Family Attorney

Clean in the Inside: Floor Mats for Truck

admin — Mon, 08 Mar 2010 15:55:41 +0000

Making your truck clean and comfortable to be driven is your job. It is for your own benefit because you need the truck for working. This is why you cannot let it look dirty and rough because your customers will not like it. You should curb your monster that everybody will not get afraid of it. And, the only way to make your truck look friendly and reliable is by keeping it clean.

Of course you should not clean the outer part of your truck only. You need to clean the inner part as well. It is to prevent your customers from shock when they need you to carry them to other places. The hardest part to be cleaned inside your truck is the floor. Since you will always step on it, there will be some spots on the floor which cannot be washed easily. You may need to replace your mat with the new one. If you have difficulties to find the best and the most suitable mat for your truck, Carid.com will help you. This online dealer has large selection of floor mats with high quality and affordable prices. It has WeatherTech mats if you are hardly avoid bringing mud into your truck. The surface of this product is made of non-sticky material that you can clean it up easily. Furthermore the design is sculpted that liquid s will not spill over the other parts of your truck. For long lasting usage of mat on the truck, this online dealer also has Lloyd mats which are soft yet tough. These products are constructed from nylon which is soft and durable.

Those mats are available in custom design that you can modify them to your interest. If you want to order them immediately, you should visit the website directly!

Divorce Lawyer Communication – How to Enhance your Communication With your Attorney

admin — Wed, 30 Dec 2009 15:19:14 +0000

There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

In-Person

Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney’s undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.

E-mail

Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.

Telephone

One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.

Fax

Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney’s office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney’s office had to stand in front of the fax to send or receive documents.

Mailing

Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney’s keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.

There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

By: Steven Carlson

A Family Law Attorney Can Smooth Things Over

admin — Wed, 30 Dec 2009 04:55:51 +0000

Smoothing things over becomes an unpleasant task for many amateurs in divorce cases, a task that these people are not usually prepared to face. Bitter words and harsh times can create even more uncomfortable, awkward and very tense situations or environments for the parties involved and even for those around them. Having a professional who can help to fix these situations and draft and create fair, just settlements for divorced couples can be invaluable to these couples as they go through the divorce process.

Strangely, when one thinks of a family law attorney, they often think of those lawyers we have seen on television that have sinister ideas and intricate plots to destroy the lives of their opponents. What one will discover if they spend any time at all with any attorney is that this is simply not the case. The vast majority of attorneys are committed to discovering what is fair and implementing a settlement that reflects this. A family law attorney is not interested in taking a bad situation and making it worse. This does not benefit them at all and goes against the sense of fairness and equality that they fight to protect. A family should never go through a divorce alone, without the counsel of a professional to guide them through what can become ugly situations and hard times.

Especially if there are children involved in the divorce, these situations can become bitter messes from the very beginning. Former couples sometimes spend countless dollars and a great deal of time trying to decide who is going to have custody of their children after their divorce. What is often forgotten in situations such as these is: what is best for the children? A family law attorney will bring their expertise in these situations and past experiences in similar cases in helping the family decide what is best for the children. Many families face the unpleasant requirement of putting their children through a messy divorce when the parents cannot get along or stay married to each other any longer. When divorce seems inevitable, the parents will usually fight often, be miserable and create tense situations inside the home, which their children often pick up on. So, getting divorced may be the best thing for the children in some cases, as nobody wants their children to grow up in these circumstances. A messy divorce, however, will often create the very thing the parents were trying to avoid, a tense and uncomfortable situation for their children. Having a family law attorney to help the parents through these troubled times will help to smooth the situation and create a fair and calm environment for the children.

As everybody knows, divorce is not a fun experience for any party involved, and that includes the children. A family law attorney can help the situation by bringing information, experience and fairness to the situation. This will help the ex-husband and ex-wife sort out their divorce and make the decisions that are best for everybody involved.

By: Justin

Eleven Attributes Of A Good Criminal Defense Attorney

admin — Wed, 30 Dec 2009 03:37:57 +0000

People often ask me how to determine if a Criminal Defense Lawyer is good or not. Having practiced as a San Francisco criminal defense attorney throughout California for thirteen years I have developed some opinions about this, which are laid out in the eleven rules below. These attributes can help make the difference between a good, bad or mediocre result. Remember that good criminal defense lawyering is as much an art as a technical skill. There is no substitute for experience. On the other hand it is unfortunately true that some veteran lawyers are tired of practicing law or have been doing it the wrong way for so long, they can’t change their ways. These rules apply to all criminal cases, whether drunk driving, driving under the influence, drugs, fraud, assault, battery, domestic violence or others. Of course they are no different whether you are looking for a San Francisco criminal lawyer, an Oakland lawyer, Hayward lawyer or a lawyer from another part of the country. The rules apply everywhere.

1. The lawyer must care about the result and the client’s well being:

This may seem obvious but it is important for lawyers to remember how important a case is to the person charged with a crime. Criminal charges can bring intense stress in all areas of a person’s life, including professional, financial and family life. This rule applies whether it is a simple DUI matter or a serious fraud or homicide allegation.

2. Get to know the client and his or her life situation and background:

I cannot tell you the number of times that the unique facts of a persons life, or stresses which they are under, strike a note of sympathy with judges when negotiating the outcome of a case, or at sentencing. More importantly these facts can make a big difference with a jury should a person accused with a crime chose to testify in his or her own defense.

3. Work quickly to try to get the person out of jail:

Needless to say, if a person is in jail and hires a criminal lawyer, they are expecting the lawyer to make every effort to gain their release from jail. There are several things that can be done by the criminal defense attorney to make this happen, including motions to set or reduce bail, motions for release on their own recognizance, or, in the case of a San Francisco criminal lawyer or San Francisco criminal defense attorney, a request for supervised release. For some people that own property, a motion to post real estate in lieu of cash is a good way to avoid paying a ten percent premium to a bail bondsman.

4. Consider the effects of a criminal case on a person’s profession, or future profession:

Many convictions can result in the loss of business or professional licenses. Any trade that requires a state license, including hairdressers, nurses, landscapers, and many others, will be in jeopardy if you face criminal charges. Knowing what you are able to accept as part of a plea bargain, or if you are able to plea bargain at all, is critical to making the right choice in your case. Any criminal defense attorney, whether a San Francisco criminal lawyer, Oakland lawyer, Hayward lawyer or other, should be aware of this.

5. Remember confidentiality:

It is important for a criminal lawyer to understand the privacy of the client. This is especially so when dealing with family members of the person charged with a crime. Family may mean well when asking questions, but unless the client authorizes the attorney to talk about it, anything said about the case should remain private and confidential.

6. Consider any immigration consequences:

Anyone who is not a citizen must be especially careful when facing criminal charges. Any conviction or even an admission without entry of a judgment, can result in deportation, exclusion from re-admission or denial of citizenship. This is unfortunately a highly misunderstood area of the law by many criminal lawyers. Understanding these rules is critical whether you are dealing with a San Francisco DUI attorney, San Francisco criminal lawyer, San Francisco criminal defense attorney, Oakland DUI lawyer, Hayward or any attorney from elsewhere in the country.

7. Communication with the client:

Part of why a person hires a criminal lawyer is to understand what is happening in the case as it goes along. A criminal defense attorney must talk about it with the client on a regular basis.

8. Investigation:

In most cases the client should allow the criminal defense attorney to hire an investigator to interview witnesses. If the police did it to gather evidence against you, why wouldn’t you want to do it in your own defense. It costs money but it would be “penny wise and pound foolish” to skimp on this part of your defense – that is, unless you agree with the police version of the facts.

9. Legal research and motions:

Any San Francisco criminal defense attorney must be sure to understand the “elements” of an offense, that is, what the prosecutor has to try to prove in order to get a conviction. Many times the prosecution cannot do it, but you wouldn’t know it unless you looked at the precise elements. Also many searches resulting in police finding drugs or other contraband are illegal and should be challenged by the criminal lawyer.

10. Negotiation:

The way in which a criminal defense attorney negotiates a case can make the difference in a good or bad result. Bear in mind that not all cases can or should resolve by negotiation. Sometimes your best option is to fight the case all the way to jury trial.

11. Trial

Only about five to ten percent of cases go all the way to jury trial. However for the case that we think we can win, jury trial is usually the best option. On the down side, it is more expensive. That is because it should take intensive preparation for the lawyer. It can be stressful and time consuming for you, the client. But when you win, you walk out the door with no conviction on your record. If the judge and prosecutor refuse to offer you a reasonable alternative, and if you have a workable case, jury trial can be the only smart option. Before a jury is where the true lawyer shines as an advocate. Too many a San Francisco criminal defense attorney and San Francisco DUI attorney has not done enough jury trials, fears going to trial, or has had no success before juries. This is true for attorneys in most locations. Trial should not be rushed into heedlessly. Some cases should not go to trial. But trial should always be an option that you discuss with your lawyer, and your lawyer should appear knowledgeable about the ups and downs of jury trial.

By: David Wise

Attorney Client Agreements – Understanding your Attorney-client Retainer Agreement

admin — Tue, 29 Dec 2009 07:54:19 +0000

You’re in the attorney’s office and you are about to sign a retainer agreement and enter into an agreement with the attorney, but do you really have a clear understanding of your agreement? Before you enter into any sort of an agreement with the attorney, you would be wise to consider the following points.

(1) Read the attorney-client agreement

(2) Purpose of the agreement

(3) Financial terms of the agreement

Read the attorney-client agreement

As trivial as it may sound, it is imperative that you read the entire contract or attorney-client agreement before you sign it. Often times one may feel rushed or feel that the attorney-client agreement is just a standard form that all attorneys use. Although it may be true that the attorney-client agreement may be a common contract, the language in the contract may vary vastly from firm to firm. Therefore, it is important that you read the agreement to know exactly what you are agreeing to. Additionally, an attorney should give you as much time as you need to review the contract and answer any questions you may have. Further, you would be wise to get a copy of any agreement you sign before leaving the attorney’s office.

Purpose of the agreement

The attorney-client retainer agreement sets forth the ground rules for the attorney and client relationship. It is also supposed to build good will between the client and attorney. However, this is not always the case. For example, when the attorney-client agreement is not fully explained to you or if it is written unfairly to benefit the attorney, it can create complications and negatively impact the attorney client relationship. Be sure you understand the ground rules of the agreement before you agree to it.

Financial terms and conditions

Be sure you fully understand the financial terms and conditions of the agreement before you sign it. The type of fee agreement may be contingent, hourly, flat, or a mix or combination of each. Other costs such as filing fees, photocopies, mailing and couriers, mileage and travel, parking, and telephone calls should be clarified. If the attorney charges per hour, you will want to review the minimum billing unit or minimum time increments you will be bill for a task. For example, some agreements may state you will be charged in bill units of .10 of an hour (or 6 minutes) or perhaps .25 of an hour (or 15 minutes). To further illustrate, if an attorney charges $200 an hour and bills in minimum increments of .25 an hour, a task that took an attorney one minute would cost you $50! In general, a bill unit of .10 of an hour (or 6 minutes) is common. The fee agreement should be fair, reasonable, and fully explained to you. If you have questions about the fee agreement, be sure to ask and get clarification before you sign it.

Attorney-client agreements lay out some important ground rules and financial terms and conditions for the attorney and client relationship and before you enter into any sort of an agreement with the attorney, you will want to make sure you understand the agreement and its terms and conditions before you sign it.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

By: Steven Carlson

Using A Real Estate Attorney in For Sale By Owner Transactions

admin — Mon, 28 Dec 2009 02:23:51 +0000

Even though you are selling your home without an agent, the assistance of a professional is still needed at various steps in the home selling process. The requirement of a real estate attorney depends on the laws in your state. Even if you live in a state where a real estate attorney is not needed, as a for sale by owner seller, it will still be beneficial for you to use one.

An attorney can serve many purposes in the housing transaction. When you hire an attorney that specialized in real estate, that attorney is responsible for seeing that your best interests are met in the housing transaction. An attorney can act as the escrow agent by holding down payments, documentation, and earnest money deposits. Not only that, the attorney can help you decipher and evaluate complicated offers you might receive from a buyer. In the event that the lenders attorney does not handle the closing, your attorney will host and handle the closing. If the lenders attorney does handle the closing, then your real attorney will represent you in the process.

Your primary concern should be to find a real estate attorney that will provide you with assistance you need in the housing transaction. You can use a local or internet directory to find the names of some attorneys in your area. Asking friends or family who have recently sold homes for references is another way that you can find an attorney to assist you. If there are neighbors with for sale signs in their yards, you can casually inquire about the attorney they are using. Hiring an attorney that comes as a reference is often better than cold calling attorneys.

As you look for an attorney to hire, you should choose one that works primarily with real estate transactions. Avoid choosing a criminal or family law attorney that handles real estate transactions on the side. Your interests will not be best served by an attorney that does not spend a significant part of his or her time in real estate transactions. Certainly do not hire an attorney that has never worked in real estate.

Along with experience in real estate transactions, price will be the other factor you use to choose a real estate attorney. The attorney you hire will have two major responsibilities: reading and advising you on documents and representing you at closing. Get a price quote from prospective attorneys on those two tasks. You can get a discount from the attorney by letting him or her know that you will be preparing and filling out some of the documentation. Shop around among several attorneys to get a feel for experience level and price charged.

The most important thing is that you have a real estate professional available to assist you through the transaction. Even if you have successfully sold a for sale by owner home before, it is better to have legal assistance than to attempt to complete the process on your own.

By: T J Madigan

Auto Accident Attorneys and Your Best Interests

admin — Sun, 27 Dec 2009 09:59:39 +0000

Auto accidents can be not only highly traumatic but financially and physically devastating as well. Auto insurance companies aren’t always completely fair, and when you’ve been hurt in an accident, there’s a lot to deal with. One of the basic steps that is recommended for those who have been hurt in an accident is to contact an attorney right away. A qualified attorney can help you weed through the mountains of decisions that need to be made while you focus on regaining your health.

Personal injury cases are not always cut and dry. An auto accident attorney can advise you of your rights, and what will be required of you if you decide to pursue a personal injury lawsuit. Often filing a personal injury lawsuit is the only way to get your medical expenses paid and find financial relief for your family.

Auto accidents can change everything, especially when you were not the one at fault. In the blink of an eye your life changed dramatically and the secure future you had is now in question due to someone else’s actions. Personal injury can devastate a family financially, and attorneys are here to help rectify the situation so you can get your life back on track.

Attorneys can empower you to reclaim your dignity after a tragic accident. The suffering that comes from a personal injury like an auto accident typically isn’t understood until it happens to you. Personal injury affects more than just your physical health. Medication for pain can make you depressed, the strain on your family can take its toll, surgery can have ill effects on the body, and the mountains of paperwork that is necessary in order to keep up with personal injury affairs can be daunting. Attorneys are there every step of the way to guide you, and to empower you against the oppression of the opposing legal representative. The insurance company representing the other driver doesn’t want to give you anything more than they absolutely are required to give, and they will seek out reasons to deny your claims. Attorneys are very good at noticing the little things you are being denied and fighting for your rights to claim them.

Personal injury can inhibit your lifestyle, either temporarily or permanently. Personal injury can put your lifestyle in jeopardy if you do not have a good attorney working on your behalf. A quality attorney can keep you from making mistakes in your personal injury case. Even tiny little innocent mistakes can cost you a personal injury claim.

While we tend to live in a litigious country where people are far too quick to make legal claims against each other, auto accident attorneys will tell you that most people are too slow to file personal injury cases. It is a fact of our society that insurance companies and people alike don’t want to pay their fair share for their mistakes and to truly take care of the needs of those who are hurt. Perhaps if we lived in a society that owned up to the harm they caused others, we wouldn’t have the need for auto accident attorneys and personal injury lawsuits. Yet the truth of the matter remains that it is rare for anyone, insurance companies especially, to hand over the appropriate amount of care for those who have been the unfortunate victim of an accident.

When you decide to contact an attorney, don’t be afraid to shop around a little. Just as there are high quality plumbers and the plumbers you don’t want anywhere near your pipes, there are also very good auto accident attorneys and there are attorneys that you don’t want anywhere near your personal injury lawsuit. Ask questions, do your homework, and settle on the attorney that you feel will best represent your needs.

Filing a personal injury lawsuit can be a stressful experience. When talking to an attorney, make sure that they explain everything that is involved and what will be expected of you. Doing so can alleviate a lot of stress and worry. Stay in regular contact with your attorney and keep them well apprised of your personal injury status. As your doctors make recommendations and discuss treatment options with you, it is always a good idea to update your attorney. This information will help your attorney make legal decisions with you and to know how to best represent your personal injury case.

By: Nick Johnson

Finding The Best Family Law Divorce Lawyer & Attorney

admin — Fri, 25 Dec 2009 23:38:39 +0000

Family law disputes range from complex legal battles to the unchallenged officialising of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.

Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.

Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.

Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.

Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.

To get in touch with an excellent family law Divorce Lawyer Attorney, seek out your local or regional law society or guiding body. These institutions exist, in one form or another, in most western countries and aim to document and accredit genuinely excellent lawyers. That said, you should be wary of false accreditations and ask any prospective lawyers how you might verify their record.

It should be clear by now that finding the best family law Divorce Lawyer Attorneydoes not necessarily mean spending a fortune. In fact, you may find cheaper attorneys ultimately cost more due to extended research time and protracted cases. Ensure that they have a good understanding of the areas of law he may be required to fight, and ask them for an estimation as to the length and complexity of the case they are undertaking.

By: Elijah James

How to Pick the Best Family Law Attorney for Your Divorce

admin — Fri, 25 Dec 2009 20:33:12 +0000

Deciding which you should have represent you in your family law case is an extremely important decision and one that can be the difference between getting a fair result or a poor one. Here are some criteria that will allow you to improve your chances of hiring the best attorney for your case.

Experience and State Bar Board Certification

There is no substitute for experience when it comes to divorce attorneys and you should only consider hiring an attorney who is very experienced in the field of family law. Frequently people will hire a general practitioner, thinking that divorce cases are routine and uncomplicated and that any lawyer will do. This kind of thought is a major error. Ideally, you want a lawyer who is board certified in family law by the State Bar. This is a certification held by attorneys who have, by experience and knowledge, established that they are worthy of acknowledgment as experts in the area of family law. In most states this is an highly difficult certification for a lawyer to obtain.

Satisfied Previous Clients

The best way to decide which lawyer is right for you is to hear from that lawyer’s past divorce clients. If you know someone who has been a client of a particular lawyer they can tell you what it was like to be represented by that attorney. The fact is that some attorneys are simply better at satisfying their clients than others and the only certain way to find this out is to hear from previous clients.

A Plan for Handling Your Case

It is usually an error in a family law case for a lawyer to apply a “one-size-fits-all” approach. In other words, some lawyers use the exact same approach on every single case, disregarding the facts or nuances of your particular situation. This is generally a mistake. What you want is a lawyer who, at the outset of the case, creates a personalized plan for how your case will be handled. You wouldn’t use a shotgun if you were trying to kill a mosquito and you wouldn’t use a flyswatter if you were trying to kill a bear. You would use the best tool for the given situation. Your case should be handled in this same way.

Are You Comfortable with the Attorney?

Last but not least, you should be comfortable with and have a good relationship with the attorney. If for any reason you sense that you cannot communicate effectively with the attorney, then this is not the right lawyer for you and you should keep looking until you encounter the right attorny for your situation. It is of the utmost importance that you employ an attorney that inspires your confidence and that you are certain will keep your best interest at heart.

By: Joseph Carter

What is a Durable Power of Attorney Form?

admin — Thu, 24 Dec 2009 07:51:44 +0000

A durable power of attorney form is made to help you plan for unfortunate events such as a serious injury or illness. With a durable power of attorney form you can appoint someone to legally act on your behalf, which is called a “agent” or “attorney-in-fact”. On the form you can limit your agent to act on your behalf for a limited or very specific task or event. You could appoint a family member, advisor, or a trustworthy friend or institution like a bank.

The difference between a durable power of attorney and a regular power of attorney is that a durable power of attorney will still be legally valid even if you become incompetent or unable to make your own decisions. With a regular power of attorney it will become legally invalid if you become unable to make your own decisions. All fifty states now permit the use of a durable power of attorney, and it can not be revoked simply because the ‘principal’ becomes incapacitated or mentally incompetent. Upon death though, your durable power of attorney will be immediately revoked.

Mainly, a durable power of attorney is used for convenience purposes. Suppose you have your home listed for sale, and you could not be in town to complete the legal transcation. You can use a durable power of attorney to a appoint a ‘attorney-in-fact’ to manage these kind of transactions, and you could have your ‘agent’ complete the transcation legally for you. Your agent can sign the documents, and negotiate the sale for you.

Also, you can revoke a durable power of attorney anytime, as long as your competent. To revoke it simply sent your agent a written notice notifying him or her that the document has been revoked. Once your agent has notice of your revocation, the agent can no longer legally act on your behalf. Doing so would be illegal, although any actions taken prior to the date of the revocation is still legal.

Another thing you could do is make your durable power of attorney effective only upon your incapacitation. This document is often referred as the “springing” durable power of attorney. This is because it “springs to life” on a specific occurence in the future; your incapacity. Its important to include a detailed definition of “disability” to make it perfectly clear when your agent can act on your behalf.

Don’t procrastinate, executing a durable power of attorney can help you manage your life and protect your family in case you become seriously injured or incapacitated.

By: Nicholas Copernicus