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Wendy Williams: Planning to Avoid a Guardianship

March 4, 2024 by Victoria Blachly

TV host and personality, Wendy Williams, has been in the news recently for her challenging health issues, marital drama, and legal woes, after a bank froze her bank accounts due to concerns about whether she needed a protective proceeding/guardianship due to her mental and physical ailments.

Her team recently revealed Ms. Williams has dementia, and rumors abound that it may be alcohol related.  A new Lifetime four-part docuseries, Where is Wendy Williams, chronicles the sad tale.

Note that Ms. Williams is only 59-years old, so she likely never expected to face such cognitive challenges that require legal planning and preparation.  While she did have a Power of Attorney that identified who should manage her finances, were she to be incapacitated, the court got involved and made a determination that the nominated fiduciary was not the best person suited for that job, and appointed someone else to be her guardian for financial decision making.

Other options that could have been taken to protect herself and her assets include setting up a Trust, where a successor trustee would take over, once she became incapacitated.  Naming a professional third-party professional trustee, trust company or bank may have been a better option for Ms. Williams, and may have resulted in a different ruling with the court in New York.

Nobody wants to think of the worst case scenario when discussing their future, but an excellent estate planner will help you talk through your options to bring peace of mind: Plan for the worst and hope for the best!

 

Categories Blogroll, Email News, Estate Planning, Fiduciary, Financial Elder Abuse, Guardianships, Trusts, Uncategorized

Staying Safe in Extreme Cold

January 17, 2024January 16, 2024 by Victoria Blachly

With numerous winter storms ravaging the country, it is vital for each of us to take care, not only of ourselves, but also to take care of our vulnerable friends and neighbors.

AARP explains, “Older people are especially vulnerable when temperatures drop because they have less efficient circulation. They may have medical conditions (such as thyroid problems or diabetes) and take medications (such as beta-blockers) that can raise their risk of health problems, including injuries, in the cold.”

Cold weather tips include:

  • Pile on the layers, both with your clothing and with bed linens.
  • Be careful with candles, electric heaters and generators.
  • Keep the weather outside with closed doors, including closing interior doors to trap heat.
  • Be careful while clearing snow and avoid extreme exertion that can trigger a heart attack.
  • Find a shelter, if need be.
  • Don’t drive unless you must.
  • Keep an eye on the fridge and freezer, to avoid spoiled food.
  • Check on others.

Displays of kindness can fill the world with happiness and warmth.  Stay safe.

Categories Blogroll, Elder law, Email News

Gina Lollobrigida: Financial Elder Abuse Is NOT “Loving Care”

December 14, 2023 by Victoria Blachly

Gina Lollobrigida, the successful 1950’s and 1960’s Italian actress, model, photojournalist, artist and politician, passed away in early 2023, at the age of 95.

Her former personal assistant was recently found guilty for stealing millions from his former employer, after being charged with “circumvention of an incompetent person.” Although the trial started before Lollobrigida passed, and she defended her assistant, he was convicted and sentenced to three years. After the verdict, the assistant said, “I was the only one lovingly taking care of Gina Lollobrigida.”

With all of her fame, fortune, connections and success, Lollobrigida was not immune from financial exploitation.  We must all be aware and we must all be alert.

If you or someone you know may be the victim of elder abuse, call the Oregon Elder Abuse Hotline at 1-855-503-7233.  The National Elder Fraud Hotline is 1-833-372-8311.  You can also contact the criminal authorities and/or a civil attorney, to protect yourself or our vulnerable citizens.

 

Categories Blogroll, Elder law, Email News, Estate Planning, Financial Elder Abuse, Uncategorized

SPPE: The Supervised Practice Portfolio Examination Provides a New Pathway to Becoming a Lawyer in Oregon

November 22, 2023November 21, 2023 by Victoria Blachly

This month the Oregon Supreme Court unanimously approved a new pathway to becoming a licensed lawyer in Oregon for law school graduates, which avoids taking the bar exam – a test that raises concerns of discrimination, is expensive, and takes substantial time to prepare for, with the most recent passage rate of only 69%. 

Under the SPPE, applicants must have at least 675 hours of practice under the supervision of a licensed practicing attorney and submit a portfolio of work with 8 projects, which will be reviewed and graded by the Oregon Bar of Board Examiners. 

Our neighbors in California and Washington are also considering alternative pathways for law graduates to become licensed practitioners. KGW has more information on this video or you can read the 28-page report by the Oregon State Bar.

Categories Blogroll, Email News, Firm News & Updates, Oregon Law

Construction Liens in Oregon

November 14, 2023 by Van M. White III
House under Construction

Contractors and suppliers on construction projects not paid on time may not be able to keep current or meet their financial obligations. Lack of payment and late payments also leads to wasted resources and reduced profits. Industry surveys indicate that contractors and suppliers on construction projects are often paid late and many of them don’t consider filing a construction lien when payment is not made on time.

With current interest rates relatively high, banks are tightening up and construction financing may be difficult to obtain. In addition, there are concerns about a recession. These factors could very well cause contractors and suppliers on construction projects to encounter payment issues. Thus, it is important that contractors and suppliers take advantage of their construction lien rights to avoid late payments and help ensure they are paid. Just the simple step of providing notice of lien rights to the property owner at the beginning of a project can cause payment to be made in a timely manner. If a general contractor or owner is having cash flow issues, they are more likely to pay the contractors and suppliers who secured their lien rights by providing notice to the owner.

Construction liens are a very effective collection device for construction contractors and suppliers. To read more about what construction liens are and how they work in Oregon, click here.

Download a PDF.

 

Categories Blogroll, Email News, Oregon Law

Scam Warning: Be Careful of The Geeks

June 12, 2023 by Victoria Blachly

Oregon’s Attorney General, Ellen Rosenblum warns, “If you get a text message or email that says you were or will be charged hundreds of dollars to renew your Geek Squad membership unless you call a phone number within 24 hours, don’t be fooled. This is a scam.”

The report indicates such emails will often be accompanied by a false invoice. Do not open such emails, attachments or click on the links.

Questions or concerns?  Call the Attorney General’s Consumer Hotline at 1-877-877-9392.

Categories Blogroll, Email News, Financial Elder Abuse

Public Tax Shaming

May 20, 2023 by Valerie Sasaki

In 2019, the Oregon Legislature passed SB523, which authorized the Department of Revenue to publicly disclose the individual and business taxpayers who owe $50,000 or more. During the pandemic, the Department of Revenue put this program on hold.  However, with the worst of the pandemic in the rearview mirror, the Department is moving forward.

Taxpayers will receive notices that they will be on this list on or before Monday, May 22 and they will have 8 weeks to resolve the tax liability. If they can’t come to a resolution, the Department will publish information including their name, city and state of residence, type of debt, and amount due.

Please call your tax advisors immediately if you receive one of these notices.

Categories Blogroll, Email News, Taxes

Oregon Attorney General Warns of Tax Season Scams

April 10, 2023 by Brandon Torkelsen

Tax season is here, and with it come scams and frauds that target unsuspecting taxpayers. The Attorney General of Oregon, Ellen Rosenblum, has issued a warning and provided some tips to help people stay safe. Be wary of government imposter scams, in which scammers pose as representatives of government agencies or businesses. These scams often involve requests for personal information, immediate payments, or even threats. As Rosenblum notes, “Oregonians should know that local, state, and federal government agencies will never ask consumers to send money or make payments via a wire transfer, pre-paid gift card or by purchasing cryptocurrency.”

Don’t let scammers take a bite out of your wallet this tax season. Remember, if it sounds too good to be true, it probably is!

Categories Blogroll, Email News, Financial Elder Abuse, Oregon Taxes, Taxes

We Are Leaders

January 26, 2023 by Laura Brady

SYK Family Law Attorney Adriana Gomez is featured in this month’s edition of the Oregon State Bar Bulletin as a recipient of the Oregon New Lawyers Division (ONLD) Member Services Award. The mission of the ONLD is to assist new lawyers with the transition to practicing law in Oregon and to engage and leverage new lawyers in support of the mission, functions, and values of the Oregon State Bar. Congratulations Adriana!

Categories Attorneys, Blogroll, Email News, Family Law

Online Education for Older Adults – Really, for ALL Of Us

January 12, 2023 by Victoria Blachly

Have you heard of, or been the target of, an online scheme?  Of course you have!

  • Warning!  Your Account Has Been Locked
  • Fake Government Threats From the IRS or FBI About Your Misdeeds
  • Alleged Problems With Your Bank Account with “Vishing” (voice phone hacking)
  • Demands For An Extended Car Warranty
  • Text Message Scams (“Smishing”)
  • Online Dating or Sweetheart Scams

The potential list is much longer than the one above, but with the number of cyberattacks and scams increasing over the pandemic, we must be diligent to protect ourselves and our elders. A detailed online article is available through Berkeley

You will learn not only to recognize the warning signs, but also how to protect yourself by changing your passwords and using strong passwords, contacting your credit bureau and banks, asking for support if you need it, scanning your system for malware, disconnecting your device so malware does not spread, being careful about giving away information, noticing odd emails and avoiding the “too-good-to-be-true” offer.

With respect to assisting older online users, they recommend, “If you want to help your older relatives stay safely connected online during these difficult times, make a point to offer your support.  Set aside an hour or two to talk through online safety protocols with your family member, explain the risks they face online and point out a few common red flags that they might need to look out for.”  You can use the article as an excellent launching point, and since your elders took such good care of you, isn’t it time you return the favor?

Categories Blogroll, Digital Assets, Email News, Financial Elder Abuse
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