Month: October 2024

When Dwan Klein’s dear friend of 37 years called to say her checks were suddenly bouncing, Dwan immediately knew something was wrong. 

Her friend, now 86, had been widowed for many years, had no family, and had signed documents appointing Dwan and her husband as her caregivers if she were to become incapacitated. 

Dwan had no idea that day was so close. 

Dwan’s husband, an accountant, realized someone was stealing from their friend. They were able to determine it was an online scammer, but Dwan’s friend didn’t believe it. She refused to close her accounts to stop the perpetrator. 

At an absolute loss of what to do, Dwan turned to attorney Elizabeth Devolder of The Law Office of Elizabeth Devolder, located in the Tampa Palms Professional Center, just off the Bruce B. Downs (BBD) Blvd. exit of I-75. 

“It was the best thing we could have done,” Dwan says. “Elizabeth understood immediately what our issues were, and gave us direction on what do to, and how to do it.” 

Elizabeth says her firm is seeing many instances of such financial exploitation. In addition to this example, she has seen elderly people who have left their financial and medical decisions to some unexpected people, including a dog trainer, someone who painted a person’s car and even a taxi driver. 

“Sometimes, people don’t know who to trust,” Elizabeth says. “Sometimes, their families live far away and aren’t able to be on site, but there’s a neighbor or a person from church who offers to help. We often don’t know those people’s bad intentions until much later.” 

Elizabeth and her team have the legal expertise to help people understand and think through their options when it comes to establishing caregiving and financial responsibility, should they become incapacitated. 

“People come into my office to set up a will and they aren’t thinking about the kinds of decisions that might need to be made if they become ill and can’t make them [for themselves] anymore,” she says. “They have this idea in their mind that, in the future, they will either be dead or perfectly fine. They don’t anticipate incapacity.” 

Elizabeth established The Law Office of Elizabeth Devolder in 2021, five years after she earned her Juris Doctor (J.D.) law degree from the Tampa campus of the Thomas M. Cooley Law School in Riverview in 2016, following a successful career in advertising and sales management. She had previously earned a Bachelor of Arts (B.A.) degree in Corporate Communications from the College of Charleston, SC, in 1997. For five years, Elizabeth worked jointly with her ex-husband Bryan Devolder at their Devolder Law Firm. 

The newer firm’s associate attorney Rachael Alexander was previously a case manager, working closely with Elizabeth and helping her found the firm while going to law school herself. The team also includes case manager Camelia Howard. 

Elizabeth says there are ways to set up your documents to ensure a system of checks and balances, so that no one person has total control and there’s always someone looking out for your best interests, even if it’s not your primary caregiver. 

She emphasizes that this is why setting up an estate plan with an attorney is so important, and that online documents from a website don’t give you personalized, customized advice from an expert who takes your individual circumstances into account. 

There’s another benefit to hiring an attorney, too. The attorney who prepares and signs your documents can testify to your capacity and intentions in court if that becomes necessary. 

Dwan and her husband were grateful for Elizabeth’s immediate action to help their friend. They ended up going to court, where three separate experts evaluated their friend and determined that she was unable to make good decisions for herself. Her paperwork was crystal clear about who she wanted to make decisions on her behalf if that were to happen. 

The court gave Dwan the authority to close the accounts that were being attacked and protect her friend’s assets. By the time they were able to do that, the scammer already had taken $150,000 from their friend. 

“When we met Elizabeth, we knew immediately that she was the right person to help us,” Dwan says. “She knew exactly what we needed to do.” Dwan adds that she is grateful that Elizabeth helped her to ensure her friend’s assets could no longer be stolen. 

“We talk regularly, and we ensure that all of her needs are met,” says Dwan. “It was very difficult, and very hard to see her unable to accept the fact that she was being taken advantage of, but the judge was so kind and actually said, ‘I wish I had a friend like you.’” 

Elizabeth says this is a perfect example of how one situation is very different from another. Not everyone has a friend who would take such good care of them and manage their finances in their best interest. In those cases, when a person has no family present, there are professionals who can manage these decisions for them. 

Sometimes, though, a professional isn’t needed. Remember the dog trainer, taxi driver, and car painter who were given control over someone’s entire estate? One of those actually had no bad intentions at all. 

In fact, Elizabeth says the person who asked her taxi driver to care for her had no family. She had formed a bond with the lady who drove her to all of her appointments. That taxi driver ended up caring for her for the rest of her life, ensuring she had all she needed, and looking out for her best interests. 

“Every family and every person’s situation is different,” she says. “The important thing an attorney can do is help to create a system that avoids the potential for abuse, and can provide testimony about your capacity when you signed the documents.” 

Elizabeth says for her clients, she is willing to take the time to be incredibly detailed, as long as that’s what the client wants. She tells of visiting a client in the hospital who was refusing to eat and the client’s nurses were frustrated. Elizabeth glanced at the papers she had brought with her. 

“I told the nurses his favorite treat was ice cream, and they looked at me like I was a genius,” Elizabeth laughs. “You can have sufficient documents that don’t go into that level of detail, but with it, you can provide direction for how to provide better care for you.” 

Elizabeth also specializes in valuating and managing collections of art or other tangible personal property, such as gun or coin collections, or antiques. 

“It may require calling in a special appraiser who is familiar with that type of collection, because 1980s rock posters are very different than a collection of china,” Elizabeth says. “Our goal is to maximize the value of the collection, which takes some effort, and the person who is best at knowing how to maximize the value is the one who collected it.” 

Elizabeth says she and her team offer their clients experience, knowledge and care that may be hard to find, especially as the market grows and many attorneys offer estate planning. 

“In addition to eight years of experience doing estate planning here in our area, we live and work in Tampa, and we work together to answer our own calls in our own office,” she says. “We’re not working out of a coworking space or having a virtual assistant in another country answering our phones. My clients want to walk in and see the person they spoke to on the phone, and meet my staff, who is then also able to testify about you if necessary. Those details are important to look for when hiring an estate planning attorney.” 

The Law Office of Elizabeth Devolder is located at 5383 Primrose Lake Cir., Suite C, in the Tampa Palms Professional Center. It is open Monday-Friday, 8:30 a.m.–6 p.m. For more information or to make an appointment, call (813) 319-4550 or visit ElizabethDevolder.com.