Naming a Guardian for Your Children in the Event of Your Death

Every parent fervently hopes to see their children reach adulthood, but, sadly, sometimes parents die before their children are grown. For peace of mind, parents can name a guardian for their children ahead of time. Most parents elect to do this in their Last Will & Testament; or as an alternative, parents can designate a guardian by using a form called: “DECLARATION NOMINATING PRENEED GUARDIAN OF PERSON AND PROPERTYOF MINOR CHILD(REN) “

According to Florida Statute 744.3046 Preneed guardian for minor. (7)

Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed.

There are two types of guardianship to be determined for this type of estate planning: Guardian of the Person; and Guardian of the Property. As a practical matter many parents choose to designate both powers together. The powers and authority given to a guardian are exactly what they sound like. Guardian of the Person means that the designated guardian takes care of day to day needs of the child(ren). Guardian of the Property means that the designated guardian handles all finances and financial decisions by and for the the child. Parents often bequeath money to their heirs, and if the heir is a minor child, will leave the money in a trust to be overseen by the guardian of the property.

When choosing a guardian for your children there are several factors to consider:

1. The age of the designated guardian. Although it may be tempting to designate your mother as guardian, your mother may not be able to realistically take care of your children, depending on her age.

2. Likewise, a sibling could be a logical choice for guardian. But, if that sibling lives far away, or even in a different town, that likely means your children will have to change schools.

3. Religious preferences and practices may also need to be considered. If you are very religious and your guardian is not, then the children's religious upbringing will likely be very different from what you would want.

4. Also consider any other factor that you consider important to your child's well being and development.

It is considered good practice to designate an alternate guardian, just in case the person you designated is unable or unwilling to take on the responsibility. Using the declaration form rather than designating the guardian in your will may be the better plan, because the declaration accounts for the event of your incapacity while a last will and testament only takes into account your death.

See – Florida Statute 744.3046 Preneed guardian for minor.

 

Florida Child Support Guidelines Worksheet

In Florida child support for divorcing couples is almost always mandatory, and is generally calculated before the judge signs the final order of dissolution of marriage. Sometimes when a couple has agreed upon an amount for child support, the court will approve that amount. But, unless the agreed upon amount is close to the amount which would be awarded in the child support guidelines, the judge is likely to reject it. Whether parents have agreed upon an amount or not, the child support calculation is necessary. 

 Pro se litigants and some document preparers struggle to prepare the child support guidelines worksheet as the form itself may seem daunting. For reasons way above my pay grade, the automated calculator on the Florida Supreme Court's site has been removed. I have located an unofficial calculator - https://floridachildsupportcalculator.com/calculator – which works almost as well. The unofficial version does not create the form like the Florida Supreme Court approved form did, however, the form itself is easy enough once you have the amount calculated. 

The first thing to realize is that there is no way to calculate child support until both parents' Florida Family Law Financial Affidavits are side by side. And, the parents need to have decided how many overnight visits the children will have with each parent. Then follow the steps on the form or plug the numbers into the calculator. 

 Besides each parents' net income (Line 27 on their financial affidavit); you also need to know: 

which parent is paying for the children's medical insurance, and uninsured medical bills, and how much; 

which parent is paying for the children's daycare or after school care and how much, if any; 

the children's number of overnights with each parent; 

*the parents' combined incomes associated with the number of children subject to this child support. 

 *You'll find this number in the Florida Statutes and also in the Florida Supreme Court approved form and the unofficial form. Use the table to find the number to start with. Go down the rows from the column heading at the top that says: Combined Monthly Available Income. Then once you find the column for the correct number of children, you've also found the starting amount for child support. The unofficial calculator finds that number for you, but its good for you to know how this actually works.

 If you are a pro se litigant and need help calculating your child support. Please contact us at 800-515-0496.

Equitable Distribution of Property means "fair" not necessarily "equal".

 

Finding reliable information online is a challenge. We hope this article helps. 

Florida legal document preparers may not advise consumers about their legal rights or obligations. However, we can provide information to help people make informed decisions. When a couple has decided there is no way to save the marriage, and divorce is on the horizon, many couples try to work things out between themselves.

Coming to an agreement about how to divide assets and debt can save couples thousands of dollars in attorney fees. Couples can reach agreements about dividing property either on their own or with the help of a mediator. Courts generally uphold such agreements as long as they are in writing and each spouse has had an opportunity to consult with an independent attorney. If a couple can't reach an agreement, a judge will decide.

It is helpful to know the basics of what each person may be entitled to or obligated to pay for. In general, marital assets and debt are equitably divided between the spouses. Marital property in Florida is anything acquired during the marriage with money earned while married. It does not matter whose name the asset is titled in. There are many unique rules that govern gifts, inheritances, retirement accounts, and family businesses.

Types of property that may need to be divided during a divorce include things like vehicles, household furnishing, electronics, real property, funds in bank accounts, investment accounts, and stocks. Some types of retirement accounts require divorcing couples to submit a qualified domestic relations order (QDRO) to the court. A qualified domestic relations order applies to all retirement funds and accounts that fall under the rules of ERISA. Qualified retirement plans, 401(k)s, and 403(b)s all require a QDRO in a Florida divorce if the account is to be split or transferred between spouses.

Florida is an equitable distribution state.

Under an equitable distribution approach, your marital property will be divided equitably or fairly, but not necessarily equally. Often, equitable division doesn't result in a 50/50 split.

Florida judges consider several factors when dividing property, including:

• each spouse's income and earning potential

• the length of the couple's marriage

• the number of minor children at home

• whether one spouse made career sacrifices for the other spouse's education or job

• each spouse's debts and assets

• each spouse's overall physical and mental health, and

• any other relevant factor.

After considering the above factors, a judge will make a property determination that meets the needs of both spouses and serves the best interests of the couple's children, if any.

How Is Property Divided?

As stated above, assets are usually divided equally; however, the judge can make an unequal division after considering all of the relevant circumstances, including the following:

• the length of the marriage

• each spouse's overall economic circumstances

• the desirability of allowing the couple's minor children, or either spouse, to continue living in the marital home

• each spouse's contributions, including improvement of marital or nonmarital assets and contributions to the marriage either as an income-earner or as a parent or homemaker

• whether either spouse interrupted a career or education during the marriage or contributed to the other spouse's career or education

• each spouse's debts and liabilities, and

• whether either spouse intentionally wasted or destroyed marital assets either after the divorce petition or within the two years preceding it.

Another factor courts consider is the difficulty of dividing certain assets. For example, in most cases a judge would try to award a business started by one spouse during the marriage entirely to that spouse and award other property or money to the other spouse to make up for the marital interest in the business.

A court won't divide up a home and award each spouse part of it, but might order the couple to sell the marital home and divide the proceeds. If a marital home is the couple's only major asset, a judge might also order the couple to wait until some future date to sell the home and divide the proceeds, and award one spouse a temporary right to live in the home. This is a particularly common result when the couple has minor children still living in the home.

Advice v Information

 

Sometimes it's hard for people to fully understand the differences between legal advice and legal information. Information is fact. Advice is telling someone what they should or should not do. Seems obvious enough.

However some general advice becomes not advice at all because it so general. For example, common knowledge advice. You should wear your seat belt while driving. Don't drink and drive. You should pay your income taxes on time. You should financially support your children. All of those statements are advice, and there are laws related to all of those statements, so does that mean those statements are “legal advice”, which is something that only a lawyer can give?

No, the very general nature of the advice, even though the subject is technically a legal matter, transforms these advisories into general advice.

But, it gets murky. I'm not an attorney. What if I said to a first time homeowner, you should apply for homestead exemption? Is that general advice? It's obvious to me, and common knowledge to me having lived in Florida most of my life and bought and sold more than one home. But what if the first time homeowner is not only a first timer, but also has recently moved to Florida? Is it legal advice?

Maybe. It might be better to send that person down to the county building to find out all about homestead exemption on his own.

I always identify myself to prospective customers as a legal document preparer. And, I then, explain that a legal document preparer can prepare legal documents, provide legal information, and explain procedure, but may not provide legal advice or representation. Although, most consumers say they understand, it still may not prevent them from asking legal questions which I cannot answer.

Legal document preparers may not select forms for their customers. But, many times the customer knows exactly what he wants to accomplish legally, but does not know the name of the form or process. For example, frequently an unwed father will call and tell me that the mother of his child will not allow him to see the child. Most of the time, the father is already paying child support. He is at the mercy of the mother's whims, and poor dad doesn't know why. So I tell him the name of the form.

The central form is called a Petition to Determine Paternity and Related Relief. And, I explain it in this way, “this is like a divorce but for parents who were never married and have a child together.” And I go on to explain that the purpose of the process is for him to receive a signed order from the court naming him as the legal father so that he will have just as much right to see the child as the mother. And this is exactly what happens, unless the mother proves that there was ongoing criminal activity in the household; child abuse or neglect; domestic violence in the parents' relationship; or some other reason that this father should not have paternal rights.

I am not an attorney, I am a Florida legal document preparer. I do not provide legal advice or representation.

Preparing Legal Documents from Home

 

By now, during the pandemic, everyone who was inclined or able has made adjustments in their work life to work “remotely”. Now that the pandemic is really and truly winding down, some people are itching to get back to the office, others are more than content to continue working remotely from home.

I've been working from home since 2010, since I started my document preparation business and the Florida Association of Legal Document Preparers. The pandemic trend to work from home has not even been a blip on my personal work life radar. For me, nothing changed.

Preparing documents for consumers is an ideal work from home business. The only products are information and completed documents. Information can be provided to the customer either in a telephone call or an email. Completed documents can be sent via email.

Weigh it out. You know yourself better than anyone. Many people worked from home during the height of the pandemic for the first time. Some people loved it, others didn't.

You can also carve out a hybrid option for yourself. Work from home sometimes, and meet face to face with customers at other times. You may also discover that meeting with customers via video conferencing is the best of both worlds.

Experiment until you find what works best for you and your customers. Above all else, make sure that you enjoy your work, feel good by doing good.  

Here are some of the pros and cons of an at home document preparation business.

PROS

CONS

Solitude. There are only interruptions under your own control. Autonomy. You can set my own schedule to be the most productive and come and go as you please. No one looking over your shoulder, no walk-ins. Convenience. Working from home means there is no commute, and no need to go out to lunch everyday. Minimal overhead. No need to lease office space or keep up with the expense of a professional wardrobe. The lack of division between work and the rest of life may be a plus for some people. Rather than work/life balance, some people strive for work/life integration.

Isolation. The lack of in person human contact is stressful for some people. Distractions at home may make it difficult to stay on task. Things like the lure of the TV; family wanting attention; and afternoon naps are top distractions. It's more difficult to create rapport and trust with customers without seeing them face to face. It can be more difficult to create credibility with customers if they know you work from home. There may be very little division between work and the rest of life. Some people might find this exhausting.

I'm back!

 Hi everyone,

After nearly a six month hiatus, I'm back, The air and the internet seemed too full of noise. I had to back off for a while. I didn't want to add to the noise, and wasn't sure that my voice would be heard anyway. Maybe the world has calmed down some, as we trudge our way to normal. Maybe it's a normal that will never come. Could be -- this is it. 

And, if this is it. Fine by me. We'll manage just fine. Nothing is ever static - as it is - change being the only constant. 

I have gone through some personal troubles right along with the world spinning out. I'm better now. As we go forward I'll write here regularly, my take on social issues; pro se rights; the legal document industry; and the world as I see it. 

Thank you for reading, and please comment.

Ruth Tick

Document Preparation Training Courses

 

People sometimes wonder about the legitimacy of the legal Document Preparation industry. Because document preparers are not licensed by the State of Florida in any way and there are no specific criteria to be a legal document preparer some people think that anyone can just decide to become a legal document preparer. Technically that's true, but there's a lot more to it then just proclaiming yourself to be a legal document preparer. 

The Florida Association of Legal Document Preparers - FALDP, has member document preparers who have years of experience working for attorneys and cumulatively have a wealth of background, experience, and knowledge they use to help consumers.  

Sometimes when a prospective member contacts us, one of their questions is whether the market is saturated with document preparers. They want to know whether it is a good idea for them to pursue a business as a legal document preparer, and whether the field is too crowded. My answer is always no, there is a lot of room for growth in our industry -- there are many many consumers who are under served. 

 

 

 No one seems to keep detailed statistics about pro se litigants - who is pro se; the number of consumers who proceed pro se; their reasons; and their success rates. We have maintained a survey for pro se litigants on our website. And we've compiled some responses to the survey, that might shed some light on just these questions. For example in our survey we found that most of the responders were females aged 50 to 65 who found the survey online. The survey is on our website – www,faldp.org - and we have done little or nothing to promote the survey until recently. We found that of those responders 45% were college-educated with English as their native language. Almost 43% were involved in or dealing with a civil case and of those 60% were defendants. In other words, they were involved in a court case, not by choice, but to defend themselves.  

25% researched online before deciding to proceed pro se; and 16% consulted with an attorney before deciding to proceed pro se. Most striking, however, was that 35% of the survey responders stated that they were proceeding pro se because they could not afford an attorney. This underlines the pervasive Justice Gap, the difference between those who can and those who cannot afford an attorney. And the implication that for those who cannot afford an attorney, no justice is possible.  

We maintain our website in part to educate consumers about the types of issues that they may have encountered like family law, bankruptcy, and civil matters. We also maintain our website to support the legal Document Preparation Industry as a whole. 

In order to help our members in document preparers grow and expand their businesses, we offer online legal Document Preparation training courses. And, we have bundled are courses together into what we call our All Course Bundle which consists of 16 online legal Document Preparation training courses. Our courses are available to anyone, you don't need to be a member of our association or even a document preparer to take our courses. 

 The price for the 16 course bundle, the All Course Bundle $2399... This offer represents substantial savings compared to taking all of our courses one by one. Call – 800-515-0496; Email staff@faldp.org; Visit – www.FALDP.org

How Does the Judge Decide Child Support?

How does the judge decide child support?

The short answer is that the judge doesn't decide child support at all. Child support is per Florida Statute 61.30 Child support guidelines, and is based on a few bits of information and a mathematical formula applied to it. The information required is the same information required for the Family Law Financial Affidavits and Parenting Plan. Once both parties' financial affidavits and the parties' parenting plans are available the child support amount can be calculated.

The information required is:

Both parties' net income;

Which parent is paying for and amount paid for after school care or child care (if any);

Which parent is paying for the child or children's medical insurance and uninsured medical expenses; and

Number of overnight visits the children spend with each parent.

All of this information, except for the number of overnight visits, is taken from the parties' financial affidavits. The number of overnight visits is taken from the parenting plan.

Within the Florida Statutes and also on the form Child Support Guidelines Worksheet there is a table to find the amount of child support that both parents need to contribute based on the parents' combined incomes. The table has rows to find combined income amounts, and columns for the number of children. Once that amount is found, all the other information is applied.

Frequently, parents' incomes are not identical, and the number of overnight visits are not exactly half and half. So a percentage of child support is assigned to each parent, and the difference between the two amounts is paid to the parent earning the lesser amount or having the child with them the most. The Florida Supreme Court has a web form that automatically calculates the amounts. But, preparing the Child Support Guidelines Worksheet is not difficult, with a calculator and a little time.

Because of the information required to calculate child support, the financial affidavits and the parenting plan must be completed first.

Sometimes, especially in magistrate's court, the parties will be told to simply provide their last three pay stubs, and somehow, child support is calculated from that information alone. Beware this process, as it does not provide a full financial picture.

The court recognizes that although a child support order is a binding court order -- circumstances change over time. The basis for a modification of a child support order is the existence of substantial change that affects any of the parties.

"Substantial change" has many definitions. Specific definitions of substantial change are best found in case law. However, in general, substantial change for modification of child support is involuntary, unanticipated and permanent.

LEARN MORE.

Guess what, Mom! I'm OFF probation.

Probationers come in all ages, shapes, and sizes. But the one thing they all have in common is that they want to be off of probation as soon as possible.

Probation in Florida: Learn the Rules of Probation


Probation in Florida is a punishment that may allow an offender to avoid jail time or to serve less time. The punishment aspect of this penalty is the adherence to certain terms.
It’s also a way to monitor the actions of someone on probation. So if a probationer breaks the law or violates one of the terms, it could result in being re-sentenced and spending time behind bars.


Those who generally qualify for probation are people convicted of a nonviolent or minor crime, along with those who don’t have a criminal history. Or if someone has already served time, the remainder of the sentence could be served through probation.

Types of Probation


There are two main types, misdemeanor and felony probation. Although the terms vary for each person, they will be different especially when it’s a misdemeanor versus felony. One of the biggest differences is that felony probation is generally longer, lasting about three to five years, compared to misdemeanor probation generally lasting one to three years.


Probationers often request early termination of probation after serving about half of the probationary sentence. Upon the judge's discretion, It may be granted providing the terms were met and there were no violations.

House arrest, which is also called community control, usually requires the probationer to be electronically monitored.. If drugs or alcohol were involved in the crime, rehabilitation or counseling might be required.

Terms of Probation

The terms of probation vary from one case to another. Some are fairly common, such as obeying the law; showing up at scheduled meetings with the probation officer; abiding by court orders (such as the payment of fines); and completing conditions such as community service or court ordered classes.

Other terms are specific to the individual. They may address issues such as abstaining from drugs or alcohol, submitting to drug or alcohol tests, avoiding certain locations or persons, and restricted travel. 

Penalties for Violation of Probation


Violating probation is serious, especially with a felony charge. With felony probation, any original sentencing of prison time could be enforced. However, even violating misdemeanor probation could result in a few months in jail. Other penalties for probation violations include an extension of the probation period; payment of additional fines and court costs; and new terms being added.

If you need help preparing documents for Early Termination of Probation, contact us at the Florida Association of Legal Document Preparers - 800-515-0496

How much does a Florida divorce cost?

How many angels can dance on the head of a pin? How long is a piece of string? It depends. If the divorcing couple can come to agreements about how to divide their assets and debts; and agree on their mutual responsibilities to their children, our services are ideal. A typical base price for a document preparer to prepare divorce documents is around $299. with some add ons depending on your situation. If you have children, then you'll need a Parenting Plan which may be an additional $75 or so; and if you need a Marital Settlement Agreement to divide your property and debt, that may also be an additional cost. Most document preparers also prepare the Child Support Guidelines Worksheet, and the Family Law Financial Affidavit for an additional fee. (You usually have the option of preparing any of these yourself, to avoid the fee.) There are some other possible add ons which you may or may not need. So, all told, using a document preparation service, your divorce might cost around $500 - $600 for the prepared documents. The filing fees, which are paid directly to the court are $408.; and if you need to have the other spouse served by a sheriff, an additional $50. So, using a document preparation service, the document preparation fees and court filing fees combined are usually around $1000.

A thousand dollars may sound like a lot of money, but if you look at what you might spend with an attorney – you'll change your mind. According to Lawyers.com on average, a Florida divorce, using an attorney, costs $13,500. which includes $10,700. in attorneys' fees. So, on average, consumers spend over $2,800. over and above the $10,700. attorneys' services and fees. According to the linked article: “After attorneys' fees, the rest of divorce costs come from expenses, which includes fees for court filings, mediation, and the cost of copying and serving documents. Expenses also include compensation for expert witnesses and consultants, such as child custody evaluators, appraisers, or financial analysts. Average expenses in Florida divorces were $2,800.”

We would never tell anyone whether they should or should not hire an attorney. Sometimes there is no other way. But, we will tell anyone and everyone that if there is any way that a divorcing couple can come to agreements about their assets, debts, and children; they'll have more dollars left over to secure their assets; pay down their debts; and take care of their children.

Small Probate - Summary Administration of Estate

Many Floridians don't realize that an attorney is not always required to settle an estate when a family member dies. In Florida, there is a process called Summary Administration of Estate which can be filed pro se (self-represented).

Florida Statute 735.203

(1) ”A petition for summary administration may be filed by any beneficiary or person nominated as personal representative in the decedent’s will offered for probate. The petition must be signed and verified by the surviving spouse, if any, and any beneficiaries ...”

The summary process can be used whether or not the decedent left a will. An estate where the decedent left a will is called a “testate” estate; and estates where there is no will are called “intestate”.

A family member, interested party, heir or beneficiary may file the small probate documents for Summary Administration of Estate pro se. In general, Summary Administration of Estate is appropriate if the value of the estate is less than $75,000. excluding the value of exempt assets such as homestead real property and personal property. If a home is designated as the decedent's Florida homestead, the value of the property is exempt, but the real property still needs to go through probate in order to transfer it from the decedent's estate to the name of a beneficiary or heir.

The summary process is also appropriate when the person has been dead for at least two years. This situation happens more than you might think, as some people (usually adult children) continue to live in the house or condo after a parent dies, or move in after a parent dies, and don't settle the estate. Then, years later, when the adult child wants to sell the property, he has to settle the estate to do so.

Frequently, family members choose to sell the real property of the estate as soon as possible. Choosing a realtor who is familiar with the probate process will make the listing and sales process much easier. Especially when there is a mortgage on the property, efficiency becomes all important. Many families can't afford to pay the mortgage on an unoccupied property for long.

It is possible to sell real property during probate, however doing so usually requires an attorney and a court order. But, if the summary process is appropriate, and the family can wait the two months or so for the judge to sign the Order of Summary Administration, the real property can be transferred at that time. It is not unusual for families to begin marketing the house or condo while the documents are pending, and sometimes even accepting an offer to buy, before the probate process is complete.

The benefit to heirs or beneficiaries in being able to use the summary process are

1. no attorney is required;
2. the filing fees are lower; and
3. the process is faster. The summary process is generally complete in 6-8 weeks, while the formal process can take 1-2 years

Attorneys charge anywhere from $2,500 to $5,000 to provide assistance for a Summary Administration of Estate. Document preparers generally charge around $500. to prepare the Summary Administration documents.

The Florida Association of Legal Document Preparers, FALDP, has member document preparers who prepare documents for Summary Administration of Estate documents. Visit https://www.faldp.org/small-probate-Florida.html to learn more. Or call 800-515-0496.

12 Things To Do During the Corona Virus Pandemic

1. Follow common sense health precautions like diligent hand washing, social distancing, and unnecessary contact with others.
2. Work from home if you can.
3. Embrace your inner introvert. Enjoy a time of staying home alone or home with your family.
4. If you have children, take the time to home school them while they're school is closed. Its a good time to work with them one on one on their favorite or weakest subjects.
5. Read a book, instead of spending too much time on social media or watching the news. My suggestions in honor of these times are: “Love in the Time of Cholera” by Gabriel Garcia Marquez. And yes, it is set during a cholera epidemic in South America, but it is also a love story and a modern classic. I have read this book many times, and it is one of my all time favorites. Another book I recommend due to its timely setting is “The Decameron” by Giovanni Bocaccio, which is set during the 14^th century black plague epidemic. Its about a group of friends who go to a villa in the Italian countryside to escape the Black Death in the city. The book is the stories they tell to entertain each other during their confinement. I have not yet read The Decameron, but have ordered online. I'll let you know how I like it.
6. Go on virtual tours of the world's museums. Follow the links on this page:

Enjoy! https://www.travelandleisure.com/attractions/museums-galleries/museums-with-virtual-tours

7. Like something more physical? Clean. Cleaning can be very therapeutic and satisfying. Putting your house in order can give you a sense of control over your environment and help beat anxiety and depression. Even if you're a world class housekeeper, there's always that closet or those junk drawers or the garage that could use some organization.
8. Catch up on things you've put off. Get those taxes done; complete that online course; or work on your secret manuscript.
9. Stay in touch with others. Talk on the phone, face time, and skype are all good ways to stay “in touch” without touching. Some people need human contact as much as they need water, so don't deny yourself the sustenance. Depending on your personality, isolation from others can be easy or extremely difficult. Know yourself.
10. Home improvement or craft projects. Many people have a backlog of materials and to do lists for projects that they haven't had time to complete. Well, now's the time. You'll gain satisfaction from a completed project, and it will help pass the time in a constructive way.
11. Draw or paint. Play music. Write a book. Learn a new song. Anything creative will give you satisfaction and help avoid stress.
12. Get outside. Open up the windows. Fresh air and sunshine were heroes in battling the 1918 flue epidemic. Here's an article now circulating online: https://medium.com/@ra.hobday/coronavirus-and-the-sun-a-lesson-from-the-1918-influenza-pandemic-509151dc8065https://www.travelandleisure.com/attractions/museums-galleries/museums-with-virtual-tours

The Public Charge Rule goes into effect on February 24, 2020

Many legal document preparers prepare immigration forms for consumers. And, while, document preparers may not advise their customers about any aspect of immigration – what someone should or should not do – document preparers can certainly provide their customers with information. Even better, refer their customers to authoritative sources to find the answers they're looking for.

But, as with many subjects these days, there is way too much information for many people to absorb. I did some research about the Public Charge Rule, because I wanted to know more. And, I felt that if I were confused, then others must be as well. I asked a few of my colleagues who specialize in preparing immigration documents, and was unable to find the information I wanted. So I took to the internet and the USCIS site to see what I could find out.

My first question was whether under the Public Charge Rule, if someone who is a legal alien resident gets injured, and his health insurance does not provide adequate coverage, so the legal alien resident applies for and receives Medicaid – does that then put him at risk of deportation as a public charge?

The answer I found, (please do your own research or see an attorney if this is your scenario), is that – it depends. Yes, he may be a public charge if he receives Medicaid for 36 months. But, if its a medical condition that arose after becoming a legal resident alien, then he will probably not be subject to deportation. I can't tell whether this means after receiving his permanent resident alien status, or if this would be true while his permanent resident status is temporary.

Another question is my mind relates to the predictive nature of the public charge rule. Apparently, the factors considered are meant to predict whether an individual is likely to become a public charge in the future, and if so, the application for a green card could be denied. For example, even though someone might meet all the criteria to NOT be a public charge at some point, the applicant's age is still considered. What if, the applicant has the required income and assets, is in good health, has never received public assistance, has education or skills – but is age 61 or older. Does that mean his application could be denied? Just on age?

And, to me, the financial requirements are troublesome. The median income in Florida, for all households is around $55,000. per year. Median income means half of the population earns more, and half of the population earns less. So that means there are far more households who earn less than the median income, since over $55,000. per year increases indefinitely. According to the article excerpted below, the financial threshold has risen from 125% of the federal poverty guidelines up to 250% of those guidelines – approximately $41,000. for a household of two.

I relied heavily on an article on boundless.com – following are excerpts from that article.

What will change under the new DHS “public charge rule”?

DHS plans to dramatically expand the definition of “public charge,” so that green card and other visa applicants could be denied not for being “primarily dependent on the government for subsistence” (the current standard) but instead for being “more likely than not” to use certain public benefits at any point in the future.

It’s important to understand that the great majority of people applying for green cards are not even eligible for the very benefits that the DHS public charge rule seeks to penalize. 

Likelihood of future use of government benefits. Although the following general criteria are defined by Congress, DHS plans to greatly expand the number of specific factors that immigration officers must take into account when determining whether or not a visa applicant is likely to become a “public charge” at any point in the future.

.

The new public charge rule would apply to the vast majority of applicants for green cards (permanent residence). This includes green cards based on:

• a family relationship to a U.S. citizen or lawful permanent resident, for which over 800,000 green cards were granted in 2016 (the most recent year for which DHS has published data)
• sponsorship by a U.S. employer (140,000 green cards granted per year)
  

Exemptions

The public charge rule will not apply to visa applicants whom Congress has exempted from the public charge test, such as refugees, asylees, individuals who have experienced domestic violence, and other special categories.

Given that the new public charge rule creates an entirely new income requirement for visa applicants (not just their sponsors) and would set this household income threshold as high as 250% of the Federal Poverty Guidelines, the following possible impacts have been estimated:

What about permanent residents seeking U.S. citizenship?

Changes to the definition of “public charge” could ultimately expand the ability of DHS to deport some immigrants who already have green cards (“lawful permanent residents”).

Congress states that a permanent resident can only be deported on public-charge grounds within the first five years of obtaining their green card — and only if they became a public charge based on circumstances that existed before they obtained their green card. (For example, a healthy person who obtains a green card, gets in an accident, and then needs government assistance would not be deportable on public-charge grounds.)

In practice, given the constraints set by Congress and court precedents, plus the fact that recent green card holders are typically ineligible for welfare, very few green card holders have been deported on public-charge grounds.

By expanding the definition of “public charge,” however, the administration could create new uncertainty for millions of immigrants.

U.S. law allows for the deportation of immigrants who have become “public charges” within five years of admission if their reason for seeking help preceded their entry to the United States - for example, if they had a chronic health condition that was not disclosed.

Florida Bar's Advanced Registered Paralegal Program

In December the Florida Bar News published an article about proposed rules under consideration - "Access Commission Looks at Several Legal Access Initiatives".  Among those initiatives is a proposal for the creation of a new tier of paralegals - an Advanced Registered Paralegal. Regarding that initiative, the linked Florida Bar News article states:

ADVANCED FLORIDA REGISTERED PARALEGALS

The commission’s Referral and Assistance Committee voted favorably and forwarded its proposal to create the “Advanced Florida Registered Paralegal” designation as part of the Florida Registered Paralegal Program created by Chapter 20 of the Rules Regulating The Florida Bar to the commission’s Executive Committee for review. The Executive Committee chair forwarded the proposal informally to the Bar Board of Governors for input. The proposal is on the Bar Board of Governors January 31 agenda.

Advanced paralegals would have extra education and work experience requirements than is currently required for Florida Registered Paralegal status. Advanced paralegals would have to be aware of “lawyer’s protocols” in performing authorized services, and the proposed rule would allow those paralegals to engage in the limited practice of law under a lawyer’s supervision in “family law, landlord tenant law, guardianship law, wills, advance directives, or debt collection defense.”

The rule also sets out a licensing and disciplinary process, and provides that duties may not require “independent professional legal judgment” and that the Advanced Florida Registered Paralegals must be supervised by a lawyer who “maintains a direct relationship with the client and maintains control of all client matters.”

The following is an excerpt from the proposed of Florida's Advanced Florida Registered Paralegal initiative.

RULE 20-6.3 ADVANCED FLORIDA REGISTERED PARALEGAL

(a) An Advanced Florida Registered Paralegal may perform the following services when

assisting a limited representation client in matter involving an authorized area of law:

Selection, Completion, and Filing Forms.

1. An Advanced Florida Registered Paralegal may assist a limited representation client in selecting a form and assist a limited representation client in completing, filing and serving the form. This includes conducting intake to obtain relevant information from a limited representation client. The form must include the name, law firm, address and telephone number of the Advanced Florida Registered Paralegal who assisted in preparing the form. If other documents are necessary to the matter and ancillary to the form, an Advanced Florida Registered Paralegal may assist a limited representation client in obtaining, preparing, gathering, and organizing those documents, as well as filing and serving those documents.

2. Providing Information. When assisting a limited representation client with selecting

and completing a form an Advanced Florida Registered Paralegal may:

(A) give general information about how to complete the form;

(B) explain the form and supporting documents and provide information on how

to gather or find the documents;

(C) give general information about the anticipated course of the proceedings and

legal process, deadlines, documents that must be filed, and the applicable procedure for filing

and service;

(D) explain the other party’s documents;

(E) advise a limited representation client as to other documents that may be

necessary to the limited represented client’s case, and explain how such additional documents or pleadings may affect the limited represented client’s case;

(F) obtain relevant facts, and explain the relevancy of such information to a

limited representation client;

(G) explain how a court order affects a limited representation client’s rights and

obligations;

and

(H) provide general information about legal rights, procedures or legal options.

(b) Mandatory Disclosures. When an Advanced Florida Registered Paralegal provides

any of the services set forth in subdivision (a) of this rule, a limited representation client must

give informed consent to the provision of legal services by the Advanced Florida Registered

Paralegal in a written agreement that discloses the limited scope of services the Advanced

Florida Registered Paralegal may provide and meets any other requirement of rule 4-1.2(c). The agreement must be signed by the limited representation client, the Advanced Florida Registered Paralegal, and the supervising or employing lawyer. If the Advanced Florida Registered Paralegal knows or reasonably should know that a limited representation client requires services outside of those permitted by this rule, the Advanced Florida Registered Paralegal must advise the limited representation client to seek legal advice from a lawyer and may refer the limited representation client to the Advanced Florida Registered Paralegal’s supervising or employing lawyer.

       

(c) Prohibited Activities. When providing services pursuant to this rule, Advanced Florida Registered Paralegals may not hold themselves out as representing, speaking for, or advocating on behalf of a limited representation client and may not represent a limited representation client in court, in depositions, or in appeals. This prohibition includes addressing the court or judge as the representative of a limited representation client or on behalf of a limited representation client.
                                           
                                                                                                             

(d)Advertising. Advanced Florida Registered Paralegals may not independently advertise their services. A lawyer may advertise the availability of the Advanced Florida

Registered Paralegal and the services the Advanced Florida Registered Paralegal may provide in compliance with all rules regulating information about a lawyer’s services in subchapter 4-7.

(e) Limitation of Practice Areas. An Advanced Florida Registered Paralegal may only provide the services set forth in subdivision (a) of this rule in an authorized area of law. If a limited representation client has a legal issue outside of an authorized area of law, the Advanced Florida Registered Paralegal may not provide the services. However, nothing in this rule prevents an Advanced Florida Registered Paralegal from providing the services a Florida

Registered Paralegal may provide.

(f) Responsibilities of Employing or Supervising Lawyer. The employing or

supervising lawyer for an Advanced Florida Registered Paralegal remains professionally

responsible for all services provided on behalf of a limited representation client and assumes full professional responsibility for the work product, including any actions taken or not taken by the Advanced Florida Registered Paralegal in connection with the services. The services performed by the Advanced Florida Registered Paralegal supplement, merge with, and become the lawyer's work product.

COMMENT

Studies have shown that there is an unmet need in Florida for access to civil justice.

Litigants often cannot afford to hire a lawyer or do not know that their legal issue requires a lawyer. This rule addresses the access issue by authorizing Advanced Florida Registered Paralegals to provide services to a limited representation client while providing protection to the public through the Advanced Florida Registered Paralegal’s and lawyer’s ethical responsibilities.

This rule sets forth the services a Florida Registered Paralegal may provide and the

services an Advanced Florida Registered Paralegal may provide. A Florida Registered Paralegal

may provide services that do not require the exercise of independent professional judgment,

require direct oversight by the lawyer, and are performed for a client of the lawyer. In contrast,

in addition to the services that may be performed by a Florida Registered Paralegal, an Advanced Florida Registered Paralegal may also provide services that involve the limited exercise of independent professional judgment, do not require lawyer oversight, and are performed for a client who is provided limited representation. These services are not open-ended but are limited to the services set forth in this rule.

The Code of Ethics and Responsibility in this chapter and the Rules of Professional

Conduct set forth elsewhere in these rules apply and provide a level of protection that would not be present if the services were provided outside of the direction and supervision of a lawyer. The lawyer remains responsible for the Advanced Florida Registered Paralegal at all times and must make reasonable efforts to ensure that the Advanced Florida Registered Paralegal’s conduct is compatible with the professional obligations of the lawyer.

A level of protection is also provided by limiting the services to assistance with Supreme

Court Approved Forms and forms that have been prepared or are customarily used by the

Advanced Florida Registered Paralegal’s employing or supervising lawyer in the ordinary course of the lawyer’s practice. The services are also limited to certain authorized areas of law where limited representation is common and assistance is needed.

Protection is also provided by requiring the Advanced Florida Registered Paralegal to

disclose their status and scope of services in writing. The limited representation client will be

fully informed about the limitations at the beginning of the matter and can choose to hire the

lawyer instead. If it becomes apparent during the matter that a lawyer’s services are needed, the

Advanced Florida Registered Paralegal is required to advise the limited representation client to

seek the services of a lawyer.

This rule is silent on the fees the law firm may charge for the Advanced Florida

Registered Paralegal’s services. As noted in the purpose of this chapter, the rules do not create or change any legal requirements regarding charging or awarding fees for services performed by a nonlawyer. While the fees charged should be based on the Advanced Florida Registered Paralegal’s experience and services, they should not be the same as or exceed the fees charged by the lawyer--as that would do little to increase access to civil justice. Improper fee splitting is not implicated as the limited representation client is hiring an employee of a lawyer and fees would go to the lawyer with the Advanced Florida Registered Paralegal being compensated accordingly.

A client may choose full representation by a lawyer. As with any other representation,

the lawyer may delegate tasks to the Advanced Florida Registered Paralegal that are properly delegable, while maintaining responsibility for the representation. In that circumstance, although the Advanced Florida Registered Paralegal holds the title of Advanced Florida Registered Paralegal, the Advanced Florida Registered Paralegal is acting as any other paralegal in performing the delegated tasks.

Nothing in this chapter prevents an Advanced Florida Registered Paralegal from

providing services a Florida Registered Paralegal may provide. In other words, if the employing or supervising lawyer assigns a task that is outside the scope of the services set forth in subsection 20-6.3, but which may be performed by a Florida Registered Paralegal, the Advanced Florida Registered Paralegal may perform the services and provide the assistance to the lawyer.

RULE 20-7.2 ADVANCED FLORIDA REGISTERED PARALEGAL

An Advanced Florida Registered Paralegal must meet the continuing education

requirement for a Florida Registered Paralegal. At least 11 hours of the 33 hour minimum

requirement must include courses in an authorized area of law, litigation, or general civil law.

The courses in an authorized area of law, litigation, or general civil law must be courses

approved by The Florida Bar.

(e) Performance of Services. A Florida Registered Paralegal must act prudently in

determining the extent to which a client may be assisted without the presence of an attorney. A Florida Registered Paralegal may perform services for an attorney in the representation of a client, provided:

(1) the services performed by the paralegal do not require the exercise of independent

professional legal judgment;

(2) the attorney is responsible for the client, maintains a direct relationship with the

client, and maintains control of all client matters;

(3) the attorney supervises the paralegal;

(4) the attorney remains professionally responsible for all work on behalf of the client

and assumes full professional responsibility for the work product, including any actions taken or not taken by the paralegal in connection therewith; and

(5) the services performed supplement, merge with, and become the attorney's work

product.

20-2. DEFINITIONS

RULE 20-2.1 GENERALLY 

(l) Direction and supervision. Direction and supervision of:

(1) A paralegal or Florida Registered Paralegal means that the employing or supervising

lawyer directly supervises the work product of the paralegal or Florida Registered Paralegal.

(2) An Advanced Florida Registered Paralegal means that the employing or supervising

lawyer:

(A) ensures that the Advanced Florida Registered Paralegal is aware of the lawyer’s protocols for the performance of services authorized by rule 20-6.3; and

(B) provides guidance to the Advanced Florida Registered Paralegal relating to

the performance of services authorized by rule 20-6.3 upon request by the Advanced

Florida Registered Paralegal.

(o) Authorized Area of Law. An authorized area of law for an Advanced Florida

Registered Paralegal is family law, landlord tenant law, guardianship law, wills, advance

directives, or debt collection defense.

My questions and concerns:

Does this help or hinder consumers' access to justice?

Is this initiative even necessary?

Why did they single out those practice areas? [family law, landlord tenant law, guardianship law, wills, advance directives, or debt collection defense]. Why not all or nothing?

As always I appreciate your comments and insights.

Marketing & Sales, a symbiotic relationship

Marketing and sales are a pair of complex beasts, like ostriches and zebras. These wild animals enjoy a true symbiotic relationship – just like marketing and sales. Although each could survive on its own, they are both more powerful and safer together. Neither zebras nor ostriches are fast runners, at least not fast enough to avoid common predators, so they must always be on the alert for danger. Zebras have great eye sight, ostriches have a keen sense of smell, so they group together for mutual protection.

Sales and marketing can occur without the other, but survival is tenuous. There are few things more frustrating than to put time and effort into bringing your service to market, but not being able to make sales. A sale can happen out of the blue, but without knowing how to do it again, you're left happily scratching your head.

Never, never, never, underestimate the importance of the famous cliché – SELL BENEFITS NOT FEATURES. If you don't know what in the world that means, and you're in business – find out.

Here are a few things I discovered about marketing to men or women:

Are you marketing to women? Here are some psychological triggers or WHY a woman would buy from you, that you can use in your marketing to increase conversions:

• To belong or be relevant
• To be right or not wrong
• To fulfill one of the four basic needs: Relationship, wealth, happiness, spirituality
• To have security
• For memories or loyalty

If you want to make advertise to men in their 50’s, what emotional marketing strategies would you use?

If you said “scare them senseless,” you would be right. Marketing to men in their 50’s is best done by frightening them, because they feel so responsible for their families.

How about marketing to men in their 20/30’s?

You would use the emotional branding strategy of shaming them into buying your product. Peer-pressure is very strong with this group, and that can be used to really make your brand more than just a service or product.

As you can see, emotional branding can be used in just about every situation where you are marketing to men or women, so get out there and figure out what motivates your customers. But remember, if you’re not solving a problem or showing your audience “what’s in it for them” then you’re losing their interest straight away.

New laws 2020

Some new laws went into effect on January 1, 2020. It pays to stay abreast of these legal changes, as some may directly affect you.

• Officers started issuing tickets for the texting and driving law. This law went into effect July 1, but law enforcement had been using the first six months to issue warnings to drivers. The new law makes texting and driving a primary offense, which means you can now get pulled over for it.
• The minimum wage went up 10-cents starting January 1, 2020 in Florida. That means workers will make at least $8.56 an hour which is above the national minimum wage. The wage for servers and tipped based professionals will also increase by 10 cents, from $5.46 to $5.56. 
• For the first time, Floridians can execute wills online, and notaries can affix their seals and signatures to legal documents signed out of their presence, if they witness the signature via live, two-way video links. Third-party witnesses needed for wills and other documents may also appear remotely.
• County court jurisdictional thresholds increased to $30,000 on January 1, 2020, and to $50,000 on January 1, 2023.
• Small claims cases on January 1, 2020, will include cases up to $8,000
• Filers will be required to include a civil cover sheet specifying the dollar amount in dispute in cases exceeding $8,000 in value.
• Have your own business and been looking to have a store front? It's not much but taxes for a commercial leases dropped from 5.7% to 5.5% starting January 1.