FALDP Turn Key Business Bundle - Annual Conference Special Offer

The Florida Association of Legal Document Preparers (FALDP) is offering a special offer along with the Turn Key Business Bundle. Purchase of a Turn Key Bundle also includes the $95 conference fee.

We offer our Turn Key Business Bundles to motivated applicants who possess the qualities that will promote success. Drive, ambition, empathy, persistence, honesty, and attention to detail; combined with integrity, and a true moral compass. Ultimately, the key to your future is in your hands. We do our best to promote the success of our Turn Key Owners, but can make no guarantees. Are you up to the challenge?

Our Turn Key Business Bundle has helped many document preparers successfully launch their business. The Bundle includes courses, FALDP membership, a custom website and more. 

Learn more about our association, more about our conference, and more about FALDP membership. Call 800-515-0496 with any questions ... or just to say hi.

What IS Medicaid Planning? Part I

If you're confused, you're not alone. Most of us know that Medicaid is a federal health insurance program for low income people. Ok. But how are you supposed to plan to have Medicaid? Or worse, does Medicaid Planning mean planning to be low income? The short and confusing answer is – yes and no.

First, let me make clear that I am not any sort of attorney, let alone an Elder Law Attorney. Yet, I think I have knowledge and insight into all of this from my personal experiences with my mother. My mother was on Medicaid the last two and a half years of her life, and if she had not qualified for Medicaid her last years would have been much different. Without Medicaid she literally could not have been able to afford to live in an Assisted Living Facility. Mom had no assets. She had sold her house years before, did not own a car, had no investments – she only owned her furniture and personal items. Some of this was likely purposeful on her part. She had rented a condo from me at least 10 years earlier and when I asked her if I could add her name to the deed so that she could homestead the property, she refused. She said no, that in case she had to go in a nursing home, she didn't want them to be able to take the property. That's really not the rule. She was wrong on that. But, I know now how she was thinking and probably why she didn't own a house or condo anymore.

I am a Florida legal document preparer and strictly forbidden by the Florida Supreme Court and the Florida Bar to assist anyone with Medicaid Planning. However, I think, and hope, the right to free speech, First Amendment to the U.S. Constitution is still in place and on my side in trying to explain how Medicaid Planning works. This article only speaks about Medicaid Planning in Florida. Because, although Medicaid is a federal program each state has different rules as to how they administer the program.

This is Part I of a series, and first I'll explain my mother's financial situation and why she qualified to begin with. Mom was 96 years old when she applied (rather we applied for her), she was in relatively good health, and her only income was her social security income. She received around $1800. per month in social security.

For a time, she actually could and did manage financially to live in an apartment on her social security income alone. But with age she became forgetful. When we found out that Mom wasn't paying her utility bills on time, my sister asked Mom to sign a Power of Attorney and took charge of her finances. Looking to Mom's future needs, my sister and I started looking around for an Assisted Living Facility. Mom had glaucoma for many years which was controlled by using daily eye drops. She could see, but as she grew older her eyesight diminished. When she couldn't safely cook her own meals anymore, she came to live with my husband and me.

Having Mom in our house was difficult. I was happy to be able to help, and thankful that she didn't need any personal care. But, I cooked, cleaned, washed her clothes, took her to her doctors, and set up social activities for her. The social thing was the hardest for my mom, she liked being around people. I think she found my husband and I boring. Our company wasn't enough to entertain her. I was exhausted.

I was aware that Mom was entitled through her Medicaid to receive 10 hours per week of home health care. I called an agency, but they never returned my call so I just kept doing what I was doing. By now Mom had a caseworker through her Medicaid and besides knowing that Mom was entitled to home health care, I learned that she was also entitled to long term care because of her Medicaid.

So we looked around for an Assisted Living Facility that was affordable and that fit her criteria. She requested that the facility be at the beach and that she have a private room. We found one that fit the bill. If she were to self pay the cost would have been around $2400 per month -- $800. more than her monthly income. But, since she had Medicaid long term care through United Health Care, Medicaid picked up the difference. The various facilities that accept Medicaid have contracts set up with the long term care insurance providers and subsidize the costs. About a year later, when I noticed that the ALF was going downhill we moved her to a different one. The second one was slightly more expensive. Self pay would have been $3000. per month. But the difference in the self pay cost made no difference in my mother's finances. She handed over her $1800. and she received the same services as if she had paid entirely out of pocket.

My mother was able to live in an Assisted Living Facility with absolutely no out of pocket expenses. By law, she was entitled to keep $54 per month of her social security income for incidental expenses, like haircuts, and snacks. The amount sounds excessively paltry until you consider that she didn't have anything to spend her money on anyway. She was happy and comfortable with activities to engage in, and a staff to help her. The medical staff at the ALF gave her eye drops twice a day as prescribed, and gave her other pills or medications as needed. The structured environment suited her as the meals were at a set time everyday and she had menu choices. The few times that she was late for a meal, someone would knock on her door to make sure she was alright. I was close enough to the facility so that I could visit as often as I liked, and tried to go see her at least a couple of times per week. And, most importantly to her, there was always someone around to talk to.

As of October 2018, the income cap to receive Medicaid was $2250. For a single person, the asset ceiling is $2000. In my mother's scenario she automatically qualified because her circumstances neatly fit the criteria, but what about people whose income is too high, or have assets valued at more? And what about married couples?.

In parts II, III, and maybe IV, I'll try to explain these other scenarios. Both my sister and I are college educated, but finding the information, keeping up with the paperwork, and understanding the options was still daunting. Whether you're reading this for yourself, or for mom, dad, grandma, or grandpa – educate yourself as much as possible. You may ultimately need to see an elder law attorney, but having the information in advance, may save you time and money in the long run.

5 Reasons Consumers Love Legal Document Preparers

1. Cost. Document preparation services are not the same as attorney services, nor are they meant to be. Document preparation fees are much lower than attorneys' fees, because legal document preparers do not offer legal advice, and do not provide representation. Document preparation fees for things like divorce, bankruptcy, and small probate can be as little as 10% of what consumers would expect to pay an attorney to prepare these same documents.
2. Control. Consumers always remain in control of their legal action. It is up to the consumer, the pro se litigant, to educate himself about the issues and to construct his own strategy. Having control of the case strategy allows the self-represented litigant to be more agile in making compromises, and by being in control may be able to avoid long drawn out litigation.
3. Communication. Legal document preparers are generally superb communicators and are happy to keep their customers informed about their work. Many document preparers teach their customers how to check their case docket, deal with the court clerk, and efile their documents.
4. Court procedure. Many legal document preparers are former paralegals with years of experience working for law firms. Florida court procedure is confusing, but most document preparers are well aware of the minutiae of timelines, formats, and court rules.
5. Access. The pro se litigant is a customer to the legal document preparer – a valued customer. The level of customer serviced offered by legal document preparers includes easy access to the document preparer. Most document preparers operate solo or have a very small staff, so the customer almost always communicates with the same person preparing his documents.

Florida Parenting Course - a mandatory requirement.

Divorcing parents and separating couples with children involved in a Paternity Action are required to take the Parental Education and Family Stabilization Course, commonly referred to as the Parenting Course. In 1999 the Florida Legislature enacted new laws that made the course mandatory throughout Florida and set guidelines for the course. Over the years, the rules and guidelines have changed slightly, and the requirement has become more and more vigorously enforced.

Parties have always been encouraged to take the course as early in their court process as possible as the course includes information about how parents can help their children deal with the stress of divorce and separation. Now, some circuits will not schedule a court hearing regarding the divorce or paternity until both parties have fulfilled the course requirement.

A Notice for Florida's Seventh Circuit states:

“Pursuant to Administrative Order FM-2013-016-SC mandatory attendance at a parent education and family stabilization course is established as a policy in the Seventh Judicial Circuit for all parties in dissolution of marriage proceedings with minor children, paternity actions, family law cases involving issues of shared parental responsibilities or timesharing of minor children unless parties have previously completed a parenting education course and have filed a Certificate of Completion.

It is the responsibility of the Petitioner to provide the Respondent with a copy of these instructions and the list of providers. For dissolutions and family law cases involving issues of shared parental responsibilities, or timesharing of minor children, the petitioner shall complete the chosen program within forty-five (45) days after filing the petition. The respondent shall complete the chosen program within forty-five (45) days after service of the petition.

For paternity actions, the petitioner shall complete the chosen program within forty-five (45) days after filing the petition. The respondent shall complete the chosen program within forty-five (45) days after an acknowledgment of paternity by that party, an adjudication of paternity as to that party, or an order granting visitation to or support from that party. Each party who successfully completes the program shall file a Certificate of Completion with the Clerk of the Court, who shall file said Certificate in the appropriate case file.”

Each circuit may have slightly different rules and timelines. But, in general the courses and requirements are uniform throughout Florida's counties and circuits. The general course content is set by the Department of Children and Families, and each course must be approved by them. The person taking the course must spend at least four hours on the course, whether in a classroom or online. And each person must pass the course with a test score of at least 70%. Prices vary from course provider to course provider, averaging around $39.00, and there is almost always a discounted price for indigent/ low income people.

The information in the course is valuable for divorcing and separating parents. Navigating life after a break up is never easy, and preparing yourself for life after a break up is the best thing you can do for your children. Remember marriages and relationships end … but families don't.

Please sign our petition!

Dear Customers and Friends:

I need your help. The organization I belong to, the Florida Association of Legal Document Preparers, is working to convince the Florida Bar to remove the shackles placed on our profession. I only just recently learned I can ask folks other than just our membership to help us get this goal reached. Here are the points involved in this battle (and it is a battle), to cause the Bar do the following:
1. Investigate Unauthorized Practice of Law when there is consumer harm. Not when there is "potential" harm.

2. If the Florida Bar demands that we follow their rules, make those rules clear, and set out in a fashion in which document preparers can easily find and refer to the rules.

3. Lighten up on the investigation of document preparers altogether. We feel we are being bullied and harassed by an entity that does not supervise us. The Florida Bar is authorized to investigate UPL but putting document preparers out of business is counterproductive all around.

4. Give us some recognition for what we do. We are part of the solution to the ongoing justice gap. Until consumers are being served fully, there is no need for us to be perceived as a threat to lawyers.

I’m asking you in all sincerity to please, follow the link below, and vote for our freedom to help those who can’t help themselves in these issues.

Here are some comments which have been left by others who have joined to support our cause:

"Attorneys are very expensive and there are many things that can be handled by an individual if they have the right forms."
"Many people need help in the courts and cannot afford a huge retainer fee just to get any kind of justice."
"Stop beating on the little people in the business

To each of you who I have helped type up legal paperwork, I’ve explained how, even if we have a college degree in Paralegal Studies, unless we work directly for an attorney, we aren’t allowed to call ourselves by that title. With no written guidelines, we are expected to know what we can and cannot say to a customer to avoid Unauthorized Practice of Law. Many unsuspecting paralegals in this situation have put themselves in the path of losing their right to help folks by calling themselves that title. People can by law,  get help from us to get their legal forms filled out, with the same accuracy and at a much lower cost than if they had to hire an attorney. This not only is wrong for the document prep folks, it hinders everyday people from saving money. The link I’m providing in this letter leads to a Petition our Petition.  You can truly be of help to right a wrong.

Here is the link to the petition: https://www.change.org/p/the-florida-bar-allow-nonlawyer-legal-document-preparers-to-continue-to-help-consumers-without-interference

Every signature counts. We now have over 400 signatures. Need 500.

Thank you so very much for your support!

Ruth Tick and the FALDP Team.

If a machine can do it - its NOT UPL.

The U.S. Appellate Case for the Second Federal District, Lola v. Skadden, Arps, Slate, Meagher & Flom, No. 14-3845 (2d Cir. 2015) interests me for reasons other than its stance on labor laws. I'm interested in the part about, if a machine can do it, then its not UPL.

David Lola who brought the case along with others who were in the same position, while working for a legal temporary employment agency reviewing documents. For this he was paid $25. per hour. His job was to go through the documents and search for certain words and phrases; categorize the documents; and mark other words and phrases to be redacted. (It sounds mind numbing). His place of employment was at a law firm in North Carolina [Skadden, et al].

Lola worked more than forty hours per week, but wasn't paid time and half for hours over forty. His employers' position was that he was not entitled to overtime pay because he was a professional and an attorney. They cited exemptions in the labor laws for overtime pay for professionals and attorneys. Lola argued that the work he was doing was not practicing law, because the work required absolutely no legal judgment.

He eventually won his case. The opinion included some interesting language.

“The gravamen of Lola’s complaint is that he performed document review under such tight constraints that he exercised no legal judgment whatsoever—he alleges that he used criteria developed by others to simply sort documents into different categories. Accepting those allegations as true, as we must on a motion to dismiss, we find that Lola adequately alleged in his complaint that he failed to exercise any legal judgment in performing his duties for Defendants. A fair reading of the complaint in the light most favorable to Lola is that he provided services that a machine could have provided. The parties themselves agreed at oral argument that an individual who, in the course of reviewing discovery documents, undertakes tasks that could otherwise be performed entirely by a machine cannot be said to engage in the practice of law.”

The reason I find this so interesting is that document preparers are frequently investigated for the unauthorized practice of law (UPL). And if the law of the land is that if it could be automated then its not practicing law, we could use that argument in almost every investigation against one of us. Its not exactly the law of the land, it is the law in the Second Federal District, but still persuasive.

Document preparers prepare documents. We don't provide legal advice or legal judgment. Certainly a lot of what we do could be done by artificial intelligence (AI), aka machines, aka computer software. Our activities may not be commonly done by AI but they could. A computer could automatically format documents, intake information, ask questions, and so on. A computer program can certainly know when to ask additional questions and use if/then logic.

So … since a computer could certainly do what I do in preparing documents, then that must mean that nothing I do can be considered the unauthorized practice of law. Right?

On White Privilege

I've been conducting my own social experiment on social media. I came across an article on my Facebook feed about a man, John Placek, in Pennsylvania that posted a billboard that sparked some racial controversy.

The message on the billboard dissolves from the statement: “whites have rights” to a message about Jussie Smollett -- the actor involved in the hoax attack in Chicago. Regarding the billboard Placek (who is white) stated: “We gotta get people talking. We gotta get them excited. And that’s what I’ve done. The board was never meant to hurt anybody. I would never do that. I’m a patriot. I’m an American. Period,”

Placek also stated: “Racism is misunderstood in America and I want to have the conversation," he said. “We need to get over: I’m black. You’re white. You’re Hispanic. Who cares? I don’t care about that. I do care about how you act and how you stand for my flag, our flag.”

I agree with some of what he says, but do not believe he simply wants to start a dialogue. I believe he is racist and wants to tell the world that he is. I also take exception to his statements about patriotism. There is nothing more patriotic than dissent. As for Jussie Smollett, who by all accounts staged a racist attack on himself - he couldn't have come up with a more idiotic thing to do.

But, here's where it gets interesting. I posted the following:

“I think the conversation needs to be about privilege, not rights. In theory, we all have equal rights. But, in practice white privilege is alive and well. Choose whatever metric makes you happy ... economic, incarceration rates, education levels, or whatever. Whites are at the top of the spectrum, not by anything white people have done, but just because they're white. That's called privilege. The billboard is blatantly racist. He's calling out people to argue with him. Saying, poor me, I'm white and nobody fights for my rights. Well, that's because white people enjoy white privilege at every turn. He can say what he wants in his billboard and then own up to the consequences. Free speech.”

For that, I received an interesting set of responses:

“the term “ white privilege “ is racist in its self . What’s it called when. Once group says another group you have no rights to talk about racism ? Oh yes , bigoted and racist”

“your post is blatantly racist. Had the board said any other race you wouldn’t of said anything. Everyone has rights. Just because you’re salty about your lack of success doesn’t make it anyone else’s fault. You have no idea how anyone else grew up.”

“you’re isolating a group based on the color of their skin”

“White privilege has been debunked many times.”

“Everything you named has more to do with personal choices than any type of privilege. People have to take responsibility for their own choices instead of blaming another person's "privilege." One person's success doesn't take away from another person's success. If you don't want to be incarcerated then don't commit crimes. If you want an education then work hard and pay for it. Not to mention, there are many trade skills and manual labor jobs that don't require you to pay anything to learn it. The schooling is essentially free for many trade skills. Which is a field dominated by white males because white males are the ones willing to do the job. Everyone in this country has equal opportunity. Not everyone has equal outcome due to their own personal choices. That has nothing to do with race or privilege. “

I suppose the respondents assume I'm not white. I am white. I recognize my white privilege and am thankful for it. Privilege is like having a head start in a foot race. If all run at the same speed, the runners with the head start always win. Runners without the head start can win, but to do so, they have to train harder and run faster just to level the playing field. Just to try to make things fair. But the race set up like this can never be fair because the runners without the head start had to train harder and run faster to even have a chance of winning.

In this article, I'm not going to cite statistics to support my claim that white privilege is alive and well in the United States. I believe we need a dialogue. I welcome comments. Because if we are complacent about racism, we are no better than the German people who during WWII stood by as the Nazis murdered innocent people.

Links to news story and video:

Video