What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Some

A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual’s condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.

A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.

With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.

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.

Read About Attorneys and Business Lawyers

An attorney is one who has obtained a law degree and has the ability to plead for, advise and fight in order to perpetuate the law. He can be a legal adviser for a company, or be practicing in the courts of law like in civil, criminal or family courts. Attorneys also called lawyers they can specialize in one or many areas of law and when looking for any sort of advice legally, ensure that you go to a lawyer who is a specialist in that specific subject.

There are a number of fields that an attorney can specialize in. You will find accident attorneys, attorneys for bankruptcy, civil lawyers, business or corporate attorneys, criminal attorneys, lawyers specializing in employment matters, insurance lawyers who ensure that whatever money is due to you is paid up on time, environmental law attorneys, lawyers well versed in family matters like divorce, intellectual property lawyers and many more.

If you happen to be running a small business, it is only natural that you will be up to your nose with decisions of umpteen matters day after day. There will be so many issues that need clarification, so in all probability it would be in your best interest to hire a competent business lawyer to look into many of your matters and help you to run your business smoothly. The need for a business attorney often missed out. There are so many matters like copyrights, various business laws, official amalgamation of business, liabilities, lawsuits, litigation and the like that need the attention of a legally well versed person.

Typically an excellent business lawyer should know all the different aspects of running a business or an organization, and should have the ability to help you in making decisions regarding how to run your business successfully and favorably. He should be in a position to inform you about the laws of the state concerning your business and also be able to get the requisite documents ready. The business lawyer will also know to draw up the necessary legal contracts required for the operation of your enterprise with your clients whether they are suppliers or customers.

He will and must act with your interest in mind and also elucidate in detail all nuances of any agreement that has been drawn up in simple legal terms that can be understood both by you and the other party involved. In addition, a legal business adviser in your company will only turn out to be a asset to the organization, particularly during issues that involve legal battles, especially if has been with the company for a few years and is well versed with everything that is happening inside it.