The first goal of the Consumers Union is to educate clients on their rights when they are being pursued by a debt collector. These rights are granted by state law and the Fair Debt Collection Practices Act (FDCPA). These laws are commonly violated by collectors either because they are poorly trained or counting on the fact that the consumer does not understand or are unaware of their rights. Being in debt and getting creditor calls can be an extremely stressful and intimidating situation. Even some people who do know their rights are too frightened by the collectors to take action. This is where the Consumers Union can step in between you and the creditor to offer the protection you need in this vulnerable situation.

A Consumer Advocate is not only designed to educate but also to protect their members. If you are dealing with a collector who is ignoring the laws which regulate their industry, the Consumers Union should be able to contact the abusive creditor on your behalf. In many cases a cease and desist letter will be sent instructing the Debt Collector to cease all communication with the client. If this is ineffective they can help you file a complaint or even refer you to an attorney if need be.

In the Debt Relief industry, the services of a Consumers Union will usually be offered with or as part of a Debt Help program such as Debt Settlement, Debt Reduction, Credit Counseling, Debt Management or Foreclosure Relief. Most of these organizations have in-house customer service departments that can help clients deal with Debt Collectors and the Consumers Union will be utilized in extreme cases of abuse and harassment. For many people the Consumers Union can help relieve a lot of the pressure associated with the inevitable Creditor Collection calls when a debt falls behind.

An Attorney is somebody legally empowered to represent another person, or act on their behalf.

A Lawyer is somebody who can give legal advice and has been trained in the law.

Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney…

Look again at the above definitions, does it now make any sense? Off course it does.

An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.

A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).

A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King’s (Queen’s) counsel.

A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didn’t argue it.

Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.

Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.

Lawyers types:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

The more detailed aspects of a lawyer’s job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients’ interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property, helping to protect clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.

Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or criminal—which may have an impact extending well beyond the individual client.

These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.

Other lawyers work for legal-aid societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.

The real life situations have created “specialties” according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.

Being an advocate for a senior requires more than making doctor appointments and helping to ensure the senior makes it to the appointment. That is the simple part. Some seniors may not want to press doctors regarding their care because they are afraid they will be punished by not getting the care they need.  Doctors may be so busy that they will sometimes miss crucial issues on the charts in front of them or may accept non-committal answers from a senior scared to death of hospitals and ending up in a nursing home and not look deeper for the underlying cause of health issues.

This is written not to disparage the health care professionals who care for seniors. However it helps the doctor to know someone is with the senior who cares enough to know their medical history and to ask questions about problems they are experiencing. Of course, the trick is to leave the dignity of the senior intact by first letting them provide as much information to the doctor as they are willing or able to supply and to ask as many questions as occur to them.

Important Point #1: If you, as an advocate, have POA over health care, you should keep copies handy, even scanned into your computer (both at home and at work), so that if you end up in an emergency room situation, you can print a copy before leaving home or work to provide the hospital. Health care professionals are bound by privacy laws that restrict their ability to discuss a patient’s health with anyone but the patient, spouse, or the person the patient has designated by power of attorney over health care matters. Having a copy of a POA over Health Care in your possession to place in the medical records which designates you as having POA ensures that all health care professionals who work with your parent/in-law/friend will answer your questions about the patient’s care even if they have to tell you that they do not yet know the answer to your questions.

Important Point #2: If you end up taking a senior to the emergency room as I did my father-in-law, be prepared for a long stay. As the advocate for the patient, you will need to be on hand for the history taking process to point out previous hospitalizations, recent illnesses and to do so for each nurse/doctor/lab tech who comes to the patient’s bed. All the bottles of medications that the patient takes should be gathered and kept with you in a plastic bag for entering into hospital records. So have someone find you a comfortable chair near the patient’s bed and do not switch off with family members until all the tests are done and the doctor finally arrives with a diagnosis. After the attending physician tells you what the diagnosis is, if all the symptoms are not addressed, ask him/her questions. You may need those answers to make informed decisions. You could be there for a long time.

Important Point #3: If the patient is admitted to the hospital from the emergency room, make sure that the hospital staff knows you are to be informed of any change in the status or care of the senior and be sure to put a telephone number in the records where you can be reached 24/7. If there are to be any changes in rooms or any invasive procedures done, especially at bedside, you want to be informed.

(I was horrified to arrive at the hospital one morning to find that my mother was placed in a room with two other patients overnight while preparing for a colonoscopy, meaning she had to walk past the other patients all night to go to and from the bathroom as the detergent she was given to drink cleaned out her system. In addition, the staff planned on having the colonoscopy performed bedside with only a curtain between them and the other patients’ beds. I made sure my mother was moved to a room that had no other patients in it while the procedure was performed. But she needed me as an advocate to take care of her dignity.)

Not all the duties should fall on the family member who has POA. At this point, our family emails back and forth about post hospital care, how Dad is responding to physical therapy, who will take Dad for routine labs (not quite as crucial as the results, unless the technician finds something immediately that becomes an emergency situation) and what to do about Dad’s 91st birthday. We, as a family, are quick to update one another on health issues related to the senior members of the family.

Important Point #4: For serious and critical illnesses or for long distance caregivers, there are professional advocates who can be consulted. Many can be found simply by doing an internet search using the words senior advocacy.

If you are a member of the sandwich generation, looking for further advice, I suggest doing an internet search for articles by Gail Sheehy on caregiving.  The most important point she makes in her articles is that caregivers need to take care of themselves. It will not help either you or your loved ones if you are constantly drained emotionally and physically. Learn to pace yourself and to enjoy life’s milestones for yourself and for the seniors you love. Right now, I am looking forward to my mother’s 80th birthday and hoping to have her to cherish for many years to come. Live long, Mom, and prosper.