Posts Tagged ‘Commercial’

Power of Attorney

October 22nd, 2022

Power of Attorney Taking Effect Regardless of Disability

Every adult has day-to-day affairs to manage,Guest Posting such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a spouse or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist.

The lack of properly prepared and executed power of attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. All states have legal procedures, guardianships or conservatorships, to provide for appointment of a Guardian. These normally require formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action. The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.

Advance preparation of the power of attorney can avoid the inconvenience and expense of legal proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his/her decision. Once a serious problem occurs, it is too late.

A federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was recently adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients. The effects of HIPAA are far reaching, and can render previously executed estate planning documents useless, without properly executed amendments, specifically addressing these issues. As HIPAA affects not only new documents, any previously executed documents are affected as well. Any previously executed Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives should have HIPAA amendments.

Georgia Trucking Laws Overview

March 28th, 2022

Georgia, also called the Peach State, is well known for its culture and history. It played a big role in the creation of modern law and government. Georgia is also fairly large compared to other states in the U.S. Atlanta is its biggest and most active city, also a tourist attraction to many. Considering its size and location on the east coast, it’s no surprise that Georgia has many transportation roads, including 17 interstate highways and 26 major routes. These roads serve as access points to and from Georgia but are also crucial to the transportation of goods.

Naturally, many of the major routes and highways of Georgia contain large trucks, some for cargo and some for personal use. Some of the larger tractor-trailers can even weight up to 80,000 pounds; imagine if that collided with a 4,000 pound car. While this may seem like a horrible image, it actually happens. A truck accident can often times be fatal, even some minor ones. It is usually questionable as to who’s fault the accident is, but truck drivers are held to specific guidelines. Every truck driver is bound by the Georgia law of negligence. Any truck driver who is at question for the fault of an accident by breaking any of the rules or regulations of the road may be charged with negligence. These drivers must follow additional rules called the Federal Motor Carrier Safety Regulations, which include qualifications, working hour restrictions, alcohol and drug testing, and vehicle inspection. If any of these regulations are suspected to be violated, in the case of an accident, a Georgia attorney should be contacted.

By Georgia law, interstate trucking companies are required to carry large insurance policies. The truck driver, truck company and insurer are responsible for any financial damage. Many times in a truck accident, a Georgia lawyer is involved and a settlement is reached in or out of court. Trucking and insurance companies can often be intimidating, but not with the help of an experienced law firm who completely understands the Georgia accident laws and road regulations.