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What is Elder Law?

Jan 23, 17 What is Elder Law?

Posted by in Legal

This area of law, which refers to, issues that affect older people, usually over 60 years of age. Here are 3 main areas of elder law include estate planning, Medicaid, disability and long-term care and guardianship. Estate planning – This involves preparation and administration of a will, which highlights areas like establishing trusts, the use, and purpose of a living will and other matters affecting the elder’s estate. Medicaid, disability and long-term care – Another area that is important, is paying for the elder’s medical bills. Since most will face higher medical bills at the end of their life, it is important to ensure that these costs are covered. It is also important to state how far one will want medical personnel to go to extend one’s It is, therefore, important to state how one will want their medical treatments handled, once one is incapacitated. Guardianship – The other important area is guardianship, which involves the areas of who should take care of the elder, once he/she finds it hard to complete daily tasks, for example, due to dementia, Alzheimer’s or after a stroke. Although close family members are guardians, it is necessary to consider hiring an attorney to ensure that the elder’s wishes are met. If there are no family members to take on the task, the elder can appoint a guardian by the court. The guardian can offer a fee for their services. This appointed guardian will have legal obligations are to the elder....

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Construction claims management

Dec 17, 16 Construction claims management

Posted by in Business Services

Written by Lyle Charles The construction landscape involves risks and these risks are often not- transferable risks or liabilities, which include health, safety, and the environment. Construction claims management is part of project planning and is concerned with preventing, reducing and resolving claims. This process involves: Identifying and managing risk exposures on projects. Promote an established departmental resolution processes. Resolve claims promptly in a fair and reasonable manner while respecting the rights of all parties concerned. If your construction company is looking to reduce claims, it is important to start with creating a standard construction agreement and construction contract documents. It is advisable to receive legal counsel when creating these documents, to ensure that all contracts follow a standard procedure. Most reputed construction companies will have a project manager who is responsible for preventing and resolving disputes and claims, as and when they arise. However, some cases may be complex and require a construction consultant to assist in certain areas of the case. Most construction outsourcing companies will have expert’s that specialize in every area of construction. If you are looking to train your construction claim management team for your company, consider the programs offered by the Claims Prevention and Management Unit in the National Capital Area. The programs offered will help to prevent, manage and avoid claims. This unit’s committee also publish books on policies, procedures, and processes that will help employees understand the importance of construction claims management. ________________________________________________________________ Experts, such as Lyle Charles provide a professional opinion and a complete construction claim analysis. If you are either a contractor or the employer, seeking a construction claims expert with a construction background will almost always guarantee a step in the right direction....

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Are sexual harassment investigations confidential?

Dec 09, 16 Are sexual harassment investigations confidential?

Posted by in Legal

Sexual harassment is common in most modern workplaces and can include unwelcome sexual or romantic advances, sexual blackmail, offensive touching, discussions of intimate activities that make others uncomfortable, etc. It is also important to understand what happens to the accused, especially if the sexual harassment claim is determined to be unfounded.  In most situations the accused that is found to be innocent does not always receive justice and can some times be terminated without any further review. Filing a case on defamation against ones character can be away of receiving damages from lost income and personal embarrassment, but can often be costly and be difficult to prove. This raises the question, about why the accused and the accusers names are not left confidential, until the case is proven. Often this happened for the accuser, but does not remain confidential in regards to the accused. This can be a problem to employees who have been wrongly accused of sexually harassing an employee. It is wise for employers to implement policies that keep such matters confidential for the employees concerned. Implementing a policy will also reduce the company from being exposed to claims regarding wrongful termination, slander, or other claims. Employers should also follow the same rule and limit reference calls to only verifying dates of employment and eligibility for re-hire. To implement the best practices for sexual harassment, it is advisable to consult corporate counsel for guidance on the best practices for your business....

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Sports Injury Laws

Nov 03, 16 Sports Injury Laws

Posted by in Legal Consultation

Injuries when actively engaging in sports is common and can include minor, accidental injuries such as sprains, twists, and the occasional bone break. However, if an injury occurs due to someone else’s deliberate hit or recklessness it is advisable to hold that person accountable, mainly because a major injury can adversely affect your career or your hobby. In some cases, referees can be held responsible, because they have asked a player to perform in a certain manner that has resulted in an injury. Other cases involve the spectators, governing bodies, local authorities, schools and the organizers of a sporting event, or a manufacturer or supplier of defective or dangerous sporting goods. Sports injury lawsuits often include common injuries such as concussions, brain and nervous system damage and sometimes deaths. These cases will claim damages in the form of personal injury claims. In most cases, negligence is to blame, while some include intentional injury. To show that a person has been negligent, the victim’s lawyer will have to prove that the defendant had the duty of care to protect the lawyers client from harm and that this breach resulted in harm. If you or someone you know feels that their injury was due to someone else’s fault, it is best to seek advice from a law firm that is experienced in handling sports injury lawsuits. In most cases, lawyer will request all documentation including medical bills that have been paid, prior to taking on your case....

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What is summary probation?

Oct 02, 16 What is summary probation?

Posted by in Legal Consultation

This type of probation, which is often sentenced after an informal or misdemeanor probation. This places the offender under the supervision of the court and not the probation department. This sort of probation is designed for first-time or juvenile offenders. In some cases, jail time is possible, but will often be limited to the minimum sentence for the crime. The court issues this type of sentencing to give the offender a chance to rehabilitate him or herself, while being under the supervision of the court. Eligibility – Summary probation is given to first time offenders who are mostly juveniles. These offenders are considered low risk and safe to be part of society. Low-level felonies that qualify for a summary probation include some alcohol and drug-related offenses, theft, and fraud. Misdemeanors that may warrant a summary probation include shoplifting, disturbing the peace, and traffic offenses. Terms of summary probation – The terms of this probation will last from 1 month to 5 years. In most cases it will involve paying restitution to the victim, mandatory attendance at group or individual drug and alcohol classes, abstaining from drugs and alcohol, having gainful employment and/or attending school, performing community service, and paying fines. Check ins – The offender will not have to check in with their parole officer and will have to check in with a judge on regular intervals. At these meetings the judge will review the offender’s case and ask questions about progress....

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Teenage drunk driving laws and consequences

Sep 03, 16 Teenage drunk driving laws and consequences

Posted by in Legal Consultation

There are over 3000 teenagers that die every year in drunk driving accidents. These figures are higher for drivers between 16-20 years than for adults over 21. These rates are mainly due to the fact that teenagers tend to take more risks. The law has zero tolerance for teenage drunk driving injuries and deaths. If a minor under the age of 21 is found to be driving with a negligible percentage of alcohol in their blood, they will be arrested for a DUI immediately. Most states have laws that set their zero tolerance at 0.02, while laws for adults are at 0.08. Consequences of teenage DUI convictions Charges – In most states, first-time offenders will be charged with underage drinking and a DUI. They can also be charged for violation of Child Endangerment Laws, minor in possession of alcohol, possession of an altered or fictitious ID card, soliciting alcohol from an adult and distributing alcohol to other minors. Punishments for teenagers that are found guilty of a DUI – The charges will be classed as a class one misdemeanor. This means that these charges will remain on the teenager’s record, even after he/she is an adult. The teenager will also have their license suspendered for up to 2 years. Jail time and other penalties for teen DUI – In some cases the teenager can face up to one year or more of jail time. This is especially the case for teenagers who are not first-time offenders. They could also be offered probation from 3-5...

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How to change your name in your state

Aug 20, 16 How to change your name in your state

Posted by in Legal Consultation

A name change can be quite straightforward and will involve filling out some forms and paying a small fee. After your application has been processed, you will have to attend a hearing and publish your name change in the local newspaper for a set number of days. After which the court judgment can be used to change the name on all your legal documents. Here are the steps involved in a name change. Start by researching the process of a name change to your specific state. Most name changes are similar, but there may be slight differences from state to state. Obtain the correct name change form from your local courthouse. The forms available for a name change are; A marriage license form, divorce form, adoption form, and basic name change form. Most forms will require you to pay a fee at the courthouse. Check if your state requires you to publish your name change. These details will be available on your form. After your form is submitted, you will have approximately 90 days to change your name on all legal and personal information. To change your name on documents, you will have to bring the name change document with you for verification. Start by changing your name on your driver’s license, passport, Social Security card and bank accounts. You can then proceed to change your name at the post office, utility companies, service companies, employer’s records and any mail order subscriptions....

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