Take a look at our October newsletter!
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OCTOBER 2022
Growing Together with You
A Client Caught Me With My Shoes Off! You Won’t Believe What Happened Next
A few months ago, a client visited the Dellutri Law Group office and caught me with my shoes off. When you walk through our front door, you can see all the way across the building to the back entrance, and that’s where I was when this client walked in. We have a swale out behind the building to collect rainwater. After it storms, a pump empties the swale into a nearby canal — or at least, it’s supposed to. On that particular day, the pump wasn’t working. So, I took it upon myself to play plumber. I had a court appearance later, so I was all dressed up in a suit, tie, and dress shoes. Looking down at my feet, I knew if I ruined those shoes, my wife Marjorie would be upset. So, I slipped them off, pulled off my socks, rolled up my dress pants, and waded into the water to tinker with the pump. As a business owner, sometimes you have to get messy to keep things running! I was just finishing my work when the client walked in — and caught sight of me barefoot and wet at the back door.
“Hey, Carmen!” he said. “Do you have a minute?”
What he did care about was doing a great job and winning the trust of his customers. He always told me, “Son, I don’t care what you do in life. Just be the best that you possibly can.” In that moment, I felt like I’d done my dad proud. The client in front of me trusted me with his legal matters, just like my dad’s customers trusted him with their cars. And he didn’t pick me for the job based on how “lawyerly” I looked. He picked me because I was the best person for the job. Frankly, I think if more lawyers showed up to work in polos and weren’t afraid to take their shoes off, people would be a lot more trusting of us! I’ve heard over and over from clients that other lawyers are scary and intimidating. They wear suits and ties every day and look down their noses at everyone who didn’t go to law school. I’m not that guy. In fact, in court, a fancy suit and a holier than though attitude won’t get you too far. If you know someone who needs a lawyer but is on the fence to see one, you can always send them to me. They might catch me with my shoes off, but they will always be treated like adults and equals — just like my dad would have wanted. I’m not trying to prove I’m better than anyone else. I’m just trying to restore hope to as many people as I can. I don’t need socks to do that! –Carmen Dellutri
“Of course!” I told him, and I immediately headed up to the front of the office.
My team shook their heads as I walked by. “I can’t believe you’re taking a meeting barefoot!” one of them said. I just shrugged — I didn’t want to make our client wait around while I put my shoes and socks back on. I know his time was valuable, and I appreciate that he came to the office to see me. When I got to the front, the client immediately noticed my shoeless state and rolled-up pants. “You know what, Carmen?” he said, pointing at my feet. “That’s what I like about you. You’re an attorney, but you’re a regular guy, too.” To most people, that might not have sounded like a compliment, but I puffed right up with pride. The words “regular guy” immediately made me think of my dad. He owned a gas station, and on any
given day, you’d find him in his blue shirt and pants, covered in grease from working on engines. His customers didn’t care that his clothes were stained with grease and oil at the end of the day.
“I was just finishing my work when the client walked in — and caught sight of me barefoot and wet at the back door.’”
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Several documents make up a good estate plan, one of which is a Health Care Surrogate. What is a Health Care Surrogate? You can think of a Health Care Surrogate as a power of attorney but restricted to health care issues. For example, if you’re incapacitated, and a doctor needs your consent to give you a medication or perform a procedure, who can provide consent? Generally, they might rely upon a spouse to do that. But what’s going to happen if you don’t have a spouse? Anyone who is not your spouse, even a long-time partner, has no authority over you in this situation, and the doctor will not accept their instructions. If it’s something serious, you will need a guardian appointed to make those decisions for you, which is time-consuming and expensive! Keep in mind that this is not only for your benefit, but it’s also for the benefit of the doctor and the hospital. They want to feel secure someone has authorized that decision if they give you a drug or perform a procedure. That is where the Health Care Surrogate comes in handy because, more often than not, it’s usually an emergency when something is needed medically. You won’t have time to prepare the document, especially if the patient is unconscious and can’t sign. Welcome to our new recurring segment, “Ask the Attorney.” We get many frequently asked questions here at the firm. Each month, we’ll be picking one and sharing the answer with you. ASK THE ATTORNEY Do I Need a Health Care Surrogate?
Also, in the situation described above, if you are not married but have a significant other, it can become an issue if they want to visit you. If they are not authorized to see you without your consent and are not a relative, they could be prohibited from seeing you. As we have seen during the ongoing COVID-19 pandemic, it has been difficult for relatives to see somebody in the hospital, so you should have a Health Care Surrogate in place if you and your life partner are not married. Finally, remember that Health Care Surrogates are statutorily created in each state. Therefore, you want to ensure your Health Care Surrogate form complies with Florida law. It may be an issue if you’ve come from another state and have not updated your documents.
Testimonial Our Clients Say It Best
“I was fortunate to work with Amanda after my accident. She was very professional and explained things to me so I understood what was going on from beginning to end. I would highly recommend her to any of my family or friends. Actually, I was referred to her by my daughter after her accident.” –C.H. GOOGLE REVIEW – AUGUST 2022
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Spotlight: DLG Passion Projects As a member of the Christian community, Carmen feels he has a moral obligation to help those in need. Carmen has mentioned time and time again that the reason he became an attorney, and specifically a personal injury and bankruptcy attorney, is because he loves to help others. This drive to help makes him a natural volunteer, and he has done it most of his life. It’s even something he’s ingrained in his own children. Carmen and his children volunteer at The Midwest Food Bank, which is why he chose it for his Dellutri Law Group Passion Project. The Midwest Food Bank is a volunteer-based, national food bank that also focuses on being faith-based. Established in 2003, its mission is to share a love of Christ by alleviating hunger and malnutrition locally and globally. Carmen believes that when people volunteer, everyone in the community prospers. This is why he encourages all team members to participate in The Dellutri Law Group Passion Projects!
PUMPKIN PIE PARFAITS Inspired by Kenarry.com
These parfaits are an easy fall dessert everyone can make!
INGREDIENTS
• 3.4 oz instant vanilla pudding mix • 2 cups cold milk • 15-oz can pumpkin purée • 1/2 tsp cinnamon
• 1/4 tsp nutmeg • 1/8 tsp ground cloves • 1 cup vanilla sandwich cookies • 8 oz whipped topping
DIRECTIONS
1. In a large bowl, whisk together pudding mix and milk. Let sit for 5 minutes, then stir in pumpkin purée, cinnamon, nutmeg, and ground cloves. 2. In a blender or food processor, crush vanilla sandwich cookies into crumbs. 3. In small jars or glasses, place cookie crumbs on bottom, then pumpkin mixture, then whipped topping. Repeat these layers twice and end with cookie crumbs. 4. Chill until ready to serve! What’s the Good News ? “In all your ways acknowledge Him, and He shall direct your paths.” PROVERBS 3:6
Carmen Dellutri and his kids volunteering at the Midwest Food Bank Warehouse
Last month we had ... • 45 referrals from friends, family, or previous clients • 25 returning clients for a new matter • 19 referrals from other attorneys • 8 referrals from doctors and other professionals • We sent out 103 referrals to our trusted referral partners A Huge Thank-You to Our Referral Partners!
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Inside This Issue
1 No Socks, No Shoes, Full Service! 2 Do I Need a Health Care Surrogate? 2 Testimonial 3 DLG Passion Projects 3 Pumpkin Pie Parfaits 4 Let the Halloween Festivities Begin
COME JOIN THE FUN! Halloween Shenanigans Galore
Do you follow us on social media? Well, you will definitely want to follow along this month! October starts the holiday craze in our office. Some of us are really into Halloween, some into fall in general, and of course, a few try to get us to bring down the Christmas tree in September. This month, we are running Halloween competitions within the office AND for our Facebook followers ALL MONTH LONG. We will need your help in choosing winners for the decorating contest, the bake-off, and the costume contest. You’ll want to make sure you get the updates so you can find out the rules to win prizes with us! We definitely live by the rule “work hard, have fun.” Come join us!
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‘THE INCREDIBLE HULK’ CREATOR DEFRAUDED BY TRUSTED ADVISORS
I have written many times and recorded several videos about the importance of having a proper power of attorney before a catastrophic life event occurs. Here in Florida, a power of attorney becomes effective immediately upon signing. This document is sometimes called a “license to steal!” For this reason, the person you pick as your agent under your power of attorney must be someone you trust implicitly. Unfortunately, as described below, even being rich and famous does not protect you from unscrupulous individuals. Stan Lee, the legendary comic book creator, died in November 2018, and his estate has been in litigation ever since.
since 2019, and he faces several felony charges, including theft, embezzlement, and false imprisonment of a senior.
Stan Lee’s case highlights how important it is to be aware of and take steps to prevent senior abuse. Stan was extremely wealthy, with access to virtually any resource or planning strategy, but still fell victim to fraud and abuse. The Centers for Disease Control and Prevention states that out of those aged 60 and above, 1 in 10 will experience elder abuse. For tips on preventing elder abuse and reporting resources, visit the National Center on Elder Abuse at NCEA.ACL.gov/resources/state.aspx.
Stan’s wife had died in July 2017, and after that, Stan named Jerry Olivarez, a publicist, as agent under a power of attorney. The complaint in the probate case alleged that Jerry did several unscrupulous
Stan’s situation brings to mind two critical takeaways: The first is that in my
practice, I see so often that after one spouse passes who was trusted to take care of the other, no one else serves in that trusted advisor role. Either they have no children, or they are estranged from their children. Also, many friends and relatives may be deceased or live far away. This poses a significant
acts: dismissed Stan’s lawyer and hired his own without disclosing the conflict of interest, fired Stan’s banker and transferred roughly $4.6 million out of Stan’s account, duped Stan into loaning him $300,000, bought an
challenge for many and illustrates why it’s essential to maintain close relationships with trusted friends and relatives as we age. Unfortunately, many people in this situation fall prey to fraudsters in their neighborhood or church, where devious individuals say they will help them while cleaning out their bank accounts. The second observation is that one way to prevent this is to choose co-agents and require them to sign off equally on everything. At least this provides a double layer of protection from the wolves hiding in sheep’s clothing. –Mark Martella, Esq.
expensive condo using Stan’s money, and more. The suit listed several causes of action, including financial abuse of an elder, fraud, and misappropriation of name and likeness. Jerry denied the allegations. A settlement has been reached in the case for an undisclosed amount, and now the probate case can proceed. However, there are still some pending claims in the case against Stan’s former attorney, Uvi Litvak. Also notable is a criminal case Los Angeles prosecutors are pursuing against Stan’s former business manager, Keya Morgan. His case has been pending
RANDOM REVIEWS Discover Old Florida at Myakkahatchee Creek Environmental Park
Although I have been living here in Southwest Florida since 2004, I am always amazed that you only have to go a few miles inland to discover an entirely different world from the beautiful shores of the Gulf of Mexico or the Atlantic Ocean. I recently made a discovery when I decided to check out Myakkahatchee Creek Environmental Park in North Port, Florida. The park is 160 acres just off I-75 with over 50 hiking trails. The trail I discovered on my first trip was at the Big Slough Preserve trailhead. The trail runs along the Big Slough through tunnels of trees. While most of Florida is flat, this trail gives your legs a good workout as it twists and turns and goes up and down, following the banks of the meandering creek. Even though this trip was in mid- August, the dense foliage protected you from the sun, so the heat was not oppressive.
This trail is a photographer’s dream, especially as the sun rises in the morning and penetrates through the canopy. Words are inadequate to describe the view, so I am sharing some of my pictures from this excursion. Suppose you want to get away from your busy work life and unwind in peace and tranquility among the sounds of birds, crickets, frogs, and the occasional gator. In that case, I highly recommend Myakkahatchee Creek Environmental Park. Whether you are looking for a good workout or a serene place to meditate in nature, it checks all the boxes. You can get to the main entrance by going to 6968 Reisterstown Road in North Port, Florida. Send me some of your photos if you go! –Mark Martella, Esq.
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