Probate Guardianship

A guardianship may be established once the court determines that the beneficiary of a deceased person’s estate is not of legal age or is incapacitated because of a mental illness or physical impairment.

Generally, there are two types of Probate Guardianship, the Probate Guardianship of the Person and Probate Guardianship of the Estate.

Guardianship of the Person

A Guardianship of the Person is established once it is determined that the person living with the child is not their parent. A Probate Guardianship of the Persons grants full physical and legal rights over the child.

Basically, the designated guardian has the same role and responsibilities of a parent. They are tasked with the child’s care which includes the physical, educational and emotional needs of the child. A Probate Guardianship of a person is usually terminated when the child reaches legal age and is able to determine their future.

Guardianship of the Estate

A Guardian of the Estate is mainly responsible for overseeing all transactions with regards to assets or properties awarded to beneficiaries under legal age. In general cases, the surviving parent is given guardianship over their children by the Court. Guardians are responsible for providing funding and making available assets to assist the child.

In most cases, the responsibilities of the Guardian of the Estate and Guardian of the person are awarded to one person. In some instances, the two duties are given to separate individuals.

Temporary Guardianship

In special cases like life threatening emergencies, a person may seek Temporary Guardianship. Applications for Temporary Guardianship in court are done expeditiously due to their emergency nature. If granted, the individual is given the authority over the child’s well being and access to all funds available.

There are no “Permanent Guardianships,” all guardianships are terminated once the child reaches legal age or an incapacitated person is able to regain full mental control and functions. Guardianships may also be terminated once a court nulls its validity and awards it to another guardian.

Additional websites for Probate Law: Attorney Adrian Philip Thomas serving clients in Fort Lauderdale.

Preventing Nursing Home Abuse

One of the nation’s greatest challenges today is the extremely high incidence of nursing home abuse. It is an unfortunate but prevalent reality of our current care system. Although some nursing homes provide good care to the elders, others are subject to home abuse that range from serious physical injuries, emotional abuse, sexual exploitation and neglect. The issue of nursing home abuse can be prevented by addressing the reasons behind it.

Causes of Nursing Home Abuse
· Understaffed nursing homes - Inadequate staffing is a major cause of nursing home abuse.
· Underpaid employees
· Under qualified employees
· Overworked employees
· Caregiver Stress
· Caregiver Frustration

How to Prevent Nursing Home Abuse
According to the National Center on Elder Abuse, strategies should be used to prevent abuse in nursing homes:

· Improving work conditions in nursing homes- this can be achieved through adequate staffing, humane salaries, enhanced communication between direct care and administrative staff, allowing more time to nurture relationships between staff and residents, opportunities for upward mobility, and greater recognition, respect and understanding for the workers.

· Proper screening of prospective employees must be conducted when hiring employees. Check for criminal backgrounds, history of substance abuse and domestic violence, their feelings about caring for the elderly, reactions to abusive residents, work ethics, and their ability to manage anger and stress.

· Support training and education in interpersonal caregiver skills, managing difficult resident care situations, problem-solving, cultural issues that affect staff/ resident relationships, conflict resolution, stress reduction techniques, information about dementia, and witnessing and reporting abuse.

· Enforcing stricter mandatory reporting of abuse.

· Assure coordination between the law enforcement, regulatory, adult protection, and nursing home advocacy groups.

· Assure compliance with federal requirements concerning hiring of abusive nurses and nursing aides.

· Promoting a working environment conducive to good care.

· Improving support groups for nurses and nursing aides.

Nursing homes should implement these strategies in order to eliminate unnecessary death, injury, and illness that affect our elders and continue to plague our nation.

If you or someone you love is a victim of nursing home abuse, you must immediately report the incident to the authorities and you should seek the help of a qualified attorney with expertise in this area. This information is not intended to replace legal advice.

Click here to learn more about personal injury in nursing homes. Bloom Legal in Louisiana can help you defend and protect your loved ones.

Weight Law and Truck Accidents

Truck drivers are required to obey many more laws than the average car driver. This is because they are operating the largest vehicles on the road and can cause the most damage. A truck accident is often fatal and can cause much more injuries than a car accident.

One of the important regulations that truck drivers must follow pertains to weight limits. A truck that is over weight can cause many problems and accidents. Federal and local agencies have developed formulas regarding how much weight a truck can safely carry. This is one of the most important rules that new truck drivers learn.

When a truck is overweight it can damage the roads. Roads that were built to carry passenger cars cannot withstand the heavy tonnage of a large commercial truck. This is why many municipalities restrict trucks from their residential streets. They do not want trucks taking shortcuts through the town and tearing up roads that the local tax payers will have to rebuild.

A truck that is overweight can also be a hazard out on the road. A heavy load can shift and make the truck uncontrollable. It can throw the truck’s balance off as it climbs hills or goes around curves. The weighted down truck will also damage the highway surface, creating potholes and other hazards.

One of the most dangerous spots for an overweight truck is on a bridge. The US Dept. of Transportation came up with a rule regulating truck weight. Called the Federal Bridge Gross Weight Formula, it is also known as Bridge Formula B. It is a mathematical formula that calculates the appropriate maximum gross weight for a commercial truck. Some factors that determine it are axle spacing and truck length. The regulation is part of the federal interstate commercial traffic code.

The purpose of Bridge Formula B is to keep heavy trucks from damaging bridges and other roads. Bridges can be especially vulnerable to constant stress from heavy trucks. When a bridge collapses it can cost hundreds of lives and cause many injuries. One of the worst US bridge disasters happened in August of 2007 when the Interstate 35W Bridge over the Mississippi River collapsed. It was later determined that heavy construction trucks contributed to the bridge’s collapse.

A little over two weeks after the I35 W Bridge collapsed a truck that weighed 145,000 lbs over the weight limit crossed a small bridge in Washington State and collapsed it. Some believe that insufficient enforcement in recent years led truck drivers to believe that they could get away with pushing the weight limits.

Trucker drivers are routinely checked to ensure they are complying with the law. This check is done at weigh stations. These weigh stations can be found outside of cities, along toll roads, and on the border lines between states. Drivers and trucking companies must be diligent in keeping their trucks below the weight limits. Trucks that carry too much weight can ruin roads and cause accidents. They can also contribute to devastating bridge collapses.

This article should not be construed as legal advice.

Debt Collection

The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 as part of the Consumer Credit Protection Act. The purpose of this statute is to eliminate abusive methods of collecting consumer debts and to provide consumers with a means to verify and/or dispute information accuracy regarding a debt. Debt collectors are required to conduct business under the guidelines of this statute and failure to do so can result in criminal prosecution involving various penalties and compensations. This statute is sometimes used in combination with the Fair Credit Reporting Act. This act, for all practical purposes, defines the individual rights of the consumer in relation to the means by which a debt may be settled.

Debt Collector
The FDCPA gives a broad definition of a debt collector in terms of any person who uses any instrument of means or mail for the purposes of collecting a debt. It also encompasses those who utilize any means for the purposes of representing another party in the attempted collection of a debt that is owed to that other party. While the FDCPA usually only applies to third party debt collectors and not the internal collection agencies of single companies, there are states that extend consumer rights protection in this area, as well. This is also true in cases when a debt is purchased by a debt buyer. Even though the debt buyer now owns the debt (and is therefore collecting on their own debt), the courts will generally apply the FDCPA coverage to these cases, as well. There are numerous exceptions to the “debt collector” definition within the FDCPA – particularly after the passage of the Financial Services Regulatory Relief Act of 2006. Also, Attorneys (who were originally exempt from the FDCPA) have been included, since 1986.

Debt and Consumer
FDCPA definitions of “debt” and “consumer” restricts coverage to personal, family and household transactions while debts that are owed by businesses (or relate to business purposes) are not covered under the FDCPA.

Please note that this article is for informational purposes only and is not intended as legal advice.

You can contact the Jodat Law Group for more information, attorney Gary R. Jodat, serving Sarasota, Florida for more information.

Minimum Wage Violations: An Employee's Guide

Minimum wage violations are among the most common forms of employment abuse in the U.S., affecting all positions in a wide range of industries. While federal law entitles each worker to a minimum hourly rate, not all employers comply, and not all underpaid workers take action against it. This article offers basic information on minimum wage law and what employees can do to get their time's worth.

How is minimum wage determined?
The Fair Labor Standards Act (FLSA) sets a national minimum wage every year based on current living conditions and general way of life. As of July 24, 2009, the rate was $7.25 per hour. Individual states can set higher minimum wages, but the hourly rate must never be lower than that of the state unless circumstances justify it. An employer who pays less than the minimum must inform the employee of the fact and provide valid reasons for doing so. Otherwise, the employee can sue for minimum wage violations and demand compensation for lost income and other damages.

How are the laws violated?
The simplest way an employer can break minimum wage law is by simply paying them less than the required amount. However, certain acts that limit a person's income, even indirectly, can constitute a violation. These include:
- Paying less for a portion of the total hours worked, even if the average meets the minimum requirement
- Deducting pay for shortages, breakages or uniforms
- Forcing workers to forward part or all of the tips earned
- Forcing workers to work strictly for tips or commissions
- Requiring minimum wage or close-to-minimum wage workers to perform tasks before clocking in, after clocking out, or during breaks

When is it exempted?
Some circumstances allow employers to legally pay less than minimum wage. For example, the FLSA states that people who make at least $30 in tips per month can be paid less provided that the tips bring the total up to the minimum wage standard. If the tips do not average out the hourly wage, the employer will have to pay the difference. In any case, employees should always be informed of minimum wage exemptions before starting on the job.

This article should not be taken as legal advice.

Learn more about minimum wage violations at The Shavitz Law Group, P.A. Serving clients throughout Florida.

Slip and Fall Accidents

We have all experienced slipping and falling at some point in our lives. Oftentimes, it is such a regular occurrence that we get up and just forget about the incident. However, there are times when these accidents cause us pain resulting in severe personal injury. Studies show that 60 percent of all falls are related to a slipping or tripping incident. But what exactly is a slip and a fall?

What is a Slip and a fall?
A slip and fall is the generic term used when a personal injury occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition on someone else's property.

What Causes a Slip and Fall Accident?
• Broken or uneven sidewalks
• Unbalanced flooring
• Adverse weather conditions (ice, snow, or rain)
• Poor or inadequate lighting
• Unmarked pathways
• Wet or slippery floors or tiles
• Torn carpets and rugs
• Potholes
• Obstruction on the floor or walkway

What to do after a slip and fall accident?
• Take snapshots of the scene and of your injuries
• Gather witnesses from the accident scene and make eyewitness reports
• Make an incident report
• Seek medical attention

These are the best ways to prove fault that will help demonstrate that such hazardous conditions did exist and that it caused your injury. But in order to recover damages in a slip and fall accident, you must generally prove the following:
• The owner or possessor caused the hazardous condition to exist and created the condition;
• The owner or possessor knew of the dangerous condition and negligently failed to correct it;
• The owner or possessor should have been aware of the hazardous condition because another person would have noticed the same dangerous condition and would have removed, repaired, or warned people against the hazard.

These evidences will help you prove fault and recover damages. If you believe that your injury was the result of someone else’s negligence, it is a good idea to contact a qualified personal injury lawyer who can help prepare your case and tell you what course of action to take.

Please note that this article is for information purposes only and not intended as legal advice.

Click here to visit the site of Kelley and Uustal Law Firm in Fort Lauderdale, Fla if you are looking for additional information about slip and fall accidents.

What Happens if You Skip the Doctor After a Car Accident?

A car accident can cause any number of physical and emotional injuries to those involved. The accident itself is such an unnatural occurrence – putting your body through motions that no one is built to handle. The toll it places on your body is such that you can sustain any number of injuries, from broken bones to traumatic brain injury, solely from the force of impact and not from any physical trauma. The power of acceleration and sudden stopping is far beyond what our bodies can absorb. So, those who decide not to visit the doctor following a car accident are not just playing it cool – they are putting their health at risk by potentially missing life threatening conditions.

Post Car Accident Conditions
The three most common areas in which you can have injuries without your knowledge are your brain, your neck and your spinal cord. These internal injuries are dangerous because the injury itself might seem relatively minor. However, secondary injuries can be slow to develop and can ultimately cause far more damage.

For example, if you hit your head during a car accident, you may be a bit dizzy and have a headache after the accident. If you did not see the doctor, they would miss the fact that you have a concussion and are potentially suffering from swelling or bleeding in the brain. Swelling can take time to develop, but if it continues, it can result in brain damage, loss of oxygen, or even death when severe enough.
Your spinal cord is nearly as susceptible to swelling and bleeding, with the results ranging from loss of sensation to full on paralysis in your extremities. The risk of damage in these parts of your body is substantial in so many ways that it’s vital you see the doctor after an accident.

After the Doctor
If the doctor declares you unharmed, you should still keep an eye out for potential symptoms. And if the doctor finds any damage or advanced secondary injuries, you should be sure to ascertain who was responsible for the car accident in case you need to prove their liability in court. Take it very seriously because even a small headache could be just the beginning of your symptoms. If you need assistance be sure to see a doctor and/or lawyer as this article is not meant to provide legal or medical advice.

Protect your health and you savings. Contact Attorney Andrew Weinstein in Florida for more information about car accident liability.

The Spin Cycle of Money Laundering

Despite popular speculation that the term is derived from Al Capone having used laundromats to stash the goods, the term more likely refers to the process of making ill-gotten money appear legitimate. Money laundering has been around for a long time, but it was the American mobsters who perfected the “cleaning process,” primarily due to the pivotal contribution of a law passed in 1934, the Swiss Banking Act.

Soak the Load in Legitimate Suds
While there can be many variations to the money laundering process, there are three basic steps that have been identified. First of these is the need to insert the illegally gained money into a legitimate financial institution. This is perhaps the riskiest stage in the whole process, since huge sums of money will be pretty conspicuous. In the United States, a helpful safeguard has been placed in bank transactions, which require banks to report sums larger than $10,000 as well as any other related suspicious financial activity.

The Laundry Cycle Begins
In order to remove the money from its illegal origins as neatly as possible, it needs to go through a layering process. This stage will require a complex web of transactions, including bank-to-bank transactions, wire transfers between many different accounts with different names, withdrawals and deposits, and even purchases of high-value items that can be easily converted into cash later just to change the form of the money. The length of the layering stage can be as long as needed, in order to remove all traces of “dirt” from the “laundry.”

Spin-Dry, Press and Wrap the Show Up
Finally, when the money has been “washed and rinsed,” it is ready to go back into the normal circulation through a legal transaction. Final bank transfers can be made into accounts of an existing business of the launderer, the sales of high-valued items can be used to purchase products from a company of the launderer, and so on. If a money launderer reaches this stage successfully, he or she will be very difficult to track, if at all, especially if no documentation for the previous stages can be found.

Money laundering cases have surfaced in the United States in light of using offshore accounts to evade taxation. The United States has since initiated a voluntary disclosure program to promote greater compliance with tax laws among tax evaders.


This article is intended solely to offer general information on the subject. None of the content should be considered as legal advice.

More about offshore voluntary disclosure from the Thorn Law Group. Helping resolve international issues for clients in Washington, D.C.

Writing Your Will

If there is a question of validity or if the will is proven to be invalid, then inheritance will be determined under the standard laws of that jurisdiction. This would be the same as if the will was never created. There may also be a time limit that a will may be admitted to a probate hearing (usually 30 days). The will being submitted must be the original copy, in almost every jurisdiction – no photocopies are allowed, of any type.

Homemade Wills
The creation of a will does not require a lawyer. However, there can be certain problematic issues associated with “home-made” wills. Not to mention the fact that any unclear stipulations will not have the benefit of input from the deceased. Therefore, there is virtually no margin of error. An interesting example of this would be the case where a husband has his wife witness the will’s signing. If she is a potential beneficiary of any assets, the fact that she was a witness would immediately disqualify her for any benefits mentioned in the will.

Holographic Will
Some jurisdictions will recognize a “holographic will” which is penned entirely in the testator’s own handwriting. The real benefit of this type of will is not so much that it was directly written by the testator – but by the fact that it doesn’t require witnesses. A few jurisdictions will even recognize a “nuncupative will” which is given orally. Some jurisdictions (in Great Britain, for example) have special provisions for more relaxed requirements when it comes to military personnel, on active duty, who express their wishes for asset dispersal upon death.
Wills are prohibited from including immoral requests, illegal stipulations or other acts against the general public as a condition of receiving benefits. In a community property jurisdiction – wills may not be used to completely prevent the inheritance of assets by a spouse. In these cases, the spouse is considered entitled to at least a portion of the testator’s assets in an estate settlement.

It’s also considered a good idea to give an executor the power to settle debts, pay probate expenses and address taxes. Wills that don’t provide for this contingency may end up costing the estate a large sum, in the long run.

Please note that this article is for informational purposes only and is not intended as legal advice.

The offices of Searcy Denney Scarola Barnhart & Shipley PA, which are located in West Palm Beach and Tallahassee, Florida, maintains their website at www.searcylaw.com. Chris Searcy is the managing attorney.

What Happens After a Major Plane Crash?

While there are not many plane crashes in the United States each year, it affects a large number of people when it does occur. Anyone who has ever been in, or is affected by a plane crash should know the laws regarding personal injury and liability due to the crash. This might include the loss of a loved one in a full crash or injury sustained during a crash landing or particularly harsh conditions in the air.

Plane crashes are divided into three different potential areas in regards to personal injury law. There are commercial crashes, international disaster fatalities, and non-commercial crashes of personal planes.

Commercial and International Flights
If you are in a commercial airline crash, there are a number of laws that will determine what the rights of victims and their families are. Laws exist that require airlines to bring families to the crash site, care for any injuries, and deal with all potential liability issues expediently. International accidents are an interesting issue because they are not always governed by US law. For an unintentional mistake, there is little room for liability claims due to the Warsaw Convention of 1929. However, if a pilot is negligent or a mistake was intentionally made, the issue can become much more volatile.

Privately Owned Planes
Finally, there are private plane crashes that do not take place on commercial planes. In these cases, general aviation law is used to dictate how the crash is handled. The Federal Aviation Administration and National Transportation Safety Administration are both called in for investigation and placement of fault if there is any. Defendants in a case regarding a private plane crash can include the owner and operator of the plane, the maintenance crew of the plane, those supplying parts for the plane, the manufacturer of the plane, and many other with whom fault may be found.

A plane crash is often a tragedy in which multiple families are affected. Due to the number of regulations, the range of potential injury, and how a plane crash is investigated, there are any number of outcomes for how you should handle it. Know that if there is fault to be had, plane crash victims will almost always be recompensed for their pain and suffering.

This article is not meant as legal advice.

For more information in the Chicago, Illinois area, contact Ken Allen Law.

Change of name

Individuals who decide to change their names should immediately report this to the Social Security offices or their employer. This ensures that all payments and contributions are entered under your name. It also keeps all your personal information up to date allowing for smoother transactions in the future.

People who have underwent name changes are required to present legal proof before these changes are made in their Social Security information database. Individuals are required to accomplish an application for a Social Security card and present authenticated documents proving their legal name change, proof of identity, and US citizenship ( for those who not established their citizenship status) or immigration status. Photocopies of such documents are not accepted but only originals or certified copies of the issuing agency are allowed.

Divorce

Individuals who were married for 10 years and have moved on to separate lives after divorce may begin to receive benefits when reaching the age of 62. Those who were able to remarry however will not be able to collect such benefits until their present marriage ends, either by divorce, death or annulment.

Divorced individuals may qualify for benefits if they satisfy these basic requirements.
• You are aged 62 years
• You are unmarried
• Your former spouse is qualified to receive Social Security benefits
• For individuals who are qualified to receive retirement benefits on their own but have lesser benefits compared to the amount they could receive with their former spouse benefits

Special circumstances
• For divorced individuals whose former spouse have not applied for Social Security but are qualified for benefits, the ex-spouse could apply for the benefits as long they have been divorced for at least two years.
• For individuals who are qualified to receive their own benefits, but with benefits which are higher, payments are computed by getting the combination of both benefits that equals the higher amount.

Remarriage

Adult disabled beneficiaries stop receiving benefits once they are married. Getting remarried is not an absolute condition for being denied benefits because special circumstance may allow disabled individuals to receive payments after marriage. Exemptions apply for couples who are both disabled beneficiaries. There are other special circumstances when individuals with disabilities are allowed to receive Social Security benefits, consultation with a social worker or a visit to any Social Security office can give you better information regarding this matter.

Website Link: Resources on Social Security at Tampa Bay Public Attorney Mike Murburg, serving clients in the Florida State area.

Marijuana Trafficking

Marijuana trafficking is unique to the drug trade industry. Because of this, there are perceived advantages and disadvantages to those who engage in this form of activity. The first unique aspect is the sheer volume of demand that will not allow for any distribution domination by any particular group of smugglers. This situation will allow for a large number of small to mid-sized scale suppliers to readily enter into this vast market.

Cost of Marijuana Trafficking
Unlike cocaine, heroin and other drugs, the illegal distribution of marijuana is comparatively inexpensive. While is may take a large investment of $30 - $40 thousand to even contemplate putting together a U.S. heroin or cocaine smuggling operation, an investment of less than $10,000 is all that may be required to initiate the same business in illegal marijuana trafficking.

Growing Marijuana
More importantly, while cocaine and heroin manufacturing is usually limited to foreign countries located in hostile regions of the world, marijuana can be grown domestically. A significant amount of illegally sold marijuana is cultivated in all 50 states and domestic production constitutes approximately one-sixth of all marijuana sold in the U.S. The costs of distribution, therefore, are dramatically reduced when a drug doesn’t need to be smuggled into the country where it’s being sold.

Snuggling Marijuana
While this may be seen as an advantage to smugglers, it’s also considered a disadvantage. With competition being this prevalent, prices are kept lower than other illegal drugs. Add to this, the elimination of a diluting factor, and you have a product that cannot be increased in value with a substance to “cut” its potency. Marijuana is also very bulky and transportation, in secret, can pose many problems for traffickers. An example of the low profit potential can be seen in the fact that 700 lbs. of commercially grown marijuana, from Columbia, will probably equal the profitability of the sale of one kilogram (2.2 lbs.) of cocaine that has been cut with cheap adulterants.

Drug Organizations
Even though, a small-scale operation is possible with a limited investment, only large-scale criminal organizations will possess the connections and resources necessary to reap significantly large profits from the marijuana trade. Most of these criminal organizations will also deal other drugs, as well, such as cocaine and heroin.

Please note that this article is for informational purposes only and is not intended as legal advice.

Marijuana possession and sale constitutes some of the most commonly prosecuted crimes in the United States. If you encounter any difficulties related to this issue, you can call drug criminal lawyer Michael Lowe, who is currently practicing in Dallas, Texas.

Facts and Statistics on Construction Accidents

A surprising number of construction workers go into the job largely unaware of the risks, assuming their health and safety are all taken care of. While workplaces are safer today than they were five years ago, data from the Occupational Safety and Health Administration (OSHA) suggests that there is still room for improvement. This article shows some basic figures that paint a clear picture of how safe the construction industry is for today’s workers.

- The OSHA reports that one in ten workers is injured in construction projects every year. These figures are based on cases reported to the authorities; it is believed that many cases are settled privately and thus don’t make it to the OSHA records.

- In 2007, 4.2 out of 100 workers suffered from work-related illness or injury—a nationwide total of over 4 million people. While less than half of the cases were fatal, a considerable 21% of the deaths were in the construction industry.

- Reports from the Bureau of Labor Statistics (BLS) show that around 150,000 construction workers are injured annually, most of them caused by falls and contact with dangerous equipment.

- Falls accounted for 25% of construction accidents from 2006 to 2008. This is followed by overexertion and heavy impact, which made up 23% and 22% respectively. Other common causes include repetitive motion and getting stuck in tight spots.

- Accidents tend to occur in workers between 25 and 34 years old. While this may be a matter of preference—companies prefer young and able workers for manual labor—it may also point to lack of training and experience on the job.

- Injuries arising from construction accidents usually involve the back, trunk, and spine. A common scenario is when a worker steps back on an open surface and falls, with the lower back, head, or neck usually hitting the ground first.

- According to the National Institute for Occupational Safety and Health (NIOSH), more than 1,200 construction workers died on the job in 2005. The construction industry has since been considered the most dangerous in the U.S.

- Of the total amount spent every year on workers’ compensation, roughly 15% goes to workers injured in construction sites, although construction workers make up only 2% of the total workforce.

This article is not intended as legal advice.

Additional resource: Dallas Construction Injury Lawyer Kris Barber. Serving clients in the Greater Dallas area.