The law

What Is Power of Attorney?

admin — Wed, 27 Oct 2010 10:26:47 +0000

This article explains different types of power of attorney, and how to use them and how to limit the powers of agents/attorneys.

What Is Power of Attorney?
A power of attorney is a legal document in which one person (the principal) appoints another person or organisation to act as an agent on his or her behalf, thus conferring authority on the agent to perform certain acts or functions on behalf of the principal.
The person or organization you appoint is referred to as an "Attorney-in-Fact" or "Agent."

Types of Powers of Attorney

General Power of Attorney
This is where you appoint someone, usually for a specific period of time, to make financial or legal decisions for you. If you appoint a General Power of Attorney and then lose legal capacity at a later stage the appointment will no longer be valid and the person you have appointed will no longer be able to make decisions on your behalf.

Health Care Power of Attorney
A Health Care Power of Attorney is a document that allows you to designate a person (an "Agent") who will have the authority to make health care decisions on your behalf if you are unconscious, mentally incompetent, or otherwise unable to make such decisions
A Health Care Power of Attorney is different from a Living Will because it allows you to appoint someone to make health care decisions for you. A Living Will only allows you to express your wishes concerning life-sustaining procedures.

Special Power of Attorney
A special power of attorney allows you to give only specific powers to the person or organization you appoint as your Agent. For example, you could authorize someone to sell a car or a house for you.

Durable Power of Attorney
A durable power of attorney is actually a general, special or health care power of attorney that contains special durability provisions. If you become mentally incompetent while you have a power of attorney document that's already in effect, a durability provision will allow the document to stay in effect.
You can also sign a durable power of attorney document to prepare for the possibility that you may become mentally incompetent due to illness or an accident. In this case, you would specify that the power of attorney wouldn't go into effect unless a doctor certifies that you are mentally incapacitated.

What is Enduring Power of Attorney?
An enduring power of attorney allows you to delegate the management of your affairs even if you're no longer able to understand the implications such as if you become mentally incapacitated. However, an enduring power of attorney can only be given while you're able to understand the nature and effect of the document. There are special rules about the creation of enduring powers of attorney and the responsibilities of the attorney.

Enduring Power of Attorney (Financial)
This is where you appoint someone to make financial or legal decisions for you in the event of you losing, at some time in the future, the capacity to make those decisions for yourself

Enduring Power of Attorney (Medical Treatment)
This is where you appoint someone to make medical treatment decisions for you in the event of you losing, at some time on the future, the capacity to make those decisions yourself

Enduring Power of Guardianship
This is where you appoint someone to make lifestyle decisions for you, such as where you will live, in the event of your losing, at some time in the future, the capacity to make those decisions yourself.

Why Make A Power Of Attorney?
A power of attorney enables a donor's affairs to be managed by a person of their choice when they are unable to conduct them personally, such as if they are ill, travelling overseas or become mentally incapacitated.

Powers of Agent/Attorney
These powers usually include:
• Handling banking transactions
• Entering safety deposit boxes
• Handling transactions involving U.S. securities
• Buying and selling property
• Purchasing life insurance
• Settling claims
• Entering into contracts
• Exercising stock rights
• Buying, managing or selling real estate
• Filing tax returns
• Handling matters related to government benefits
You also have the option to grant the following additional powers to your Agent:
• Maintaining and operating business interests
• Employing professional assistance
• Making gifts
• Making transfers to revocable ("living") trusts
• Disclaiming interests (this has to do with estate planning strategies to avoid estate taxes)

Can I Limit my Attorney's Powers?
You can limit or place conditions on how you want your attorney/s to carry out their responsibilities. For example, you could limit their authority so that they only deal with shares, or they can pay bills, but not deal with your property.
If you do not specify any limits, your attorney will be able to make any financial or legal decisions on your behalf until the appointment is changed or cancelled, or you lose capacity.

Mental Competence
In order for a power of attorney document to be valid, you must be mentally competent when you sign it. This means that you must understand the powers that you are granting to your Agent and the implications of having someone else make decisions for you. If there is any question about your mental competence, it's a good idea to have a physician evaluate you and state in writing that you are competent.
If you have signed a durable power of attorney document, it will either remain in effect or go into effect if you become mentally incompetent.

Deciding Who to Appoint
You need to make this decision for yourself. You can choose any adult to be your agent. You should try to appoint someone who you have grounds for believing is trustworthy and who both knows you well enough, and is objective enough, to make the decisions that are best for you. You should talk to that person first to make sure that he or she is willing to be your agent.

Other people, including family members, can now be involved in ensuring that your best interests are taken into account, even if they are not named as an attorney With a General Power of Attorney and an Enduring Power of Attorney (Financial) you can appoint joint decision makers and stipulate, if you wish, that both of them have to agree for their decisions to be valid.

Appointing more than one decision-maker can help you get a balanced outcome.
However, on the other hand, if you appoint them jointly and they cannot come to an agreement about what to do then a decision cannot be made.

Does My Agent Have a Duty to Act on My Behalf?
Yes. Your agent should only do things that you want and that benefit you. Agents have a fiduciary duty to protect your interests. Agents can be held liable if they don't act in your interests, or if they don't do want you ask them to do.

Signing and Witness
A power of attorney must be signed by the person granting the authority (known as the "Principal"). It must be sign in the presence of witnesses.

Registering A Power Of Attorney
A Power of Attorney must be registered before it becomes effective.

Duration Of A Power Of Attorney
A power of attorney remains in force until:
• it is revoked;
• it is terminated by the death, bankruptcy or insolvency of the; or
• the purpose or time for which it was created has been fulfilled or has passed.
It is also assumed that the agent will be completely honest and truthful with his business dealing in representing the donor. When the attorney/agent is proven to be dishonest and fraudulent, all the things that he has signed – when the power of attorney is still in effect – will be deemed invalid.

Once I Have Created a Power of Attorney Can I Still Act on My Own Behalf?
Yes. The power of attorney gives your agent the legal right to act on your behalf. However, it does not remove the power for you to act for yourself.

Power of Attorney Revocation
A power of attorney can be revoked at any point in time. Usually they are revoked when either the agent or the principal decides that the arrangement isn't succeeding as planned. You can revoke the power of attorney in writing, by telling your agent, or by tearing it up or crossing it out or any other act that shows you want it revoked. Tell your agent that you are revoking the power of attorney. You should also tell your bank and other financial institutions.

Power of Attorney Templates
The General Power of Attorney is often a blanket agreement, but you can create a more specific tailored document using our template.

Net Lawman site has various templates of power of attorney. The templates have been designed to protect your legal rights when you need to hand over power of attorney to another. You can customize the template according to your own wishes. The document available for download is written by expert team of Solicitors and Barristers to ensure your rights are being protected.

You can edit the documents when you need to and reuse it at any time. The templates are useful for long term and short term appointments of power of attorney.

Social Media for Lawyers

admin — Mon, 25 Oct 2010 10:26:18 +0000

Social media is all about developing relationships. Blogging and using social networking sites such as Linked-In, Facebook and twitter allow you to reach a wide audience of potential clients. Many marketers believe it is only a matter of time for the traffic from sites such as Facebook and Twitter to surpass the traffic that their site receives from Google. Opportunities for attorneys to connect and interact with potential clients are endless.

Social Media without a plan or any goals will not yield great results for your campaign. So instead of wasting time you need to come up with a plan and then interact online. One of the best ways to promote yourself and display your expertise online is with a blog. Constructing an informative database of topics in your specific practice area will help build a following and establish your professional presence on the social web. Remember that content is king. Well written, informative and catchy marketing content is liked, read and shared among the web users. Not only will your customers, website visitors, friends and followers talk about your content but they will also share it with others.

LinkedIn is a very important tool that every lawyer should take advantage of. All members of a firm should have online profiles there which include their backgrounds and areas of practice. Another site that must be utilized is Facebook. It allows lawyers to expand their network and reconnect with people, to open up an entire network of potential clients and a great way to get referrals.

Some lawyers might dismiss the potential of social media thinking that it is just about socializing and has nothing to do with business. All online connections, whether they are with friends, other lawyers, or new people you've just met and with whom you share a similar interest have the potential to benefit your career.

People want to hire a person not some kind business seeking robot. While it is important to have a professional business website for your firm, it is equally important for lawyers to develop a uniquely individual online presence as well. Make sure to provide helpful information and remember to talk to people, not at them. Make sure to interact on a personal level and not just advertise like some kind of spamming bot. It is the overlap between the social and the professional that makes a lawyer more likeable, more approachable and more human, and attracts more people to connect with you. Large businesses hire law firms, but people hire other people.

Attorneys who successfully use social media tools to communicate, collaborate and network have a distinct advantage over those who don't. Use online resources to your advantage. Be patient, persistent and positive. Use social media wisely by setting your specific goals and achieve them.

What is Court Reporting Service and Court Reporter?

admin — Sat, 23 Oct 2010 10:25:45 +0000

A court reporter can make a transcript of testimony, meetings, speeches or other verbal discussions. In some places, court reporters also help judges and attorneys in areas of research or organization. Some States require a court reporter to be a notary public, and some States require testing for state licensure.

Aside from documenting and transcribing the provisions and procedure in court, a court transcriptionist should offer various services:

A good quality transcript or reports of all the actions are happened in the courtroom. The stenographer should ideally write in perfect grammar with correct spelling and punctuations. For this reason, the court reporter should have an outstanding knowledge of the spoken and written language.

A quality litigation reporter would probably also know the basic facts of the case they report on. This is so that they can fully understand the proceedings among the lawyers, judge, defendant, plaintiff and the jury, and what charges or complaints are aligned with the accused. This may also assist the reporter to keep up with all the jargon and they may be able to predict what can be said in future proceedings.

Throughout the speech, electronic or stenotype reporting, the reporter can provide service by transcribing each and every one of these in a written format that is legally recognized in court. They need to create a print that can be read.

The reporting services he provides must be fast and efficient, so the reporter should be trained well enough to handle stress and pressure, and maintain grace under pressure.

Court reporting services don't just involve court proceedings, but also outside services. A person who is trained to do court reporting may also be capable to work as a broadcaster and/or webcaster. An individual who can transcribe live TV for disabled people can earn a good salary.

They could also work from home as a freelance reporter, or as an independent reporter. If someone decides to work this way, they are competent to have a flexible schedule, which can be much less demanding and stressful.

If you love and have a good know-how of written and spoken English language, you will do an excellent court reporting. It is an exciting and challenging job. Court reporting also requires that you document the extraordinary skills and ability to make good decisions. Attorney requires all the support he can get from a certified court reporter or a public court reporter to win his case. To sum up, the role of a court reporter is very important when it comes to offering documentation for proceedings, dispositions and court litigation.

Tips to hire a California business lawyer

admin — Thu, 21 Oct 2010 10:25:18 +0000

A business lawyer is a professional who serves business in gaining huge capital and reaching top of its business growth chart. The lawyer is specialized in handling all sorts of legal work related to business. It can be employment contact, merger and acquisition, issues, shareholders, dealer practices, any business fraud, securities and all other task related to a business. In California, business lawyers are very talented and extremely professional. They are dedicated to their client and always faithful towards business growth. In any kind of business activity they take active participation and help clients to do a good business. Many business lawyers work as an independent consultant to the firm or as a legal advisor to federal and state government. The job of a lawyer is to maintain the dignity and professionalism of the business lawyer ethics because he is one who knows all trade secrets about the firm or organization. A good professional helps its client to meet all requirements of business and at times when the business authority is not aware of certain facts and information, it is responsibility of the business lawyer to help his client all business deeds.

For some business organization their business lawyer is their representative to function in any situation. He is the person responsible for all public and private dealings. In general it is believed that a business lawyer helps business to achieve maximum capital gain but some also work to help commercial firm by allowing all employees to sign an agreement to prevent them from starting their own business using the firm's trade secrets. A business lawyer can also handle cases of employees when they are terminated from work without getting their eligible pay. In this case the lawyer handles the case to provide justice to the employee. California business lawyers also work in specialized areas such as labor and employment, business litigation, antitrust and trade regulation, taxes, worker's compensation and others. For any business whether it is new or old a business lawyer is always required to allow it function smoothly. The lawyers is dedicated to help businesses take right decision and also to grow very enormously.

Every business needs legal advice to take right decision for its business and to do so a business lawyer is the perfect personality. The lawyer is there to take care of lawsuits if filed against your business. It is always a better idea that you look after your business and your lawyer will eventually settle the lawsuit. As your business grows the employees figure keep increasing and the lawyer takes care of labor laws so as to avoid unnecessary labor law legal issues. To review the contracts in business is also important. Any business contract must be made with the help of a business lawyer. The lawyers helps in analyzing the right corporate structure for the business. Right corporate structure helps businesses grow very efficiently. This is why you need a business lawyer for your business. Hiring a lawyer is an important decision and you must do it perfectly. Choosing the right person means taking business to great heights.

Requirements for Patent Protection in the UK

admin — Tue, 19 Oct 2010 10:24:37 +0000

There are a number of points which must be considered before applying for a patent for a product or process within the UK.

The following must be ascertained:

1. Whether the invention is functional or technical.
2. Whether the invention is Original. The invention must not have been publicised or made available to the public in any way, anywhere in the world before a patent has been applied for. Publication excludes discussions with patent agents, solicitors or employees at the UK Intellectual Property Office. These dealings are deemed private and therefore will not make the invention public.
3. Whether the invention relates to how something works, what it is made of, what it does, or how it is made.
4. Whether or not there has been any kind of an inventive step.
5. Whether or not the invention has any kind of an industrial use.
6. Whether the invention is capable of being made or used in an industry. It must work in a way which meets established physical laws.
7. Whether or not the invention would be obvious to a person with a good knowledge of the subject.

If the answers to all of the above questions are positive, it is possible that a patent may be secured for the invention.
A patent cannot be obtained for certain things such as scientific or mathematical discoveries, theories or methods. Also there is no patent protection for copyright works such as literary, dramatic, musical or artistic works.
There is no protection for playing a game or doing business, for performing a mental act, or some computer programs; for animal or plant varieties, for any methods of medical treatment or diagnosis or for anything immoral or anything contrary to public policy.

Why You Should Hire a Real Estate Attorney

admin — Wed, 29 Sep 2010 10:31:35 +0000

If you are going to be involved in any kind of real estate dealing it is absolutely necessary that you hire a real estate attorney. Having an experienced attorney on your side can be quite beneficial. Real estate law is quite complicated and the chance of making deadly mistakes is nothing unusual in this sector. Therefore it is a wise decision to have an attorney on your side before signing a document or leasing a property etc. Never sign any document before your lawyer has gone through it and found nothing wrong with it. Your lawyer can read between the lines and save you from signing a contract that can give rise to serious legal issues in future.

Legal issues involving real estate dealings are quite common in places like Hawaii. Therefore the real estate attorneys of Hawaii are well aware of all the laws dedicated to this particular sector. Some of the common areas they cover include the acquisition and sales, leasing, financing, loan modification and foreclosure defense.

Acquisitions and Sales:

Real estate attorney cover this area which primarily involves corporate clients. The attorneys mainly represent their clients in sale transactions involving commercial and residential property and foreclosure law acquisition.

Leasing:

Leasing of property is a crucial matter that should be supervised by a real estate lawyer. The client can be a tenant as well as a property owner. Hawaii real estate laws are quite complicated and an experienced attorney can ensure a smooth leasing procedure.

Financing:

Real estate attorneys also represent lenders and borrowers in a wide range of financial transactions that may include acquisition, bridge and permanent loans, mezzanine lending, letter of credit, development and construction loans, multi-state secured financing and securitized lending.

Loan Modification:

If you want to bring some changes in the terms of an existing loan you should seek help from a real estate attorney. Loan modification usually takes place when someone needs the loan to be more affordable. Since the loan modification process is very complex hiring an attorney will be a wise decision. It is easier to negotiate the terms with legal support on your side.

Foreclosure Defense:

Home is probably the most valuable asset for all of us and nobody wants to loose it. If someone is loosing his or her home because that person is unable to repay the debt a real estate attorney can stop the foreclosure. Even if the attorney can not stop it for ever he can delay the procedure so that the person gets some time to arrange money to repay the debt.

A complete Miami Lawyers search. Premium Law firms, experienced attorney profiles and local legal institutes are registered here. Enlist your Law firm here and get connected to potential new clients.

Personal Injury Lawyer In New York City Offers Appropriate Legal Help

admin — Mon, 27 Sep 2010 10:30:47 +0000

Toronto Injury Lawyers, just like elsewhere in the developed world, specialize in helping injured clients receive compensation. The compensation is however only received by the client when the injury lawyers manage to prove that the accused party or the insurance company needs to pay the client for the injury caused by their either negligence or direct participation.

Personal injury lawyers commonly are consulted by a potential client who has been seriously injured or who has suffered catastrophic injuries as the result of the breadth of negligent conduct, from an auto accident or bicycle or pedestrian or motorcycle accident to medical malpractice. While "liability" in some cases may be simple, such as the auto accident lawyers establishing through witness testimony that the defendant driver ran the red light, the presentation of the damage case in every serious injury case is complex.

Personal injury is something that anyone can go through and there are many possible reasons that can be behind someone being injured. In such circumstances, it is a common enough thing to hire a personal injury lawyer and make a claim against the cause of your suffering and injuries.

When a person has experienced an injury due to the negligence of another party it is a very good decision to speak with a lawyer who specializes in personal injury. Personal injury lawyers are available to assist their clients who have been injured as a result of carelessness of another person or business.

You won't have to worry about getting fair compensation for your injuries if you've got a great personal injury lawyer on your side. Read through 7 of the most important things you should know before hiring your lawyer.

New York personal injury lawyer is a professional who deals with those victims who are suffering due to some accident or an injury. It's the key responsibility of the lawyers to help the victim who has been injured. Lawyers are very dedicated to their client and towards the case and put all their effort to win the case.

Personal injury lawyer LI is a skilled and an experienced professionals who helps his client's to get the compensation for which the injured victim's are entitled. An injured can take his assistance at any point of point and thus can be able to be awarded with the compensation for which he has legal rights.

Injury lawyer is the best source for a person to seek compensation, if he feels that he is entitled to it. There are many lawyers who specialize in this area and you must ensure that you hire the services of the best lawyer to work for you.

NY personal injury lawyer are there to help you in solving out the incident that happened with you. The lawyer will demand for the compensation on your behalf from the defaulter. All the legal procedure will be undertaken and you are entitled to get the justice.

Being prepared is the best way to deal with the injury as well as the legal proceedings the need to be handled after the injury. Personal injury can be the result of accidents and also due to negligence on the part of the doctor. This is known as medical malpractice and the victim is entitled to compensation in both the cases. Birth and brain injuries are among some of the severe injuries which can result due to personal injury or medical malpractice.

Hire reliable immigration lawyers to process your application

admin — Sat, 25 Sep 2010 10:30:05 +0000

Immigrating to the United States is not as easy as visiting other countries. Your application can even be an overwhelming process. In this case, you will need the services of immigration lawyers to guide you in the most complicated situation and help you feel at ease throughout your application process. Hence, the following tips can help you find the right legal counsel for you among all other lawyers out there.

Immigration lawyers should give you honest and detailed assessment of your immigration plea as well as explain to you the alternatives that depend on the current law, including the changes in the legislative and judicial channel occurring at a certain given time. Lawyers knowledgeable with immigration nuances will help you in working and preparing your case. He will also represent you before the administrative agency that handles your application. The lawyer you will hire should explain to the government agency that your application has met the law's requirements. If problems should arise, he or she will be able to give you additional options so that the agency can review you case for appeal.

Immigrating to the U.S. involves a lot of factors especially when choosing lawyers. Currently, there are more than seven thousand practicing immigration lawyers in the United States and the process of choosing the right attorney can oftentimes be tough. Below are some of the qualifications that you need to consider when selecting a lawyer.

You should choose from a number of immigration lawyers who is a member of the American Immigration Lawyers Association or AILA. Lawyers who are members of this organization are the ones you can trust for in-depth and up-to-date information about immigration laws. However, being a member of the AILA does not automatically qualify the competence of a lawyer. You must also inquire how much does your choice of lawyer charge his clients. Most lawyers that handle immigration cases offer flat fees depending in cases such as hourly billing or contingency billing. If you find out that the lawyer you choose requires fees higher than the normal amount, then you should consider trying other lawyers.

Moreover, ask whether the lawyer has established a good name in the community. If the lawyer you choose has authentic reputation, it is presumable that he is competent and good in handling cases like yours. Considering client references can also help you make a good choice when hiring a good lawyer. A reference from a friend colleague is oftentimes a good indication of the calibre of a lawyer. Immigration lawyers typically have a number of subspecialties that include employment, asylum, deportation, family, and others. In this case, you should consider a lawyer with considerable experience in your particular case.

Lastly, you should choose an immigration lawyer who makes sure that he or she communicates with you. The money you pay for his or her services should be compensated with good quality counsel. Open communication is important for you to keep track on the developments of your appeal. Make sure to choose a lawyer who offers quality services to assure you smooth progress and successful outcome of your case.

Read more: http://www.articlesbase.com/law-articles/hire-reliable-immigration-lawyers-to-process-your-application-3308453.html#ixzz109uF4BMp
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Solicitors secure a ‘victory for press freedom’

admin — Thu, 23 Sep 2010 10:29:32 +0000

Solicitors helped secure a massive victory for journalists in the European Court of Human Rights yesterday. The right of journalists to protect their sources has been strengthened as a result of this victory.

The case in effect confirmed the importance of protecting sources that provide information to journalists and that it is a crucial aspect of press freedom. The European Court of Human Rights demonstrated this through overturning a ruling that would have forced Dutch journalists to give police the identities of participants in illegal car races.

The Dutch journalists were investigating street races for a magazine called Autoweek and took pictures of those who were involved but edited the final images to as to hide the identity of those participants.

The police however, were simultaneously investigating the incidents and demanded that the photos be handed over to the themselves so they might pursue a conviction.
"This is a case where people were breaking the law holding illegal street races, but the police officers following the cars didn't bother to jot down registration numbers, relying instead on journalists instead in order to bring people to book," said media lawyer Mark Stephens, who organised an intervention of media and press freedom groups in the case.

"The court's ruling shows that where you have incompetent or lazy policing, journalists are not going to be there to fill the vacuum."

Autoweek, which is published by the Dutch company Samoma Uitgevers, brought the case against the police, initially it caused widespread concern as an earlier judgement from the court appeared to be tightening the previous guarantees for journalists for the protection of sources.

This right to protect sources was initially established in the U.K. in a case that concerned a trainee journalist revealing his confidential source. The trainee journalist from The Engineer magazine was successful in protecting the identity of the person who was giving him details of the financial status of a company.

Legal experts and solicitors say that the European Court has strengthened the law on source protection through this judgment.

"This ruling was an acid test for the court and for media freedom across Europe," said Geoffrey Robertson QC, barrister for the intervening media organisations. "It sets a high benchmark for protection of journalistic materials and will force police and prosecutors across Europe, from Russia to France, to change their practices."

British Nationality

admin — Tue, 21 Sep 2010 10:29:27 +0000

Nationality law has spread too many regulations and most of what is written. This situation changed with the adoption of a British citizen and the state of the rights of foreigners in 1914. It is the first codified law in Great Britain. The British Nationality laws are the most complex in the world because of its former imperial power. There was always a difference in English law between the subjects of the monarchy and foreigners.

After registering a five-year residency in the United Kingdom, a people can have British Nationality recognition. This registration process is very simple, but only certain people can get it.

The people, who do not speak English, use the word of nationality in the local language and they follow the principle of law on citizenship. The nationality can not be changed for at least a generation, but can be adopted to accept a person in a national community. This principle has the potential to create a legal consideration, instead of following the law.

In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948 came into force on 1 January 1949. In 1977, a Green Paper was produced outlining options for reform of the nationality code. This was followed in 1980 by a White Paper containing the government's specific plans for change. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983.

Subsequently, the British Nationality Act has been significantly amended, including:

1) British Nationality (Falkland Islands) Act 1983
2) Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986
3) British Nationality (Hong Kong) Act 1990, which introduced the British Nationality Selection Scheme
4) Hong Kong (War Wives and Widows) Act 1996
5) British Nationality (Hong Kong) Act 1997
6) Adoption (Intercountry Aspects) Act 1999
7) British Overseas Territories Act 2002
Nationality, Immigration and Asylum Act 2002
9) Immigration, Asylum and Nationality Act 2006
10) Borders, Citizenship and Immigration Act 2009