Hart & Hart Attorneys, Ltd.

States Set Minimum Staffing Levels for Nursing Homes. Residents Suffer When Rules Are Ignored or Waived. - KFF Health News The Biden administration set stringent new federal staffing rules. But for years, nursing homes have failed to meet the toughest standards set by states.

A good friend of mine posted an article about what your kids DO want from your estate and what they DO NOT want. Excellent reading, as usual, from Evan.

Top Ten Things Your Children Want You to Leave Them and the Top Ten Things They Don’t Want Discover the crucial aspects of estate planning and what your children and grandchildren hope you don't leave them.

My favorite fictional character for a lot of my posts is 'Irving Puffuffnick'. I just found a ballad for Irving - here:

The Ballad Of Irving - Frank Gallop 1966

Colleague just told me about client who DID NOT get a lawyer when he became executor. Made HUGE mistakes and is now getting a $50,000 mortgage on his house to fix his mistake, plus he lost his executor fee.
Buying just one hour of a lawyer's time for an overview of the estate would have been a lot cheaper, and hiring the lawyer for continuing assistance would also have saved money.

DON'T BUY AN RV. I've been following Steve Lehto - - on Youtube and occasionally contribute something he might be interested in. I sent him info on a Virginia case and his review and analysis is top notch. And the comments are enlightening as well.

Here is Why You Must be INSANE to buy an RV These Days A federal court opinion shows how most people sign away their rights at purchase.https://www.lehtoslaw.com

My day for rants.

(a mega mortgage loan servicer) must be related to as they're just as stupid (in my opinion). Here's why I think so:

Background – I'm conservator for a VietNam vet with 100% disability, so he's exempt from real estate taxes. But decided he had to escrow them even though they hadn't done that for the past few years.

Getting thru to talk about it on the phone is nigh on impossible; the real impossibility is finding someone with intelligence to talk to. So I sent a Qualified Servicing Request about the tax escrow error (copying various entities such as the Consumer Finance Protection Bureau).

As to the underlying loan: I'm the one who signed it as conservator, and all correspondence comes to my office. The loan had a copy of the conservator order AND the order allowing me to do the refi. Today I get a 'response' saying they don't have proof I'm conservator.

My response letter is below. It was emailed (2 email addresses) and faxed; it'll also be snailed. Below that is the email message with the documents.

(the body of the letter)

I received your letter dated January 17, 2024, copy attached. I also attach my original letter of December 27, 2023, as it's painfully obvious Mr. Cooper can't keep track of documents.

First, the law requires timely acknowledgement that my inquiry was received – which did not happen. I presume you intended your letter as a 'timely response' even though it responds to nothing except your apparently inept research skills. I fear you are underqualified for your position.

Since you are unable to discern from my December 27 letter that I am the one who signed all loan documents on behalf of Mr. Puffuffnick (or did you even look at them?) and the loan package submitted included court orders appointing me as his conservator AND specifically authorizing me to sign the loan documents on his behalf, I am including them with this letter.

If you are unable to understand at this point, I suggest it be elevated at least three levels within Mr. Cooper in hopes someone with the intellect greater than a third grader can review, understand, and respond adequately and intelligently to the total omnishambles of the escrow account for this loan.

I expect and demand a response by 3:00 PM Eastern Time Friday, February 2, 2024.

=======
(The Email message transmitting letter and stuff)

Your farcical letter of January 17, 2024 was received today and my immediate response is attached.

My letter responding begins with @@ so you can find it easier; the other documents are attachments as described in the letter.

I just looked at the loan documents I signed and which you presumably 'researched'. My signature as conservator is on all of them – did it occur to you to wonder why? And did it occur to you to note that the mailing address for the account is the same as my office?

PS: have the AI who drafted the letter review spelling – your letter asks for 'count' documents. Fortunately I have the intelligence to recognize you meant 'court'.

is, in my opinion, THE WORST BANK IN THE US. I have advised my clients to close all accounts there for years. And, in my opinion, their legal department is full of idiots. The fools have 'frozen' joint accounts for an elderly couple because co-conservators (including the joint account holder) got appointed for one of them AND the order says either one can act without the other. So Husband (a co-conservator AND joint account holder) couldn't use his debit card to buy medicine for his wife; he called the bank to find out and learned the accounts were frozen. Why anyone would do business with a bank that (in my opinion) stupid is beyond me. If you bank with them, consider closing the account and moving somewhere that has a brain.

When someone passes away, DO NOT call the bank or credit card companies or go to the courthouse to start an estate without talking to an experienced probate lawyer. We can frequently save a lot of headache and fees.

'I learned that the hard way': Expert warns never tell the bank when a loved one has passed away. Here’s why An expert explains why informing the bank of a loved one's passing right away will only complicate the grieving and banking process.

Hart & Hart Attorneys, Ltd. is pleased to announce that Shannon L. Jones has joined the firm as a member and shareholder.
Shannon attended Virginia Tech, graduating in 2004 with a B.A. in History; from there she attended the Claude W. Pettit School of Law at Ohio Northern University, receiving her JD in 2007. During law school Shannon interned with Hart & Hart and also was law clerk to the Hon. George Harris, Judge of the Allen County Circuit Court in Ohio.

In addition to her Elder Law knowledge, Shannon brings her experience in collection defense, misdemeanor and traffic defense, and domestic relations to the firm.

Hart & Hart was formed in 1892 by James P. Hart and his brother John M. Hart. John M. Hart was a member of the Senate of Virginia, later served as a judge of the Hustings Court (now the Circuit Court) for the City of Roanoke and then was the Commissioner of the Revenue for the City of Roanoke. James P. Hart’s sons, Col. James P. Hart, Jr., and John L. Hart, joined the firm following their graduation from the University of Virginia School of Law. Col. Hart’s son Ross C. Hart joined in 1976 after completing his legal education at UVa.

Those with a disabled child need to consider who will take care of that child when the parents can’t. Great article. Elder Law attorneys can help plan — find one at The National Academy of Elder Law Attorneys www.naela.org.
https://chatelaine.com/health/sibling-caregivers/

Why Siblings Are The Forgotten Caregivers As adults with disabilities outlive their parents, siblings are becoming primary caregivers with little preparation.

We couldn't agree more, Mr. Van D**e. ❤️

CONGRATULATIONS to Charlie Phillips for receiving an American Bar Association Pro Bono Publico award.

2023 - Pro Bono Publico Awardees - Charles Phillips Charles B. (Charlie) Phillips of Salem, Virginia, who retired from his law practice in June 2018 at the age of 80. During the past 4½ years, Phillips continu...

Thank you Doris for sharing this.

Grief Groceries!
I saw this letter today- as a funeral directors son, I have been around this for years. This is some of the best advice I have ever seen.

“Hey there, Thanks for writing. I’m really glad your friend has you in her life.

I get it. Grief is a funny thing. It’s the time in our life when we most need help, and also the time when asking for help is so hard. Not because we are ashamed to ask for help, although that happens sometimes too. But mostly because our brain just sort of shuts down.

When my Dad died, I looked functional. But I wasn’t OK. Not at all. And when the news got out, the ton of people flooding me with calls, texts, and DM’s was overwhelming. I really couldn’t function. I sat on the swing in our yard and just stared into space. People called and asked what they could do to help. I had no idea.

“Well, anything you need at all, let me know, OK?”

“OK”.

They hung up. I stared into space some more.

I had no idea what to do. What I needed. I didn’t even know what to ask for.

Then a friend sent a text. This friend had met Dad once but didn’t really know him. But still, she knew I was hurting. I saw who it was and almost put the phone down without reading the text, but I saw the message and it stopped me:

Will you be home at 8:30 tonight?

What’s weird is this friend lives 12 hours away from me.

Yes, I replied.

“K.”

10 minutes later, she said, “Instacart will be there at 8:30. Open the door for them.”

“What?”

“Grief Groceries.!!”

When Instacart showed up, they put two large bags of groceries on my porch. Frozen pizzas. Ice cream. Oreo cookies. Tinned soup. Stouffer’s lasagna. A gallon of milk. Like that. Things I could heat up if I needed a meal, or pig out on if I needed fat and sugar. Sometimes, you just need to eat half a box of Oreos.

Notice she didn’t ask if I needed any food. I would have said no. She just asked if I would be home.

Grief groceries.

Another friend, who lives out of town, asked Renee to name a restaurant near our house where we like to eat. There is a local chain near our house that is sort of a deli. When we eat supper there, we spend about $25. Renee told her the name of the place.

An hour later, there was a gift card in my inbox for $250. Yes, that is a lot of money, and I understand not everyone can do that. But the wonderful thing was that because it was enough for multiple meals, we didn’t try to save it for “the right time”. We ate there that night, and take out from there several times a week for the next month on nights when I just didn’t have the spoons to cook.

Both of those gift-givers knew something I didn’t know – that when you are grieving, you don’t want to make decisions. No, that’s not quite it: You can’t make decisions. You hit decision fatigue really fast.

So, I guess what I’m saying is, don’t ask grieving people to make big choices or decisions. “How can I help” is a big choice. But “Can I take the kids this afternoon so you can have some time to yourself” is a much smaller one. “Will you be home tonight?” is a small choice. “What restaurant do you like” is a small decision. Just showing up to cut their grass because you noticed it needed cutting is loads better than asking, “Do you want me to cut the grass?” Or, “I’m going to Target. What can I get you while I’m there?” is better than “Can I run any errands for you?”

It won’t always be like this. If you stick around, eventually they will surface and ways to be helpful will make themselves known. But in the first few days, especially, it helps to remove as many decisions from their plate as you can!”

Original Words from: Hugh Hollowell Jr.

Why I refuse to do business with (and other Big Box Banks) - This is from a friend of mine about its lunacy:
- - - -
Two sisters living together, one caring for the other. The caretaker sister dies and the impaired sister is hospitalized. I start off as the guardian and conservator for the hospitalized sister and end up having to file probate for the deceased sister.

I find a statement showing a joint account for the sisters at Bank of America. So Friday I go to the bank branch and present both certificates and ask to close the account. The manager there says he will send the papers to Estate Services (an ironic title) and I can pick up a check on Monday. Late yesterday Norma from Estate Services calls me:

Norma: I have the court papers from the branch in front of me. You will need to go to the branch and tell the manager to call me.

Me: I am trying hard not to be cranky, but you want me to go to the branch and tell the manager to call you? Surely there is some in-house system of communication or email or a phone call to him that can accomplish that. I can give you his phone number.

Norma: He needs to have your court papers.

Me: Friday I gave him the court papers you just told me he sent you and you were holding in your hands.

Norma: [Pause] You don't have to go to the branch.

- - -
('Here's Your Sign . . . ')

In my opinion there is no reason to bank with those idiots, and I recommend to all my clients that they close those accounts and move to a local bank.

Don’t confuse your internet search with my law degree!

In my opinion is the worst bank in the US to deal with; in my area we are lucky they left town. Here are some horror stories to entertain you. (also in my opinion, isn't much better, and - in my opinion - is trying to catch up with the big boys)

Why does Bank of America get a bad reputation? Answer (1 of 131): In 2003 B of A was the provider of the government travel card I was issued by the military for official travel. I was given orders to deploy to Afghanistan. Since I was deploying alone and not part of a unit, I was responsible for making most of my arrangements. At that time I ...

This ought to p**s people off. Medicare (dis)"Advantage" plans using AI to 'think' you're well, not actual doctor notes and evaluations.

Denied by AI: How Medicare Advantage plans use algorithms to cut off care for seniors in need An algorithm, not a doctor, predicted a rapid recovery for Frances Walter, an 85-year-old Wisconsin woman with a shattered left shoulder and an allergy to

https://www.msn.com/en-us/money/other/it-broke-me-everyone-says-you-need-power-of-attorney-but-nobody-tells-you-how-hard-it-is-to-use/ar-AA188xq1?ocid=entnewsntp&cvid=391e0d7f4668448e84c355137d1073f1&ei=10

Interesting article on power of attorney. Yes, they're needed as part of good planning. And (in Virginia, at least) if you have to take a stupid bank (yeah, redundant) to court to ram it down their throat, the court can make the bank pay your attorneys fees. And my friends indicate that hasn't learned this yet!
DON'T USE AN INTERNET FORM - get an experienced Elder Law Attorney to draft one suitable to your needs. You can find an Elder Law Attorney by going to the National Academy of Elder law Attorneys website at www.naela.org (use your zip code to find one near you)

‘It broke me’: Everyone says you need power of attorney, but nobody tells you how hard it is to use A properly executed power-of-attorney document is absolutely essential, but you’re going to need patience and diligence to get through the process.