Advance Care Directives

Though planning for the future is exciting when talking about where you are going to travel next, where you will be at in your career, or how big your family will be by that point. You have to plan ahead, should there come a time when you are unable to make decisions. There could come a time when you experience an injury or an illness that alters the ability to be able to make your own decisions. If you complete an advance care directive, you have the ability to specify what medical treatment decisions you want to be made on your behalf. You can give instructions about future medical treatment that you consent or refuse, as well as, the values and preferences for your medical treatment decision maker to consider when it is their time to make decisions for you.

 

Instructional Directives

Instructional directives are statements of your medical treatment decisions for future procedures and care. By signing an instructional directive, you are either giving consent or refusal medical treatment. Health practitioners need your consent before they can perform any medical procedure or treatment for you. The practitioner, if you are do not have decision-making capacity, will find out whether or not you have an advance care directive and follow the relevant instructional directive you had given. You shouldn’t complete an instructional directive if you do not know the medical treatment that you want to do or not want to do in the future. The practitioner will have to follow your instructions given in the directive.

 

Values Directive

A values directive will state the values and preferences of medical treatment. People have different views on whether or not a quality of life is more important than a person just being alive. People can value a caretaker while others would prefer to take care of themselves. There aren’t any right or wrong answers, what matters is that you make the choices that will best suit you later in life. It also helps to explain them to your loved ones so they have a better understanding of why you are making your decisions.

 

When completing the advance care directives form, you will sign it in front of two witnesses, one who must be a medical practitioner. You must be evaluated as in the proper capacity and sign the form voluntarily. Your directives will end if you complete a new form, cancel the appointment of the directive, the VCAT cancels your appointment, or you pass away. If you do not have a directive, your practitioner will ask your medical treatment decision maker. The decision maker will make your decisions on your behalf.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

 

Are You an Eligible Power of Attorney?

Enduring powers of attorneys have the ability to make decisions about matters in which they were appointed. Whether it is financial or personal, a power of attorney is meant to make the best choice for their principal at all times. Stepping into the role of a power of attorney begins when the principal no longer has the capacity to make their own decisions. But what makes you eligible to be a power of attorney?

 

To become a power of attorney, the person must:

  • Be the age of 18 years or older
  • Not be insolvent: a power of attorney cannot pay its debts when they become due. An example would be someone who is undischarged bankrupt.
  • Not be a caretaker, health provider, or an accommodation provider for the principal

If a power of attorney will be taking care of financial matters, there will be more requirements in addition to the ones listed above. The person cannot be convicted or found guilty of an offense which involved dishonesty. They can still be eligible if found guilty or convicted. In those circumstances, they have disclosed the conviction to the principal and the disclosure is recorded in the enduring power of attorney.

 

A power of attorney can be revoked by signing the appropriate revocation form. The principal must still have the capacity at the time to do so. If anyone believes that the enduring power of attorney is not acting in the best interest of the principal, they can apply to the Victorian Civil and Administrative Tribunal (VCAT). After an investigation, the VCAT may revoke the attorney’s power if it finds that they are in fact not acting in the best interest for the principal.

 

About Glenn Duker:

Glenn Duker has a vast experience as a litigation lawyer. He has served as a consultant to many clients in different areas of the law. His areas of expertise include business and commercial law, employment law, will and testament, probate, and trademark legal matters. Glenn writes about legal issues that arise in many clients lives. Check out GlennDukerLitigationLawyer.com.au for more information!

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

 

What to Look For When Hiring a Lawyer

A lawyer is your advocate who should fight on your behalf in a legal situation. They should use reasonable, ethical, and cost-effective means to get you the best possible outcome. You can search online for law firms and private offices or you could take recommendations and read reviews. If you are looking for a lawyer for a legal issue, think of these qualities when researching and meeting with your soon-to-be counselor.

Comfort
If you are not comfortable with your lawyer, you may not feel confident they can do the job. You want to be able to feel comfortable with your lawyer and have an open relationship. This will allow both of you to share relevant information pertaining to your matter. A lawyer won’t be able to fully assist with your matter without knowing all of the information.

Fees
Look for or ask for their rates when hiring a lawyer. You want your lawyer’s fees to be worth taking the case to trial. If it’s a small dispute it, it won’t require expensive representation. Expensive fees do not mean that the representation will necessarily be any better nor does it guarantee you will win your case. Legal fees should be considered on a cost-benefit analysis. Mid-range priced lawyers generally offer the best value and you will be getting solid experience with a firm that has strong capability without paying the corporate price.

Their Track Record
Search your possible counsel’s name on the Internet before you meet with them. Check the firm’s Google reviews. Also, ask the lawyer about his or her experience and that of the team. You are entitled to know whether they can do the job. This is because not all lawyers are good lawyers.

Communication
You want to know your lawyer will be with you every step of the way during the trial process. Even if you have a random question or concern in the middle of the night and need counsel, you want a lawyer who will respond swiftly. After your initial meeting, save some questions and send over an email with your concerns. If it takes them days to respond, they may be too busy to be handling your case.

Negotiation
Ensure that your lawyer is a good negotiator. Many are very combative when they should conciliatory where appropriate. A lawyer’s goal is to get the job done, having regard to the client’s goals.

When choosing a lawyer, you want to find the best fit for you. You need someone who is competent and aware of your needs, not only your cases needs. Find someone who you are comfortable with and successful to help with making a difficult time in your life a little bit easier.

 

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.

Insight into Business Law

Business law, also referred to as commercial and mercantile law, involves the start-up and running of a business. Business law solicitors assist businesses with filing, obtaining, and producing legal content that will allow the business to either start or continue working. Legal Career Path states that there are two distinct areas in business law; “regulation of commercial entities through laws of partnership, company, bankruptcy, and agency and the second is regulation of the commercial transactions through the laws of contract.”

Businesses are considered individual legal entities. Business law solicitors need to make sure they are filing and obtaining correct paperwork so the government will view the company as an existing entity. A business law solicitor works as an advisor to the company to ensure the business chooses the entity that is in their best interest. Another consideration for a new business, it needs employees. solicitors will help determine the proper protocols for hiring and firing employees. Other protocols include dispute resolution, payroll, taxes, and benefits. Business law solicitors will teach the business the rules and regulations of managing their employees.

If the business’s primary action is to sell consumer goods, there are more rules and regulations to follow. The Australian Consumer Law lays out the rules for sales, bulk sales, frauds, contracts, credit, and transaction security. An solicitor will go through this Code and highlight what rules the business will have to follow. Other legal responsibilities solicitors can assist a business with include, drafting and negotiating contracts, intellectual property, antitrust, and bankruptcy.

Drafting and negotiating contracts can be a part of a business’s everyday workflow. Whether it is drafting a lease agreement or creating a contract with a third-party vendor, most companies do not know how to draft these documents. They will either use their legal counsel or hire a business law solicitor from a firm. With start-up companies, it will be easy to run into an intellectual property conflict. When creating a new product or idea, the company needs to ensure that they are the ones that have control over the rights of the new product or idea. An solicitor will have to be well practiced to get involved with the IP Australian Government. Most businesses want to grow, business law solicitors make sure the company is conducting itself according to competition law. All companies fear one day they will have to file for bankruptcy. There are different ways to file for bankruptcy, which have different requirements and business solicitors can educate the company on the pros and cons of each.

 

Business law solicitors do not usually get involved in the court system, they are a productive countermeasure to ensure businesses do not have to appear in a court trial. There are some initial hearings before the company seeks approval of the business entity. If the company finds itself in a legal situation down the line, they typically bring in a litigator and do not use their business law solicitor. A business law solicitor can either work for the company as an employee or they can come from their own firm. Business law firms usually have a niche of cases they take on such as the intellectual property is their main focus and expertise.  

**This article is for informational purposes only and is not intended to be legal advice. In relation to your individual situation, always seek advice specific to your circumstances from a lawyer.