David Santamaria Vosburg of Lakeland, Florida seems to find nothing unusual in having adoptive parents he calls “Dad” and “Daddy.”

Randy Vosburg and Nick Santamaria are the first same-sex couple in Polk County to adopt a child from Florida’s foster-care system.  Their adoption of David became official Nov. 18th, National Adoption Day.

For years, Florida law barred same-sex couples from adopting children in state custody, but that changed in September, 2010, when an appeals court ruled the law unconstitutional and then-Gov. Charlie Crist decided not to challenge the ruling.

Vosburg and Santamaria were legally married Nov. 12, 2010, in Washington, D.C.  Even before the wedding ceremony, they discussed their hopes of having a family.

They checked with private adoption agencies but were discouraged by the cost. In addition, many private agencies have religious orientations and won’t consider same-sex couples as parents, said Emily Hecht-McGowan, director of public policy for the Family Equality Council, which advocates same-sex marriage and adoptions. Vosburg and Santamaria considered moving to a state with more favorable policies, but Vosburg has strong ties to Lakeland and the couple live in Vosburg’s childhood home.

Thankfully, Randy and Nick were able to stay in Florida and make a home for David.  The Florida courts and Govenor Crist made it all legal.

If you have any questions about same-sex adoption, please contact the Law Office of Debra G. Simms.

Debra G. Simms
 I know from my law practice that people facing bankrutpcy are often suffering with anxiety, depression and maybe even domestic abuse, all brought on by the turmoil of this recession.  Hard working folks are looking face-to-face with the Big Bad B word, and it hurts.  It’s unthinkable.
Last November, this community was rocked by the news that a young father was killed and 4 others were shot and injured in a downtown office building.  The man charged with the crimes had recently filed bankruptcy.
Only a few months earlier, an Orlando man in bankruptcy was charged with killing his wife in their lavish home.
Orlando has the highest rate of increases in bankruptcy filings in the State’s Middle District, which covers the area from Ft. Meyers all the way to Jacksonville.
Thanks to the Orlando Bankruptcy judges, Bankruptcy filers can now be referred to the United Way’s 211 hot line, which offers 24 hour crisis counseling, as well as referrals to other free or low-cost agencies that offer food, housing, and clothing.
Debra G. Simms
I’m a dog lover.  I have 2 little doggies and if I had more time, I would have even more.  Crazy, huh?  I mean I have a busy law practice, raised 4 kids, and I like to travel.  So why on earth would I want more pets?
Research has shown that animal owners live longer and healthier lives.  Our little companions give us comfort anduconditional love.  Our furry friends are now being used to help people with a variety of health issues, including high blood pressure, depression, stress, and to stave off one of the worst demons of all- loneliness.
So that’s why I was disturbed last week to read in The Orlando Sentinel that a Leesburg veterinary clinic lost their patient, a 3 year old Labrador retriever.  That’s right, LOST the dog.  How does that happen?  Did they just open the back door of the clinic and say, go ahead Fido, take a walk???
And here’s the kicker.  What did the vet do?  Told the owner to go home and wait,  She filed a police report.  Nothing happened.
After hiring an attorney, the angry owner has filed a complaint with the Florida Department of Business and Professional Regulation.  The Board regulates professional standards for veterinarians.   And, clearly, not all vets conform to the highest standards.  In the last five years, the Department has not revoked a single license, although 8 were suspended, 86 were placed on probation, and 3 vets voluntarily gave up their licenses.  One vet was accused of kicking a dog while suspending the pup by the collar and leash to administer a sedative.
But, veterinary malpractice cases are hard to prove.  And even if you can prove negligence, in most states, including Florida, the monetary damages are based on the value of the pet.  Animal companions are classifed as personal property, just like your favorite chair.
That may change some day.  I recently attended a Florida Bar convention where an entire morning was devoted to Animal Rights Law.  Law schools are increasingly offering classes in that area.
In the meantime, ask lots of questions about your vet’s kennel safety standards and their “lost dog” procedure.  As with all things important to us in life, we must be vigilant.  And don’t forget about your pets when you draw up your will or trust.  My law practice includes pet trusts, an important, but often forgotten part of estate planning.
One of my favorite quotes is from The Little Prince, by Antoine De Saint-Exupery:
“People have forgotten this truth…But you must not forget it.  You become responsible forever for what you have tamed”.
 Call the Law Office of Debra G. Simms for your free estate planning or animal rights consultation.  Toll free: 1-877-447-4667.
Debra G. Simms

Well, here I am in sunny Southern California visiting my lawyer daughter, Kimberly Simms,  for the Labor Day weekend.  Like many mothers of today’s well-educated young women, I am so proud that she followed in my foot steps.  Well, kind of.  She makes her living advising clients how to legally grow and dispense medical marijuana.
 She also teaches at the Legal Cannabis Institute and is a board member of Southern California NORML , a group which provides education, advocacy, and fundraising with a core mission of reforming marijuana laws.
I asked my daughter to tell me what she thinks is the future of the marijuana movement.  Says, Kimberly, “It’s positive and upbeat! We are moving towards legalization and more and more states are starting to decriminalize marijuana.  Most importantly, the face of marijuana is changing.  It’s the young, the elderly, professionals, soccer moms, and even your neighbors.  Progress is slow, but we in Southern California NORML are excited to be part of the journey!”
So then I got to thinking.  Medical marijuana would definately be an interesting topic for some of my elder law clients.  The medical benefits of marijuana are well-known for many ailments.  And unlike cigarettes and alcohol, marijuana is not addictive and does not have long term toxic effects as does tobacco.  See what AARP has to say about this:http://www.aarp.org/health/conditions-treatments/info-10-2010/older_americans_increasingly_using_medical_marijuana_to_combat_nausea_pain.html
And…what about the economy?  Think of the millions of dollars of revenue that can be generated from spin-off businesses, like coffeehouses, bookstores, and tourism.  And wouldn’t there be huge savings in taxpayer dollars that are now going to the budgets of police, prosecution, and prisons to fight the fight.
So, that’s how I’m spending the holiday weekend.  Pondering all these issues that I thought were irrelevant for me – until my daughter, the lawyer, started practicing in weed.
Debra G. Simms
Did you hear about the 31 year old Ohio man who was able to get rid of $89,000 in student loan debt???
Wait a minute, I thought student loan debt was never dischargable in bankruptcy.  What happened?
This is what happened.  Federal law requires those who wish to erase student loan debt to prove that repaying it will cause “undue hardship.”  That usually involves convincing a federal judge that there is a “certainty of hopelessness” to your financial life.  In Ohio, the debtor, Doug Wallace, was able to do that.  Diabetes had rendered him legally blind and unemployed only a few years after graduating from college.
So, is that what it takes to discharge your student loans?  The certainty of hopelessness?  Yep, that’s about it. You know what Mr. Wallace said about this?  “It’s like you’re not worth much in society.”
It wasn’t always like this.  Before 1976, debtors were able to get rid of student loans in bankruptcy just a they could with credit card debt or auto loans.  But, Congress changed the laws after it was reported that some new doctors and lawyers were wiping away their student debt.  Well, ok, that seems wrong.  But, requiring utter life-long hopelessness?  Well, that seems wrong, too.
Reform may be on the way.  For the past three sessions of Congress, Senator Dick Durbin (D-Ill.) has introduced legislation to allow discharge for private loans in bankruptcy.  Durbin says the current law treats students who face financial distress the same way as delinquent taxpayers or dead-beat dads trying to discharge their child support debts.
“This harsh treatment of students in the bankruptcy system was built on the false premise that students were more likely to abuse the bankruptcy system,” said Durbin, “yet there is no evidence…to support this assumption.”
But this legislation, according to Durbin, is “going nowhere.” Banks already had lined up against it, despite the lack of progress to get even a committee vote.

Some analysts are warning that lenders might raise interest rates on private student loans “to reflect additional risk.”

But Wallace said advocates are not seeking special treatment. “We’re fighting for basic consumer protections,” he said.
Are you thinking about bankruptcy?  Are you unable to work due to a disability?  Call the Law Office of Debra G. Simms.  We offer a consultation for all bankruptcy related matters.
Toll free: 1-877-447-4667
Debra G. Simms
Alimony reform is back in Florida.  The Florida House passed a bill in January and the Senate version is coming up for a vote.  The proposals revise the factors used for awarding alimony in Florida.  Following are the highlights of the Senate version:
    • Alimony is taxable to the recipient and deductible by payor
    • Life insurance to protect the recipient of alimony only awarded in special situations
    • Bridge-the-gap and durational alimony to be terminated once the recipient is in a supportive relationship (now only the case in permanent alimony)
    • Eliminates permanent alimony in favor of “long term” alimony
    • Clarifies the existing law regarding reinstatement of alimony.  If the supportive relationship terminates, alimony cannot be reinstated.  The Court cannot reserve jurisdiction to reinstate it.
    • Sets out factors that the Court must consider when the payor spouse retires.
    • Makes this law applicable to certain existing alimony awards and provides time frames that are based on the length of the marriage.
    • Limits the Courts ability to award the divorce and then determine the issue of alimony at a later date.

The House Bill has differences.  The House Bill increases to 20 years what is considered a long term marriage up from the current 17 years.  The House version also presumes that alimony should be durational and not long term.

Stay tuned!  Your alimony award might be subject to modification under the new law.

Debra G. Simms
I am writing this as I visit my aging mother who lives across the country from me.  She can no longer travel to Florida to see me, so once or twice a year, I trek to Los Angeles to pay her a visit.  She lives alone.  She walks 2 flights of stairs to get to her apartment.  She has pulmonary disease.  She has problems walking. She has less and less strength each time I see her.  This time I was “lucky” enough to visit when she had a follow up appointment with the pulmonary specialist.  It was a long day, with many tests, and many long wallks down long halls and long waits. She usually does this alone.
The diagnosis: still the same.  Not better.  Go back on the medicine that makes you even sicker, even weaker.
Even though she still drives, still plays majong, still goes to religious services, my mother’s decline is noticeable; everyone would agree on that. But no one can say how fast her abilities will fade.
This is what I heard all week, in between the bouts of terrible coughing:  How will I pack all this stuff up when I have to move?   And this is what I saw all week: my once active mother who could not stand to stay in the house for one whole day, sit and stare at all the medications on her kitchen table, trying to remember if she took it all.
So even though it’s not yet time for her to move, even though I answer all her questions with “We’ll cross that bridge when we get to it” (this makes her laugh), I know that it’s probably time to start to plan.  I mean after all, that is what I do for a living.  But, this is MY mother.
I will preface this by first saying what I believe in my heart:  Aging parents should stay in their own home as long as they want and as long as they are safe.  And, if at all possible, they should live with a family member if that is what the parent wants.  But, of course, that option is not always feasible, and in my mother’s case, she does not want this.  She is a social person.  She does not want to sit alone all day waiting for her adult child to come home from work.
So, I’ve come to think that assisted living might be the best option for her.  Where to start?  At a loss,  I did what I usually do when I don’t know the answer.  I googled it.  And I will share what I learned.  Here, on my blog.  And in the office with my clients, when I get back home.
    • In advance, visit as many assisted living places as you can, even some that are out of the way.
      Investigate which ones are close to your preferred hospital, and to activities your parent enjoys.
      Look at their actual units, both ones that are larger than you think you’d take and those that seem smaller. You’ll be surprised at how different each unit looks in real life than on a printed floor plan.
      Meet with their Executive Director and their Directors of Nursing and of Activities. Ahead of time is the best time for expressing needs and concerns.  Eat a meal at each place, preferably in the company of some residents. You’ll get a different feeling for the facility sitting in the dining room. And this is a great way to sneak a peek at how facility staff actually treat and interact with residents.  Inspect their Alzheimer’s or Skilled Nursing units, if they have one. You might eventually need these facilities.  Ask around with doctors you know to see if any facility has a better or worse reputation than others.  Sniff around, literally. If the facility smells good, that means it’s well-cared-for and clean.
      Talk to their references. Share this task with siblings so you can compare notes.  Find out their wait list policy. Some places will keep you in your wait list priority spot indefinitely and allow you first right of refusal on each new unit that comes up.
    • Get paperwork in order. This may mean putting in place a broad enough power of attorney so that you can move your parent without their say so if the need arises. Each state has their own requirements for powers of attorney.  It’s good to have an attorney assist with this.
    • Keep talking with your parent about the issue of moving. There are pros and cons worth airing on both sides. This is a tough decision for everyone. It’s sensible to allow time for the idea and its ramifications to sink in.
    • If memory and dementia are concerns, have a neuropsych evaluation done of your parent’s cognitive functioning. This should be more extensive and detailed than an internist’s evaluation and may give you a clearer understanding of your parent’s condition and what lies ahead.
    • Visit a few assisted living facilities with your parent. One writer offered the following strategy: First show them a facility you know they won’t like, perhaps one that’s even a little crummy. The two of you can then agree that place isn’t suitable for them, which puts you on the same footing. Next, take them to the facility you prefer, which will be in direct contrast to the one they just saw. You just may hear “Yes, I could live here!”
Here’s the most valuable piece of advice: don’t wait until you have a crisis on your hands.  Be willing to take control of the timing of the move. Don’t wait to get a call from neighbors saying your father has fallen and is in the hospital, or that your mother has gotten lost while driving and couldn’t find her way home for two hours. Moving to assisted living will be easier for your parents–and you!– if they are in good health and good spirits.
I am available to assit you with your elder law needs.  Please call for help with medicaid, veteran’s benefits, and legal documents, such as wills, trusts, powers of attorney, health care directives, and living wills.  Don’t wait until it’s too late.
Debra G. Simms
Attorney at Law
Orlando
Daytona Beach
Toll Free: 1-877-447-4667
Debra G. Simms
Declaring bankruptcy can help you save your home and assets, eliminate credit card debt, stop creditor calls and harassment, and even permanently erase old IRS debts. And, fortunately for us, the laws covering Florida bankruptcy are more lenient than many in other states. Sites giving “general information” on national government bankruptcy laws often do not tell the full story, making it important to contact a bankruptcy attorney in Florida for your needs.

There are many questions people ask when it comes to bankruptcy. Often, they want to know how long bankruptcy will be reported on their credit reports. Generally, the period in Florida is up to 10 years (7 years with Chapter 13 bankruptcy). This is important because creditors will report your bad credit for up to 10 years. With the bankruptcy listed, you are ensuring that anyone who looks up your credit score will see that you have declared bankruptcy in the past and are trying to get out of debt.

People also worry whether or not they will qualify for bankruptcy. In Florida, you do not have to qualify for anything, although with Chapter 13 cases the court may sometimes feel that your plan is not feasible, denying it if you do not have enough money or income to make it work.

You also may wonder about the different types of bankruptcy. Chapter 13 has been mentioned, but there is also Chapter 7 bankruptcy. When most people think of bankruptcy, they think of Chapter 7. This is a “straight” bankruptcy where the court forgives the individual all of their dischargeable debts. You might also be allowed to keep a credit card or two, which is important as without one it is almost impossible to rent a car, book airline tickets, or be prepared for some types of emergencies.

Chapter 13 bankruptcy,  on the other hand, is often used to save your home from foreclosure. It lasts from three to five years, and each month you make a regular payment as well as an additional amount to help catch up on your mortgage. This allows you to file a “plan” with the court that shows how much money you will be paying and how long it will take you to catch up. If the plan is approved, the bank or mortgage company is then forbidden from taking your home. Then, once you are caught up, you will be able to return to paying your mortgage as you did before.

In order to determine which type of bankruptcy is the most appropriate for your case, contact the Law Office of Debra G. Simms as we will be able to assess your situation and help you get out of debt as quickly and efficiently as possible.

Debra G. Simms
I think I know what’s going on.  The economy stinks and most of us are afraid to spend our money.  Spending money on lawyers is the last thing we want to do right now.  Especially this time of year.  What are you going to spend your extra cash on – presents for the grandkids or a lawyer?
Ok, but you need to have a Will.  What happens if you don’t have one?  If you don’t have a Will when you die, the State of Florida will write one for you!
Well then, what about a “simple Will”?  Ok, some clients equate “simple” with “cheap.”  All I write is simple Wills.  I mean they are as simple as they need to be to cover the needs of the family and provide the needed protection.  Part of my service is advising clients how to title their assets so they do not even pass through the Will, thereby avoiding probate costs.  Now that’s simple!
Here’s how to think about it.  How much do you pay for car insurance each year?  I will bet the cost of estate planning, including a Will, Durable Power of Attorney, Health Care Advance Directive, and Living Will, will likely be less than the cost of car insurance for half a year!
And remember, you pay for car insurance every year.  Your estate planning needs to be done once, and then updated only when there are major changes to the law or changes in your family.  Now, which is more valuable?  Your spouse and kids, or your car?  You wouldn’t go without car insurance, so why should you go without a Will or other proper planning?
For those of you who mention this article, I will extend a holdiday gift.  From now until the end of the year, I am offering a 20% discount off my regular estate planning package costs.  Call now to schedule your consult.  Don’t wait until it’s too late!
Debra G. Simms
Attorney at Law
Orlando
Daytona Beach
407-331-4529
1-877-447-4667
Debra G. Simms

As a bankruptcy attorney, I consider myself to be on the “front line” when it comes to observing how a lot of folks are doing in this economy.  For most of my bankruptcy clients, it’s gone from bad to worse. Many of my clients work, some only part-time, but there is no way they can make ends meet. Others have been out of work and have used up all their unemployment benefits and their credit. Still others have been in accidents or are sick, and have yet to qualify for disability.

The stigma of bankruptcy is slowly deteriorating as people line up to plead their case in the courts to receive a bankruptcy discharge. The US Bankruptcy Court is the court of last resort for a lot of these people and quite a few of them walk into court in tears.

Chapter 7 bankruptcy is what people typically think of when they hear the word “bankruptcy”.  If your income is low and you have few assets, then this might be right for you.  You can keep your house. And you can keep your car depending on how much it is worth and whether you can afford the payments. Your retirement plans are also safe. The rest of your debts are wiped out and you get to start anew.

With Chapter 13 bankruptcy, your debt is consolidated and reorganized. You pay it off in a monthly schedule. It lasts for three to five years and allows you to catch up on your mortgage, which is especially useful if your main concern is going into foreclosure on your home. Once you have finished catching up on past payments, you will return to making mortgage payments as normal.  Most other debts are discharged at the end of your plan.

Don’t put off dealing with your debt.  Financial stress can cause health problems and relationship problems.  It’s not going to go away by itself.
At the Law Office of Debra G. Simms, you are treated with the respect that you deserve.
Call now for a consultation.
Toll free:  1-877-447-4667
Debra G. Simms

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
817 E. 7th Ave
New Smyrna Beach FL, 32169
Local: 386.256.4882
Toll Free: 877.447.4667