Making Power of Attorney and Incapacity

Example Of How A Power Of Attorney Was Desperately Needed…

Alice aged 48 and her de facto partner Bill aged 51 live together. Bill has a serious car accident and is in intensive care and doctors advise that he may take some time to recover and appears to have a deterioration of his mental capacity. The family home and mortgage are in joint names however since Alice and Bill never really trusted each other with finances, the signing authority on the mortgage offset and joint account requires both of them to sign before any money can be withdrawn. Bill can’t sign due to lack of capacity and Alice can’t sign on his behalf either because she does not have legal authority. Household bills are accumulating and Alice has discovered the bank does not have a direct debit in place to deduct funds from either of their accounts to pay the mortgage. Without a power of attorney in place, Alice will have no choice but to apply to VCAT for a guardianship order which will take time and add to her stress, both financial and emotional. Further, Bill’s adult children of his previous relationship would have the right to be notified of any VCAT hearing and have their say as well and even contest Alice’s application for guardianship. A power of attorney would have saved the day with Alice having immediate access to the bank accounts and avoid privacy issues when dealing with banks and other organisations regarding Bill’s status. Moral of the story-without a power of attorney you could leave your spouse or loved one with their hands tied regarding facilitating your finances should you become incapacitated.

And Another Example…..

Gwenda aged 79 has been caring for her husband Harry for the last few years but cannot cope doing it anymore and has her own health issues and wants to live with her daughter. Harry is aged 82 and in very poor health and has been assessed as an appropriate candidate to enter a low care aged care facility. As with most of these facilities, they require an accommodation bond of an amount close to the value of Gwenda and Harry’s paid off home. In earlier years they discussed should anything like this happen then they agreed the paid off home be sold and the proceeds placed in an accommodation bond to ensure that the disabled partner would have proper care. Gwenda is ready to sell the home to do this however there is no one legally able to sign on Harry’s behalf as joint owner because he has dementia and has lost capacity. Without a power of attorney Gwenda cannot sign for Harry or sell their home. If a power of attorney was made by Harry before he lost capacity, then Gwenda could use it to carry out Harry’s wishes as well as any actions for his benefit which would normally require Harry’s consent. Moral of the story- dont leave it too late for power of attorney to be made eg: if dementia or other incapacity sets in, as it would be too late.

(c) Copyright Maria Angela Rigoli. All Rights Reserved Worldwide.

Foreclosure Laws – Get Proper Legal Advise If You Are Facing Foreclosure

Foreclosure laws can be very perplexing; foreclosures laws vary from state to state. Sometimes general information may be all that you need to start in the right direction. Make sure that you investigate the laws pertaining to you state or contact a real estate agent or attorney to ensure that you fully understand what you are up against and the amount of time you have to get help.

Foreclosures happen when a borrower defaults on the loan. By filing a “notice of default”, on the property with the local court system where the property is located. Once the courts make a ruling in favor of the lender the property, generally put up for sale at a public auction. However the is a timeline between the filing of the legal paperwork from the lender and the auction sale of the property, this is where the local laws vary. Depending on the state and circumstances, this timeline is from three to twelve months long.

Lenders or the courts will publish an auction ad approximately thirty days prior to the auction. However, before publishing the ad the homeowner is served with a notice about the foreclosure and pending auction sale. As soon as the property sells, the title/deed is given the new owner of the property.

If are facing financial hardship, in default on your mortgage payments you still may have a chance to avoid foreclosure, your chances are better if you have not yet receive a notice of foreclosure. Make sure that you do not ignore the phone calls or letters sent by the mortgage company, talk to them, they are not that bad to deal with. Well, maybe they are but ignoring them will not help your situation with them. Generally, they would rather try to work something out then to pursue the process and expense of a foreclosure.

Hiring someone that fully understands and can advise you on the local foreclosure law may be a wise decision on your behalf. They can be the mediator between you and the lender, and protect your rights as a homeowner; many times, they can assist in preventing a foreclosure as well.

Many sites available offer general information regarding foreclosure law, while most provide general information, make sure that you get proper legal advice from an attorney. Remember banks really would rather not foreclosure on your property, however if given no other option the will. The best approach is to educate yourself, ask question, do some research and most importantly do not just roll over and give up, fight for your home.

Criminal Attorney and Legal Advice for Crimes

A criminal attorney is the legal professional that should be consulted when a person is a suspect of a crime or becomes a person of interest in relation to a crime. Usually, it is the government that files a case like this against a person. This means that there are lawyers of this kind who can prosecute as well as defend a client. Those who prosecute work almost exclusively for the government while those who defend can come from the private sector as well as the government.

Legal Advice

A consultation with a criminal attorney takes place when a person may be linked to a crime. There are several ways that a person may be connected to one. The first is if he or she is a suspect of the crime and may be already charged by the authorities for a trial. Another way that a person may be related to a heinous act is if he or she is a person of interest in the case. The term “person of interest” means that the individual is not charged with anything, but he or she is under scrutiny by the authorities and is advised not to go far from the state where he or she is located. The individual may be called repeatedly for an interview or an interrogation, and this is one of the times that the presence of a legal adviser may be handy.

One of the first things that a criminal attorney will tell his or her client is not to say another word without him or her alongside. The lawyer can determine if his or her client’s spoken words may incriminate him or get him more entangled in the case. The client may also say something that will incriminate him or bring to light one of his or her nefarious activities even though this is not related to the current crime. Usually, the lawyer will advise his client against incrimination or exposing himself to herself to be prosecuted for another crime during the interview with the authorities. Another piece of advice that the lawyer is likely to tell his client when the client is a person of interest in a case is to tell the truth according to what really happened. Many people embellish or reduce the facts in order for them to be released from. The problem with embellishment or not telling the truth when it comes to interviews with authorities is that the police or the Federal Bureau of Investigation usually finds these things out by themselves and returns to ask why the client did not tell the truth. This can complicate matters and make the person of interest become a suspect.