Legal Counsel for the Elderly: Pro Bono Opportunities

Case #1a: Pro Bono Wills & Powers of Attorney

Please agree to handle an elderly, low-income senior’s pro bono will and powers of attorney for health care and finance. LCE will provide you sample forms and a comprehensive client interview sheet, as well as step-by-step instructions for supervising the execution of a will and advance directives for clients who are capable of visiting your offices. We have a very large waiting list at this time. Please help.

Case #1b: Pro Bono Wills & Powers of Attorney for Homebound Seniors

Our home visit attorney is seeking DC licensed lawyers who may be interested in preparing pro bono wills and powers of attorney for homebound, frail seniors in the District of Columbia. Please let us know if you are interested in helping her.

Case #9: Elderly Senior in Subsidized Housing Needs Help with Insurmountable Consumer Debt: Potential Litigation

This senior owes approximately $10,000 in credit card debt, which she has accumulated since the 1960s. She lives in subsidized housing, has a very low income and receives food stamps. She has several credit cards with exorbitant interest rates. Her highest debt per card is $1,000. She purchased items to meet her basic needs. For years, she diligently made small payments on each card. Her situation changed in September 2011, when her disabled daughter moved out of her home and stopped contributing to her monthly expenses. Without her daughter's contributions, this client had to stop paying her credit card accounts. Before visiting LCE, the client informed her creditors that she could no longer pay them. She is completely judgment proof. She has no legally attachable assets. Unfortunately, many of the creditors have been making harassing telephone calls to her. She visited LCE for help. Our staff attorney sent "cease and desist" letters to each of the creditors, directing them to write off the debt, stop the harassment and advising them of her judgment-proof status. LCE seeks a pro bono attorney to manage any follow-up contacts and/or negotiations with any creditor who does not write off the debt and to be ready in the event that one of them should file a collection action against this senior. Before visiting LCE, the client permitted three affiliated creditors to withdraw $60 per month from her bank account. We have written to these creditors to withdraw consent. If they should pursue these withdraws, despite the notice of cancellation, the pro bono attorney would need to take action to ensure that they desist. Please agree to help. There are no deadlines.

Case #11: Excellent Litigation Opportunity in U.S. District Court: Agree to Represent Senior Victim of Predatory Lending Scam in Ongoing Litigation

This low-income senior was fraudulently induced into executing an adjustable rate mortgage loan with unconscionable terms. She obviously was not qualified for this mortgage due to her paltry financial means. The lender failed to provide a substantial benefit to the client and violated the federal Truth-in-Lending Act by neglecting to provide copies of the loan papers to the client. As the lender apparently anticipated, the unsuspecting senior lost her home equity, as well as her life savings. When she visited LCE, she was at risk of foreclosure. This victimized senior wishes to remain in her cherished home, which has been in her family since 1963. She likely would be willing to settle if she could obtain a fair loan modification with a significant reduction of principal and affordable monthly payments. Alternatively, she may consider a settlement in which the lender would accept the sum she could secure through a reverse mortgage in full satisfaction of the mortgage. The case is before the United States District Court for the District of Columbia, with the opposing party’s pending Motion to Dismiss on preemption grounds. The client seeks actual damages, treble damages, attorney’s fees, reasonable costs, equitable relief, a declaratory judgment to rescind the mortgage and an equitable modification of her “right to tender.” Please agree to represent this client. Legal Counsel for the Elderly has a well-developed file. LCE is seeking an experienced litigation team with solid resources.

Case #14: Pro Bono Tax Matter (no immediate deadlines)

This low-income senior received a secured debt collection letter from a national bank for an alleged $5,000 debt that did not belong to him. The client had no idea why he was contacted about this debt. After an LCE attorney wrote a letter disputing the debt, the bank agreed to "cease and desist" all collection attempts. The bank indicated, though, that the client still was liable for the debt and if a creditor agreed to cease collection attempts after a period of nonpayment, they must issue a 1099-C. The client is concerned that the IRS and/or the D.C. government will send him a huge tax bill soon. Although the client may be able to dispute the 1099 by using form 982, it might be appropriate to argue that the 1099 should not be issued in the first place. The client seeks help from a tax attorney to resolve this issue.