County: Cabell
Age: 62
Our client needed to know what sort of planning she needs to do to ensure that her adopted daughter will be cared for by her aunt should our client become unable to do so. I researched the West Virginia Code for available planning tools. Explained to the client that she can appoint a designated standby guardian should she become unable to care for her daughter. Explained the process for designating a standby guardian and sent her information about Conservatorship/Guardianship.
Monday, October 31, 2005
Wednesday, October 19, 2005
Governor Signs Executive Order to Implement Olmstead Plan
On October 12, 2005 Governor Manchin signed Executive Order 11-05 requiring the implementation of the state's Olmstead Plan, Building Inclusing Communities: Keeping the Promise. This has been a long time coming. An Executive Order by then-Governor Wise in September 2000 created our state's Olmstead Task Force, which was to create a comprehensive plan by June 2001. The deadline was extended to December, and though a plan was completed and delivered to Governor Wise, it languished on his desk and was never signed. The Task Force was later resurrected, the plan revised, and finally now will be implemented.
Though most advocates feel that this is progress toward inclusion in West Virginia, one potential negative outcome is that the state may be able to use the existence of the plan as a defense to an Olmstead lawsuit. In other words, if a person sued the state for his institutionalization caused by the failure to provide appropriate community services, the state might be able to win claiming it had an effective comprehensive plan that unfortunately the services needed were not part of because of cost.
Though most advocates feel that this is progress toward inclusion in West Virginia, one potential negative outcome is that the state may be able to use the existence of the plan as a defense to an Olmstead lawsuit. In other words, if a person sued the state for his institutionalization caused by the failure to provide appropriate community services, the state might be able to win claiming it had an effective comprehensive plan that unfortunately the services needed were not part of because of cost.
Monday, October 17, 2005
Case of the Week: 10/14/05
County: Taylor
Age: 72
Client contacted us because significant sum of money was taken from her account after she gave personal information out over the phone. The person soliciting her convinced her he was associated with her bank and was trying to update her informaiton. However, he was located in Peru with an outfit that scams people. Our client immediately filed a police report and contacted us. I explained what identity theft is, steps she can take to protect herself from further theft, and provided her with an ID Theft Affidavit to dispute the unauthorized withdraw from her account. Before she contacted us her bank was unwilling to get the money back or close her account. Armed with the ID Theft Affidavit, she got her account closed. Her bank also assured her that they are working to get her money back.
Age: 72
Client contacted us because significant sum of money was taken from her account after she gave personal information out over the phone. The person soliciting her convinced her he was associated with her bank and was trying to update her informaiton. However, he was located in Peru with an outfit that scams people. Our client immediately filed a police report and contacted us. I explained what identity theft is, steps she can take to protect herself from further theft, and provided her with an ID Theft Affidavit to dispute the unauthorized withdraw from her account. Before she contacted us her bank was unwilling to get the money back or close her account. Armed with the ID Theft Affidavit, she got her account closed. Her bank also assured her that they are working to get her money back.
Tuesday, October 11, 2005
Case of the Week: 10/7/05
County: Wood
Age: 82
The client needed to know if her deed creates a right of survivorship with her daughter. I reviewed her deed and researched the relevant code provisions and case law. I explained that while West Virginia has done away with the assumption that joint tenancies create right of survivorship, her deed states that the relationship is as joint tenants and not as tenants in common. Arguably, this creates a right of survivorship.
Age: 82
The client needed to know if her deed creates a right of survivorship with her daughter. I reviewed her deed and researched the relevant code provisions and case law. I explained that while West Virginia has done away with the assumption that joint tenancies create right of survivorship, her deed states that the relationship is as joint tenants and not as tenants in common. Arguably, this creates a right of survivorship.
Wednesday, October 05, 2005
Case of the Week: 9/30/05
County: Jackson
Age: 61
Client contacted us regarding his rights to an undivided interest in property he inherited. The co-tenants have been removing hay from the property and he needed legal counsel. After researching the WV Code and case law, I explained that he may have a right to an accounting to see if the co-tenants have committed waste; however, for hay, co-tenants have lawful authority to remove. Also explained the client may ask the court to partition the property if the dispute persists.
Age: 61
Client contacted us regarding his rights to an undivided interest in property he inherited. The co-tenants have been removing hay from the property and he needed legal counsel. After researching the WV Code and case law, I explained that he may have a right to an accounting to see if the co-tenants have committed waste; however, for hay, co-tenants have lawful authority to remove. Also explained the client may ask the court to partition the property if the dispute persists.
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