Dec 24

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 To revoke it simply sent your agent a written notice notifying him or her that the document has been revoked.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

Tagged with:
Dec 01

Mesothelioma is a serious, life threatening cancer that has a low survival rate and can be quite painful. It is also one of many cancers that show no outwards sighs until the disease is well progressed and irreversible.

What causes this horrendous disease?

Asbestos.

If you or a beloved family member has been exposed in any way to asbestos, then you must get a mesothelioma diagnosis as soon as possible. The cancer, which eats at the lining that covers the organs (mesothelium) and is usually found in the chest area or pelvic regions, usually shows no symptoms until it is much too late to do anything about it.

Early mesothelioma diagnosis is critical to adding years to your life. Sadly once one develops mesothelioma, there is no cure, however, medical science can give you the precious time you otherwise would not have if you catch the disease in its beginning stages.

A mesothelioma diagnosis is crucial to achieving that goal.

If you have seen a qualified physician and obtained a recent mesothelioma diagnosis, you should hire an experienced mesothelioma attorney to fight for you and your family’s rights.

Dealing with any cancer can be time consumptive and financially draining. As you try getting your health back on track, your savings and monetary reserves can and will get depleted. Meanwhile, the very people who caused your issues could be literally getting away with murder.

Most companies that used asbestos, which has the primary carcinogenic agent that causes mesothelioma cancer, knew about the potential health risks. This makes them criminally liable and to open to lawsuit.

Your mesothelioma attorney will go over your case with you, educating you on what your rights are under the law.

The company lawyers will try to bully you if you go it alone, offering a settlement that will barely pay for the costs of your very important tests.

They will also try to mislead you, making you believe that you really don’t have a case, when the very opposite is true. Your mesothelioma attorney knows the laws and can make them play fair.

A mesothelioma diagnosis can have a devastating impact on your life. Great representation can mean the difference between a few hundred dollars and millions. Don’t let you or you family get shortchanged! Hire a competent mesothelioma attorney and protect you and your family’s future.

They may give up hope and feel that they should just be allowed to die so that they do not burden anyone. However, there are treatments available for mesothelioma symptoms, and while the quality of life might be somewhat diminished, there is still hope for these individuals to enjoy the time that they have left.

In addition, some of these individuals are younger – they were the children of those that worked with asbestos, and they picked up the disease from exposure to their parent, who often feels guilty. A mesothelioma diagnosis is not the victim’s fault, and a good mesothelioma attorney can ensure that he or she sees that as the truth. In addition, they can work with family and friends to help them through the difficulties that a lawsuit might present.

When a mesothelioma attorney is located and the victim feels comfortable with that person, it is usually a good indication that he or she has found the ‘best’ lawyer for the case. Experience and education are important, of course, but the skills and abilities that a person has are not always evidenced by the education that he or she has gotten, or how many cases that individual has worked on, so an individual with should choose an attorney that seems like the best fit for the case.



By: Nick Johnson

Tagged with:
Nov 27

Many people think that getting the services of an attorney for the family on a long-term basis means keeping a legal counsel on retainer. However, hiring a long-term family attorney has its advantages. For many people, a long-term family attorney is helpful in many ways.

One of the main purposes of getting a family attorney is to avoid searching frantically for one when the need arises. Another thing, you do not have to deal with a different attorney each time you have a dispute to settle, whether at work or within the family. Your long-time family attorney knows your history and can be very knowledgeable about your issues.

Hiring a long-term family attorney from a reputable law firm is a wise decision. You need not worry about the cost of hiring an attorney for the family. A long-term family attorney can be paid on an hourly basis. There are also attorneys who take cases and work for families on a pro bono basis. In California, for example, attorneys are required to devote certain hours each year to pro bono cases.

You can choose a long-term attorney for the family through the following ways:

• Referral from friends – A friend or a family member is a good source of information on how to find an attorney to serve as a long-term family legal counsel. A referral from friends or relatives who worked previously with an attorney may provide important information on an attorney’s background and credentials.

• By peer reviews – To know any information about an attorney, you can refer to attorneys’ ratings review that is an important source of an attorney’s credibility.

Choosing an attorney to serve the long-term legal needs of a family is never easy. Hiring attorney does not always guarantee that you get the quality of service you desire.

However, you can ensure that an attorney can serve your interests and protect your rights by asking yourself the following questions before hiring a long-term family attorney:

1. What level of involvement do I want when dealing with a case? Do I want to be consulted from time to time? Or do I want to be involved fully?

2. What are my priorities? Do I want my attorney to be more concerned about protecting my business or my family?

3. Am I willing to seek alternative dispute resolutions such as mediation or arbitration rather than pursue a case in court?

4. Is the cost of getting a family attorney a major issue?

After finally deciding that you need the services of a long-term family attorney, it is time to select your choice. If you have narrowed down your choices of an attorney to hire, here are questions you should ask an attorney before settling down.

• What is the attorney’s fee agreement? Can you arrange on a case-to-case basis or an hourly basis of payment?

• Has the attorney handled a similar case before? What is his area of expertise?

• How long has the attorney been in practice? Has he handled trials of family cases before?

• Will the attorney handle your case personally or are other attorneys getting to be involved?

Selecting an attorney is the first step toward protecting your family. Hiring an attorney from a reputable Los Angeles law firm will ensure that you get the long-term legal services you desire for your family.



By: Manuel Salvacion

Tagged with:
preload preload preload