Your Durable Power of Attorney May Not be Valid for Long

Wendy Alton

On May 23, 2012, the Governor of Michigan signed a new law pertaining to Durable Powers of Attorney.  The new law, Public Act 141 of 2012, lists new requirements for Durable Powers of Attorney, which become effective for all Durable Powers of Attorney signed after September 30, 2012.

A Durable Power of Attorney is a legal document that designates an agent who can act on your behalf for all of your financial transactions.  Most of the time Durable Powers of Attorney are effective only upon someone’s disability.

The new law requires that two witnesses sign the Durable Power of Attorney, or that it is notarized, or both.  Further, the Durable Power of Attorney is now not effective unless the designated agent signs an acceptance of designation that sets forth all of their duties.  This is the most significant change in the law.

While the law is only prospective and has no legal effect on Durable Powers of Attorney signed before October 1, 2012, it is highly probable that the banks will begin to refuse to honor any Durable Powers of Attorney that do not comply with the new requirements.  It is a good idea to have an attorney look at your Durable Power of Attorney or revise it to comply with the new law, thus eliminating any potential problem in the future.

You can read the new law here: 

http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0141.pdf

If you are interested in learning more about powers of attorney, estate planning, probate, family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

Poised for Eliminating the Backlog?

James G. Fausone
VA Disability Lawyer

VA claims it is at a tipping point in breaking the back of the department’s massive claims backlog.

VA maintains this because it is done with the so-called Nehmer review ordered by the Federal Court.  That was a review of Agent Orange disability claims generally for added presumptive claims that overwhelmed the system for two years.  Nearly 230,000 of those cases have been reviewed and finalized, and officials said fewer than 500 open cases remain.

The VA reports that 37% of the department’s rating staff dealt solely with these Agent Orange cases.  With the work finished, about 1,200 claims processors will begin dealing with the overall disability and pensions backlog.

More than 911,000 claims remain unprocessed, down from more than 1.4 million last year, but still up 60% from when the Agent Orange claims push started two years ago.  About two-thirds of those cases have been pending for more than 125 days, despite department promises to deal with them quickly.

The manpower can now be deployed on the backlog.  These raters have more experience than when the Nehmer review started.  Many in Congress are skeptical and have heard this claim that VA is getting its arms around the backlog before.  What else can VA say?  Veterans simply want this proven.  It is hard to be optimistic when the mail is not being filed in VA Regional Offices or claim status reports tell you it will be 525 days on average for a decision.

To read more about Congress’ concern in Stars & Stripes:  http://www.stripes.com/news/skeptics-doubt-va-s-claim-of-breakthrough-on-claims-backlog-1.180811

Is it Gambling?

Are internet cafes operating as illegal gambling operations?

These business establishments are popping up in every Michigan community.  They offer sweepstake games.  A Google search turns up 2,000,000 results for “internet café Michigan”.  Customers purchase internet time to play games and the shop pays cash for the “winnings”.

Attorney General Bill Schuette, has opined that these cafes are gaming.

Flint Business Center is an internet cafe that sells internet access and long distance phone cards.  With each purchase, the customer receives free sweepstakes entries to play casino-style computer games for cash prizes.  Schuette has sent cease and desist letters to a dozen of these internet sweepstakes cafes.

After receiving the cease and desist order, Flint Business Center sought a preliminary injunction allowing them to stay in operation.  The cafe argued that the games aren’t illegal gambling activities, but more similar to a McDonald’s Monopoly sweepstakes. 

The Genesee County Circuit Court didn’t buy it and denied the cafe’s request.  This may be the first state court decision on this issue.

The Flint Business Center has shut its doors rather than face potential prosecution.

If you have questions on legal issues, contact Mark Mandell or Matt Worley at (248) 380-9976.

Read more at:  http://www.mlive.com/business/index.ssf/2012/06judge_makes_initial_ruling_in.html

Paternity is Redefined in Michigan

Wendy Alton, Esq.

Paternity in Michigan has been completely redefined. The law in Michigan since 1956 has presumed that a child born in a marriage was the product of that marriage. This presumption existed even if the husband was not the biological father, and that fact could be proven.

As of June 12, 2012, pursuant to a new law signed in by the Governor of Michigan, paternity can now be established by the biological father even if the child was born in a marriage. This new law grants biological fathers rights over presumed fathers (men presumed to be the father because the child was born during the marriage.

However, very specific circumstances have to exist in order for paternity to be established, and there are extensive requirements in place with the new law. The primary circumstance that must exist is that paternity must be sought within 3 years of a child’s birth, or within 1 year of the entry of an Order of Filiation (paternity), whichever is later. This is merely one requirement, and the remaining requirements are too numerous to list here.

There is also a provision in the law allowing paternity actions under the new act even if the 3 year requirement isn’t met, provided they are filed within 1 year of enactment of the new law, again, under specific circumstances.

You can read the new law here:                                               http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0159.pdf

If you are interested in learning more about family law or divorce, or have a question about those issues, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.

PTSD & UI

Brig. Gen. Carol Ann Fausone (Ret)
Veteran Advocate
 

Women veterans suffering from post-traumatic stress disorder (“PTSD”) are more likely to have problems of urinary incontinence (“UI”), according to a study published in the June issue of the American Journal of Obstetrics & Gynecology.

This study interviewed 968 women veterans registered at two VAMCs in Iowa City and Des Moines.  The study was conducted on veterans 20 to 52 years of age from July 2006 until September 2008 through the use of computer-assisted telephone interviews.  The study focused on women veterans suffering from depression and PTSD. 

The results of the study showed that UI symptoms are prevalent and bothersome in young and middle-aged women veterans.  PTSD was found to be independently associated with UI in women veterans.  However, the study found that veterans suffering from depression did not have the same association with UI as those with PTSD.

In other words, the study found that women with UI are more likely to have PTSD and poorer mental health-related quality of life than women veterans with no UI.  Additional research to into the link between UI and PTSD is needed to understand this problem and perhaps provide solutions for these women veterans who have selflessly served our country overseas.

To learn more or see the results of the original study, please visit:

http://www.ajog.org/article/S0002-9378(12)00400-0/fulltext

A Final Tribute

Jim Fausone

Veteran Disability Lawyer

Death certificates for veterans will be provided at no expense to the veteran’s family.  At the Council Meeting of June 4, 2012, the Westland, Michigan City Council passed their 2012-2013 Fiscal Year Fee Schedule which, in part, addresses the cost of birth and death certificates.

Upon the recommendation of the Westland City Clerk Eileen DeHart-Schoof and with the approval of Mayor William R. Wild, the family of any United States Veteran who dies within the City of Westland will no longer have to pay for any requested death certificates.

“Over the Memorial Day weekend, I tried to think of what I could do to show my gratitude for all that our veterans have done and given.  Eliminating the cost of death certificates for any veteran who dies in the City of Westland is just a small token to the families of those who have given so much for our freedoms and liberties”, City Clerk Eileen DeHart-Schoof said.  “I believe it is the very least and the last thing we can do to thank them for all they have sacrificed”, she stated.

We at Legal Help for Veterans, PLLC salute the City of Westland and Clerk DeHart-Schoof for this final tribute to veterans.  We suggest everyone reading this blog send it along to their local clerk and start a nationwide movement for this final tribute delivered after TAPS has faded away.

 
For additional information, please contact City Clerk DeHart-Schoof at (734) 467-3184.

VA Appointed Fiduciary Abuse

Brig. General Carol Ann Fausone (ret)

A whopping $3 billion in assets is currently owned by American veterans who are too disabled or ill to manage their own money.  To remedy this, the Department of Veteran Affairs has a national program in place to appoint family members and VA-approved fiduciaries to manage these veteran assets.  Unfortunately, this program is plagued with fraud and theft.

In the past decade, the number of prosecutions for stealing from disabled veterans has doubled in Texas.  These crimes vary in severity – ranging from $5,000 stolen up to $2 million.

For example, Waco optometrist David Fran took $126,250 from a disabled veteran in order to build up his own private business.  Similarly, a Texas man and his wife allegedly stole $2 million from two dozen veterans in a pending case described as the largest rip-off ever reported in the VA fiduciary program.

Perhaps even more heartbreaking are the stories of theft when the fiduciary is a family member.  Rose Avila stole $180,000 from her veteran brother over a period of five years, all the while telling him his VA benefits were “being saved.”

Part of the problem is a lack of oversight.  In fact, some of the VA-appointed fiduciaries even have criminal records, but were still approved.  The VA has set up a new system to improve background checks and monitoring of fiduciary activities.  Unfortunately, with 96,000 fiduciaries assisting veterans nationwide, reports of theft still remain rare.

In an effort to deter this fraudulent conduct, Texas prosecutors are pursuing even small-time family scams.

We here at Legal Help for Veterans, PLLC, hear from veterans about fiduciary abuse.  At times, we are able to intervene.  VA needs a better monitoring system and a timely dispute resolution system when veterans complain.

To learn more or see the original article, please visit:

http://www.chron.com/news/houston-texas/article/Disabled-veterans-in-Texas-fleeced-by-3571559.php#page-1

If you have questions on VA disability claims or fiduciary abuse, contact Legal Help for Veterans, PLLC at 800-693-4800.

Aid & Attendance Abuse

The Department of Veteran Affairs pension program provides financial assistance to low income veterans.  Or so we thought.

According to a report by the Government Accountability Office (GAO) detailing a year-long investigation, the pension program is fraught with abuse.  Over 200 financial planners and other firms have sprouted up across the country specializing in helping well-off veterans “restructure” their assets to appear indigent and therefore qualify for tax-free pensions.  These pensions can pay more than $20,000 per year.

To qualify for these pension benefits, the veteran must be over 65 or permanently disabled, have served during wartime, and fall below the income threshold – $12,200 for a person with no dependents.  However, by hiding assets in trusts or deferred annuities, these firms are able to get pension benefits for veterans with hundreds of thousands of dollars in assets.

While this “restructuring” of assets is not illegal under the current rules, this practice does undermine the very purpose of the pension system – aiding poor veterans.  The GAO placed partial blame on the VA, calling for greater oversight and changes to the eligibility rules.

The VA said that it concurred with the GAO’s recommendations and that the department is drafting new regulations to clarify the types of asset transfers that might disqualify a pension applicant.

With over a half million veterans receiving pensions, clear regulations regarding eligibility are not just preferable, they are a necessity.

At Legal Help for Veterans, PLLC we do not handle aid and attendance claims and do not restructure assets to make veterans qualify.  If you have questions, contact Kristina L. Derro.

To learn more or see the original article, please visit:

http://www.nytimes.com/2012/06/06/us/veterans-pension-program-is-being-abused-report-says.html?_r=2