Complaints

This profile includes complaints for Elder Law of EastTennessee's headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

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  Elder Law of EastTennessee

  903 N. Hall of Fame Drive Knoxville, TN 37917

• 

  Elder Law of EastTennessee

  P.O. Box 3804 Knoxville, TN 37917

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:06/27/2024

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On July 6, 2023, my mother, ***** *****, brother, S****** *****, and myself met via phone for a $400.00 consult with ***** to discuss mom's failing health and the fact that she would be needing 24/7 care soon. Our father had passed away October 23, 2022, and mom was left with too much money to qualify financially for assistance. We knew that TN Care has strict rules with how people spend their money and still be able to qualify for the programs they offer, so we thought seeking the assistance of an elder attorney was our best route. ***** laid it on thick from the beginning, telling us how she had gone through this with her grandmother and since then she had decided to help keep others from having to go through the same struggles. We were vulnerable, desperate, and easily persuaded at the time. By the end of the conversation, she had us feeling like everything would work smoothly and they would handle everything. Then she informed us it would be 18,000.00 to retain her services for one year. My brother and I both though that was a lot but we were desperate to do things the right way and had no idea the AAAD offered this service for free, nor did she bother to tell is, if all you are needing is guidance for spinning down, the AAAD can assist you at no charge. Mom already had POA and a living will made up. They of course redone her will and POA. They did an advanced care plan and such, but for the most part they have not done much of anything except keep us stressed out, confused, guessing, wondering, and regretting ever talking to them. They don't have a clue what they are doing or talking about. They would tell you one thing and then tell you something different. Fast forward to almost 1 year later and all of mom's money is gone, we have been denied for TN Care (even though she passed a PAE and was approved for CHOICES group 2) and I found out by calling TN Care, not because they informed me. I had to write 2 ugly emails to even get a call from the lawyer.

  Business Response

  Date: 07/11/2024

  Thank you for sharing your concerns. We regret that your experience with our
  firm did not meet your expectations, and we take your feedback seriously. Our
  goal is to provide clear, compassionate, and effective guidance, especially
  during challenging times.

  We understand the stress that accompanied the client’s health situation and
  are sincerely sorry that the process of pursuing her benefits and care goals has
  been more stressful than you expected. We appreciate the opportunity to address
  your specific concerns:
  
  1. Consultation, Initial Expectations, and Fee:

  During our detailed initial consultation, we outline
  our services and potential outcomes. Our intent is to offer a realistic
  plan based on our expertise and experience. We are transparent about our
  fees. The $18,000 fee for one year of service covers comprehensive legal,
  care, and public benefits services. Successive years of the same services
  are offered at a reduced price. These services include robust estate
  planning documents; support through the process of qualifying and applying
  for public benefits to pay for care; and customized long-term care
  solutions. While resources like the AAAD are available to support very
  straightforward benefits applications, they do not provide comprehensive
  support, do not provide spend down guidance, and are not equipped to
  handle more complicated situations and applications.

  Our team of experts spent many hours diligently providing the
  services outlined in the Representation Agreement:
  

  A. Our attorney and paralegal
  team drafted, reviewed, and executed a comprehensive estate plan, including
  documents which supported your goals related to an application for public
  benefits. We conducted offsite signings of those documents for your
  convenience, and we provided guidance related to capacity and naming
  trusted decision-makers.
  

  B. Our public benefits team
  guided you through the necessary steps to ensure a successful public
  benefits application, assisting with a spend down strategy in compliance
  with program rules. We assessed assets, calculated the eligibility
  timeline, communicated with financial agencies and the TennCare agency on
  your behalf, and assembled and filed the initial application and
  verification documents requested by the agency.
  

  C. Our Care Coordinator left
  no stone unturned in exploring care options in your area that met your
  requirements. She spoke with dozens of care agencies to seek solutions in
  a region where care providers are limited. When those options fell short,
  she worked with you to explore out-of-the-box home care solutions which
  could still be covered by public benefits.
  

  At the time when you ended our services, we had made substantial
  progress in your goals of preserving family assets and implementing an
  unusually complicated care plan.
  
  2. Service and Communication Issues:

  We agree that consistent and clear communication is
  vital, and we recognize that the processes we help families navigate are
  confusing. We always seek to reach a higher level in our communications, so
  we are reviewing your file and our procedures to ensure that we are
  providing timely and accurate updates to our clients.
  Our standard is to respond to client messages within one
  business day, but same-day responses are not always possible. One of the
  advantages of working with a broad team of professionals is that even when the
  team member you are seeking is unavailable, one of our other knowledgeable
  staff is usually able to respond. Our records reflect that our team has been in
  frequent contact throughout the year of services and has responded to your
  legal, care, and benefits questions, helped to navigate complex systems and
  processes, and quickly addressed new questions. We have had over 100 emails, over
  60 calls, and at least 10 virtual or in-person meetings with you or with
  third-party agencies on your behalf. While we do not believe we have provided
  conflicting information to you, we understand that the matters we have been
  assisting with are not straightforward and that we should seek better ways to share
  this complicated information.  
  

  3. Outcome and Follow-Up:

  Like you, we were disappointed and frustrated by the
  denial of the TennCare application. It is especially frustrating because the
  denial was caused by a technical error on TennCare’s part. We are up-front
  that we cannot guarantee specific results when filing for benefits, as
  stated in the “No Guarantee” section of our Representation Agreement. We submit
  detailed, accurate applications to the agency to accelerate approval, but
  we cannot make guarantees about the quality of work performed by a
  third-party agency and cannot take responsibility for delays created by
  their mistakes. That said, we stand by our clients and pursue all legal
  and ethical options to get the best result. In almost all cases we
  are successful on appeal. The plan we
  discussed with you was to file an appeal at no additional charge to
  resolve this issue. Based on our past experience, we felt confident that
  the appeal would have resulted in approval and enrollment in TennCare. 
  

  We
  believe we have upheld all our commitments throughout a year of representation
  and have provided highly valuable services to you and our client. Although we
  have acted in good faith and have not committed any errors that would require
  us to issue a refund, we are committed to the preservation of good
  relationships and exceptional customer service and are issuing a substantial partial
  refund.