Priority Legislation for Nevada

Yesterday I had the pleasure of attending sessions of our state legislature. I am a volunteer for the Alzheimer’s Association and also the facilitator of my local support group and I am devoted to all causes that will help those who have this horrendous disease and those who are caregivers and family members. Our agenda included legislation to ensure that caregivers of those with Alzheimer’s and other dementias are included in explanations and instructions when the loved one is released from the hospital. Sometimes those with these cognitive impairments are simply permitted to drive home (scary!) or placed in a taxi (maybe scarier) to head home in confusion. With instructions that make no sense and an unsettled, unclear mind, who knows what dangers may lurk.

A second bill protects cognitively impaired elders from financial abuse by guardians. Other bills focused on protecting those with dementia from negligence and exploitation by caregivers and to strengthen the penalties related to these offenses. I cannot even imagine such terrible behavior in caregivers but I know that the number of people who prey on those who are unable to make wise decisions or to protect themselves is astronomical.

We were also there to support the encouragement of dementia-related training for health care providers, first responders, and workers in skilled nursing facilities. Having worked on part of this proposal I wish we could have been more forceful. The word encourage means urge, foster, persuade, and nurture all of which are nice verbs and kind responses but they mean nothing as far action is concerned. I felt like I needed to don my old cheerleader uniform and perform cartwheels and rallying cries as I “encouraged” this critical need. Team members assured me that this is an essential first step toward legislation, however, since Nevada convenes every other year, 2017 is a long way off. In the meantime thousands of individuals with Alzheimer’s and other dementias will suffer needlessly.

Suppose a loved one is out wandering and is spotted by an untrained patrol officer. The wanderer, in cognitive confusion or misunderstanding, may refuse to comply with orders to “Halt” or “Place your hands on your head”. Fear may lead to running, verbal or physical attacks, or other displays provoked by bewilderment and muddled thought processing. Handcuffs might create wild terror; being shoved into a police care may render the victim to kicking, screaming, and biting. “What is your name?” may draw a blank stare. “Where do you live?” may invoke tears. A trained office would know to approach with calm as s/he reads the eyes and demeanor and understands why simple questions made no sense, using gentleness rather than force.

As it is, on this last bill, I must restrain my eagerness and work to ease my worry as I work to educate friends, my community, and my state in the wisdom of educating everyone about Alzheimer’s disease. As the number one killer in the United States and with over 5 million diagnosed cased of a disease with no cure, no prevention, and no reversal, we all must sit up and take notice and then move into action for education and training. We will all be safer.

What To Do If You Are Arrested

If you are arrested, the first thing you must do is clearly state that you want a lawyer. Do not be ambivalent by saying, “I think I need a lawyer” or by asking, “Do I need a lawyer”. Be very clear and state, “I WANT A LAWYER”. Then say nothing else, period.

By law, the police cannot talk with you any further. Even if the police continue to talk with you, say nothing until your lawyer appears. If you initiate the conversation, it can be argued that you waived your right to counsel despite previously requesting a lawyer to be present.

Once arrested and charged in a State case, a bail amount and an arraignment date are usually set. The arraignment, where the accused pleads either guilty or not guilty, could be days or even weeks away. After pleading not guilty at the arraignment, the defense is given a deadline to file pretrial motions, usually 15 days. In serious matters, it is not uncommon to have several motion hearing dates before trial.

In either a State or Federal case, it is highly recommended that you use your resources to hire an experienced criminal defense lawyer rather than spend your money on bail. It is better to use your resources to get the best defense available rather than spending your money on bail and not have enough for a good lawyer.

Of course, if you cannot afford to hire private counsel, you will be given a court appointed lawyer but this is not usually the best defense available. It is not that all public defenders are bad lawyers,, it is more that public defenders do not have the time or resources to give you the best defense. Private counsel will almost always provide your best chance for the best outcome.

Ask pointed questions in deciding which lawyer to hire. It is recommended that you consider only lawyers who specialize in handling criminal defense matters. And only lawyers who have handled your type of case before. If the case is in Federal court, be sure to hire a lawyer who is experienced in handling Federal criminal cases. State and Federal court are very different and require an experienced lawyer who knows the system in order to offer you the best possible defense.

Be sure one of your questions in choosing a lawyer is what steps will he take to defend you. Your worst nightmare is to get a lawyer who looks to hastily negotiate a plead deal for you. Pleading guilty should be a last resort, not a way for a quick resolution.

A seasoned, good criminal defense lawyer will thoroughly investigate the facts, including witnesses both for the state and for the defense. They will interview the police, carefully analyze reports, statements and other evidence. To obtain the best possible outcome for you takes a lot of effort and time. Getting the best possible outcome is no accident, it is the result of a diligent hard working criminal defense lawyer.

A Domain Dispute Attorney: When Your Domain Is in Danger

For those who have a website, your domain is one of the most precious things you possess. Due to this fact, optimal consideration and diligence should be applied when working with it. Yet, not every person realizes the procedures that should be undertaken for domain address stability and legal troubles are certain to show up. Many unwelcome scenarios can occur concerning legalities with domain names. Like it is valid with all other things involving laws, conflicts can become incredibly confusing for those who don’t focus on this legal field. This is exactly why domain name legal battles have to have the aid of a domain dispute attorney.

If you believe any type of common attorney is going to be sufficient for a domain name case, you need to alter your reasoning. Attorneys that do not focus on internet domains might not be alert to specific terms and regulations involved.. Of course, you would not seek the services of a divorce attorney to control your bankruptcy case. Similarly, you shouldn’t seek a personal injury lawyer to handle your domain dispute. Also, your lawyer must also know all of the details of the Uniform Domain Name Dispute Resolution Policy.

Irrespective of your side (prosecutor or defendant) a skilled domain dispute attorney can help your case. Your case will benefit profoundly from a specialized attorney whether you are the accused cyber-squatter or the individual accusing another person of the offense. Should you not know what cyber-squatting is, it is the intent of holding and making use of a domain name in hopes of benefiting from an individual’s trademark.

Some specific sorts of cyber-squatting incorporate typo-squatting. Facebook as well as other social media communities have actually been most of the key targets of this form of domain name squatting. It involves adjusting the text in the trademarked name only a little so that users think that the misspelled domain name is the authentic one. Name-jacking is also a commonly employed domain squatting strategy which can be battled legally. Oftentimes you’ll discover squatters holding on to superstar name associated domain names in expectation of getting visitors or traffic or boosting the price of the domain name.

Domain theft is also quite prevalent in the sector and can more effectively be battled with a domain name lawyer. One of the more frequent illustrations of this is the loss of a domain because an employee with the domain account is not available. An experienced dispute lawyer can assist you in either of these situations.

Dissolved business partnerships also give rise to legalities, particularly when one partner always had lone access while the other business partner had nothing at all. A specialized domain dispute attorney can help with all of these domain concerns and more to enable you to achieve the most favorable end result.

Advance Directives: Three Simple Documents That Can Bring You Peace of Mind

When used together, Health Care Proxies, Living Wills and Powers of Attorney can be powerful tools in making sure that your legal and medical wishes are carried out if you are unable to implement them yourself. These documents offer relatively inexpensive alternatives to costly guardianship proceedings for incapacitated loved ones.

Power of Attorney: A power of attorney is a legal instrument that enables a person of your choice (agent) to carry out your affairs if you become legally “incapacitated.” A properly executed power of attorney in the hands of a trusted relative or friend can ensure that your legal, financial, business and other personal affairs can be managed if you become unable to manage them yourself. A power of attorney can be as broad or narrow as you like. For example, you can authorize your agent to handle your bank accounts, real estate, tax or family maintenance needs, or all of your affairs. Although a power of attorney typically takes effect upon execution, you can direct that it apply only upon a certain event such as your incapacitation. Powers of attorney can be a powerful aid to relatives who may need to access your financial accounts, manage your property or handle other affairs in the event you unexpectedly become unable to do so. In New York, the standard power of attorney must be executed according to legal requirements. You may want to work with an attorney in preparing the document so it can be enforced when you need it.

Health Care Proxy: A health care proxy grants a third party (proxy) the ability to make your medical decisions if you become incapacitated. It is different from a Power of Attorney because it is the only advance directive that allows someone else to make medical decisions on your behalf. Your proxy is required to direct your care so that it reflects your preferences regarding treatment decisions and your moral and religious attitudes toward care. Like a power of attorney, the health care proxy is only valid while you are incapacitated. For example, your proxy has the ability to direct your care while you are in a coma or other unresponsive state, but cannot act if you regain the capacity to make your own decisions. A health care proxy usually assumes that you have already expressed your desires to the person you appoint as proxy. However, it may be a good idea to also memorialize your end-of-life wishes in a living will. Health care proxies must be executed in a certain manner to be binding. You may want to work with a lawyer to make sure that your wishes can be carried out if necessary.

Living Will: A living will is a document that sets forth the type and duration of medical treatment you wish to receive if you are suffering from a terminal illness. In this respect, a living will is narrower in scope than a health care proxy because it only governs end-of-life decisions. An individual has a constitutional right to make decisions regarding refusal or termination of life support. In New York, “clear and convincing evidence” of the patient’s intent must be proven. A living will is not a binding document, but does serve as “clear and convincing evidence” of your intent. When coupled with a health care proxy, a living will can set forth in detail the types of life-saving treatment you would like and the circumstances under which each should be administered. There are no statutory guidelines on the creation of a living will. However, problems can arise if the terms of your health care proxy conflict with the terms of your living will. To avoid these issues, you may want to work with an attorney to create both of these documents.

When properly drafted, powers of attorney, health care proxies and living wills can prevent a multitude of problems associated with illness and end-of-life. Medical emergencies are emotional enough. Help your family avoid arguments, uncertainty and expensive court proceedings by executing these important documents today.

Five Reasons To Contact A Social Security Disability Attorney

Because they are unable to work, about 12 million Americans with disabilities receive regular income supplements from the government. Managed by the Social Security Administration (SSA), the federal insurance program is designed to provide for those that cannot support themselves financially. But because some unscrupulous sorts try to take advantage of the system, a rigorous screening process helps determine which applicants truly need and deserve financial assistance.

The Numbers

According to official figures from the SSA, only about 40 percent of all applications for Social Security Disability Insurance (SSDI) are approved at the state level. Why are so many requests for help rejected? As mentioned, some applicants exaggerate and invent impairments for a chance at some easy money. Then there are those who have legitimate issues but don’t know how to apply for benefits. These are the people that should contact a social security disability attorney as soon as possible.

How Can An Attorney Help?

You have a much better chance of receiving SSDI benefits if your case appears before an administrative law judge (ALJ). More than two-thirds of hearing decisions result in approval, according to official data from the SSA. The reason is that many of these applicants are represented by an attorney. As long as you have a legitimate impairment, these legal specialists can help you win your claim. How?

Making A Case

Just like any other court case, a disability attorney must build an argument based on evidence. He must then present it according to the rules of the court. Because few applicants have a high level of familiarity or expertise with this process, the chances of them developing an accurate, persuasive case are small. You probably only have one opportunity to make your case and start receiving the SSDI benefits you need.

Going At It Alone

Although it is possible to represent yourself at an ALJ hearing, it’s uncommon for a reason. Most petitioners weigh the risks of going without legal representation against their future livelihood and decide to contact a social security disability attorney shortly after that.

Payment

Because they work on a contingency basis, these lawyers will only charge you if they win. As such, they only take cases that they believe. What does this mean for you? For starters, you should bring medical evidence of your disability to your initial consultation. The lawyer can then peruse doctor’s notes and other evidence to determine if you have a solid case.

An experienced social security disability attorney can significantly increase you odds of receiving supplemental income for your impairment.

What Are Elder Law Attorneys and How Do I Choose One?

Elder law attorneys handle the wide array of legal matters that affect older or disabled people. This includes concerns like care planning, guardianship, retirement, Medicare, taxes, living wills, estate planning, and housing issues among others. This is a new concept to many people, and it’s actually a fairly new category in the legal field. If you’re new to the idea, you might wonder why finding someone to represent your or your loved one is important.

Who Are Elder Law Attorneys?

They have to be licensed to practice in one or more state, practicing for five years or more, and have finished 45 hours of continuing education in this area during the last three years in order to be certified by the National Elder Law Foundation for this kind of practice. They also have to pass a certificate examination.

Do I Really Need One?

Elder law attorneys are good for people who need help navigating the extreme complexities of federal taxes, property matters, Medicare/Medicaid, and social security. Your lawyer can help advocate for the best next step, and they can also make sure you’re taking that next step legally. They can also be a compassionate, but not overly emotional, advisor, helping prepare trusts, wills, and plans for end-of-life.

How do I Choose the Right Person for My Needs?

If you or your loved one has a specific case matter, like age discrimination, disability, mental health issues, social security, or an abuse case, may want to consider hiring someone who has expertise in your area. If you’re looking for more overall service, ask whether or not they’ve had similar clients to you or your loved one. Ask them what outcomes can be expected if you hire them, or how other cases similar to yours have turned out. You should also make sure that they are very familiar with the statutes in your state, which, usually, change all the time. Finally, find out if they are members of any organizations that are specifically related to your needs.

How Much Will This Cost Me?

Fees can be assessed in many different ways. Ask up front about how much and how often you’ll be billed. Some will expect payment biweekly, others monthly, and still others will ask for payment at the end of the work. Some charge a flat fee, while others will want to be paid by the hour and may also bill for paralegal or research hours. Also, ask about any incidental costs you may be assessed, for things like copies, postage, or court fees.

Once you choose one of the available elder law attorneys to represent you or your loved one, make sure you get your arrangement in writing so that your expectations of each other are clearly spelled out. This is important because of the type of work he or she will engage in. You should feel comfortable with the person you’ve chosen to help navigate these difficult waters.

Rights and Duties of an Advocate

Introduction

An Advocate in this sense is an expert in the field of law. Distinctive nations’ lawful frameworks utilize the term with fairly varying implications. The wide proportional in numerous English law-based wards could be an advocate or a specialist. In any case, in Scottish, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, South Asian and South American locales, advocate shows a legal advisor of predominant arrangement.

“Backer” is in a few dialects a honorific for attorneys, for example, “Adv. Sir Alberico Gentili”. “Promoter” additionally has the regular significance of standing up to help another person, for example, persistent backing or the help anticipated from a chose legislator; those faculties are not secured by this article.

In India, the law identifying with the Advocates is the Advocates Act, 1961 presented and concocted by Ashok Kumar Sen, the then law priest of India, which is a law go by the Parliament and is controlled and implemented by the Bar Council of India. Under the Act, the Bar Council of India is the preeminent administrative body to manage the legitimate calling in India and furthermore to guarantee the consistence of the laws and support of expert gauges by the lawful calling in the nation.

Each State has its very own Bar Council whose capacity is to enlist the Advocates willing to hone predominately inside the regional limits of that State and to play out the elements of the Bar Council of India inside the domain doled out to them. In this way, every law degree holder must be selected with a (solitary) State Bar Council to hone in India. In any case, enlistment with any State Bar Council does not limit the Advocate from showing up under the watchful eye of any court in India, despite the fact that it is past the regional locale of the State Bar Council which he is selected in.

The favorable position with having the State Bar Councils is that the work heap of the Bar Council of India can be partitioned into these different State Bar Councils and furthermore that issues can be managed locally and in a facilitated way. In any case, for all useful and lawful purposes, the Bar Council of India holds with it, the last energy to take choices in any issues identified with the legitimate calling all in all or as for any Advocate exclusively, as so gave under the Advocates Act, 1961.

The procedure for being qualified for training in India is twofold. To start with, the candidate must be a holder of a law degree from a perceived organization in India (or from one of the four perceived Universities in the United Kingdom) and second, must pass the enlistment capabilities of the Bar Council of the state where he/she looks to be selected. For this reason, the Bar Council of India has an inward Committee whose capacity is to direct and look at the different foundations giving law degrees and to concede acknowledgment to these organizations once they meet the required benchmarks. In this way the Bar Council of India likewise guarantees the standard of training required for honing in India are met with. As respects the capability for enlistment with the State Bar Council, while the real customs may fluctuate starting with one State then onto the next, yet predominately they guarantee that the application has not been a bankrupt/criminal and is for the most part fit to hone under the steady gaze of courts of India.

What is advocacy?

Advocacy or Promotion in every one of its structures looks to guarantee that individuals, especially the individuals who are most powerless in the public eye, can:

• Have their voice heard on issues that are vital to them.

• Defend and defend their rights.

• Have their perspectives and wishes truly considered when choices are being made about their lives.

Promotion is a procedure of supporting and empowering individuals to:

• Express their perspectives and concerns.

• Access data and administrations.

• Defend and advance their rights and duties.

• Explore decisions and choices

A promoter or Advocate is somebody who gives backing bolster when you require it. A promoter may enable you to get to data you require or run with you to gatherings or meetings, in a strong part. You may need your backer to compose letters for your benefit, or represent you in circumstances where you don’t feel ready to represent yourself.

Our backers will invest energy with you to become more acquainted with your perspectives and wishes and work intently to the Advocacy Code of Practice.

Support can be useful in a wide range of circumstances where you:

• Find it hard to make your perspectives known.

• Need other individuals hear you out and consider your perspectives.

Independence

Individuals you know, for example, loved ones or wellbeing or social care staff, would all be able to be steady and accommodating – yet it might be troublesome for them on the off chance that you need to accomplish something they can’t help contradicting.

Wellbeing and social administrations staff have an ‘obligation of care’ to the general population they work with. This implies they may feel unfit to help a man to do anything that they don’t accept is in a man’s best advantages.

Yet, an Advocate is autonomous and will speak to your desires without passing judgment on you or giving you their sincere belief. We trust that you are the master on your life and it is your perspective of what you wish to happen that our backers will follow up on.

As far as the Indian lawful calling, a promoter is a subset of a legal advisor, i.e. all backers are legal advisors however not all attorneys are advocates.

A legal advisor is, extensively, somebody who has gotten legitimate training (in different terms, finished no less than a LLB.). In this manner, a legal advisor might be a promoter, an in-house guide, legitimate counsel, and so forth.

An advocate is someone who can practice in a court of law in India. The Advocates Act, 1961 has created a single category of legal practitioners, i.e. advocates. Only advocates (and no other category of lawyers) are allowed to practice in courts and plead on behalf of others, once they obtain the required license.

Rules on an Advocate’s duty towards the court

1. Act in a dignified manner

Amid the introduction of his case and furthermore while acting under the steady gaze of a court, a promoter should act in a honorable way. He ought to consistently maintain dignity. Be that as it may, at whatever point there is legitimate ground for genuine objection against a legal officer, the supporter has a privilege and obligation to present his grievance to appropriate specialists.

2. Respect the court

A promoter ought to dependably indicate regard towards the court. A supporter needs to hold up under at the top of the priority list that the pride and regard kept up towards legal office is basic for the survival of a free group.

3. Not communicate in private

A promoter ought not impart in private to a judge with respect to any issue pending under the steady gaze of the judge or some other judge. A backer ought not impact the choice of a court in any issue utilizing illicit or uncalled for means, for example, compulsion, influence and so forth.

4. Refuse to act in an illegal manner towards the opposition

A supporter should decline to act in an unlawful or uncalled for way towards the restricting advice or the contradicting parties. He should likewise utilize his earnest attempts to control and keep his customer from acting in any unlawful, dishonorable way or utilize uncalled for hones in any mater towards the legal, contradicting counsel or the restricting gatherings.

5. Refuse to represent clients who insist on unfair means

A backer might decline to speak to any customer who demands utilizing uncalled for or shameful means. A promoter should extract his own judgment in such issues. He should not indiscriminately take after the directions of the customer. He might be honorable being used of his dialect in correspondence and amid contentions in court. He should not outrageously harm the notoriety of the gatherings on false grounds amid pleadings. He might not utilize unparliamentary dialect amid contentions in the court.

Rules on an Advocate’s duty towards the client

1. Bound to accept briefs

A backer will undoubtedly acknowledge any concise in the courts or councils or before some other expert in or before which he proposes to rehearse. He should exact charges which is at standard with the expenses gathered by kindred backers of his remaining at the Bar and the idea of the case. Uncommon conditions may legitimize his refusal to acknowledge a specific brief.

2. Not withdraw from service

A supporter ought not normally pull back from serving a customer once he has consented to serve them. He can pull back just in the event that he has an adequate reason and by giving sensible and adequate notice to the customer. Upon withdrawal, he might discount such piece of the charge that has not collected to the customer.

3. Not appear in matters where he himself is a witness

A backer ought not acknowledge a brief or show up for a situation in which he himself is a witness. In the event that he has motivation to trust that at the appropriate time of occasions he will be a witness, at that point he ought not keep on appearing for the customer. He ought to resign from the case without risking his customer’s advantages.

4. Full and frank disclosure to client

A supporter should, at the initiation of his engagement and amid the duration thereof, make all such full and straight to the point divulgence to his customer identifying with his association with the gatherings and any enthusiasm for or about the contention as are probably going to influence his customer’s judgment in either captivating him or proceeding with the engagement.

Rules on an Advocate’s duty towards the opponents

1. Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made

An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.

Right of a lawyer to practice in India

The expression ‘right to practice’, in context of the legal profession refers to the exclusive right of persons enrolled as advocates to engage in practice of law before courts and tribunals. In Re. Lily Isabel Thomas 1964CriLJ724 the Supreme Court equated “right to practice” with “entitlement to practice”. This right enjoys protection at two levels:

• General protection – Article 19(1)(g) of the Constitution of India protects the right of individuals to practice professions of their choice. As members of the legal profession, advocates partake in this right along with members of other trades, occupations and professions.

• Specific Protection – Section 30 of the Advocates Act, 1961 confers on persons whose name is enrolled in the registers of State Bar Councils the right to practice before any court or tribunal in India including the Supreme Court. This section has been recently made effective through a notification issued by the Central Government.

Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other than advocates from practicing law.

Duties to the society

• Duty to facilitate legal education, training of young lawyers and research in legal discipline

• Duty to render legal aid to those in need.

At whatever point a layman faces a legitimate issue, he tries to locate a dependable and proficient legal counselor who can explain his case and give him powerful cures on installment of a reasonable charge.

In any case, the confidence of the overall population in proficient backers and legal counselors is very disheartening.

Soli J. Sorabjee states his perspectives on this point in ‘Attorneys as Professionals’. He expresses that they are viewed as fortune searchers as opposed to looking to serve, a childish class, who, because of the unique information and mastery, give benefits on such terms however they see fit. What are the purposes behind this said decrease? The fundamental reason is that legal counselors, as different experts, have overlooked what is involved in a calling and their legitimate part in the public eye.

Conclusion

In the light of the above situation, before considering the new testimonies recorded under the steady gaze of this Court by the appellants-Advocates, let us summarize different before requests of this Court with regards to the obligations of attorney towards the Court and the Society being an individual from the lawful calling.

The part and status of legal advisors toward the start of Sovereign and Democratic India is accounted as to a great degree imperative in choosing that the Nation’s organization was to be represented by the Rule of Law. They were considered educated people among the elites of the nation and social activists among the discouraged. These incorporate the names of universe of legal counselors like Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Bhulabhai Desai, C. Rajagopalachari, Dr. Rajendra Prasad and Dr. B.R. Ambedkar, to give some examples. The part of attorneys in the encircling of the Constitution needs no extraordinary specify. In a calling with such a clear history it is remorseful, without a doubt, to witness cases of the idea of the present kind. Legal advisors are the officers of the Court in the organization of equity.

Segment I of Chapter-II, Part VI titled “Measures of Professional Conduct and Etiquette” of the Bar Council of India Rules indicates the obligations of a promoter towards the Court which peruses as under:

A supporter should, amid the introduction of his case and keeping in mind that generally acting under the watchful eye of a court, maintain poise and sense of pride. He might not be servile and at whatever point there is legitimate ground for genuine grumbling against a legal officer, it should be his privilege and obligation to present his grievance to appropriate specialists.

A promoter should keep up towards the courts an aware state of mind, remembering that the poise of the legal office is fundamental for the survival of a free group.

A supporter should not impact the choice of a court by any illicit or disgraceful means. Private interchanges with a judge identifying with a pending case are prohibited.

How Is Healthcare for Children Handled After Divorce?

One very important, yet often overlooked, aspect of the outcome of a divorce is providing healthcare to children. Who’s responsible for the cost, and how is this determined? How do healthcare expenses get weighed among other expenses? Here, we’ll take a broad look at the issue of a child’s healthcare post-divorce.

The most general and common rule of thumb in this matter is that the parent who claims the child or children on their tax return as dependents, is the parent who is responsible for obtaining and paying for healthcare insurance. Keep in mind that the parent claiming the child as a dependent is not always the custodial parent, so that’s another issue to consider on its own.

Whether both parents have a full-time employer, and have health-insurance through that employer, also factors in. If only one parent has health insurance from his or her employer, it will in all likelihood be that parent who provides healthcare insurance to the child. If both parents have health insurance policies from their employers, then a primary and secondary policy can be dictated.

Beyond that, there are also additional and related costs to take into account outside of the actual insurance premiums. Consider the costs of co-pays, deductibles, medication, non-covered expenses, and all the rest that factors into a child’s actual health and wellbeing. These expenses may be hashed out as part of the divorce settlement itself.

Another factor to consider is that the cost of healthcare may in some instances be factored in to a Court’s alimony award. Additionally, healthcare expenses for a child will be factored into the Court’s determination of child support pursuant to the state’s specific guidelines. So whether one of the parents is obligated to pay healthcare expenses for the other, as well as the child, and whether those are classified as child support, alimony, or separate matters, are all factors to consider.

Finally, keep in mind that different states may have different requirements or legislation in place which specifically dictate or mandate how healthcare for children after divorce should be handled. Further, the entire healthcare realm in the United States is always ebbing and flowing, and there could be more changes on the horizon, too.

That’s why it’s always important to consult with an experienced and qualified professional in your local area before taking action. He or she will be able to advise you on potential courses of action and what the best decision will be, not only for the parents, but for the children themselves.

How Home Insurance Lawyers Can Help Resolve Your Case

Terri-Lynn Robinson’s entire life was turned upside down when a dispute with her ex-husband went disastrously wrong. As he packed to move out, he decided to take revenge. He retrieved a BBQ lighter and lit the entire length of their bed skirt on fire. With her in the room. Within minutes, her bedroom went up in flames. While Terri was able to escape, her home and life were in shambles. Her house, an object of arson, was uninhabitable. She turned to her insurance company, who responded by denying her claim. Their reason was that, since her ex-husband was on title, the damage was caused by the home-owner and thus was not covered. Terri is a victim of spousal abuse; she lost her home during the dissolvement of her marriage. When things couldn’t get worse, she was told that she was on her own. Insurance that she had paid for would not be stepping in. Terri was left to pay the mortgage on a “rotting shell” while she lived in a shelter. She could not afford the repairs on her income, and she now faces the very real possibility of bankruptcy and the loss of the rest of her possessions. If you’ve found yourself in a similar situation, a home insurance lawyer can help.

This Happens More than you Think

Terri-Lynn is not the first woman to be a victim of spousal abuse and arson. She is definitely not the first to have claims wrongfully denied. The tragic outcome of these denials can be complete loss of quality of life and home. Home insurance lawyers are the connecting link between these horrible tragedies and a successful outcome. Lawyers fight for your rights and your insurance claims. Insurance is paid so that it is there when you need it the most. It is a tragedy that this money is lost, leaving you out of pocket for additional expenses that you cannot afford during the worst periods in your life.

Lawyers get Results

Insurance companies are just that: companies. Companies exist to make money. In addition to this, there is a lot of scrutiny over insurance claims to insure that a claim is not fraud. Unfortunately, this type of scrutiny often leaves the homeowners on the short end, with their claims denied. Home insurance lawyers are familiar with the laws and regulations surrounding insurance and claims. If your claim is denied, your next best move is to call for help.

Most home insurance lawyers work on a commission basis. This means that they do not get paid until you do. They understand that your current situation has already created financial strain. Hiring a lawyer should not add more stress to your current situation. If you can get the help you need to fight a claim that should be paid. To get the money needed to repair your home and life without the out-of-pocket expenses, make the call. Home insurance lawyers are there to fight for you. They are the middle liaison that understands your situation while having the legal knowledge to work in your favor. You paid for your insurance to be there for you. A home insurance lawyer will take the time needed to make sure that this is exactly what happens.

How to Expunge a DUI Record

Getting behind the wheel while you are under the influence of alcohol or drugs is a very stupid decision. This mistake can cost you a hefty fine or your freedom. You can get arrested for drunk driving and this charge may result to expensive fines, community service, jail time and a permanent record.

A DUI conviction in your record can have a negative impact which may affect many areas of your life. Even after you have paid the fines, attended drunk driving classes, and served your sentence, you may realize that a DUI conviction on your record can become a form of punishment on its own. For instance, a permanent record can keep you from getting a job, a loan, or from renting a decent apartment. To that end, you may want to have your DUI record expunged.

What Is Expungement?

When the court agrees to expunge a criminal record, it basically means that the conviction is sealed or erased. To that end, when a background check is performed, the record won’t appear. This is very helpful for those who are seeking employment, applying for a loan, or for other purposes.

Remember though that the record is not completely erased. It can still be seen by law enforcers and court officials to check whether the person has previous run-ins with the law. But an expungement will keep the permanent record from ruining the individual’s life.

How To Expunge A DUI

1. Understand what it means to expunge a DUI record: As previously mentioned, DUI is a permanent record. If it gets expunged, all the information about the case, including the files, records, and criminal charges will be sealed. This means that in case you apply for a job, you can tell your potential employer that you have never been arrested, charged, or convicted of DUI.

2. Learn about the laws involving the expungement procedure: You need to understand that expungement process may vary from state to state. To that end, you must check with your country’s court or law enforcement agency where the arrests are expunged. Ask about the requirements, such as a certificate that proves you have completed probation and how many years before you can get your DUI expunged. There are some states that allow immediate expungement for some cases, such as a first offense in DUI.

3. Complete the process: It is crucial to fill out all the necessary forms and requests for expungement, such as the Motion to Expunge. After filling out the formal request, you will need to submit the application to the court and pay the fees necessary. You must then attend the expungement hearing once it is scheduled by the court. Lastly, you may also need to appear in front of a judge.

If everything went well, the judge will agree to the expungement plea. He will then give a court order to expunge the DUI record.

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