On a beautiful June day in 2009, Harvey was riding his motorcycle up the Pacific Coast Highway (PCH) in Malibu as he had many times before. He enjoyed the scenery and the feel of the open road. However, he has almost zero memory of this particular day.
As he neared the Malibu Pier, a woman driving a sedan ahead of him suddenly made an illegal U-turn turning directly into his motorcycle. Thankfully, he was wearing a helmet that surely saved his life. The highway was shut down and Harvey was airlifted to UCLA hospital where he spent the next two months in a coma.
Harvey had suffered a severe traumatic brain injury (TBI) along with many physical injuries, and he would spend the next six months in hospitals. From UCLA he was transferred to Kindred Hospital in Culver City, and then to the Bakersfield Centre for Neuro Skills residential program.
It was in those first few weeks while Harvey was in a coma that his independence and civil rights would be terminated through a court-appointed conservatorship.
Harvey and his wife Sheila had been married for 16 years and had a six-year-old daughter. Having been born into privilege, Harvey had considerable wealth that he had not co-mingled with his wifes accounts. Additionally, Harvey and Sheila had never prepared a will, power of attorney, or health care directive. Harvey felt that he was a healthy 40-year-old, and he would handle those legal things when he was older.
Sheila and their daughter were living in their family home, where she was responsible for a hefty mortgage, even though she had limited access to Harveys money. She hired an attorney and applied for conservatorship of Harvey and his assets. The case was heard by Judge Reva Goetz, who has handled such famous conservatorship cases as Britney Spears and Mickey Rooney.
Sheila was denied conservatorship over Harvey because they had recently separated and were living under different roofs. Even though she immediately rushed to his side in the hospital and resumed her role as his wife, the court decided that they couldnt be certain whether or not Harvey would want Sheila to have continued access to his money.
Eventually, Harveys father and his attorney were awarded co-conservatorship and were able to pay general bills such as real estate and income taxes, utilities, groceries, etc. Harvey would eventually be awarded a monthly allowance to spend on whatever he wanted, making him feel like he was being treated like a child.
Once youve been put into a conservatorship, you cant hire an attorney, so one is appointed for you by the court. This attorney is called a Probate Volunteer Panel (PVP) attorney. Harveys PVP attorney bragged at an initial meeting with Harvey and the family that she enjoyed causing friction between husbands and wives. She felt it was her duty to decide what was best for her client (Harvey) no matter what he or his family members might say to the contrary.
Harvey had a hearing every six months or so to monitor how things were going. He was supposed to be advised by his PVP attorney, however, she kept falsely telling the court that Harvey wanted a continuance of the conservatorship. Harvey wanted his wife Sheila to be conservator, but the PVP attorney would not allow it, and argued for the continued humiliation of the court-monitored allowance.
At the hearings, the lawyers which by this point consisted of an attorney for his wife, an attorney for his father, Harveys PVP attorney, and eventually a court-appointed attorney for his minor child (known as guardian ad litem) and judge would talk about him as if he were a child (because basically without any of his rights, he sort of was) and they would never refer to him by name only as the conservatoree. Harvey said it was very dehumanizing to be treated this way.
As Harvey began getting better and better, it was becoming obvious that the conservatorship had to come to an end, but doing so was harder done than said. He had to have a capacity declaration performed by a physician. The problem is that when a large amount of money is at stake, doctors are reluctant to say yes, because if they said yes and he lost it all the next day, the doctors decision would be questioned.
Eventually, Judge Goetz gave him the name of a specific doctor that she trusted. Harvey would endure two days of rigorous testing, and in January 2011, the doctor eventually wrote a declaration that Harvey was responsible enough to control his own life. In March of 2011, the judge terminated the conservatorship and Harvey was once again granted all of his civil rights. After the hearing was over, the court reporter approached Harvey and told him she had sat in on thousands of cases like his, and his was only the third one she had ever seen terminated it is that rare to have a conservatorship overturned.
However, his nightmare did not end there.
The court-appointed PVP attorney was supposed to charge at a reduced rate; however, she solicited the judge to bill at her full rate, and was granted permission. This frustrated Harvey, as he felt the lawyer really never had his best interests in mind. Harvey had to file for separate counsel to fight the fee petition, which added two more attorneys fees. In addition to his PVP attorneys fees, he also received a bill from his fathers attorney, the attorney who was acting as co-conservator, the guardian ad litem for his daughter, as well as his wifes attorney despite the fact that she had dropped her petition to be named conservator 18 months prior. Harvey had to pay legal fees, bonding fees, and mandatory accounting fees.
In total, this cost him just over $1 million dollars all because Harvey did not know he should have a durable power of attorney for health care and financial matters which created a situation where others took advantage of his health crisis.
Right after the conservatorship was lifted, Harvey told Sheila he wanted to go to Vegas and gamblebecause it was his money, damnit! She looked at him and said, NOT WITHOUT A WILL FIRST! So in April 2011, Harvey wrote a holographic (handwritten) will in his own handwriting on a piece of paper that said, Everything goes to my wife. Shortly afterwards, he hired a law firm to implement all of their trusts, wills, power of attorney, etc.
Harvey wants everyone to understand the importance of having a durable power of attorney drawn up NOW, no matter your age or health because you never know when life takes a drastic turn like Harveys did. This durable power of attorney is a simple form you file with your attorney for a few hundred dollars, and it directs who is responsible for you and your estate should you become incapacitated. Had he had one, it would have saved him the humiliation of losing his civil rights, as well as causing his loved ones time and grief and of course $1 million in attorney and other fees.
My Brain #donor card arrived today from the Concussion Legacy Foundation #tbi #concussion #braininjury #advocate pic.twitter.com/202PhjK673
amyzellmer (@amyzellmer) March 4, 2017
_____
This article originally appeared on The Huffington Post
Photo credit:Geneva Vanderzeil/flickr
Visit link:
A Struggle Back to Financial Independence After a Brain Injury - The Good Men Project (blog)
- Financial Independence [Last Updated On: June 12th, 2016] [Originally Added On: June 12th, 2016]
- The One-Page Guide to Financial Independence [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- 3 Ways to Achieve Financial Independence - wikiHow [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Eight Secrets to Achieving Financial Independence [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Success! - How to get Financial Independence and Help For Real [Last Updated On: June 16th, 2016] [Originally Added On: June 16th, 2016]
- Financial Independence: The Final Stage of Money Management [Last Updated On: June 21st, 2016] [Originally Added On: June 21st, 2016]
- The Four Stages of Financial Independence - The Simple Dollar [Last Updated On: June 27th, 2016] [Originally Added On: June 27th, 2016]
- 21 Experts Chatting About Financial Independence | Cash ... [Last Updated On: July 3rd, 2016] [Originally Added On: July 3rd, 2016]
- 21 Experts Chatting About Financial Independence | Cash ... [Last Updated On: July 5th, 2016] [Originally Added On: July 5th, 2016]
- Welcome - Reach Financial Independence [Last Updated On: July 8th, 2016] [Originally Added On: July 8th, 2016]
- Prepping 101: Financial Independence | Suburban Steader [Last Updated On: July 9th, 2016] [Originally Added On: July 9th, 2016]
- 7 Ways To Declare Financial Independence | Bankrate.com [Last Updated On: July 10th, 2016] [Originally Added On: July 10th, 2016]
- financial independence / early retirement - reddit [Last Updated On: July 12th, 2016] [Originally Added On: July 12th, 2016]
- Prepping 101: Financial Independence | Suburban Steader [Last Updated On: July 14th, 2016] [Originally Added On: July 14th, 2016]
- How to Declare Your Financial Independence - Next Avenue [Last Updated On: July 23rd, 2016] [Originally Added On: July 23rd, 2016]
- Financial Independence: The New and Improved Retirement [Last Updated On: July 27th, 2016] [Originally Added On: July 27th, 2016]
- FMO & IMO | Financial Independence Group, Inc [Last Updated On: July 29th, 2016] [Originally Added On: July 29th, 2016]
- 8 Secrets to Achieving Financial Independence [Last Updated On: October 4th, 2016] [Originally Added On: October 4th, 2016]
- Financial Independence Academy - Sign Up Today! [Last Updated On: November 12th, 2016] [Originally Added On: November 12th, 2016]
- COLUMN-Millennial parents still like to tap the Bank of Mom & Dad - Thomson Reuters Foundation [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Speaking of Women...Are We Really More Financially Independent Now? - Investopedia [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Millennial parents still like to tap the Bank of Mom & Dad - One America News Network (press release) [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- House Dems: Trump wants to put Wall Street first - The Hill [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- 3 insider tips for achieving financial independence | The Motley Fool ... - Motley Fool UK [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- The power of financial independence - KXAN.com [Last Updated On: February 6th, 2017] [Originally Added On: February 6th, 2017]
- Republicans Move on Financial Deregulation; Fed Finalizes Stress Test Guidance - Lexology (registration) [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Find out if you qualify for free tax preparation and financial advice - wtvr.com [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- Getting To Know You Tuesday: Elliot Dole - Forbes [Last Updated On: February 7th, 2017] [Originally Added On: February 7th, 2017]
- How to Prioritize Financial Goals When You Can't Do It All - Inside Higher Ed (blog) [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Millennial Parents Still Like to Tap the Bank of Mom & Dad - WealthManagement.com [Last Updated On: February 9th, 2017] [Originally Added On: February 9th, 2017]
- Days May Be Numbered for the Consumer Complaint Database - ConsumerReports.org [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- Early Retirement & Financial Independence Community [Last Updated On: February 11th, 2017] [Originally Added On: February 11th, 2017]
- How Much Financial Help Do You Expect From Your Parents in the Future? - New York Times [Last Updated On: February 12th, 2017] [Originally Added On: February 12th, 2017]
- Court Rejects Order Forcing Parents to Pay Tuition - Inside Higher Ed [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Congress could limit the Fed's independence and hurt the US economy - Washington Post [Last Updated On: February 13th, 2017] [Originally Added On: February 13th, 2017]
- Syrian refugee families achieve financial independence in Alliston - Simcoe.com [Last Updated On: February 14th, 2017] [Originally Added On: February 14th, 2017]
- Seattle Metropolitan Credit Union serves and empowers Latino consumers with Juntos Avanzamos program - CUinsight.com (press release) [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Consumers in cross-hairs with Dodd-Frank repeal - mySanAntonio.com [Last Updated On: February 15th, 2017] [Originally Added On: February 15th, 2017]
- Sheroes Founder Sairee Chahal ventures for Women's Financial Independence in India's sometimes Suffocating ... - Plunge Daily [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Surviving widowhood: Five tips to avoid financial hardship - Cincinnati.com [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Advocates say more women need financial independence: 'We really do need that extra leg up' - Globalnews.ca [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- Q & A with Sr. Maureen Gallagher, setting up financial independence paths for women in Mexico - Global Sisters Report (blog) [Last Updated On: February 17th, 2017] [Originally Added On: February 17th, 2017]
- The road to financial freedom - ABS-CBN News [Last Updated On: February 18th, 2017] [Originally Added On: February 18th, 2017]
- Independence Financial Partners - SPECIALIZING IN [Last Updated On: February 19th, 2017] [Originally Added On: February 19th, 2017]
- IDS celebrates 150 years of newswriting | Indiana Daily Student - Indiana Daily Student [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- International Financial Reporting Standards - Wikipedia [Last Updated On: February 22nd, 2017] [Originally Added On: February 22nd, 2017]
- Retiring in their 30s. Yep, they're doing it. - Crain's Chicago Business [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Opinion: Young adults need an easier path to financial independence - LSU Now [Last Updated On: February 23rd, 2017] [Originally Added On: February 23rd, 2017]
- Successful Boomer Women Offer Financial Advice to Younger ... - Fox Business [Last Updated On: February 24th, 2017] [Originally Added On: February 24th, 2017]
- Another way to measure retirement readiness: Your 'Power Percentage' - USA TODAY [Last Updated On: February 25th, 2017] [Originally Added On: February 25th, 2017]
- 'Thousands' of cancer sufferers forced to borrow money from parents because of financial difficulties caused by illness - The Independent [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Column: Financially surviving widowhood - Cincinnati.com [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Oran Hall | Young cop seeks financial independence | Business ... - Jamaica Gleaner [Last Updated On: March 5th, 2017] [Originally Added On: March 5th, 2017]
- 'Game of Thrones' gave financial independence to Conleth Hill ... - Business Standard [Last Updated On: March 7th, 2017] [Originally Added On: March 7th, 2017]
- International Women's Day - Investing for financial independence - Simple Landlords Insurance (press release) (blog) [Last Updated On: March 8th, 2017] [Originally Added On: March 8th, 2017]
- Game of Thrones gave financial independence to actor Conleth Hill - Bollywood Life [Last Updated On: March 8th, 2017] [Originally Added On: March 8th, 2017]
- Financial Adviser | Oran Hall | Young cop seeks financial ... - Jamaica Gleaner [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- theFIREstarter - Financial Independence. Retire Early [Last Updated On: March 17th, 2017] [Originally Added On: March 17th, 2017]
- Linda Leitz: Women, divorce and money: Financial independence is best whenever possible - Colorado Springs Gazette [Last Updated On: March 19th, 2017] [Originally Added On: March 19th, 2017]
- Linda Leitz: Women, divorce and money: Financial independence is ... - Colorado Springs Gazette [Last Updated On: March 19th, 2017] [Originally Added On: March 19th, 2017]
- Italian millennials 'won't reach financial independence until age 50 ... - The Local Italy [Last Updated On: March 23rd, 2017] [Originally Added On: March 23rd, 2017]
- NBA ex-president seeks financial independence for judiciary - Guardian [Last Updated On: March 27th, 2017] [Originally Added On: March 27th, 2017]
- Priceless financial tips from 'Billionaire Cab Driver' money guru - WND.com [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- NOEM: Fighting for financial independence - Rapid City Journal [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- 5 Action Strategies for Financial Independence - Kiplinger - Kiplinger Personal Finance [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- NOEM: Fighting for financial independence - Daily Republic [Last Updated On: March 31st, 2017] [Originally Added On: March 31st, 2017]
- AnuOluwapo Adelakun: Of Epic Twitter Comebacks & the Importance of Financial Independence for Women - Bella Naija [Last Updated On: April 3rd, 2017] [Originally Added On: April 3rd, 2017]
- The Struggle For Financial Independence - The Korea Times US [Last Updated On: April 3rd, 2017] [Originally Added On: April 3rd, 2017]
- Regulatory reform leads to financial independence - Argus Leader - Sioux Falls Argus Leader [Last Updated On: April 5th, 2017] [Originally Added On: April 5th, 2017]
- The Financial Lesson in a $1 Hot Dog - Barron's [Last Updated On: April 7th, 2017] [Originally Added On: April 7th, 2017]
- Five facts about financial independence - finder.com.au [Last Updated On: April 7th, 2017] [Originally Added On: April 7th, 2017]
- Income-producing assets pave the way to financial independence - Moneyweb.co.za [Last Updated On: April 10th, 2017] [Originally Added On: April 10th, 2017]
- 3 Things the Financial Independence Equation Teaches Us - Huffington Post [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- Living a FI | A Geek's Guide to Financial Independence [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- levels of financial independence - Radical Personal Finance [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- A business owner's path to financial independence - BizTimes.com (Milwaukee) [Last Updated On: April 15th, 2017] [Originally Added On: April 15th, 2017]
- Independence Financial Group [Last Updated On: April 15th, 2017] [Originally Added On: April 15th, 2017]
- Calculating Your "Magic Number" -A Fool's Errand - Forbes [Last Updated On: April 17th, 2017] [Originally Added On: April 17th, 2017]
- How to win the endgame of financial independence - MoneySense - MoneySense [Last Updated On: April 17th, 2017] [Originally Added On: April 17th, 2017]
- Guest View: Dodd-Frank Act killing American Dream - The Hartsville Vidette [Last Updated On: April 19th, 2017] [Originally Added On: April 19th, 2017]