A medical power of attorney is a legal document that allows you to select another individual to make health care decisions for you on your behalf if or when you become unable to make them yourself. The individual you choose is responsible for health care decisions and not financial decisions as with a regular power of attorney. The following information will help you understand the difference between medical power of attorney duties and regular power of attorney duties, as well as provide information for other questions you may have.

• What kind of health care decisions would be made under medical power of attorney? Under a medical power of attorney, the individual you select has the power to make certain decisions regarding your health. However, you do have the right to limit the certain types of decisions he or she can make. These decisions may include the ability to give, withhold or withdraw informed consent to any type of health care involving any and all medical and surgical treatments, psychiatric treatment, nursing home care, hospitalization, home health care treatment, organ donation and life support decisions.

• What is the difference between a medical power of attorney and a living will?

The difference between a medical power of attorney and a living will is that a living will is a document of decisions you made for yourself. It informs doctors and hospital staff that you do not wish to be kept alive on life support if there is chance of recovery. A medical power of attorney gives someone else the authority to make those types of decisions if you unable to make them yourself. The sole purpose of a medical power of attorney is to deal with situations in which you cannot predict. It is impossible to decide in advance what choice you would make in certain medical situations. The medical power of attorney allows you to choose an individual whom you trust to make these kinds of decisions.

• If I have a medical power of attorney, do I need a living will? Yes, you do. The individual you choose to be your medical power of attorney must follow any stipulations stated in your living will.

• When would I need a medical power of attorney? You would need a medical power of attorney only when you become unable to make health care decisions for yourself. For example, if you are become unconscious after being involved in a serious car accident and are in need of transplant of some kind, a medical power of attorney can consent to the operation.

• Does a medical power of attorney allow someone to make decisions for me if I am still able to make my own? No. The person you choose as your medical power of attorney has no authority unless you become unable to make your own health care decisions.

• Can I choose my doctor to be my medical power of attorney? No. Your doctor cannot serve as your medical power of attorney under the law.

You’ve heard the phrase “power of attorney” before. But do you really know what it means? At some point in your life, you may have to create a power of attorney. It is best to stay informed and educated about what this means, and how it can benefit you.

A power of attorney is basically a written text where you allow someone else the ability to make certain choices when you’re not available. Because of the phrasing, you may think that “power of attorney” means to give all of your power away to your lawyer. This is a common misconception. The word attorney does not mean that the person named in the document needs legal experience. The person you select is referred to as an “agent” or as a “attorney-in-fact.”

Implementing a power of attorney doesn’t mean that you can not make your own decisions, it basically means that someone else can act on your behalf. For example, if you are put in the hospital, and you need someone to pay your bills or cash some checks for you, this agreement could come in handy. You are simply sharing your power with someone else. As long as you are coherent and able to make these kinds of choices, the other person must follow through.

Another type of power of attorney exists for those who become incapacitated and aren’t able to make decisions concerning their own financial affairs. This type of power of attorney is called durable power of attorney. “Durable” simply means that your agent can act on your behalf if or when you become unable to do so yourself. The agent is required by law to make the best decisions for you – both financially and physically. By enacting a durable power of attorney, you are allowing the agent to spend your money, deposit checks, cash checks and withdraw money from your bank account. The agent can also sell your property, enter into contracts on your behalf and pursue insurance claims and other legal actions. A lawyer or a notary republic should witness the durable power of attorney document before you enact it. If you do not establish a this type of agreement and become mentally unstable or unfit, a court might do it for you.

The appointed agent should maintain separate and accurate records of every transaction, and make sure these records are kept readily available. The power of attorney is considered null or void upon your death. Your will governs the handling of your estate.

If you become uncomfortable with the way the agent is handling your affairs, you can revoke his or her authority under the power of attorney at any time. Therefore, it is best to choose an agent who you are familiar with. In the end, you aren’t really giving your power away. You are simply having someone use your power for you.

What is a prenuptial agreement?

A prenuptial agreement, known casually as a “prenup” is a contract that two people sign before they get married.  The purpose of this contract is to single out the rights and benefits between individuals who are planning to marry and to settle questions of property distribution, alimony, inheritance matters if the marriage ends with a death, separation, or divorce. It allows the individuals to protect their own assets that they had acquired before the marriage.

Should I seriously consider a prenuptial agreement?

Unfortunately, less than 50 percent of all marriages end in divorce. It’s like flipping a coin. That is why a prenuptial agreement is considered to be smart financial planning. Marriage isn’t only a symbolic union of love and appreciation; it’s also a union of financial assets. A prenuptial agreement can help protect the financial well-being of the marriage, as well as protect the assets of both individuals. 

How much does it cost?

You can expect to pay anywhere from $700 to $800 for an attorney-prepared prenuptial agreement. This cost is also based upon the difficulty of the couples’ finances and the amount of negotiation involved needed to reach an agreement. Additional costs may apply depending on the assets involved. 

How should I discuss a prenuptial agreement with my partner?

If you are considering a prenuptial agreement, discuss it as early as possible with your partner. The topic shouldn’t be taboo if you and your partner have been open with each other about serious issues such as marriage, financial responsibilities or children.  Be upfront as to why you believe a prenuptial agreement is important and that you’d like to explore the option further.

 Does wanting a prenuptial agreement I don’t trust my partner?

No, not necessarily. A prenuptial agreement is usually based on practicality rather than a lack of trust.  Older couples that marry a second time simply want to protect their children. Younger couples may feel that a prenuptial agreement will protect them later on if the marriage does not work out. Prenuptial agreements are normally used by those individuals who are wealthy and have many additional assets.

 When is a prenuptial agreement enforceable by law?Prenuptial agreements are governed by state laws and vary from state to state. An agreement is enforceable by law if:• It is in writing and signed by both individuals before marriage• It is voluntary and not ridiculous (a prenuptial agreement that is so one-sided and unfair that no person in his or her right mind would sign it without being persuaded or pressured to do so)• There was a sufficient amount of admittance of each individual’s financial information, or that admission was waived• The enforcement of the prenuptial agreement would not fundamentally abolish all of one individual’s marital rights• To avoid the look of intimidation, the agreement was signed as early as possible before the wedding took place• The agreement is fair and does not leave anyone without financial means.

If you are being sued in small claims court, you have the right to file a counterclaim against the plaintiff. This is the law in every state. A counterclaim gives the judge the position to decide claims presented by both parties against each other one at a time. If you think that you may want to file a counterclaim against the individuals who are taking you to court, the following steps will help you along in the process:

• Check your state laws. Check your state laws regarding counterclaims. This information can be obtained on the court’s website or at the county clerk’s office. Some states require that the defendant respond to or answer a claim. At this time, they may file a counterclaim. In other states, a defendant simply has to follow the same procedure for filing a regular claim.
• Consult an attorney. Many people go to small claims court without consulting an attorney. This isn’t the smartest idea. An attorney can help you prepare your case and create a sound defensive strategy for you. In some states, you may even be allowed to have an attorney represent you in court.

• Develop evidence. The key to winning a small claims counterclaim case is to convince the judge that your version of the facts is the truth. Back up your oral defense with physical evidence and eyewitnesses. Gather any and all paper evidence that substantiates your claim such as written contracts, canceled checks, photographs or e-mails.

• File the proper forms. Make sure that you file the proper forms regarding a counterclaim. In most states, you will receive a form that must be returned to the court along with your notice to appear. On this form, you can accurately state your counterclaim against the plaintiff. Other states have specific counterclaim forms that you will have to fill out separately.
• Keep an eye on the timeline. Watch your timeline for the case because you must file the counterclaim within a certain number of days after being served or before the hearing commences. If you require more time to prepare your case, you can ask for a new court date when you file your counterclaim.

• Practice makes perfect. Practice your case with friends and family before you go to court. You will be asked to make a clear and logical presentation as to why your counterclaim is valid. By practicing this before hand, you can ease your nerves, develop a concise explanation and fix any holes you may have in your claim.

Remember that the counterclaim must be related somehow to the same incident as the original claim. Counterclaims are often filed in order to provoke a settlement or to reduce the amount of the original claim filed by the plaintiff. If the counterclaim is more than the state’s legal limit for small claims, then it must be made in a regular court of law. In this case, most states will simply move the entire trial to a higher court.

Sometimes, even small disagreements cannot be resolved amicably. Whether you’ve loaned someone money, are owed money or are seeking a fair resolution to a situation in which numerous complaints have been filed, small claims court could be an option for you to consider. The appeal of small claims court is that issues are resolved rather quickly and, as a result, you can collect the money you are awarded faster.

If you are considering small claims court, the following tips will help make it worth your time:

• What is a small claim? A small claim is a small financial dispute in which one party or individual has suffered some kind of monetary loss at the hands of another party or individual. These claims cannot exceed the maximum dollar value, which varies from state to state. This limit normally ranges between $3,000 and $10,000.

• Can I settle the matter myself? First and foremost, see if you can’t resolve the matter yourself. Especially if the dispute involves a friend or a neighbor, because these issues can sometimes be talked out. If talking doesn’t get you anywhere, try writing formal letters to the person or company in question. Keep copies of all correspondence for your personal records. Suing isn’t always the best answer to solve disagreements. Make sure that you aren’t indirectly causing the dispute by your own actions before you proceed.

• Is the claim cost effective? Small claims court cases are resolved quicker than regular court cases. They are also cheaper. Even if your case is slightly over the maximum dollar value, you may want to consider taking it to small claims court instead because you won’t have to spend additional money on lawyers and other court fees.

• Do I need to present evidence? As with any court case, the evidence will weigh heavily on the outcome. It is extremely important for you to gather all relevant receipts, contracts, legal documents, leases, written estimates, written agreements, paid bills and cancelled checks that are relevant to your case. Before and after photos are also effective. Be sure to present all of your evidence calmly and with confidence, and speak clearly.

• What can I expect? Small claims court hearings usually take place within a month or two after you have filed your claim. Court proceedings take 15 minutes or less. Dress appropriately. Even though small claims court cases tend to be more relaxed than regular court cases, you don’t want to give a bad impression. Be prepared — have all of your witnesses and sufficient evidence at hand to support your case.

If you do go to small claims court and win your lawsuit, be sure to ask the judge to have the defendant cover your filing fees, court costs and any other fees associated with the dispute. If not, you may end up paying out more than you get back. Remember, taking your dispute to small claims court is supposed to be worth your time not a waste of time.

You should always make sure that you have your driver’s license on you whenever you are operating a motor vehicle. Driving without your license isn’t just a minor traffic violation and should not be compared to that of a speeding ticket. It is a serious criminal offense and penalties can be severe depending on the laws governing your state. For example, driving without a license in New York is considered a misdemeanor and is punishable by a fine up to $500 and imprisonment for up to 30 days. In Illinois, you can have your driving privileges and right to apply for a license revoke for driving without a license.

If you don’t get a new license after moving to a new state, you could also get into trouble. As soon as you move to a new state, apply for a driver’s license. The timeframe within which you are required to change your driver’s license is different in every state. If do not do so in a timely fashion, your old license will be considered void and you will become an unlicensed driver. Don’t wait! Apply for a new driver’s license as soon as possible to avoid any penalties.

Don’t ever allow an unlicensed driver to operate your car or vehicle. Some states enforce serious penalties if an unlicensed driver is caught driving your own vehicle. For example, you can be put in jail and ordered to pay a large fine in Florida for this offense.

Unlicensed driving remains a serious problem in the United Sates. Over 10 percent of the drivers involved in fatal crashes are caught without a valid license, and approximately 20 percent of all fatal crashes involve at least one of these drivers. Driving without a license undermines the effectiveness of the driver licensing system by preventing the allocation of “points” and reducing the impact of license loss. People tend to think that unlicensed drivers drive more cautiously because they are afraid of getting caught by the police, but this isn’t necessarily true. There is also a growing number of statistics linking unlicensed driving to high-risk behaviors such as drunk driving, speeding, failure to wear seatbelts and other hazardous driving habits. Crashes involving drivers who do not have a valid license are also more brutal than those involving licensed drivers, resulting in higher rates of fatality and serious injury. This is most prevalent amongst those drivers who have never obtained a license in the first place and those who have had their driver’s license suspended for criminal related charges.

Lawmakers are cracking down on people who are arrested for driving without a license; therefore you will most likely need a lawyer if you are caught driving without one. Depending on the state and the charges you are facing, he or she can provide you with sound legal advice in order to deal with the charges. Driving without a license isn’t worth the risk. Have with you at all times, especially if you are planning on driving anywhere.

The first thing you need to do when you buy a motor vehicle is purchase auto insurance. Auto insurance will protect you when or if you are involved in a car accident. Having car insurance is just as essential as a driver’s license. Driving without insurance is considered one a serious violation. Mandatory penalties regarding this specific traffic violation are stiffer than the punishments for driving under the influence or marijuana possession. These penalties vary from state to state.

Much like other crimes, you can’t use the “I-Didn’t-Know” strategy in court. If you can’t come up with a policy that proves you were insured when the offense occurred during the trial only proves the assumption that you were uninsured when you were initially charged. However, it can also be hard for the prosecution to prove that you were driving uninsured in order to ensure you suffer the penalty. For example, the prosecutor must prove that the insurance was cancelled and possess the notice you got in order to prove that you are guilty. Regardless, you should never use a vehicle you know isn’t insured just as you should never drive without a license. There are too many risks involved.

In every state, drivers are required to demonstrate the ability to pay up to a certain amount to cover their liability if they are involved in an accident. These particular laws are often referred to as “financial responsibility” laws because all states require some form of proof of financial responsibility. Laws in most states differentiate between driving a vehicle that is not insured and driving without proof of insurance. Penalties for first-time offenders for driving without insurance can range from a $100 fine to having your driver’s license suspended for one year.

Obtaining car insurance is relatively easy. Insurance companies generally do a strong background check of your previous claims and your driving record. They will also check to see whether or not you have been given any citations over the years or been involved in lots of collusions. You may have more trouble getting car insurance if you do not have a perfect record. Some insurers might even deny your application because they don’t have to cover you if you present an excessive risk to their company. Other insurers may issue you a policy but it may be at a higher premium than they charge someone who is not considered high-risk.

There are actually some insurance companies that specialize in drivers who pose a higher-risk. You may have already seen or heard their ads on media outlets. The bottom line is that you should always be able to get some kind of insurance coverage for your vehicle. There is no excuse why you should be driving without insurance. If you have trouble obtaining insurance coverage, contact an insurance agent for more information. He or she can help guide you in the right direction.

We’ve all done it. You’re in the car, the cell phone rings and you pick it up without evening thinking twice. Or, you’re speeding down the highway while simultaneously carrying on a detailed conversation on the phone with your best friend. Either way, it’s dangerous. Talking on your cell phone while driving is considered a distraction. Many accidents are caused by people who look away from the road for a fraction of a second, sometimes to answer a phone call. Because of this, driving while talking on a mobile phone is extremely controversial.

There is plenty of evidence that using a cell phone while driving contributes to car accidents and fatal crashes. Accidents involving careless driving, or someone who was distracted by talking on a cell phone, are being prosecuted as negligence similar to driving while intoxicated. Legislation to restrict mobile phone use had been proposed or enacted in 40 states thus far. Connecticut, New York and New Jersey prohibit talking on hand-held cell phones while driving. According to certain studies, however, current laws banning cell phone use in New York and Connecticut have proven to be infective due to a lack of enforcement. It is far to easy for people to hold the phone down when they see a cop drive by, and subsequently, far too hard for a cop to spot a driver using one.

Interestingly enough, in May of 2007, Washington became the first state to ban text messaging while driving. As of today, as many as 40 countries may restrict or prohibit the use of cell phones while driving.

Cell phones play an integral role in our society — they keep us connected. But the convenience they provide must be weighed against the dangers that they pose. According to the U.S. Department of Transportation, careless driving accounted for 6.4 percent of crash fatalities in 2003. This kind of careless driving includes talking, eating, putting on make up and attending to children while operating a motor vehicle. Using mobile phones and other wireless technology (including hands-free devices) are also considered distractions. The National Highway Traffic Safety Administration recommends that motorists use cell phones while driving only during an emergency. They estimate that at any given moment during daylight hours, 8 percent of all drivers are talking on a cell phone. Drivers talking on cell phones are almost twice as likely to get into crashes and cause rear-end collisions. The NHTSA is developing a campaign to help educate motorists on the dangers of cell phone use while driving.
Though it may not necessarily be illegal to talk on a cell phone while driving, you still should try refrain from doing so. Motor vehicle accidents are primarily caused by distractions, second only to drunk driving. These are all preventable accidents. Don’t drink and drive, and while you’re at it, don’t “call and drive” either.

To find out the cell phone restrictions in your area, visit your state’s Department of Transportation website or contact the National Highway Traffic Safety Administration.

Unfortunately, traffic violations are a common occurrence. Whether it’s changes lanes without using a blinker, running a stop sign or speeding — everyone is guilty of violating a traffic law and one time or another. Though some traffic violations are far worse than others, it’s best to abide by the rules of the road. By doing so, you avoid car accidents, traffic mishaps and encounters with the police. You’ll also avoid such questions as these:

• What is a traffic ticket? A traffic ticket is essentially a summons issued to a person who has violated one or more traffic laws. The ticket is either given by a police officer or another authorized government official. If you are given a ticket, you may be required to appear in court before a judge depending on the severity of the violation.

• What should I do after I receive a ticket? If you have been given a ticket for a traffic violation in which you are guilty of, it might be best to just pay the fine. For instance, if you were caught speeding and you were, in fact, speeding. If you are certain that you are innocent of the violation, jot down some notes regarding the time and place of the incident as well as the circumstance involved. Then you can argue the ticket in court. This decision should be based upon all of the factors regarding the traffic ticket in question.

• What happens when I receive “points” on my license? Many states have a point system in which they assign a point value to each traffic violation. The greater the violation, the greater the point value. For example, speeding would carry a higher point value than running a stop sign. If you accumulate too many points on your license within a given time frame, you may lose all driving privileges and your driver’s license could very well be suspended.

• If I go to traffic school, can I have the “points” removed? Some states offer educational classes to help reduce future traffic violations. An educated driver is often a safe driver, so some states will let people plead guilty to minor traffic violations, pay the fine and go to traffic school. Traffic school us usually a six to 10 hour program on driving safety and traffic laws. After completing the course successfully and providing proof f completion to the local Department of Motor Vehicles, the violation and “points” are subsequently removed from your driving record.

• Who has access to your driving record? The local Department of Motor Vehicles and law enforcement agencies have immediate access to your driving record. Employers, attorneys and insurance companies also have clearance to view your record for legal intense and purposes.

• How long do violations stay on your driving record? Unless your driving record is expunged by a court order, offenses will stay on your record permanently. However, your insurance company may only pay attention to violations that occurred within recent years if you’re lucky.

Wills and Trusts are important for every person to know about. Before beginning a will or a trust, you should know the difference between them and how they are beneficial to you. Depending on your circumstances, one may suit you better than the other.

A trust allows you to be the grantor who manages your trust assets during your lifetime. Trusts also allow provisions to be made for a successor trustee to take charge in your place. A living trust is a very popular choice. A trust doesn’t need to go through probate proceedings. It helps you save costs when dealing with out-of-state property. There’s not an automatic court supervisor that will deal with any disputes over the trust. When you pass away, the trust stays private. There are more costs to prepare, manage, and fund a trust than it does to prepare a will.

A will is a legal document allowing you to distribute your property to the people of your choice. Wills also allow you to designate beneficiaries who will receive specific items that you want them to have. A will is always subject to probate proceedings. It does fall into the out-of-state property proceedings within that state. They provide court supervision for handling beneficiary issues, as well as creditor disputes. At the time of your death, your will becomes public record. There are some taxes that are put upon a will, but these taxes are put on trusts as well. Most people pay a lawyer to help draw up a will. Wills main cost is to have them probated. When dealing with a will, you must have an executer, a person who makes sure that what you want done is being done.

A will, therefore, comes into effect after you pass away. A living trust begins once you have established it. A living trust benefits you while you are alive. If you have a living trust, you must make a “Pour-over Will” at the same time. This will pour-over all the assets from your trust into the will you drew up when you pass away. Trusts help to keep track of your property before and after you pass away. If, by chance, you are unable to keep track of your trust, it is placed in the care of a successor trustee. There are also joint living trusts. These trusts incorporate both the husband and the wife’s assets into one specific trust, instead of two.

Be sure not to get a will and a living will confused. While a will states where you want your property and items to go; a living will defines your beliefs and wishes about your health such as being kept alive on artificial life support, or not.
A trust and a will are two very important documents to consider when helping save your family and loved ones the pain of dealing with costs and fighting. In both trusts and wills, you need to be extremely specific on the items you have and where you want them to go.