Legal Guardianship Entails Great Responsibility

If you are requesting legal guardianship over an individual, you need to understand that being a guardian is a great responsibility. The probate court oversees the petition process. You need to petition for guardianship with the probate court in the area where the person you want guardianship over resides.

The court where the person resides is said to have jurisdiction over the case. You need to show the person is incapacitated, that is, that the person cannot take care of himself. In many cases, adult children are finding it necessary to ask for guardianship over their aging parents who no longer care for themselves.

But realize that you will have many duties as a guardian. You are responsible for his living arrangements. You need to provide a safe and comfortable place for him to live. You need to choose a place that has the minimal living restrictions. This means if he or she can live well in an assisted living quarters, you will not be allowed to confine him or her to a nursing home.

You will be responsible for his nutrition. You have to realize that many people lose their appetite as they grow older. When elderly people do not eat regularly, they open themselves up to medical complications. There are many liquid diet supplements that are available for elderly people who forget or choose not to eat solid food. You need to meet with his doctor to find out the best source of nutrition.

Of course if you are asking for guardianship of a loved one, no one has to tell you to take good care of the person. But even the most patient son or daughter can be challenged by an elderly parent that does not want to eat, or go to the doctor, or take his or her medication.

You have to at all times remain patient and understanding. There are many professional counselors who meet with guardians to support their decision to be responsible for incapacitated parents or other loved ones. Take advantage of their services.

When you petition the court for guardianship, you will need to submit medical records out ling the degree of incapacity. You will also need to submit sworn testimony of people who agree with your petition. The guardianship might be for the life of the person, or you might petition for a time until the person regains capacity.

Once you are awarded guardianship, you will need to provide the court with updates about your care. You need to provide evidence that you are in fact taking care of the individual. Before you are granted guardianship, the court will appoint an independent, temporary guardian who will meet with the person to determine the need for guardianship. Once everything is in order and approved by the court, your legal responsibility begins.

Estate Planning – More than just a legal will

Estate planning represents the best way of protecting your assets from the whims of financially irresponsible relatives, excessive government taxation, and dissolution of your assets by the normal laws of succession in the state or country concerned.

When people think of Estate Planning, they generally think of legal wills. Estate planning is not just a will, although it does involve writing one. Rather, it’s a series of legal steps that involves allowing your beneficiaries to avoid probate and minimize the taxes incurred, and for you to write a living will in which you nominate trusted associates who would assume power of attorney and executor status should you be incapacitated or die. Estate planning also allows you more direct control over how your assets will be treated when you’re gone.

One of the most important parts of any estate plan are measures to avoid too much of the estate’s worth being lost to taxes. In the United State and abroad, dying can attract a number of specific taxes from both State and Federal governments, like death tax and estate tax. The simplest way to minimize estate tax is to name recipients of funds or assets from your estate in your legal will, specifying that a certain amount should be given as a gift. Provided your lifetime tax-free gift threshold of $1 million is not exceeded, these portions cannot attract any taxation.

An important part of any estate plan is the inclusion of a living will. A living will is not usually considered a legally binding document, however, it is given consideration if you are ever incapacitated and left unable to carry out your legal rights, or make decisions. While the living will itself may not carry much weight, you can nominate someone to assume your enduring power of attorney (EPA). If you are unable to exercise the living will as a legally binding decision, your enduring power of attorney can only be challenged by a court.

The will itself is the most important part of any estate plan. If you should die without writing a will, the specific laws of your state will determine how your assets will be divided following probate. Additionally, with no prior planning of where the assets should go on the event of your death, your estate is likely to be taxed the maximum possible amount. Where no will is present, the spouse is likely to keep one third of the value of the estate with the remainder to be distributed evenly among children.

An estate plan enables you to stipulate, for instance, that if your children receive an inheritance, the property is given to them personally and not, for example, to the child’s spouse. Should your child ever divorce, then the value of any inheritance received would not have to be shared in any divorce settlement, as it would not be a shared asset of that marriage.

One of the more important aspects of estate planning is the protection it can provide your assets. Typically, after a person passes away their family sells the assets that were left to them and divides the proceeds among themselves. If, however, you have a company or significant property holdings, you may wish to prevent the breakup of any of these assets, judging them to have more value whole compared with their value after being broken up.

Estate planning allows very specific instructions for how such assets should be treated if you wish to prevent this asset division from happening. For example, you can specify in your will that you require that your business be run by a family trust whose members and membership requirements you specify. It is not uncommon for people to wish to leave behind some legacy when they’ve gone, and the establishment of a family trust to ensure your assets are managed properly by a family member is a good way of ensuring it.

Another common request made is for a trust fund to be established as a scholarship fund or similar. Again, with a proper estate plan, it is possible for a benefactor to specify who a scholarship fund is for, and who is allowed to sit on any board or committee it relies on to pick a recipient.

Estate planning is the method by which specific instructions may be given in advance on how to manage your affairs should you become incapacitated or die. Estate planning represents the best way of protecting your assets from the whims of financially irresponsible relatives, excessive government taxation, and dissolution of your assets by the normal laws of succession in the state or country concerned.

** About the author :

To avoid the costly probate process, have your questions and concerns addressed. Melcher’s Law firm has over 30 years experience in wills, trusts, estate planning, and probate administration. http://www.melcherslawfirm.com

The Ins And Outs Of Road Legal Quads

You may have heard of the quad bike, but not of the road legal quad. This is understandable, as not that many people know of the fact that quad bikes can be used on the roads (as long as they fulfil certain requirements).

A quad bike, also commonly known as an ATV which means all terrain vehicle, is a four wheeled vehicle that is commonly used on off road courses, in a racing format. They were originally designed to be used in situations where the use of a car would be unsuitable, due to their bulky and non manoeuvrable nature. Therefore, something with the manoeuvrability of a motorbike, but with the added stability of a four wheeled vehicle was needed.

Farm use

The quad bike was designed to be used in farm or heavy duty situations, with powerful engines and rugged wheel styles. This made them extremely popular for use on mud tracks, where they gripped despite the lack of racing track; this meaning that they could be used in almost any field or forest environment.

It is advised that one wears all the correct safety gear when driving a quad bike, due to the fact that they are heavy duty vehicles with large engines. They often have the power of a motorbike, and so care must be taken when using one. It is advised that a helmet is worn at all times, as a complete minimum safety requirement. Secondly knee and elbow pads are strongly advised, in order to be safe in case of falling off the quad bike; despite their high stability on four wheels, they can always flip when going round a corner. Finally, goggles are a good idea if you are working on a farm environment, or if you are tackling a mud track, as dirt that is flicked up by the bike can damage the eyes irreparably.

Road legal conversions

You may think that mud tracks are the limit to your fun on a quad bike, but you would be very wrong. There is the relatively new concept of the Road Legal Quad to also consider. While it is technically possible to convert an existing quad bike into a road legal quad, it is not advised, as it can cost a lot of money and is time consuming. In fact it can cost more than purchasing a new road legal quad, so it is not generally advised.

Guide to Purchasing Legal Time and Billing Software (Part 1 of 3)

Legal software purchasers beware! The sticker price of a software package may look like a bargain. But if you base your choice of law office billing software on price alone, your final costs may add up to an unpleasant surprise. >

Regardless of the ease and purpose of the legal software you’re choosing, or your own skill with technology, it’s important to grasp the price of ad hoc services, charges and other add-ons that make what sounded like a bargain a very bad deal indeed.

First, consider that all law office software requires the following:

Software Training . Training teaches you, your fellow lawyers, and your staff a) the major features, b) how to adapt technology for your particular need c) the bells and whistles of your new legal software.

Say its legal time and billing software . Everyone that will use this software to enter their time tracking, setup matters, billing, payments, special rates and discounts, and the like (we’ll refer to them collectively as -administrators-) must be newly trained. Cumulative and repetitive training can be both time-consuming and expensive.

Software Setup . You’ll need to set up your new legal billing software on all employee workstations. Again, cumulative setups-for new workstations, new attorneys, etc.-can get time-consuming and expensive.

Practice Customization . Customizing your new software to the needs of your specific law office, practice, and state bar requirements is essential. We will cover attorney billing software customization specifically in another post this month.

In our next post, we’ll talk about the hidden costs of the above services.

Author Bio

Easy Soft specializes in helping law firms automate their processes, streamlining repetitive tasks and work flow. Practice management software such as law office billing software and legal time and billing software.

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