It's the end of the year! Give your mind and body a rest and enjoy special time with friends and family. Happy New Year from the Kalish Law Office!
Family and Business Attorneys
In previous blog posts, I have written about resources that are available to help elder family members. The previous blog posts discussed how to best communicate, how to find AARP resources, hospice care, Meals on Wheels, Alzheimer Resources, and contained other important links. Another online resources is the web publishing company Assisted Living Today.
After the publication of the last blog post, a reader who works with Assisted Living Today (an online web publishing company) contacted me and gave me permission to share the informational guides on that website with our readers.
In September, 2011, the site posted an infographic about nursing home closures in the U.S. which shows a visual breakdown of the impact of the growing elderly population and diminishing available nursing homes.
That site contains a lot of information, including an Assisted Living Care Guide
And additional guides:
• Memory Care Guide
• Nursing Home Guide
• Care Home Guide
• Independent Living Guide
Decisions regarding a loved one's care are difficult to make and the choices and options may seem overwhelming. Having access to information and resources is important in making the best choices.
Thank you to Katelyn Roberts, Assisted Living Today. Disclaimer: Kalish Law Office is not associated with Assisted Living Today and did not receive any compensation for this blog post. Kalish Law Office does not endorse Assisted Living Today and has not reviewed the content of Assisted Living Today for accuracy. This blog post is merely presented as an informational option to assist our readers in gathering information.
Kalish Law Office is located in The Woodlands, Texas, north of Houston. “Passionate, Professional and Personal. We Make the Difference.” Since 1984 www.kalishlawtexas.com 281-363-3700
I am a lawyer, so naturally my mind doesn’t work like a normal person’s mind. I don’t know if I have always been that way or if law school created that situation.
If someone asks me a question that they think is “straightforward” and deserves a simple “yes” or “no”, my answer is often “it depends”. When I am given a fact or piece of information, I can often think of 10 or 15 questions without even trying.Despite my ability to go on and on, I am going to try to be simple, quick and straight to the point about this issue: If someone said to me, “I am going to represent myself in court? Quick, what should I look out for?” my answer would be one word- Procedure.
Sure, I could write several pages about being “pro se” (which just means representing yourself). And I am filled with legal knowledge, if I do say so myself. But the best piece of advice I could think of would be this: pay attention to procedure.
I am pretty sure that anyone who is representing himself or herself in court already knows facts about their situation, knows that they should do some research, and knows that just hoping it will go away is not a good plan. But where many people get “tripped up” is in ignoring legal procedure. Here’s why: There are different procedural rules depending on whether the case is state or federal, agency or courtroom, and which type of law. The procedures vary depending on the state, the county, the type of court, and even the individual judge!
Procedural rules determine things like what legal pleadings must include, how a party is served notice of a lawsuit, how long parties have to respond, how parties give notice to each other, how hearings/trial are scheduled, how “discovery’ is done and answered, whether parties must go to mediation or not, when appeal is permitted and how it is done, how money is collected when a judgment is won, and many, many more things.
My point here is this: if you are representing yourself it isn’t enough to just know what the suit is about and something about that type of law. You must also know about the procedure that applies to your case and how to follow those rules. A trip to the clerk’s office or a call to the staff in the court where your case is filed are good places to begin. Also, be sure to read every line of every paper that you receive from the court or the clerk’s office (or administrative office or agency) in your case!
Kalish Law Office, The Woodlands, Texas. “Passionate, Professional and Personal. We Make the Difference”. www.kalishlawtexas.com
When someone has a long, serious, or terminal illness, it may be necessary to make non-traditional arrangements. Some law firms are willing to send a lawyer or paralegal to visit an individual who is in a hospital or nursing home or is unable to leave their house. This allows the person who is ill to meet with a lawyer to draw up a will, powers of attorney or other documents.
Persons who are ill or recovering may be unable to fully relax if they are constantly worried about legal details.
If you or someone close to you needs this type of assistance, here are some important things to keep in mind:
1. When looking for a firm to help you in this way, choose an attorney who is familiar with wills, trusts, and probate law, and is in your geographic area.
2. Call or email the firm to ask about these services
3. Be aware that there may be an additional fee for this travel, and ask about it up front.
4. If any documents are going to need witnesses, you may need to provide the witnesses. There are certain legal restrictions as to who will be allowed to serve as witnesses. (In general- do not plan on using anyone who has a financial interest in the person’s estate, or who is a health care worker in a facility treating them).
5. Be courteous! If the person who is ill is affected with something that is or might be contagious the legal staff has a right to know before agreeing to come.
6. Try to make these appointments as much as advance as possible, especially during the holiday season.
7. Understand that the attorney’s “real client” will be the person who is having the will drawn up, and the attorney owes that client a duty.
8. Most importantly: a person who is going to sign a legal document must have what is called “legal capacity”. They have to understand what they are doing. If they are extremely ill or under heavy medication, it may be already be too late to sign a will or other legal document. If that is the case, an attorney can explain what other options are available, or how the person’s affairs can legally be handled.
Many times throughout the years I have heard people say that their loved one who already passed could not have a will drawn up because they didn’t feel well enough to travel to a law office. That is sad, especially if the deceased spent his/her last weeks worrying about something that could have been remedied. Remember: as long as the person has the mental capacity necessary, the inability to travel does not necessarily have to prevent him/her from being able to put last wishes into effect.
The attorneys at Kalish Law Office have been representing clients in the areas of wills, trusts, and probate for over 27 years. We are located north of Houston, Texas in The Woodlands and can be contacted at http://www.kalishlawtexas.com 281-363-3700.
