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	<title>Law Blog! &#187; criminal defense lawyer</title>
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		<title>Need a San Diego defense or defense?</title>
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		<pubDate>Thu, 21 Jul 2011 03:03:56 +0000</pubDate>
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		<description><![CDATA[Article from San Diego defender Sometimes it is difficult to achieve decent people especially, and they end up looking at the wrong end of a very bad road that lead to prison, most likely. This may not even know what they will bear responsibility. If you find that you are a defender in San Diego [...]]]></description>
			<content:encoded><![CDATA[<p> Article from San Diego defender </p>
<p> Sometimes it is difficult to achieve decent people especially, and they end up looking at the wrong end of a very bad road that lead to prison, most likely. This may not even know what they will bear responsibility. If you find that you are a defender in San Diego or defenders need to keep a few things. </P> Many people are unaware that many lawyers aren? T necessarily experienced in providing a case in court. Most of the time the business is able to take place before the hearing to be solved, so if you believe it? A good chance that your case will end up in the trial, you may want a lawyer who has a proven track record in the test cases, particularly in the area of ??law that your case is seeking. Since this person could even fight for your freedom, it is important to have that experience and confidence in their ability to choose to handle a trial. </P> One thing that you are trying to avoid, should, especially if you are a criminal, say it is for everyone, but with a lawyer. Friends, family and the police should not hear the details of your case until you initially said a lawyer, and only then, if the lawyer informs you that the issue go public good. The reason for this is that everything you say, a person (a potential witness) may be used against you in court. </P> If you can, a search for a San Diego criminal defense lawyer and contact him as soon as possible. Having all the details to your lawyer, he will be able to tell you what information is correct to refer to other, and which are not. Of course this is only advise, but if you need something that can be interpreted differently, as you say, think, can serve as evidence of the prosecution to support? S history, you can hurt them at trial. </P> complaint is a very serious situation, and therefore you should make sure that is what San Diego attorney to represent you experience in dealing with cases similar to yours to choose. It is not advisable to try to prove a tax consultant, you hire innocent of Grand Theft Auto. Cost a mistake in choosing the right lawyer you could be your reputation and your freedom. </P></p>
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		<title>Divorce Attorney &#8211; Finding A Good One</title>
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		<pubDate>Sat, 26 Feb 2011 15:23:28 +0000</pubDate>
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		<description><![CDATA[By Skye Liversea Using a low cost divorce service instead of a divorce attorney, is often cited as the only way to keep a simple case simple, but keeping your divorce simple may mean you walk away with less than you're entitled to. If you're determined to go it alone, that's a valid option if you seek the assistance of an experienced divorce attorney divorce coach. ]]></description>
			<content:encoded><![CDATA[<p>By Skye Liversea</p>
<p>Using a low cost divorce service instead of a divorce attorney, is often cited as the only way to keep a simple case simple, but keeping your divorce simple may mean you walk away with less than you&#8217;re entitled to. If you&#8217;re determined to go it alone, that&#8217;s a valid option if you seek the assistance of an experienced divorce attorney divorce coach. Do a search for divorce coach for ideas and information on how to locate a good divorce attorney divorce coach. But for most of us, in the majority of cases where divorce is inevitable, the assistance of divorce lawyers or divorce attorneys will be needed.</p>
<p>You want at least three essential qualities in a divorce attorney &#8211; experience, reliability, and a good attitude.</p>
<p>How do you find a good divorce attorney? Personal referrals have proven to be very effective when seeking a good divorce attorney. Ask your friends, colleagues and acquaintaces about their experience with divorce attorneys. Naturally, you&#8217;ll be wanting to find out about divorce attorneys from those friends and colleagues who have had personal experience with divorce attorneys, so look primarily to people you know who have gone through a divorce and whose circumstances appear to be fairly similar to yours. Ask them about their case, how they employed a divorce attorney, and how their divorce attorney worked out for them. Ask them how satisfied they were with their divorce attorney, and whether they would recommend their divorce attorney for others. Ask about the cost of their divorce attorney, so you have some general idea on the likely cost to you of retaining a divorce attorney for your divorce.</p>
<p>You should educate yourself to your rights through a consultation with a qualified divorce attorney. A divorce attorney can help protect you and your rights. Your rights and obligations during this time can easily be overlooked if you delay in consulting a divorce attorney. It only makes sense to be represented by a divorce attorney to protect your legal rights. Step one in the process of selecting a divorce attorney is to identify the type of case that you have. In order to do this, you need to select a divorce attorney who you can have confidence in throughout the divorce process.</p>
<p>Do a search for &#8220;divorce attorney free email case review&#8221;, and see what you can find.</p>
<p>Make sure you find a qualified divorce attorney who has experience and success with divorce law. Because your divorce attorney is (or at least should be) firmly in your corner, talking to him/her can be a very reassuring experience.</p>
<p>About the Author: Skye Liversea writes on various topics, including divorce related issues. For the remainder of this article, go to &#8211; <a href="http://www.article-portal.com/divorce-attorney.htm" title="http://www.article-portal.com/divorce-attorney.htm" target="_blank" rel='nofollow'>http://www.article-portal.com/divorce-attorney.htm</a></p>
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<p>Link: <a target="_blank" href="http://www.isnare.com/?aid=39362&#038;ca=Legal" title="Divorce Attorney - Finding A Good One">Divorce Attorney &#8211; Finding A Good One</a></p>
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		<title>Power Of Attorney And Planning Ahead Can Help</title>
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		<pubDate>Sat, 26 Feb 2011 14:48:46 +0000</pubDate>
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		<description><![CDATA[By Jeffrey Broobin At present, many people have not planned for their potential incompetence. There are number of legal devices that are readily available to assist people in expressing their wishes in advance. Two of these devices include a Durable Power of Attorney for Financial Decisions (General Durable Power of Attorney), and Durable Power of Attorney for Health Care Decisions]]></description>
			<content:encoded><![CDATA[<p>By Jeffrey Broobin</p>
<p>At present, many people have not planned for their potential incompetence. There are number of legal devices that are readily available to assist people in expressing their wishes in advance. Two of these devices include a Durable Power of Attorney for Financial Decisions (General Durable Power of Attorney), and Durable Power of Attorney for Health Care Decisions. A senior citizen may become permanently disabled due to a stroke, or a young adult might be rendered temporarily unconscious as a result of an automobile accident. In both of these scenarios, the trauma thrust upon everyone involved can be overwhelming, especially when interested parties disagree about how to handle the crisis. As with most things in life, planning ahead can help.</p>
<p>The two devices, Durable Power of Attorney for Financial Decisions and Durable Power of Attorney for Health Care Decisions, will be discussed separately.</p>
<p>A durable power of attorney, is a form of agency. The person who gives the power is the principal, and the person who receives the power is the &#8220;attorney-in-fact&#8221; or agent. &#8220;Durable&#8221; in this context means that the agent&#8217;s power will survive the principal&#8217;s incapacity or disability. As a resultDurable Power of Attorney&#8217;s, can be used as an alternative to guardianship in some states under certain circumstances, provided the principal executed the document before losing capacity.</p>
<p>As a general rule, a General power of attorney is also referred to as a Durable Power of Attorney for Financial Decisions, or simply a Durable Power of Attorney. A Durable Power of Attorney for Health Care Decisions is also a Durable Power of Attorney, but its authority is limited to health care decisions. In Kansas, both powers can be contained in the same document. Because these two documents convey such divergent authority to one person, many seniors choose a different person for each of these powers. The agent&#8217;s authority to act for the principal under a Durable Power of Attorney is based on the powers that the principal gives to her. Whether broad, general powers or limited, specific powers are given to the agent is completely determined by the principal. Among other things, the principal may delegate to the agent in the Durable Power of Attorney the authority to make deposits and withdrawals from his checking account, to file his tax returns, and to sell his home. There are a few powers, however, that the principal may not delegate. For example, the agent cannot prepare a will, vote, or seek a divorce on the principal&#8217;s behalf. In Kansas, the principal may grant a gifting&#8221; power to her agent, but this power generally must be stated with specificity within in &#8220;the Durable Power of Attorney.</p>
<p>Two primary methods exist to determine the effective date of an agent&#8217;s power under a Durable Power of Attorney. First, a Durable Power of Attorney may confer power to an agent at the time the documents are executed and delivered. A second method reserves the agent&#8217;s power until the principal has become incapacitated or disabled. Upon the occurrence of either of these events, the power springs into effect. This type of Durable Power of Attorney is labeled &#8220;springing.&#8221; Kansas law provides for both types in the Uniform Durable Power of Attorney Act. Senior citizens&#8217; needs vary; therefore, no solution is best for all people. Many considerations will need to be evaluated in order to determine how the senior&#8217;s needs are best meet.</p>
<p>A durable power of attorney is revocable by the principal while he still has capacity. If the agent has a financial interest in the subject matter of the power of attorney, the power is generally irrevocable. Most senior citizens who execute Durable Power of Attorney&#8217;s are getting assistance with their day to day personal affairs and their agents do not have an ownership interest in the senior&#8217;s property which would preclude revocation. In addition, revocation can be by implication, in addition to, destruction of the document or express revocation by the principal.</p>
<p>Other modes of termination include: death of the principal or agent, occurrence of a specific event, qualification of a guardian, or the passage of a date of expiration. Generally, after the death of the principal, the agent of a Durable Power of Attorney may bind the principal using a Durable Power of Attorney only if she does not know of the occurrence of this event.</p>
<p>The agent binds the principal in accordance with the laws of agency. As a result, the principal is personally liable for contracts made by the agent on the principal&#8217;s behalf. The agent should follow the direction of the principal while the principal remains competent. The agent has a duty to act solely for the benefit of the principal, and if she does not, she is subjected to liability for her breach. Although this general principal is true, often the agent may not have any assets for which she may be held accountable. As a result, senior citizens are often advised to select a trustworthy person to be their agent. If the principal&#8217;s competency is in question, the agent may need to seek determination of a court prior to acting against the wishes of the principal, or she may be liable to the principal for breach of her fiduciary duty.</p>
<p>Kansas law does provide for the recording of any instrument which affects real estate. Recording, however, is not currently required by Kansas law. If the original Durable Power of Attorney was recorded, however, any subsequent revocation should be recorded. Some states do required recording of a Durable Power of Attorney that will affect real estate.</p>
<p>The Kansas statutes provide for a Durable Power of Attorney for Health Care Decisions. The same basic concepts explained above for Durable Power of Attorney apply to the Durable Power of Attorney for Health Care Decisions with regard to agency law, effectiveness, revocation, and termination.</p>
<p>The key difference between the Durable Power of Attorney and the Durable Power of Attorney for Health Care Decisions is the authority granted. The Durable Power of Attorney for Health Care Decisions specifically grants authority to the agent to make decisions about and relating to medical treatment. For example, the agent make consent to treatment, refuse to consent to treatment, or withdraw consent to treatment. In addition to these decisions directly about medical treatment, the agent may make all arrangements at any hospital or nursing care facility, employ or discharge care personnel, request, receive, and review any information about the personal affairs or physical or mental health of the principal.</p>
<p>As a contingency, it is recommended that the principal select a successor to his agent. The successor attorney-in-fact may be designated in the same document as the primary attorney-in-fact. If this does occur, the Durable Power of Attorney will continue, beyond the life of the primary attorney-in-fact, provided the successor is living and competent.</p>
<p>A complete discussion of statutory formalities, drafting, and various tax liability is beyond the scope of this summary. It should be noted however, that most states restrict who may be a witness to a Durable Power of Attorney or Durable Power of Attorney for Health Care Decisions, and some restrict who may be an Health care agent.</p>
<p>This overview of the law is for referenceand education only, and is no replacement for competent legal counsel.</p>
<p>About the Author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: <a href="http://www.legalhelpmate.com" target="_blank" rel='nofollow'>http://www.legalhelpmate.com</a> Email: jeffreyb@legalhelper.ws</p>
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<p>See original here: <a target="_blank" href="http://www.isnare.com/?aid=14002&#038;ca=Legal" title="Power Of Attorney And Planning Ahead Can Help">Power Of Attorney And Planning Ahead Can Help</a></p>
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		<title>Lifetime Planning With A Power Of Attorney</title>
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		<pubDate>Sat, 26 Feb 2011 14:15:05 +0000</pubDate>
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		<description><![CDATA[By Jeffrey Broobin An important part of lifetime planning is the Power of Attorney. ]]></description>
			<content:encoded><![CDATA[<p>By Jeffrey Broobin</p>
<p>An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations.</p>
<p>It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are &#8220;springing&#8221; Powers of Attorney.</p>
<p>It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.</p>
<p>The person named in a Power of Attorney to act on your behalfis commonly referred to as your &#8220;agent&#8221; or &#8220;attorney-in-fact.&#8221; With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.</p>
<p>For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the Power of Attorney be presented before your agent&#8217;s authority to sign the title will be honored.</p>
<p>Similarly, an agent who signs documents to buy or sell real property on your behalf must present the Power of Attorney to the title company. The same applies to sale of securities or opening and closing bank accounts.</p>
<p>However, your agent generally should not need to present the Power of Attorney when signing checks for you.</p>
<p>Why would anyone give such sweeping authority to another person? One answer is convenience. If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a Power of Attorney.</p>
<p>Another important reason to use Powers of Attorney is to prepare for situations when you may not be able to act on your own behalf due to absence or incapacity.</p>
<p>Such a disability may be temporary (e.g., due to travel, accident, or illness) or it may be permanent.</p>
<p>If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act for you.<br />
<br />People appointed in this manner are referred to as guardians, conservators, or committees depending upon your local state law.</p>
<p>If a court proceeding, sometimes known as intervention, is needed, than you may not have the ability to choose the person who will act for you. With A Power of Attorney, you choose who will act and define their authority and its limits, if any.</p>
<p>What if I move? Generally, a Power of Attorney that is valid when you sign it will remain valid even if you change your state of residence. Although it should not be necessaryto sign a new Power of Attorney merely because you have moved to a new state, it is a good idea to take the opportunity to update your Power of Attorney.</p>
<p>Will my Power of Attorney expire? Some states used to require renewal of Powers of Attorney for continuing validity. Today, most states permit a &#8220;durable&#8221; Power of Attorney that remains valid once signed until you die or revoke the document.</p>
<p>However, you periodically meet with your lawyer to revisit a Power of Attorney and consider whether your choice of agent still meets your needs and learn whether developments in state law affect your Power of Attorney.</p>
<p>About the Author: Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: <a href="http://www.legalhelpmate.com" target="_blank" rel='nofollow'>http://www.legalhelpmate.com</a> Email: jeffreyb@legalhelper.ws</p>
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<p>Go here to read the rest: <a target="_blank" href="http://www.isnare.com/?aid=13833&#038;ca=Legal" title="Lifetime Planning With A Power Of Attorney">Lifetime Planning With A Power Of Attorney</a></p>
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		<title>Consequences of Not Hiring an Attorney</title>
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		<pubDate>Sat, 26 Feb 2011 13:32:11 +0000</pubDate>
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		<description><![CDATA[By Christine Dunbar So you have been arrested and convicted of a DUI, and you are weighing the pros and cons of hiring a lawyer right? We all know that hiring an attorney can be pricey, but have you ever thought about the consequences of not having an experienced lawyer on your side]]></description>
			<content:encoded><![CDATA[<p>By Christine Dunbar</p>
<p>So you have been arrested and convicted of a DUI, and you are weighing the pros and cons of hiring a lawyer right? We all know that hiring an attorney can be pricey, but have you ever thought about the consequences of not having an experienced lawyer on your side? This article will discuss the possible consequences you could face if you choose to not hire a lawyer.</p>
<p>An experienced lawyer on your side can and probably will make a very big difference in your legal battles. The law system can be very hard to understand, and unless you have training in the legal process it is highly recommended to hire one. Having a lawyer on your side will probably help ease your nerves and let you relax a little bit. I know it is hard to relax when you have a DUI to worry about, but knowing that there is someone with experience on your side has to be worth something. If you do not have a lawyer fighting for you, you miss the chance to file an appeal. Each state and jurisdiction will have varying laws, but all of them will have some sort of deadline. Chances are that you, just like any non-lawyer, has no idea what these deadlines are. The ability to file an appeal may have a long-lasting effect on your case, and should you miss that deadline you will not be able to file that appeal. Once this deadline has passed, it is quite possible that you will have lost the ability to drive for a longer than needed time period. Only an experienced lawyer will be able to provide you with all the specifics of the appeal process.</p>
<p>If you do have a lawyer on your side, he or she may be able to help you keep your driving privileges. There are certain circumstances where the appeal process, even with a DUI, can allow you to maintain the ability to drive. This may include a hardship appeal which pretty says that without the ability to drive you will not be able to work, and this would create a hardship for you. This is something that your lawyer, should you choose to hire one, will do for you.</p>
<p>Many people really have no idea about the laws when it comes to a DUI. Perhaps during your arrest something went wrong, or actions were done that really shouldn&rsquo;t have been done. Unless you have someone fighting for your rights, you may be being taken advantage of. An experienced DUI lawyer will be able to sometimes secure video tapes of your arrest and then make a determination of if that arrest was in fact valid. Your lawyer will also make sure that the reason that you were pulled over to begin with was indeed within the scope of the law.</p>
<p>So while you are considering if you should spend the money on hiring a lawyer, you may want to think about what could happen to you if you don&rsquo;t. Most people would agree that having someone who is experienced and knowledge about laws pertaining to DUI is priceless. Who else is going to stand up and fight for you?</p>
<p>About the Author: Christine writes about a variety of legal topics. For more information visit <a href="http://legal4financial.com/" rel='nofollow'>http://legal4financial.com/</a>.The information above is not legal advice &#8211; we are not attorneys.</p>
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<p>See the article here: <a target="_blank" href="http://www.isnare.com/?aid=640062&#038;ca=Legal" title="Consequences of Not Hiring an Attorney">Consequences of Not Hiring an Attorney</a></p>
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		<title>I Don&#8217;t Want to Be a Criminal Attorney Afterall</title>
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		<pubDate>Sat, 26 Feb 2011 10:50:00 +0000</pubDate>
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		<description><![CDATA[By Adrianna Noton I grew up wanting to be an attorney. I went to an unaccredited law school. I could sit for the bar, but my school was not ABA accredited. ]]></description>
			<content:encoded><![CDATA[<p>By Adrianna Noton</p>
<p>I grew up wanting to be an attorney. I went to an unaccredited law school. I could sit for the bar, but my school was not ABA accredited. This meant I would not get offers from the big law firms. But I wanted to be a criminal attorney so I thought this would not matter.</p>
<p>But going to a small unaccredited law school also meant the government would not be quick to offer me a position either. But I only wanted to graduate so I could take the bar exam. I figures I could think later about finding a lawyer job.</p>
<p>However, the practical experience in criminal law came from working for the government. Most criminal attorneys working in the private sector started as a deputy public defender or deputy district attorney. And I was not going be able to break into that area coming from a small school. On top of that when I graduated the state had a hiring freeze because of budget constraints. About a year later however, the freeze was lifted for one opening. I interviewed and scored an 88 out of a possible 100. This was not good enough to land the only opening in a year with all the competition out there I knew.</p>
<p>Three days later I got a letter explaining the hiring freeze was back on. The position was not even filled before the freeze was on again. The next day I enrolled in a course on DUI law practice. I had not gone to school to defend drunk drivers but it was a part of criminal law.</p>
<p>After completing the course I ran an ad in the local shopper. My phone rang all day long. I went to court with my first client. The courtroom was in the city I grew up in across the street from the college I graduated from.</p>
<p>There was no defense to my client&#8217;s charge. As my DUI class instructor said sometimes lawyers are there simply to hold their client&#8217;s hand in court. That was my job. But I wanted to go through the steps just the same. I walked over to the district attorney&#8217;s desk. She was chatting with the female bailiff.</p>
<p>Once done, the bailiff looked me up and down turned her nose up and walked away. I asked the deputy district attorney to confirm the charge against my client and asked her the sentence the state would agree to. I learned to do this in class. She rearranged her papers and without looking my way said I will learn when the judge started the case.</p>
<p>The female judge treated me with respect and even smiled when she talked to me. I assumed she came up the ranks of the public defenders office. The bailiff and the deputy district attorney made me feel like I was on trial however. Since it was my client&#8217;s first offense he was given the minimum penalty. He had his license suspended for one year. But I was able to have him able to drive legally if he was going to and from work and while at work since his job required that he drive. But that was my first and last criminal court case. I realized as criminal attorney I had to expect to be treated like the one who was on trial. And that is not what I expected and not what I want in my career.</p>
<p>About the Author: Having a well experienced <a href="http://www.lyonssnyder.com/" rel='nofollow'>criminal lawyer Fort Lauderdale</a> is greatly beneficial to the case. A <a href="http://www.lyonssnyder.com/" rel='nofollow'>Fort Lauderdale criminal attorney</a> will use their expertise to fight for your welfare, guaranteeing the best possible outcomes.</p>
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		<title>A Power of Attorney is No Cure-All</title>
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		<pubDate>Sat, 26 Feb 2011 10:29:28 +0000</pubDate>
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		<description><![CDATA[By Deborah Dillon A power of attorney means peace of mind to a lot of people. What they don&#8217;t know is that there are several different types of powers of attorney and if you don&#8217;t have the right one it can put you and/or your family at significant risk depending upon your particular set of circumstances]]></description>
			<content:encoded><![CDATA[<p>By Deborah Dillon</p>
<p>A power of attorney means peace of mind to a lot of people. What they don&rsquo;t know is that there are several different types of powers of attorney and if you don&rsquo;t have the right one it can put you and/or your family at significant risk depending upon your particular set of circumstances. An attorney can give you the details of each type of power of attorney and how they work in your state but here&rsquo;s a quick description of the three most common.</p>
<p><b>The Most Common Powers of Attorney</b><br />
<br />&#8226; The Universal Power of Attorney allows one or more people to act on your behalf for any reason at any time.</p>
<p>&#8226; The Limited Power of Attorney specifies under what set of circumstances or during what period of time someone is allowed to act on your behalf for certain activities. As an example, it can give someone the authority to act on your behalf for all of your financial affairs in the event of your illness or incapacitation.</p>
<p>&#8226; The Specific Power of Attorney usually gives someone authorization to act on your behalf for one specific undertaking like authorizing someone else to sign the closing documents when you buy or sell a house.</p>
<p><b>Beware of the Universal Power of Attorney</b><br />
<br />So, why is it important for you to know what types of powers of attorney there are and the benefits and risks of each? The answer is that most of us use only the Universal Power of Attorney; thinking that we are protecting ourselves because we lack the awareness of all of the available options. Many people don&rsquo;t realize a Universal Power of Attorney gives nearly unlimited power to the holder of this document. It gives that person the legal ability to at any time and for any reason access your medical records; withdraw funds from your bank or investment accounts; sign a contract in your name to buy or sell securities, real estate, an automobile or boat; take out a loan and on and on.</p>
<p><b>Limited Power of Attorney</b><br />
<br />A Limited Power of Attorney is an option for designated activities that kicks in only in the event of illness or incapacitation (which is valid as long as a doctor continues to certify the illness or incapacitation) or during a specific span of time. These limits reduce your exposure to possible excesses or bad judgments by those who hold your limited power of attorney.</p>
<p><b>Using Different Powers of Attorney for Maximum Flexibility</b><br />
<br />Another thing to consider when designing a legal backup system that will come to your aid when the unexpected happens is whether it is a good idea to overburden any one person with all of the responsibilities of keeping your life afloat until you are able to once again take control of it yourself. The person best suited to oversee your financial and small business matters may not be the best person to care for your pets, children or household. Consider that it would be overwhelming for one person to have to take care of all facets of someone else&rsquo;s life for any period of time. Making separate authorizations naming several different friends or family members to undertake the various responsibilities of your life protects you more thoroughly.</p>
<p><b>Knowledge is Power</b><br />
<br />It is equally important that you provide those you have entrusted to act on your behalf in times of emergency or crisis with the information and instructions necessary for them to know how to help you. So, no matter how many authorizations or powers of attorney you may have put into place, you need to make sure that those who hold your powers of attorney know what you want and expect &ndash; from your business needs to the running of your household. If you don&rsquo;t do this, it would be like hiring a builder but not giving him the plans for the house you want to build.</p>
<p>This process sounds daunting but it can actually be very easy and inexpensive with resources like those offered at http://livingsmartguides.com</p>
<p>Whatever tools you select to enable others to give you the help you need in a crunch, don&rsquo;t delay putting these protections into place so you&rsquo;re better prepared for whatever lies ahead.</p>
<p>About the Author: Deb Dillon is the founder and creator of LivingSmartguides.com She was diagnosed with a brain tumor and it changed her life completely and from this experience came LivingSmart, thorough legal guides to protect yourself and your family from life&#8217;s unexpected events by planning for them in advance. LivingSmart Guides address all important aspects of life &#8211; including medical, personal, household, financial, minor children, pets, small business, and estate matters. <a href="http://livingsmartguides.com" title="http://livingsmartguides.com" target="_blank" rel='nofollow'>http://livingsmartguides.com</a></p>
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<p>Excerpt from: <a target="_blank" href="http://www.isnare.com/?aid=412717&#038;ca=Legal" title="A Power of Attorney is No Cure-All">A Power of Attorney is No Cure-All</a></p>
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		<title>Different Types of Power of Attorney</title>
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		<pubDate>Sat, 26 Feb 2011 09:42:52 +0000</pubDate>
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		<description><![CDATA[By Melissa Gordon Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the 'principal', the individual who wishes to relinquish control of their affairs, and the 'attorney-at-fact', the person who takes control of the principal's business and legal dealings. Non-Durable Power of Attorney Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. ]]></description>
			<content:encoded><![CDATA[<p>By Melissa Gordon</p>
<p>Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the &#8216;principal&#8217;, the individual who wishes to relinquish control of their affairs, and the &#8216;attorney-at-fact&#8217;, the person who takes control of the principal&#8217;s business and legal dealings.</p>
<p>Non-Durable Power of Attorney</p>
<p>Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.</p>
<p>Non-durable power of attorney is effective immediately.</p>
<p>Durable Power of Attorney</p>
<p>This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not Resuscitate</p>
<p>Durable power of attorney is effective immediately.</p>
<p>Springing Power of Attorney</p>
<p>Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.</p>
<p>These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal&#8217;s affairs &ndash; it can sometimes only apply to one aspect, such as financial. The differences are as follows:</p>
<p>Special or Limited Power of Attorney</p>
<p>Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal&#8217;s life apart from the sector they are charged with.</p>
<p>Any other type of power of attorney is called General Attorney, which applies to all affairs and dealings of the principal.</p>
<p>Health Care Power of Attorney</p>
<p>This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.</p>
<p>Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.</p>
<p>About the Author: LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your <a href="http://legalbuffet.com/power-of-attorney/" rel='nofollow'>general power of attorney</a> needs at <a href="http://legalbuffet.com/power-of-attorney/" rel='nofollow'>http://legalbuffet.com/power-of-attorney/</a>.</p>
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		<title>4 Things You Should Know When Hiring a Tax Attorney</title>
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		<pubDate>Sat, 26 Feb 2011 09:23:58 +0000</pubDate>
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		<description><![CDATA[By Seomul Evans If you chose in the past to forego the services of a tax attorney and now find yourself in trouble with the IRS, either because of back taxes, and audit, investment fraud, or anything else, now is the time to hire a tax attorney. And now means now. ]]></description>
			<content:encoded><![CDATA[<p>By Seomul Evans</p>
<p>If you chose in the past to forego the services of a tax attorney and now find yourself in trouble with the IRS, either because of back taxes, and audit, investment fraud, or anything else, now is the time to hire a tax attorney. And now means now. Don&#8217;t wait another minute. Waiting too long to address the issues can result in liens, garnishment, fines, interest, and even prison time. Here are four things you need to know when pursuing the services of a tax attorney.</p>
<p>1. Generalist or Specialist. The attorneys you find in your area will either specialize in a particular area or identify themselves as generalists. While generalists may be helpful in some cases, you need an attorney that specializes in tax law. And you need to find one with a good reputation and track record. Check him or her out to make sure he or she is in good standing with the bar association and with the IRS.</p>
<p>2. Fee Schedules. Tax attorneys aren&#8217;t cheap. They work hard to specialize in their particular area of expertise and they provide a valuable service to folks who find themselves in hot water with the IRS. Because of their value, they can get away with charging a lot for their services. So before you decide on one particular attorney, make sure you can afford his or her services. Fees will vary depending on how complex your case is, where you live, and the particular attorney you&rsquo;re considering hiring. There are three typical fee structures.</p>
<p>&#8226; Hourly Rate. This is very common among tax attorneys. He will charge you based on the amount of time he spends working on your case. When you have your free consultation with him, he will be able to give you an idea of how many hours will be required for him to resolve the issues.</p>
<p>&#8226; Flat Rate. As the name suggests, the tax attorney will review your case and tell you exactly how much he will charge you.</p>
<p>&#8226; Contingency. In this case, the attorney will charge you a fixed percentage of whatever she is able to recover on your behalf. But you will be responsible for other expenses such as phone charges, copies, filing fees, court costs, and others.</p>
<p>3. Retainers. Regardless of the type of fee structure your attorney uses, you will probably be charged a retainer. A retainer is essentially a down payment for the attorney&#8217;s services and part of it will be paid back to you once the work is completed.</p>
<p>4. Other Questions to Ask. When you&#8217;re interviewing potential tax attorneys you also need to find out if the tax attorney will be handing off your case to someone else or taking care of it himself or herself. Handing it off to someone else shouldn&#8217;t necessarily be a deal-breaker, but you should ask to speak to the person who will actually be handling your case. Find out how many cases similar to yours your potential attorney has handled. How many went to trial and how many were settled outside of the courtroom? Are you comfortable sharing sensitive, personal, and financial information with this person?</p>
<p>Although the cost of hiring a tax attorney may seem prohibitive, the cost of not hiring a tax attorney is far greater. Tax attorneys can negotiate on your behalf such that you end up having to pay the IRS far less than you would had you represented yourself. They can advocate on your behalf as you interact with IRS agents, which makes the whole process much less intimidating and scary.  So instead of asking yourself whether you can afford a tax attorney, ask yourself if you can afford not to hire one.</p>
<p>About the Author: Seomul Evans is a <a href="http://www.seo-1-marketing-services.com" title="DFW SEO" rel='nofollow'>DFW SEO</a> consultant for leading <a href="http://www.myirsteam.com" title="Ft Worth IRS Lawyers" rel='nofollow'>Ft Worth IRS Lawyers</a> and contributor of <a href="http://www.internet-marketing-cafe.com" title="Free Cyber Law articles" rel='nofollow'>Free Cyber Law articles</a>.</p>
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<br />Permanent Link: <a href="http://www.isnare.com/?aid=367089&#038;ca=Finances" rel='nofollow'>http://www.isnare.com/?aid=367089&#038;ca=Finances</a></p>
<p>The rest is here: <a target="_blank" href="http://www.isnare.com/?aid=367089&#038;ca=Finances" title="4 Things You Should Know When Hiring a Tax Attorney">4 Things You Should Know When Hiring a Tax Attorney</a></p>
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		<title>5 Reasons You Need to Hire a Tax Attorney</title>
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		<pubDate>Sat, 26 Feb 2011 09:16:32 +0000</pubDate>
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		<description><![CDATA[By Seomul Evans This probably won't come as any great shock, but it's never a good idea to go into an IRS office by yourself if you discover that you are being audited or that the IRS is looking upon you with suspicion. In such a case, you're always better off taking a tax attorney with you. And while hiring a tax attorney may seem like a financial burden, it's a burden that you need to shoulder. ]]></description>
			<content:encoded><![CDATA[<p>By Seomul Evans</p>
<p>This probably won&#8217;t come as any great shock, but it&#8217;s never a good idea to go into an IRS office by yourself if you discover that you are being audited or that the IRS is looking upon you with suspicion. In such a case, you&#8217;re always better off taking a tax attorney with you. And while hiring a tax attorney may seem like a financial burden, it&#8217;s a burden that you need to shoulder. The cost of using a tax attorney is far less than the potential cost of not using one if you end up having to pay dearly as a result of an audit.</p>
<p>Here are five reasons you need to hire a tax attorney:</p>
<p>1. The main reason to hire a tax attorney is peace of mind. There are few things in life more frightening than finding out that you are the target of an IRS audit, but hiring a tax attorney can keep you from being completely overwhelmed and filled with dread. You should never attempt to represent yourself in such a situation as tax law is a complex field and should be left to a seasoned professional.</p>
<p>2. A good tax attorney has lots of experience dealing with the IRS and knows how negotiate with them. They know all about tax liens, levies, and tax debts, and can ensure that you end up with as little tax debt as possible.</p>
<p>3. There exist two different kinds of tax attorneys. The first kind is a personal attorney. A personal attorney can help you if you are personally audited by the IRS. And, as the name suggests, a corporate attorney will assist you if your business is audited by the IRS. Be sure to hire an attorney that can help you with your specific needs. Hiring a personal attorney to help with a business audit may provide some benefit, but you won&#8217;t get the expertise from a personal attorney that you would get from a business attorney. But whether you need a personal attorney or a corporate attorney, an experienced IRS attorney will make sure that you avoid the maximum penalties that the IRS can issue to you.</p>
<p>4. The auditor is not your friend. No matter how friendly and helpful he or she may seem, the job of the auditor is to get as much money out of you as possible while still following the law. The job of the IRS attorney, as much as possible, is to keep the auditor out of your money. Stand back and let them do their respective jobs. You&#8217;ll sleep much better at night.</p>
<p>5. Seasoned tax attorneys know tax law inside and out. They know the loopholes, they understand the legalese, and they know how to negotiate. Don&#8217;t be tempted by the prospect of quickly studying tax law. You&#8217;ll never be as effective in your own defense as a tax attorney will be.</p>
<p>While it&#8217;s true that hiring a tax attorney can be an expensive endeavor, in the end, you can&#8217;t afford not to hire one. Given the amount of money that you can save by using the services of an experienced attorney, and given the peace of mind that comes with knowing that a professional is looking out for your best interests, the price of a tax attorney is well worth it. When you have a tax attorney on your side the first time you walk into the office of the auditor, you&#8217;ll realize just how much you&#8217;ve saved in anxiety and, if all goes as it should, penalties. So get recommendations from friends and families and hire a reputable local tax attorney. You&#8217;ll sleep better!</p>
<p>About the Author: Seomul Evans is a <a href="http://www.seo-1-marketing-services.com" title="Dallas SEO" rel='nofollow'>Dallas SEO</a> consultant for leading <a href="http://www.myirsteam.com" title="Fort Worth tax Lawyers" rel='nofollow'>Fort Worth Tax Lawyers</a> and contributor of <a href="http://www.articles-cafe.com" title="Law articles" rel='nofollow'>Law articles</a>.</p>
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<p>The rest is here: <a target="_blank" href="http://www.isnare.com/?aid=367074&#038;ca=Finances" title="5 Reasons You Need to Hire a Tax Attorney">5 Reasons You Need to Hire a Tax Attorney</a></p>
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