Power of Attorney is a legal document where one person authorizes another to act on his/her behalf. It allows that authorized person to manage business and/or financial affairs when one person is no longer able to do so. It may be required due to illness, overseas travel or mental incapacity.
Why is it important to organise a Power of Attorney? Should you be considered incompetent to deal with your finances – you need somebody else to be authorised to deal with your affairs. A Power of Attorney document allows you to choose the person, with defined authority and limits if desired, the power to protect, or re-arrange, your assets.
The person named in a Power of Attorney to act on your behalf is referred to as your “agent” or “attorney-in-fact.” With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.
If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act on your behalf. Usually referred to as guardians, conservators, or committees. If a court proceeding is required then you may not have the ability to choose the person who will act for you.
By executing a Power of Attorney for Finances (also referred to as a Durable Power of Attorney for Finances) you can decide who you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or agent) to make, including which accounts he/she has access to and the types of decisions he/she can make.
A Power of Attorney for Health Care allows decisions to be made specifically on what kind of treatment the person wants, based on their medical condition.
A Living Will in some ways duplicates the information in the Power of Attorney for Health Care. It is a separate document that lets your family members know what type of care you do or do not want to receive should you become terminally ill or comatosed. It can also cover situations in which a person may survive but is not capable of making their own medical decisions.
It can be a directive stating that there is to be no heroic measures to keep the person alive when there is no realistic prospect of any meaningful recovery.
An Enduring Power of Attorney is a legal document authorizing a named person or people to act on your behalf. Subject to certain conditions it continues in force until death.
Guardianship is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward). A family member or a friend can initiate the proceedings by filing a petition in the probate court where the person lives. A medical examination by a licensed doctor may be necessary to establish the person’s condition. A court of law will then determine whether that person is unable to meet the essential requirements for his/her health and safety.
As long as you are alive you have the power to revoke the Power of Attorney. To do this you must contact your attorney-in-fact to advise that the Power of Attorney has been revoked.
You can also specify a date that the Power of Attorney will expire.
A Power of Attorney is also important for unmarried couples, who live together, when a partner becomes incapacitated and unable to make decisions. When this occurs the law usually assigns the incapacitated person’s next of kin as the decision maker. With a Power of Attorney, unmarried couples can give their partners the power to make decisions.
By: Gay Redmile
Posts Tagged ‘Attorney Legal’
What is Power of Attorney?
December 8th, 2009How to Find a Good Attorney
November 12th, 2009
How to find a good attorney is a question on everyone’s mind when in need of a lawyer. And it’s difficult for an ordinary person to know how to find a good attorney. The legal profession is just like any other profession where you have good, disciplined and honest members as well as bad, not disciplined and dishonest ones. And in the legal profession, unfortunately, only fellow attorneys and judges know who is who. That leaves us, the ordinary people, to learn as best as we could on ways of how to find a good attorney to represent our case.
When faced with a legal issue that requires lawyer’s participation, the only thing worse than not having a lawyer is to have a bad one. However, the “good” and the “bad” labels are a subject to a personal judgment. As mentioned above, while only fellow attorneys and judges know who is the good, the bad, and the ugly attorney, in the ordinary human world, two people could share a totally opposite opinion about one attorney who represented both of their cases. It’s all based on the results that the attorney was able to obtain for them and whether the clients’ expectations were met or not. This leads us to a conclusion that when we have a lack of resources to evaluate our prospect attorneys, we need to depend solely upon our individual judgment to pick a good attorney for our case.
On the other hand, there are ways to at least sense a bad attorney. Wait! Isn’t it the subject of this article “How to find a good attorney”? Indeed so. In order for you to know how to find a good attorney, you need to know how to at least sense a bad one. Let’s touch up on some basics.
1. Very simple. If you need to file for a divorce, would you call a criminal lawyer? Of course not. That’s a bad lawyer for your case. On the same note, if other than a divorce lawyer is offering to handle your case, you would say no. You immediately know that a good lawyer for your case would be the one who has expertise in whatever legal issue you’re facing.
2. You somehow find a lawyer that has the expertise in your problem area and you make a contact with him or her. But, it takes that lawyer a week or two to get back to you. That attorney may not be a bad lawyer but he or she may be overbooked with other clients and does not have enough time to give the needed attention to your case. That’s a bad lawyer for your case. That attorney needs to immediately tell you that because of their current work load he or she wouldn’t be able to handle your case. But if he or she doesn’t tell you that, you need to immediately dismiss that attorney and look for another one who can give you the needed attention.
3. Here comes the bad one. It is highly unethical for a lawyer to pay a referral fee or a bonus for “leads” on new cases. (Depending on state law, a referral fee sometimes may be paid to another lawyer, but it needs to be disclosed to the client). Some of the profession’s “bad apples” may still engage in the practice of paying “runners” for tips on new clients. So if a stranger (or even someone that you know) seems excessively persistent that you need to see a lawyer, or just happens to have a supply of the attorney’s business cards, look out! This is not the kind of person who deserves your trust. On the same note, if you bump into a lawyer who does not take his or her time to understand your case but is also excessively persistent that you need to hire him or her, look out!
Now, let’s cover some basics on ways of how to find a good attorney.
1. One of the best ways on how to find a good attorney is to ask someone whose opinion you trust; another lawyer, your accountant, banker, coworker, family friend, business acquaintance. These are the people that you trust and you know that they wouldn’t refer you to a bad lawyer if they happen to know one related to your legal need.
2. If the above doesn’t work for you, you could always call a company that may be represented by a lawyer of your need. For an example, if you’re looking for a real estate lawyer, call a title company and ask them who they use. If you need a collection lawyer, call a collection agency. But, if your issue is pure personal, ask anyone who you trust, who has recently been through a lawsuit, and who is very satisfied with their lawyer. Even if that lawyer is not the right one for your case, you know that you’re contacting a good lawyer. Call that lawyer and explain that you couldn’t find an attorney on your own and ask him or her if they could refer you to the appropriate attorney for your case. Lawyers are the best source of information about other lawyers. And a good lawyer will always refer you to another good lawyer who could handle your case.
3. And last but not least on how to find a good lawyer, call your local or state bar association and ask them to refer you to a lawyer who is in good standing with the bar. Also, always check with your state or local bar association if your prospect lawyer has ever been the subject of an ethical complaint or inquiry.
To sum up the ways on how to find a good attorney, the primary considerations in selecting an attorney needs to be whether you feel comfortable with the attorney selected, and if you are confident that the attorney is competent in his or her field of expertise. You must feel very comfortable with the attorney and must feel confident that the attorney selected is the one who can capably handle your needs. Make sure that you interview two or three lawyers before making a decision on which one to retain. Ask yourself when interviewing a lawyer: “Do I feel comfortable talking to this lawyer, and am I confident in his or her abilities?” If the answer is anything other than a definite “yes,” you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
By: Steve Dimeck
Attorney Fees – Part 1 – Legal Fees and Fee Agreement
November 3rd, 2009
Understanding the attorney fees would help you control your finances a whole lot better and help you make better financial decisions when working with your lawyer. The attorney fees could get substantial, and if you don’t fully understand them your bank account would very soon. Before you enter into a legal agreement with your chosen attorney, it would be in your best interest to have an understanding of the attorney fees so you can build a strong client-attorney working relationship with your lawyer without any financial disputes, which on the other hand would help your lawyer fully focus on your case. Provided here are overviews of attorney fees that you may expect when hiring a lawyer. But this is just to inform you. Always clearly communicate with your attorney the legal fees that apply to your case and don’t stop asking your attorney until you gain a full understanding of the legal costs that you will be responsible for.
Legal Fees
Some attorneys who enjoy higher reputation may charge more than the ones who don’t. But, those well-reputed lawyers may get the work done faster. The keyword here is “may.” That’s because lawyers consider several factors when setting their fees. It depends on how complicated your case is and the amount of time it will take to resolve the matter. Even though the trial itself may not take that long, researching the law, gathering the facts, interviewing witnesses, preparing all the needed documentation and arguments for the trial may take days, weeks and even months. In some cases unexpected developments may take place that will complicate your situation even further, which would result in higher fees.
You need to feel comfortable when discussing fees with your lawyer. Actually, you and your lawyer can negotiate almost any type of fee agreement. Besides the fee that you may pay for your first meeting, your lawyer could offer you a fixed, hourly, retainer, contingency, or a statutory fee. In addition to that, the same lawyer might charge more for the time spent in the courtroom than for hours spent in the office or library. But, you can agree to any one or a combination of these fees. The most common billing method is to charge a set amount for each hour of time the lawyer works on your case. What will work for you is what you need to discuss with your attorney and find a medium that will work for both of you. Don’t forget that your main goal is winning your case. The fees need not to spin you out of focus that may result in losing your case. On the other hand, if one attorney is not willing to meet you half way in regards to your ability in making the payment, consider talking to another attorney.
Fee Agreement
You need to get your fee agreement in writing. By law, contingency fees and non-contingency fees anticipated to be $1,000 or more must be in writing. But, it’s best to get any fee arrangement in writing no matter the amount because it provides a written record. This way, both you and your lawyer will know what to expect from each other as you work together on your case. Also, it steers clear from any confusion and misunderstanding that may affect your outcome. Try to avoid making oral agreements. But if you do make one with your lawyer, make a written note of it.
Your fee agreement needs to include what services are and aren’t covered under that agreement as well as the type and amount of fees you will be expected to pay. Also, the agreement might spell out your obligations as a client, as well as how the court fees and miscellaneous expenses will be handled. It could explain the attorney’s billing practices and state whether the lawyer is going to add interest or other charges to unpaid amounts. The lawyer may have a pre-printed fee agreement for you to sign. However, nothing is set in stone. You can always ask the lawyer to change parts of the agreement or make up a new one especially for your situation. If you’re not sure what to ask your lawyer regarding your fee agreement, feel free to bring some one with you at your initial meeting to help you out.
Do not sign the agreement if you don’t fully understand it. Also, do not sign it if something you have requested is not included or vice versa. You need to read it and fully understand it. Once you sign it, you fully agree to it. That’s important because if you have agreed to (signed) something that you “didn’t really agree” (as a result of not reading the agreement), or didn’t want, or didn’t fully understand, legal fees can add up very fast and cost you an arm and a leg. When you get your bill, it’s too late. Every story that you can read about people complaining against their attorneys regarding fees, it’s because the client signed up to something that they didn’t fully understand. Or, they’ve made oral agreements with no record.
Fee Arrangements – covered in Part 2 of this article.
Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you.
This is Part 1 of this 4-part article. Please refer to the other 3 parts to read this article in full.
By: Steve Dimeck