The Renewed Importance of a Lasting Power of Attorney

Posted on May 20, 2013 by Michelle

Spring is here, and most people are thinking about just about anything you can think of… except for legal matters. We’ve already talked about the importance of drawing up a will. You’re going to be making provisions for your affairs after death. But what happens if something happens to you when you’re alive? The will doesn’t go into effect until after death. This means that you need protection while you are alive.

You must make sure that you go one step beyond the ordinary power of attorney and go with a lasting power of attorney. The difference here is that the regular power of attorney is dissolved in the event of mental incapacity. If something happens to you while you’re alive, that’s exactly the time that you need it most. Now, keep in mind that the Court of Protection does have the power to appoint people to manage your affairs when you can’t. However, this is a procedure that’s costly and very time-consuming. You also lose the right to choose who will have that responsibility. If the wrong person mismanages your affairs, then you’re really in deep trouble.

Don’t leave things to chance. You will need to go with a lasting power of attorney. Here’s what you need to know about them.

Power of Attorney

The first point is that when the power is given, the donor (you!) has to be capable of understanding the sheer power involved, as well as the effect. You need to have two LPA’s for your life — one to handle your property and affairs, the other to handle personal welfare decisions. The Lasting Powers of Attorney were created in 2005 by the Mental Capacity Act. This covers only England and Wales. The law provides a framework to deal with situations where adults really do lack the ability to make decisions for themselves. It also covers adults that have the ability to handle their own affairs, but they want to prepare for a time where they might not have the capacity in the future.

Both LPAs will be governed by an attorney that you appoint. The property and affairs LPA is so that the attorneys can handle the buying and selling of your home as well as any other assets. If there are taxes to be handled, they can handle that too. They will also be able to operate your bank and building society accounts, as well as claiming benefits on your behalf.

The personal welfare LPA is only when you cannot make decisions because you’ve lost the capacity to do so. It will cover your living accommodations, medical care, and consent regarding medical treatments. Diet and dress are often involved in an LPA — remember that under these circumstances, you would not be able to take care of yourself.

The new legislation has introduced a person known as “the certificate provider”, either someone who knows you well or a professional person. The certificate provider must sign the form to confirm that they have discussed the contents of the LPA(s) with you on your own (if possible) and that they can state that you understand the purpose and scope of the LPA, no undue pressure or fraud is involved in the decision to make an LPA and there are no other factors preventing the creation of the LPA.

It sounds like a very heavy thing, and it definitely is. You need to make sure that you seriously have considered the grand power of such a document. If this is something that you’re not comfortable with, don’t go into it. However, if you know that you want to have all of your bases covered, this is the perfect document for you.

You want to make sure that you register both types of LPA before it can actually go into effect, while you still have mental capacity.

The Court has a role in the LPA as well — they need to determine the validity of the LPA, as well as the mental capacity established and the registration of the LPA itself.

Your attorneys will be heavily involved in this process. This isn’t a process for an attorney that you really don’t trust. Keep in mind that if your attorney isn’t ready to commit themselves that deeply, they can indeed submit to the court their feelings on the matter and reject the inclusions.

Having clear communication between all parties involved is absolutely essential. Good luck!

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It’s Now Spring – Have You Updated Your Will

Posted on May 12, 2013 by Michelle

Look, I’ll be honest with you — nobody really wants to talk about death, wills, life insurance or anything like that. But while you’re reviewing your finances and getting your affairs in order, don’t you think it might be a good idea to look into this type of stuff far ahead of time? If you’re in good health right now, you might not be thinking about your will. But if you haven’t updated your will in a long time, you could be leaving your family exposed to liability.

You see, if you’ve added new members to the family since you got your will created, your will doesn’t automatically acknowledge them. You have to write that in yourself. In addition, you also have to make sure that you’re looking at any property that you might have gained in this “gap time”. A lot of people forget to include the property they’ve gained, which causes problems later down the road for your heirs.

If you’ve gotten remarried, you might want to update beneficiaries. You probably don’t want your first spouse taking benefits from the second spouse. It’s completely up to you to figure out how you want to set up your estate.

updating will

If you don’t have a lawyer to sort things out, now is the time to get one. They’re really not as expensive as you think. I know this because I have gotten a lawyer for some stuff I need — and I’m actually a law student! There are just some things that you don’t want to mess with. Sure, there are blank wills online for people to use as a template, but that’s for very simple properties. If you’re someone that knows that you have something much more complicated, then you owe it to yourself and your family to seek out an attorney.

You might not need them as much as you think either. They will give you a free consultation, and from there they can explain exactly what they can offer you. If they don’t need to have an ongoing thing with you, then they will be more than happy to just help with the initial filing and answer any questions that you have. By being organized, you actually save money — the attorney doesn’t have to do a lot of research, which would in turn cost you more for their time.

It’s a hard subject to have with your family. Not only do you want to have your will created or updated, but you need to have multiple copies stored away. This will make it easier to bring the will to court later after your death.

Thinking about your life insurance policy is a good thing too. Remember that the insurance proceeds transfer over to your family tax-free, which means that it’s even wiser to get life insurance (while you’re thinking about it, of course).

Get your affairs in order while it’s on your mind. So many people wish that they had more support during the passing of a loved one. Make it happen for your family, and they will truly love and appreciate everything that you’ve done for them for the rest of their lives. Good luck with these decisions — I know it’s hard, but it’s truly worth concentrating on!

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Spring Is Still a Good Time to Look At Personal Injury

Posted on May 6, 2013 by Michelle

Personal injury hurts the entire family. When overlooked, it means that the family will have to fight twice as hard for survival. And I don’t need to tell you about the economy, do I? It’s really rough out there for a lot of people. An untimely accident can leave a family feeling like there’s no way to come up to the surface for air. They’re drowning, and it feels like nobody can actually see them drowning. It’s a situation like this that the insurance companies will pounce on. They know that a family needs money right away in order to get the ball rolling again, but they’re not going to give you nearly what you deserve for compensation. They are thinking about their own profits, and cutting you out of money preserves those profits quite nicely. It’s nothing personal, after all — it’s just business.

But what about if you had a lawyer on your side? This is why personal injury is such a passionate topic of mine. So many of my friends think that they’re being greedy just because they’re having the guts to actually ask for compensation. This isn’t true at all. They think that they ask for compensation, they’re trying to profit off of a family members misfortune. However, many people underestimate the sheer amount of bills that can be accumulated when the primary income earner is out of work for a long period of time.

Personal Injury

An accident that isn’t your fault is tragic because it’s time stolen from you. Why wouldn’t you want to get compensation for something like that? I honestly would want to get as much money as I could collect for someone hurting me. It would even be more important to me if it were a child or an elderly member of our family.

That’s not to say that you should embrace your inner Batman and go out there on your own. Vigilante style personal injury collection isn’t recommended or wise. Think about it from their point of view — they are a massive insurance company with plenty of lawyers. You’re one person. You’re going to get creamed in terms of all of the things that you don’t know about personal injury. Of course, this is usually the part of my rant where my friends and family tell me that it’s way too expensive top hire a lawyer.

Now, I’m still in law school of course, but the reality is that everything can be negotiated. Most personal injury solicitors are very aware that people are struggling. This is why they offer free consultations. They want to make sure that they hear you out on the actual merits of the case. From there they can actually work out what else is going on. Thankfully, there’s room for interpretation. They will usually take your case on a contingency basis. This means that if you don’t win, there’s no fee whatsoever. You can go on with your life, and the solicitors will wish you well. However, they’re going to be fighting for a good outcome for you, because then they get a percentage of the compensations award. This is a win-win for both parties. The lawyer knows that they will get you the money that you deserve, and you know that you’ll be getting money that you can use to get your family on safe ground. You might have to wait a while for the outcome, but you’ll be glad that you stood up for yourself.

You can’t go through life thinking that you don’t deserve the very best possible. That’s just not true, no matter how you slice it. It’s going to be up to you to figure out the path that you need to go towards next. Why not get started today? You’ll truly be glad that you did!

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Paralegal Degrees and the Credentials You’ll be Working Towards

Posted on May 2, 2013 by Michelle

Since there are a range of numerous qualifications with regard to paralegal degrees, you might be asking yourself exactly what the distinction is and the reason why it can be pertinent. Particularly if you’re right now likely to start the paralegal education, it’s a wise decision to be able to be familiar with this information to be able to choose which is most effective for you.

One of the more critical factors in determining which kind of credential you ought to work in the direction of would be your own personal professional aims.  This aspect in turn is determined by the place of work by which you intend to ultimately do the job. Law offices, private practice lawyers, numerous organizations along with other companies that employ individuals with paralegal degrees all have got their particular really distinct specifications regarding which types of training and qualifications they’ll acknowledge whenever employing a person to work with them.

Paralegal Degrees

Regardless of whether you’ve got a particular work environment in your mind yet or not, it’s a wise decision to look into whatever types you are thinking about to find out as soon as possible the sort of qualifications they’ll need you to possess. A person will discover a few lawyers that won’t employ a legal assistant who has anything much less than the usual university diploma for a particular kind of paralegal coursework, companies that are prepared to supply on-the-job practicing for somebody that doesn’t yet have any qualifications whatsoever, and practically almost everything in between.

Even if the company in which you desire to work doesn’t have rigid specifications, it’s a great notion to think about getting qualified and checking out your own possibilities for paralegal degrees nonetheless. In addition to offering you much better position within the business office, getting certified may throw open numerous brand new options for you personally.

While you might be rather pleased with your work, accreditation will not just provide you with the opportunity for modern and much better options, but could additionally assist you in attaining an increased wage in places you will work. In the paralegal industry, getting certified is among the most significant instances of exactly how placing a modest period of time and your significant work directly into something may help you over time.

When you’re considering exactly what type of credential you intend to work towards, it’s also to your advantage to make note of your ideas concerning a better job.  Even for those who have a particular location in mind in which you intend to do the job once you have finished your education, you might later on determine that you’ll need a much better or different position.

This particular likelihood by itself is a great enough motive not to be satisfied with the smallest amount of that the potential workplace calls for you to possess, for this may end up being much simpler, less expensive, and much less time-consuming over time in the event you acquire the best qualifications that you are able to ahead of time.

Understanding the specifications of the location in which you wish to be employed is essential, however evaluating your personal long term objectives and also the likelihood that those goals may possibly transform when you are taking a look at possible paralegal degrees and the things they provide long-term,  is actually also a really essential aspect.

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Paralegal Studies Through Distance Learning

Posted on April 28, 2013 by Michelle

Many traditional colleges and universities now have a variety of distance learning options in addition to their in-class offerings. However, there are also many reputable schools that deal exclusively with off-site education. If you are considering completing your paralegal studies through distance learning, it is a good idea to take a look at the options that are available and consider what will be the best choice for you.

Some of the reasons that you may be considering online or distance learning as opposed to attending classes in person is for the convenience in terms of time and also for the expense. Perhaps you live in a rural area and don’t have access to a physical school, or your local college does not offer the program you want. Maybe your schedule varies every week and it would be difficult, if not impossible, for you to attend regularly scheduled courses. Maybe you are responsible for childcare and will need to study from home so that you can continue with those duties. Whatever your reasons, now more than ever before, there are a wide variety of programs and options to chose from.

Because paralegal studies requirements vary from state to state, and in some cases are not regulated at all, it is imperative that you do sufficient research to ensure that the program that you take will fulfill any local requirements for getting into your chosen field. Contact the local state agency to see if you must obtain a license or particular credentials to be able to practice as a paralegal. Than, make sure that the program that you are considering fulfills these requirements. There would be nothing worse than making a significant investment of both time and money only to find out that you are unable to legally work.

distance-learning

Is the school or program you are looking at accredited? Online programs can be great, but be sure that the one that you sign up for is reputable and legitimate, no one wants to fall for a scam. If a program sounds too good to be true, chances are, there is something not quite right. There are many ways to verify a school’s credentials. Doing some online research and making some phone calls might save you invaluable time, energy and money later on.

Another consideration is the actual curriculum of the program. An accredited and reputable school will be happy to provide you with information regarding the requirements needed to earn a degree or certificate. Do these courses provide the information you need to work in this challenging and exciting field? If you are interested in specializing in a particular area, does the school offer courses in your area of study? Feel free to contact an admissions counselor or request a course catalog to answer your questions.

While most of us wish things were different, financial considerations are another factor to take into account when considering your paralegal studies program. Not only do you need to look at the overall tuition, but also, how long the program lasts. What will be the total cost to earn your degree or certificate? How much are the additional costs, such as textbooks? Are there scholarships, grants or financial aid available? How often is tuition due? Some schools require you to pay for an entire quarter or semester upfront, making a lump sum due all at once. Other schools allow you to spread out the payments into monthly chunks. If this is easier for you, that might be a better option.

Finally, take a look at the classes themselves. What is the structure of the distance learning course? How do you interact with the instructor and with the other students? Are there videos to watch? Readings? Questions to answer? How long is the course and how much work are you responsible for each week? What are the tests like? Is there a final project or a large paper due at the end? How will you get feedback from the instructor? Are they accessible via email? Do they have office hours if you need to contact them by phone? Many schools can give you an estimate of how much time you will need to invest each week to do well in the course. Make sure you are able to take on this commitment before you sign up.

Distance learning can be a convenient, flexible and less expensive way to complete your paralegal studies. By doing research up front, you can make sure that the program you select is right for you. You want an accredited school that offers the courses you desire at a price that you can afford. With a little hard work and determination, you will find just the right program and be well on your way to becoming a paralegal!

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