacy on her behalf, explained her position, and asked that we work out an arrangement for the client to make payments. The pharmacy, after considering my client's position, accepted a payment arrangement of $10, $30, to $50 per month until the bill is paid in full. They made the arrangements through the collection agency. My client is happy that she is able to avoid a bad credit report and possible litigation.
Federal Budget for Aging FY05
According to the National Association of State Units on Aging (NASUA) , both House and Senate have passed omnibus spending bills covering all the remaining federal budgets for FY2005. The final conference report includes a cut of .8% for all non-defense non-security spending, so OAA funding will be subject to that reduction. After the cut $1,393,396,928 will be allocated for OAA, a small increase over last year's appropriation of $1,373,917,000.
Friday, November 19, 2004
Case of the Week: 11/15/04
County: Monongalia
Age: 79
Our client was approached earlier this year by the adverse party requesting that she sell her home. Our client felt pressured by the adverse party to sell her home, even though she never put it on the market. The adverse party had her to sign an Offer to Purchase and accepted $1,000 as earnest money. The next day, after considerable thought, she decided not to sell. Pursuant to the Agreement, my client returned the earnest money and told the adverse party that she no longer wished to sell. Shortly thereafter she received a letter in the mail from the adverse party's attorney stating that she was obligated under the Agreement to sell her home and if she failed to establish a closing date he would sue for specific performance. He kindly enclosed a proposed complaint. After reviewing the complaint, contract in question, and the facts, I surmised that she acted accordingly under the Agreement by returning the earnest money and notifying the adverse party of her intentions not to sell. I drafted a letter to the adverse party's attorney stating the client's defense, noting the specific provisions under the Agreement that applied. Since that time, the attorney has not filed the proposed complaint. My client is relieved that she can keep her home.
Age: 79
Our client was approached earlier this year by the adverse party requesting that she sell her home. Our client felt pressured by the adverse party to sell her home, even though she never put it on the market. The adverse party had her to sign an Offer to Purchase and accepted $1,000 as earnest money. The next day, after considerable thought, she decided not to sell. Pursuant to the Agreement, my client returned the earnest money and told the adverse party that she no longer wished to sell. Shortly thereafter she received a letter in the mail from the adverse party's attorney stating that she was obligated under the Agreement to sell her home and if she failed to establish a closing date he would sue for specific performance. He kindly enclosed a proposed complaint. After reviewing the complaint, contract in question, and the facts, I surmised that she acted accordingly under the Agreement by returning the earnest money and notifying the adverse party of her intentions not to sell. I drafted a letter to the adverse party's attorney stating the client's defense, noting the specific provisions under the Agreement that applied. Since that time, the attorney has not filed the proposed complaint. My client is relieved that she can keep her home.
Friday, November 12, 2004
Case of the Week: 11/08/04
County: Gilmer
Age: 65
Our client is a 65-year-old lady who has gone through a chapter 13 bankruptcy. Our client faithfully made the required payments to the bankruptcy trustee as ordered by the court. She looked forward to the day that she would make that final payment. When that day came, she proudly wrote "Paid in Full" on her check and thought that she was finally free from the whole ordeal. Four months later, however, she received a notice that she was behind on her payments and that she needed to make 15 more installments. She was surprised, because she knew she had paid all the installments. Moreover, she received a check from one of her creditors for an overpayment. Not knowing what to do she called us. I contacted the bankruptcy court and spoke with their staff attorney. After reviewing her bankruptcy file, and speaking with the trustee, we surmised that only one more $50 payment needed to be made for her case to be closed. I advised the client to send her $50 payment to the trustee with "Paid in Full."
Age: 65
Our client is a 65-year-old lady who has gone through a chapter 13 bankruptcy. Our client faithfully made the required payments to the bankruptcy trustee as ordered by the court. She looked forward to the day that she would make that final payment. When that day came, she proudly wrote "Paid in Full" on her check and thought that she was finally free from the whole ordeal. Four months later, however, she received a notice that she was behind on her payments and that she needed to make 15 more installments. She was surprised, because she knew she had paid all the installments. Moreover, she received a check from one of her creditors for an overpayment. Not knowing what to do she called us. I contacted the bankruptcy court and spoke with their staff attorney. After reviewing her bankruptcy file, and speaking with the trustee, we surmised that only one more $50 payment needed to be made for her case to be closed. I advised the client to send her $50 payment to the trustee with "Paid in Full."
Saturday, November 06, 2004
New state ADA office website
Our state ADA coordinator has a new website. It has a notably nice web feature that enables the surfer to choose the size and face of the font for the text on the pages. Substantively, the site has some pretty easily-understood explanations of various aspects of the ADA, and how it can apply. There are also links to several disability-related state laws in WV and other resources for information and adjudication of complaints.
Monday, November 01, 2004
Case of the Week: 11/01/2004
County: Monongalia
Age of client: 88
Our client is an elderly lady on a fixed income. She owns two houses. She has been renting one of the homes to a relative and her boyfriend for $150/mo. She agreed to rent the house during the summer of 2003 and did so to help her relative out. When our client contacted me, the "renters" were eight months behind on the agreed upon rent. On several occasions she contacted the adverse party and requested payment. She also notified the adverse party of her intent to sell the house and requested that they leave. The adverse party never responded to her requests and she felt thoroughly taken advantage of. I sent a letter on our client's behalf asking the adverse party to leave the house by November 1, 2004. If they failed to do so, I would then advise the client to take appropriate legal action. The adverse party responded immediately and have since vacated the house. My client can now proceed with selling the house.
Age of client: 88
Our client is an elderly lady on a fixed income. She owns two houses. She has been renting one of the homes to a relative and her boyfriend for $150/mo. She agreed to rent the house during the summer of 2003 and did so to help her relative out. When our client contacted me, the "renters" were eight months behind on the agreed upon rent. On several occasions she contacted the adverse party and requested payment. She also notified the adverse party of her intent to sell the house and requested that they leave. The adverse party never responded to her requests and she felt thoroughly taken advantage of. I sent a letter on our client's behalf asking the adverse party to leave the house by November 1, 2004. If they failed to do so, I would then advise the client to take appropriate legal action. The adverse party responded immediately and have since vacated the house. My client can now proceed with selling the house.
Wednesday, October 27, 2004
Older Americans Act Reauthorization
The Older Americans Act is up for reauthorization in 2005. The Act is the organic legislation for the aging network in each state, the web of services to seniors that includes the county senior providers, the Area Agencies on Aging, and each state's unit on aging such as the West Virginia Bureau of Senior Services. The last time this important piece of legislation sunsetted it took 5 years to get it reauthorized (completed in 2000). There was a real danger of losing legal as a priority service under the Act last time, so this time we are marshalling our forces early to keep legal services and advocacy a vital part of aging services nationwide.
Last time the Act was reauthorized a new section was created for serving caregivers. Recently at the National Aging and Law Conference in DC there was discussion of what, if any, new things might be created in the reauthorization process. Most of the participating aging and law professionals concluded that the Act will not be high on most Congresspeople's and Senators' agendas because of the dominating issues of war and the economy. However, some surmised that perhaps legislators will create a new area dealing specifically with preparation for the demographic slug of aging Baby Boomers.
The Center for Social Gerontology will continue to keep up-to-date news on the reauthorization process, including a focus on legal services, on their website, as they did during the last reauthorization. Click on the Law and Aging tab at the bottom of their homepage to get to those pages.
One way people can participate in the reauthorization process is to contact their federal legislators. There are a variety of ways to connect with Senators and Congresspeople, and electronic communications are available to anyone with internet access. The Electronic Frontier Foundation's website provides easy access to folks who want to identify their legislators and contact them.
Monday, September 20, 2004
Case of the week: 9/13/04
County: Harrison
Age: 60
Our client is an elderly woman facing a divorce from a mentally abusive husband. She is low income and disabled from a stroke. She did not feel comfortable representing herself in court. Once I took her information and determined that she really needed an attorney to represent her in her divorce, I forwarded the case to our work study, Terrilyn, who, with the help of Dianne Young, successfully found an attorney to take the case for free. Divorce is difficult and it helps to have someone in your corner who knows the law. Although getting a divorce does not bring our client much comfort, having an attorney helps lift some of her burden.
Age: 60
Our client is an elderly woman facing a divorce from a mentally abusive husband. She is low income and disabled from a stroke. She did not feel comfortable representing herself in court. Once I took her information and determined that she really needed an attorney to represent her in her divorce, I forwarded the case to our work study, Terrilyn, who, with the help of Dianne Young, successfully found an attorney to take the case for free. Divorce is difficult and it helps to have someone in your corner who knows the law. Although getting a divorce does not bring our client much comfort, having an attorney helps lift some of her burden.
Tuesday, September 07, 2004
Case of the Week: 9/6/04
County: Wayne
Age: 70
Our client is an elderly woman who had responded to a solicitation for a free phone. She learned it was for wireless service and decided not to get the phone. The compnay sent the phone anyway and charged her for service. Our client sent the phone back, unused, and asked for service to be stopped. The company did not oblige her and began to harass her for the fee. I sent a letter on our client's behalf asking the company to delete the charges and her account. The company acquiesced to my demands. Our client is happy that the company responded to the request and is now leaving her alone. She now has peace and quiet.
Age: 70
Our client is an elderly woman who had responded to a solicitation for a free phone. She learned it was for wireless service and decided not to get the phone. The compnay sent the phone anyway and charged her for service. Our client sent the phone back, unused, and asked for service to be stopped. The company did not oblige her and began to harass her for the fee. I sent a letter on our client's behalf asking the company to delete the charges and her account. The company acquiesced to my demands. Our client is happy that the company responded to the request and is now leaving her alone. She now has peace and quiet.
Case of the Week: 8/30/04
County: Raleigh
Age: 65
Our client is an elderly woman who contacted us because her neighbor's tree had fallen on her yard over a year ago. Although our client had contacted her neighbor about removing the tree, her neighbor never took any action. She had been prevented from enjoying her yard all summer long. Upon hearing her story, I sent a letter to her neighbor requesting he remove the tree. We have learned from our client that once he recieved the letter, he promptly complied. Our client sent a thank you letter to us expressing her gratitude. She can now enjoy the use of her yard.
Age: 65
Our client is an elderly woman who contacted us because her neighbor's tree had fallen on her yard over a year ago. Although our client had contacted her neighbor about removing the tree, her neighbor never took any action. She had been prevented from enjoying her yard all summer long. Upon hearing her story, I sent a letter to her neighbor requesting he remove the tree. We have learned from our client that once he recieved the letter, he promptly complied. Our client sent a thank you letter to us expressing her gratitude. She can now enjoy the use of her yard.
Thursday, August 12, 2004
BoSS Responds to Bob Graham situation with new NGA conditions for aging network
The WV Bureau of Senior Services (BoSS) has been under fire for the last several months because of publicity surrounding the Wyoming County Council on Aging (WCCOA). WCCOA's executive director Bob Graham was exposed in a series of articles in the Charleston Gazette as receiving nearly $500,000 in salary and benefits last year. After the WV Legislature and several federal and state agencies began investigating his excessive compensation, Graham has now come under investigation by law enforcement and the IRS.
In several of the newspaper articles about the situation, BoSS explained that because WCCOA is a non-profit corporation (as are nearly all service providers in the aging network) his salary and benefits are controlled by his Board of Directors. BoSS has now taken some steps to try to prevent this kind of situation from occurring in the future. Several new conditions have been added to the standard list of conditions in the NGA (Notice of Grant Award) contracts senior providers sign to receive aging funding through the BoSS.
The new conditions include provisions specifying Board make-up and salary caps for Executive Directors.
In several of the newspaper articles about the situation, BoSS explained that because WCCOA is a non-profit corporation (as are nearly all service providers in the aging network) his salary and benefits are controlled by his Board of Directors. BoSS has now taken some steps to try to prevent this kind of situation from occurring in the future. Several new conditions have been added to the standard list of conditions in the NGA (Notice of Grant Award) contracts senior providers sign to receive aging funding through the BoSS.
The new conditions include provisions specifying Board make-up and salary caps for Executive Directors.
Wednesday, August 11, 2004
New Blawg for Law & Aging in West Virginia
Welcome. Here you'll find periodic postings about what's happening in law and aging in our state, as noted by the folks at West Virginia Senior Legal Aid.
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