A Power of Attorney is an important document that allows you (“the principal”) to appoint an agent to make decisions concerning your legal and financial matters in the event you are unable to do so for yourself. If you have not executed a Power of Attorney document and you become incapacitated, a guardianship court proceeding will be required to authorize someone to make legal decisions on your behalf. A guardianship proceeding can take several months and cost several thousand dollars to complete. The good news is that creation of a valid Power of Attorney can avoid the necessity of a guardianship proceeding. As such, the execution of a Power of Attorney document is a very important estate planning tool.
Make sure you know the rules.
The old adage “get it in writing” is critical when it comes to commissioned sales employees. In fact, the New York Labor Law provides that you must have a detailed written agreement that is signed by both the employer and the commissioned sales employee.
On June 9, the Consumer Assistance to Recycle and Save Act was passed by the US House of Representatives. The intent of the legislation is to reduce the number of inefficient vehicles on the road while, of course, spurring vehicle sales for the troubled auto industry.
HoganWillig’s new building (and its interior office space) will be one of the first commercial LEED certified office buildings in Western New York. “LEED “stands for Leadership in Energy and Environmental Design. The design and construction of the building will be rated in seven different categories: Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality, Innovation in Design, and Regional Priority.
Domestic violence is a far more prevalent problem than most people realize. By some estimates, as many as one in three women have been abused by an intimate partner. While domestic abuse occurs more commonly against women, men can be victimized as well.
Uncertainty in life is a certainty. Our lives are in a constant state of flux, which requires planning in order to be in a position to address the unforeseen. Estate Planning and Asset Protection applies to almost everyone, regardless of age. As a person ages, they may be concerned about planning for the cost of their care while continuing to maintain their lifestyle, and about transferring their wealth to their children with minimal tax consequences.
This month, Corey J. Hogan and the personal injury team at HoganWillig obtained a significant settlement on behalf of our clients who lost four family members in a 2003 aviation accident in Florida. While this settlement cannot replace the lives of their loved ones, we hope that they can now begin to find peace and enjoy greater financial security. As stated by our client, “It has been a long road, but we can finally see the light at the end of the tunnel. It is important that we never gave up that we would be able to obtain justice. Without the team at HoganWillig, these results would not have been possible.”
Airplane crashes cause a substantial amount of pain and suffering for all those involved—families, friends and the surrounding community. Dealing with that pain and suffering can at times be unbearable, especially given the suddenness of a loved one being taken away. At the beginning, it is hard to imagine how one will press on and be able to continue supporting (financially and emotionally) the survivors of the victim. It is a rare occurrence when family or friends don’t question “why did this happen” and wonder if the accident was fate or if it could have been prevented.
Over 100 Million American adults have not designated an agent to make medical decisions or documented the type of care they desire. Although it can be a difficult issue to tackle, it is important for all adults to think about who would make certain medical decisions for them in the event they were too sick to convey their wishes personally. In some cases, the individuals assume that their spouses or children can step in and take over the medical decision-making. However, New York is one of a few states that do not automatically authorize families to make critical medical decisions for loved ones who lack the capacity to decide for themselves. Unfortunately, this fact is often not discovered until it is too late. As a result of the failure to specifically designate an agent to carry out your wishes, your family members and doctors could face bitter, lengthy legal battles in an effort to determine what treatments you would want.