Category: Legal

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As we wave goodbye to 2005 and charge into 2006, it is time to get your house in order. This is particularly true for the legal issues in your life.

Legal Planning

As drab as it may seem, legal planning can help you avoid disasters in your life. With the turn of the calendar, now is the time to give your life and business some thought.

On the family front, you should be thinking about changes you experienced in 2005 and if any of them require you to take some steps. If you got married, you need to jump through a few loopholes related to changing names, addresses with relevant companies and so on. If you had a new family addition, have you give consideration to updating your will or family trust? On a less enjoyable subject, are there any steps you need to make with parents who are growing older. Elder abuse, particularly financially, can be a problem and you may want to provide assistance to elder parents so they aren’t taken advantage of.

On the business front, now is the time to take a step back and reflect upon how things are going. Did you meet your goals in 2005? If you didn’t, how do you plan to make 2006 a better year? In making this determination, you need to be honest with yourself and make sure you evaluate your week points. From a legal perspective, are all of your relevant business documents up to date? Have annual minutes been filed for your corporation or LLC?

A particular area where businesses fail to follow up are changes in contracts. When entering a contract, both parties tend to see great success in the future. Inevitably, they discover the agreement needs to be tweaked to allow for circumstances and so on. When this occurs, the parties will often reach an oral agreement or just shake hands on it. Such agreements are not binding on the parties. If a dispute occurs, the business relationship will be evaluated using the original agreement. That can lead to a nightmare of circumstances. If you’ve tweaked an agreement with another party, now is the time to get such an amendment in writing!

April 15th sounds a long way off, but it will come faster than you can imagine. Yep, I’m talking about taxes. Do you feel you pay too much in taxes? Of course you do. This is a god given right of every American. Well, now is the time to do something about it. You should contact your CPA and do some tax planning for 2006. Saving taxes often comes down to how you collect revenues and distribute them. Slight changes can save you tens of thousands of dollars, but you must implement them early in the calendar year.

As the calendar flipped to 2006, you undoubtedly made a resolution to do something. Getting your legal house in order probably wasn’t what you had in mind, but it is something you should do!

Richard A. Chapo is a San Diego business lawyer with San Diego Business Law Firm providing legal services and legal advice for businesses. Visit SanDiegoBusinessLawFirm.com to read business law articles.

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If you are requesting legal guardianship over an individual, you need to understand that being a guardian is a great responsibility. The probate court oversees the petition process. You need to petition for guardianship with the probate court in the area where the person you want guardianship over resides.

The court where the person resides is said to have jurisdiction over the case. You need to show the person is incapacitated, that is, that the person cannot take care of himself. In many cases, adult children are finding it necessary to ask for guardianship over their aging parents who no longer care for themselves.

But realize that you will have many duties as a guardian. You are responsible for his living arrangements. You need to provide a safe and comfortable place for him to live. You need to choose a place that has the minimal living restrictions. This means if he or she can live well in an assisted living quarters, you will not be allowed to confine him or her to a nursing home.

You will be responsible for his nutrition. You have to realize that many people lose their appetite as they grow older. When elderly people do not eat regularly, they open themselves up to medical complications. There are many liquid diet supplements that are available for elderly people who forget or choose not to eat solid food. You need to meet with his doctor to find out the best source of nutrition.

Of course if you are asking for guardianship of a loved one, no one has to tell you to take good care of the person. But even the most patient son or daughter can be challenged by an elderly parent that does not want to eat, or go to the doctor, or take his or her medication.

You have to at all times remain patient and understanding. There are many professional counselors who meet with guardians to support their decision to be responsible for incapacitated parents or other loved ones. Take advantage of their services.

When you petition the court for guardianship, you will need to submit medical records out ling the degree of incapacity. You will also need to submit sworn testimony of people who agree with your petition. The guardianship might be for the life of the person, or you might petition for a time until the person regains capacity.

Once you are awarded guardianship, you will need to provide the court with updates about your care. You need to provide evidence that you are in fact taking care of the individual. Before you are granted guardianship, the court will appoint an independent, temporary guardian who will meet with the person to determine the need for guardianship. Once everything is in order and approved by the court, your legal responsibility begins.