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The Idaho Senior Legal Risk Detector is a joint project of Idaho Legal Aid Services, Inc. and ProBono.Net. The purpose of the risk detector is detect issues for seniors or the elderly related to housing, debt, financial exploitation, healthcare, and abuse and to do so quickly and accurately.
To determine whether you, as a senior are at risk, or whether a loved one who is a senior is at risk, please visit our Idaho Senior Legal Risk Detector to answer some questions:
Below are modules (guided informational programs) created by Idaho Legal Aid Services relating to End of Life Planning in Idaho, such as Power of Attorneys, Living Wills, Wills, etc.. The modules are available in English and Spanish.
https://www.idaholegalaid.org/files/html/end-of-life-planning
As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...
Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...
Know about Elder Abuse
What is “elder abuse?”
Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.
Myth: “We don't have that problem in our community.”
Fact: Abuse is often not seen or recognized.
Basic Information about Idaho’s Laws for Seniors
Seniors and their family, neighbors, friends and caregivers will find this Guide helpful. The Guide gives general information about legal issues that seniors frequently encounter and offers practical options for each situation. It will also give direction on where to look and who to call for more detailed information.
Probate is the procedure for transferring title of a deceased person's property to the proper survivors. If the person did not have a will, the laws of intestate succession set out who will inherit. If there is a valid will, the estate still must be probated, but it is distributed according to the will. Probate also arranges for payment of all debts and taxes.
Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...
What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.
Employers are not permitted to take adverse action against their employees who file for bankruptcy. Debtors are protected by 11 U.S.C. sec. 525(b). Section A applies to governmental units and Section B applies to private employers. In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525. Most employers understand the stress their employees are under and are not insensitive to their plight. More people have filed for bankruptcy than you think...
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