How Advance Directives Work Together

Someday you may be incapacitated and unable to make medical decisions for yourself. This can happen suddenly because of an accident or gradually due to an underlying medical condition, such as dementia. In either case, advance directives are ways for you to address your wishes to the people who will be responsible for you in your incapacitated state. Two of the most common types of advance directives are health care powers of attorney and living wills. They don’t do the same thing, but they work together to make sure your needs are met and your health care wishes are honored.

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Power of Attorney

health care power of attorney Marion NC gives an individual of your choosing the authority to make medical decisions for you in the event that you cannot participate in your own care. This person is the point of contact for your care team. The person to whom you grant authority with your power of attorney has many names. Depending on the jurisdiction, he or she may be known as an attorney-in-fact, agent, advocate, surrogate, representative, or proxy. Whatever title you give to the individual, you should someone whom you can trust to act in your interest. You cannot choose a doctor or health care provider as your attorney-in-fact.

Living Will

living will is a document that sets forth instructions for your medical care, outlining treatments that you do or do not want to receive. It only takes effect if you are unable to speak for yourself due to incapacitation. While your attorney-in-fact has the authority to make health care decisions on your behalf, he or she cannot countermand the instructions that you set forth in your living will. That takes legal precedence as your expressed wishes.

It is helpful to have both a living will and a power of attorney. A living will can be a check on the authority of the attorney-in-fact, and he or she can make decisions in any situations that it does not cover.

What To Keep In Mind After an Arrest

Finding yourself in police custody is a scary experience. It is only natural to feel worried and confused. While you may be overwhelmed it is important not to panic. Remain calm, and understand that you have rights. Following these steps is crucial to avoid exacerbating the situation.

Remain Silent

If a police officer informs you that you’ve been placed under arrest, this is rule number one. Maintaining silence is your right as a citizen. While most officers will inform you of this, some may forget or choose not to do so. Do not argue, do not resist, and do not attempt to explain what occurred. Acknowledge and comply with any commands you are given but do not answer questions about the alleged crime. 

Contact an Attorney

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Depending on the alleged crime, one of two things will occur. You will be released under the condition that you appear for your arraignment, or you will be required to remain in custody until your bail is set. Once you know which circumstance applies to you, the first thing you should do is contact a criminal defense attorney Jacksonville FL guarantees this right to all residents and you can retain your own or have one appointed to you. If you find yourself subject to further questioning, remain silent until you’ve had time to correspond with your lawyer.

Prepare for Your Court Date 

Once you and your attorney have met, it’s time to prepare for your arraignment. This is where you will enter a plea, and a bail amount will be set if necessary. Your attorney will advise you on the date, time, and what to expect. Depending on the case, they may even be able to appear in your stead. If you are asked to appear in person, it is critical that you show up. Failure to do so may result in a warrant for your arrest.

Planning Estates Is A Ongoing Process

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If you are looking to create a legacy, estate planning isn’t a one-and-done task. Your financial situation at the time and your life circumstances will influence your estate plan. However, there is no guarantee that your plans will remain the same.

Family Dynamic

You may experience additions or subtractions to your family over the years. This can lead to the need for an estate planning update. Divorce is a common outcome of many marriages. This can impact your plan.

For a layperson, estate planning for blended families can seem confusing. There are ways to achieve any goal. Talk to an estate planning attorney to learn more about your options.

A qualified terminable property trust (QTIP), for example, is a legal tool that parents who are getting married again can use.

For a quick explanation, you would name a trustee and fund the trust. Your spouse would become the first beneficiary and your children would become the successor beneficiaries.

The trustee will distribute the trust’s income to your spouse if you are the spouse who has died. They may also use trust property.

Your children will inherit assets in the qualified terminable interests property trust after your spouse dies.

When you plan your estate, consider adding alternate beneficiaries to your individual retirement accounts, life insurance policies, or other accounts with beneficiaries.

If you choose an alternate name, that person would be the beneficiary. This would avoid a complicated situation.

Wealth Preservation

Many people view an estate plan as something that will be in place after your death. You should actually take steps to preserve your legacy for your loved ones.

The federal estate tax is one source of asset erosion. The federal estate tax has a maximum rate of 40 percent and is only applicable to the amount of the estate that exceeds this exclusion.

The exclusion this year is $11.7million, a record. This year’s exclusion is due to a provision in the Tax Cuts and Jobs Act, which was passed in 2017.

It will expire at the end of 2025 and the exclusion will be reduced to $5.49million dollars by January 1, 2026. This figure is reasonable when you consider the real estate value in Los Angeles.

The 99.5 Percent Act, which has been introduced by Senator Bernie Sanders, would reduce the exclusion at $3.5 million and raise the rate to 45 percent for the first $10,000,000. For estates worth more than $1 million, the rate would be 65 percent.

There are steps that you can take to reduce your estate tax burden. This can be a problem if you have financial success and the exclusion has been reduced.

Your legacy is also at risk from rising nursing home costs. Medicare doesn’t pay for nursing homestays. You can expect to spend more than $100,000 a year at a local nursing home.

Medi-Cal covers long-term care. You may be eligible if your assets are in the best possible position at the right time. We can help you create a nursing home asset preservation strategy that will preserve your legacy.

This article was written by Alla Tenina. Alla is one of the best estate planning attorneys in Los Angeles California, and the founder of Tenina law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

Tips for Winning a Court Case

Succeeding in a court case refers to getting the most favorable result. Irrespective of whether you are a defendant or plaintiff, it is best to act in a manner that places you at an added advantage. Therefore, while handling a court matter, you should control your emotions and objectively approach litigation decisions. The following are tips for increasing the likelihood of winning a court case.

Avoid Litigating for Revenge or Malice

Generally, you should avoid making your litigation for malicious reasons. This will end up affecting your case negatively. Besides incurring high lawsuit costs, your happiness and health also suffer. Law Office of Genine Ann Mejia suggests that if you honestly realize your motivation is based on revenge or spite, you should find a way to settle or end the case for your interests.

Pursue Mediation Rather than Litigation

In most cases, solving a dispute through negotiation is usually quicker, more private, and less expensive than pursuing a lawsuit. Typically, judges advise litigants to try to reach an agreement through the help of a mediator before they move forward with the trial. Therefore, it is recommendable to take advantage of the mediation option. You should fully cooperate with the mediator since this offers an opportunity to arrive at a negotiated deal that favors both parties.

Pay Attention to Your Advisers

Generally, a lawyer understands the process of litigation much better than their clients based on their experience and expertise. Furthermore, court processes are their daily routines. Therefore, it is crucial to pay attention to your attorney’s advice. It is also essential to ask questions if you do not understand something. Besides, it would help if you also remembered that an attorney has extensive experience and professional training on legal issues.

Winning a case can be a fulfilling achievement for an individual. However, some actions can limit the chances of winning a lawsuit or getting the best possible outcome.

Understanding Maximum Medical Improvement

Maximum medical improvement is when the condition of an employee injured in their line of duty has improved to a point where further treatment efforts do not affect the affected person’s status. MMI medical can negatively affect the employee’s compensation, and in some instances, the compensation may cease.

A medical practitioner determines the level at which a patient’s condition cannot improve further. The employer may request an independent medical examination to confirm the findings. If the specialist dealing with the issue agrees to the independent examination outcome, then an employee’s compensation could be terminated. If you do not agree with the results, it can be resolved by filing a compensation claim in a court of law.

Permanent Partial Disability

A patient may reach maximum medical improvement while receiving treatment. Treatment at this level aims to maintain a certain degree of stability. Patients who have achieved maximum improvement are assigned a permanent partial disability rating. It determines the number of weeks a recovering patient can receive partial disability benefits.

The amount of compensation depends on the part of the body affected, and the value varies between states. An experienced attorney can help you compute the total benefits using the average weekly wages and the rating given to the injured part of the body.

Worker’s Compensation Benefits

When a person is injured at their place of work, they need compensation to cushion them while receiving treatment. These benefits include the following;

Medical care cover

The medical care benefit meets all the medical treatment costs. It is a coverage that takes care of all the necessary procedures carried out by the health practitioner and medication. If the patient requests any services, the cost is not met by the medical care cover.

Wage replacement

It is a weekly allowance of the percentage of your monthly payment, which is a portion of your earnings before injury. The total benefit depends on your locality, as different states have various allocations for wage replacement.

End of case settlement

Once your worker’s compensation case is over, the injured person is entitled to a settlement. The amount of this settlement varies depending on the nature of sustained injuries. An experienced attorney can help you with negotiations on the amount of settlement.

Injuries that prevent a person from working

If an injury sustained at work prevents you from working again in your lifetime, it does not end an employee’s rights. The injured person is entitled to lifelong benefits that include the cost of medication and care programs.

The ability to perform daily tasks can be affected by an injury in different ways. Medical professionals help in the determination of the rate at which sustained injuries affect work performance. The evaluation of this rating takes place after a patient has reached the maximum medical improvement.

Impairment Benefits

If the evaluation outcome is positive, the employee has sustained permanent injuries and is entitled to extra benefits. The benefits are based on the percentage of the impairment. If the responsible insurance company does not pay the benefits within the required time, the patient is entitled to penalties and interest.

If the insurance provider fails to pay the benefits at all, you need to seek the expertise of an injury attorney to represent you in a court of law and ensure that justice is done. The attorney will file a petition for benefits and ensure that all your legal needs are met satisfactorily.

In some instances, the insurance company may close your case and indicate that you are no longer eligible for the benefits. In such a case, you need the assistance of an experienced compensation attorney. The attorney will represent you and challenge the actions of the insurance company. They will ensure that you get compensation for the entire injury period and even in the future.