May
17
can an attorney volunteer to represent someone who is mentally unable to seek an attorney?
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- asked:
If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question and any related variables.
I guess what I’m really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
Deborah
If an attorney is aware that a brain-dead person has been victimized in some way, can that attorney take initiative and represent that person even though not requested to do so? This is purely academic so feel free to be creative with the question and any related variables.
I guess what I’m really asking is how to assert this ability in court if the defenese were to object. Is there a statute or case law to reference?
Deborah
May
16
Using the Durable Power of Attorney
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Martin Petroff asked:
The “durable power of attorney” is one of the most powerful planning tools that an attorney can recommend to a client, not only for estate planning, but also for Medicaid and other public benefit planning.
When a person (the principal) signs a power of attorney, he gives another person (the agent) the power to act in his place and on his behalf in managing his assets and affairs. The agent’s powers may be broad and sweeping so as to include almost any act which the principal might have performed. It should be noted, however, that, in general, acts which are inherently testamentary in nature, such as the authority to make or revoke a will, may not be performed by an agent.
A power of attorney can be either a “general” power of attorney, where the agent may perform almost any act the principal might have performed himself regarding the financial management of his affairs, or a “limited” power of attorney where the agent has one or more specific powers, such as the power to sell a particular property to a particular purchaser at a particular time.
A single principal may name one or more agents who can be authorized to act either “jointly” or “severally” (alone without the signature of the other agent or agents).
The “durable” power of attorney is unlike the ordinary power of attorney in that it does not become inoperative upon the incapacity of the principal. The durable power of attorney, provides that those powers granted to the agent shall not be affected by the subse-quent disability or incapacity of the principal or by the lapse of time.
In drafting powers of attorney, care should be given to confer powers with as much specificity as possible in order to avoid the possibility of a court construing a specific omission as an intent to fail to grant that specific power. Such an adverse finding could be a serious detriment to the principal’s assets. The power of attorney for asset management in the case of a seriously ill or disabled person is especially useful in situations where the person’s assets may be modest and, accordingly, do not warrant the expense associated with other planning techniques such as trusts or guardianships.
The great advantage of the durable power of attorney is that it remains in effect after the principal’s incapacity. The agent, therefore, can act immediately upon the principal’s incapacity to manage his assets or to take various measures without initiating costly and time consuming guardianship proceedings to obtain the court’s authorization for such transactions.
In a few states, the principal is allowed to delegate to the agent in the durable power of attorney various health care powers in addition to control over financial matters. In New York State, however, a health care power of attorney or proxy must be a separate document from a power of attorney.
Wilma
The “durable power of attorney” is one of the most powerful planning tools that an attorney can recommend to a client, not only for estate planning, but also for Medicaid and other public benefit planning.
When a person (the principal) signs a power of attorney, he gives another person (the agent) the power to act in his place and on his behalf in managing his assets and affairs. The agent’s powers may be broad and sweeping so as to include almost any act which the principal might have performed. It should be noted, however, that, in general, acts which are inherently testamentary in nature, such as the authority to make or revoke a will, may not be performed by an agent.
A power of attorney can be either a “general” power of attorney, where the agent may perform almost any act the principal might have performed himself regarding the financial management of his affairs, or a “limited” power of attorney where the agent has one or more specific powers, such as the power to sell a particular property to a particular purchaser at a particular time.
A single principal may name one or more agents who can be authorized to act either “jointly” or “severally” (alone without the signature of the other agent or agents).
The “durable” power of attorney is unlike the ordinary power of attorney in that it does not become inoperative upon the incapacity of the principal. The durable power of attorney, provides that those powers granted to the agent shall not be affected by the subse-quent disability or incapacity of the principal or by the lapse of time.
In drafting powers of attorney, care should be given to confer powers with as much specificity as possible in order to avoid the possibility of a court construing a specific omission as an intent to fail to grant that specific power. Such an adverse finding could be a serious detriment to the principal’s assets. The power of attorney for asset management in the case of a seriously ill or disabled person is especially useful in situations where the person’s assets may be modest and, accordingly, do not warrant the expense associated with other planning techniques such as trusts or guardianships.
The great advantage of the durable power of attorney is that it remains in effect after the principal’s incapacity. The agent, therefore, can act immediately upon the principal’s incapacity to manage his assets or to take various measures without initiating costly and time consuming guardianship proceedings to obtain the court’s authorization for such transactions.
In a few states, the principal is allowed to delegate to the agent in the durable power of attorney various health care powers in addition to control over financial matters. In New York State, however, a health care power of attorney or proxy must be a separate document from a power of attorney.
Wilma
May
12
Who pays the Attorney’s fees related to settling an estate when there is a Recocable Living Trust involved?
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Juspopinin asked:
Would the Attorney’s fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased?
-OR- Out of the surviving spouses’s personal pocket?”
Would the Attorney’s fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased?
-OR- Out of the surviving spouses’s personal pocket?”
Would the Attorney’s fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased?
-OR- Out of the surviving spouses’s personal pocket?”
Would the Attorney’s fees be paid by the new trust for the benefit of the Surviving Spouse? The trust of the Deceased?
-OR- Out of the surviving spouses’s personal pocket?”
-How could the money come out of the estate before the new trusts were created? The costs were incurred during the closing of the old trust and the creation of the new trusts. The bill rolled in a month later.
Leroy
May
10
How quickly do attorney fees accrue on a property that has gone into foreclosure?
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alison a asked:
I am working on a property that is in foreclosure in WA state. It is 2 months into the process, $11,500 in back payments and taxes and a few thousand in attorney fees for the mortgage holder’s attorneys. Is there a ballpark estimate of how much attorney fees will be once the 135 days is up and it goes to sale, and is there any formula for calculating the rate of their charges?
Charlotte
I am working on a property that is in foreclosure in WA state. It is 2 months into the process, $11,500 in back payments and taxes and a few thousand in attorney fees for the mortgage holder’s attorneys. Is there a ballpark estimate of how much attorney fees will be once the 135 days is up and it goes to sale, and is there any formula for calculating the rate of their charges?
Charlotte
May
9
What kind of attorney would I get to bring a suit against the state for wrongful imprisonment?
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R.C. Brown asked:
A family member did 3 years in prison, and then the Supreme Court overturned the convictions, saying he did nothing criminal. What area of law would I find an attorney to sue the state? In other words, would I get a personal injury lawyer….civil litigation….criminal?
Yvonne
A family member did 3 years in prison, and then the Supreme Court overturned the convictions, saying he did nothing criminal. What area of law would I find an attorney to sue the state? In other words, would I get a personal injury lawyer….civil litigation….criminal?
Yvonne
May
3
Attorney Employment Law - Think Twice Before Choosing An Attorney!
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Abhishek Agarwal asked:
Attorneys specialize in only some areas when it comes to employment law and not many people realize this . But why is it difficult to find an attorney practicing employment law even when all of them take the exactly same test to pass the bar?. Shouldn’t all of them be able to practice the law at least to some extent? It has become a fact that there are a very few attorneys who actually specialize in this field .Don’t get confused as in reality attorneys do not specialize in any specific areas in their field. One can always find a good attorney practicing employment law when needed.
Civil rights law, common law torts, statutory torts and the state law versus federal law combine together to form the employment law. Therefore in case you need an attorney from this area, always be sure to check with the State Bar Association to know more about your attorney and his experience in the field before hiring him.
The amount of money that you are willing to spend on your attorney should always be thought of. Most of the experts in this field cost you about $300.00 or more for an hour. And don’t forget that it takes more than a few hundred hours for a case. In case you have just been fired an attorney won’t be affordable. But try talking to about contingency to your attorney if you think you have a good case at hand. A contingency fee is what the attorney gets (usually 45% or more) out of the money recovered by the client. Remember to settle the fee with the attorney before taking the case to the court and trying it. There are many things to take into consideration when it comes to the employment law cases. One, the chances of the case winning, two, and the attorney won’t take the case on a contingency basis if the case has no hopes as it is he who has to spend the money and time
The damages occurred are also taken into account while considering a potential case. There won’t be any meaning in suing if you end up getting a better paid job,as there is no damage inflicted upon you .It mite actually cost a lot to state a point that does not exist.
One may need to spend more than what is needed for the lawyer’s fee. The filling of the case, presence of a stenographer, messenger and so many other things add up to the expenditure with time. Therefore think twice and make sure you have a good case before approaching a lawyer.
Gina
Attorneys specialize in only some areas when it comes to employment law and not many people realize this . But why is it difficult to find an attorney practicing employment law even when all of them take the exactly same test to pass the bar?. Shouldn’t all of them be able to practice the law at least to some extent? It has become a fact that there are a very few attorneys who actually specialize in this field .Don’t get confused as in reality attorneys do not specialize in any specific areas in their field. One can always find a good attorney practicing employment law when needed.
Civil rights law, common law torts, statutory torts and the state law versus federal law combine together to form the employment law. Therefore in case you need an attorney from this area, always be sure to check with the State Bar Association to know more about your attorney and his experience in the field before hiring him.
The amount of money that you are willing to spend on your attorney should always be thought of. Most of the experts in this field cost you about $300.00 or more for an hour. And don’t forget that it takes more than a few hundred hours for a case. In case you have just been fired an attorney won’t be affordable. But try talking to about contingency to your attorney if you think you have a good case at hand. A contingency fee is what the attorney gets (usually 45% or more) out of the money recovered by the client. Remember to settle the fee with the attorney before taking the case to the court and trying it. There are many things to take into consideration when it comes to the employment law cases. One, the chances of the case winning, two, and the attorney won’t take the case on a contingency basis if the case has no hopes as it is he who has to spend the money and time
The damages occurred are also taken into account while considering a potential case. There won’t be any meaning in suing if you end up getting a better paid job,as there is no damage inflicted upon you .It mite actually cost a lot to state a point that does not exist.
One may need to spend more than what is needed for the lawyer’s fee. The filling of the case, presence of a stenographer, messenger and so many other things add up to the expenditure with time. Therefore think twice and make sure you have a good case before approaching a lawyer.
Gina