Where to Find Asbestos Mesothelioma Legal Information

People today have different reasons for looking up asbestos mesothelioma legal information. Some have suspicions regarding various symptoms that they feel while others do not just have suspicions but already have confirmations. These people are often quite confused and are looking for guidance regarding the things that they should do. They see information and knowledge as the only way they can actually use. If you are one of those people, or just someone doing research, then you should know that getting accurate asbestos mesothelioma legal information is quite essential mainly because the topic is dealing with health related issues.

Here are some tips to help you out:

1) Consult a lawyer – Where else do you get asbestos mesothelioma legal information than from someone who is an expert in all manner of legalities. Of course, finding a good lawyer to get your information from can be quite hard, especially today when a lot of lawyers are looking to get some cash from asbestos litigation. By consulting a lawyer who actually has had experience handling mesothelioma cases, then you will be able to make sure that you are not be wasting your time talking to that person.

There is, however, an issue regarding how fair any sort of asbestos mesothelioma legal information that comes from any lawyer is. This is because of the fact that lawyers are always on the constant lookout for new clients. Even a simple inquiry for asbestos mesothelioma legal information may end up with you retaining that lawyer’s services simply because of the amount of marketing that he or she has placed within the information. When you get asbestos mesothelioma legal information from a lawyer, be sure to try and screen out the propaganda.

2) Go to a library – If you are still just scanning various places for asbestos mesothelioma legal information simply as an initial guide to help you decide whether to litigate or not, then the library should give you all the information that you will need. Any sort of library will surely yield some sort of asbestos mesothelioma legal information that you can use. However, if you are truly looking for in-depth studies of asbestos litigation, then you should try to look at various law libraries. By researching in a law library, you will be able to access the actual materials that some lawyers use when they are preparing for a case. However, this may also mean that you need to actually research like a lawyer and get down and dusty with the different books. Although this may seem like dreary work, the end product is definitely worth it.

3) Go to the internet – Many people today are turning to the internet for the majority of their information needs. This is because the internet may contain pages upon pages of the asbestos mesothelioma legal information that you need. However, as with consulting lawyers, this type of information can be pretty hard to verify if it is fair or not. This is mainly because a lot of people see the internet as a chance to dupe others. Some lawyers place asbestos mesothelioma legal information that helps them convince people that the only solution to their problem is litigation. Some companies under fire also use the internet to scatter false information which could deter people from pursuing any inquiries.

When you have found the asbestos mesothelioma legal information that you want, what are you to do with it? Well, as said before, people use information in different ways. However, on the off-chance that you are one of those people who are looking for asbestos mesothelioma legal information in order to help them find some sort of stability amidst the chaos of both the disease and the legal implications thereof, then you should definitely think of what to do with the information you have gathered.

The first thing that you have to think about is how the information applies to you. Which pieces of the asbestos mesothelioma legal information that you have gathered can you actually use and just how might you be able to utilize them? Knowing this will help you focus the specifics of your case if you ever choose to litigate. The next move that you need to make would be to consult a lawyer and retain his or her services. Remember to pick a good lawyer to help you with your case. Think of all the research you did as preparation. Gathering enough asbestos mesothelioma legal information can help you familiarize yourself with the various tactics that your lawyer may use and thus, make the case much easier for the both of you.

As you can see, asbestos mesothelioma legal information can be extremely helpful if you know how to handle it correctly. The key is in finding the right sort of information and actually knowing how to utilize it well.

Law on Your Terms – Become the Lawyer You Want to Be

In the macho environment of the law, to express any lack of confidence, vulnerability or self-doubt has traditionally been regarded as weakness. Many women lawyers who were regarded as reliable and 100% capable suddenly find that their commitment is challenged (through no fault of their own) when they start a family.

So, what would it take for you to become the lawyer you want to be?

Refocus on what is really important to you. Build your resilience and re-energise.

Action Steps

1. Make a list of everything that is important to you about your career. What have you achieved over the last 5 years? What are your strengths and weaknesses? How can you turn you weaknesses into strengths?
2. What would being a lawyer on your terms look like? How would your life be different? Spend 10 minutes thinking and writing down your goals – short, medium and long term
3. List all the things that are likely to block your progress
4. Separate the blocks into those that you can influence and those that you cannot
5. Decide to let go of everything out of your control
6. Concentrate and only use your energy on those things that you can influence
7. Commit to taking one small step every day towards your goals
8. Remember to be successful you need both technical and “soft skill” expertise
9. Review your progress regularly
10. Enlist the help of a mentor (inside or outside your organisation). Use them as a sounding board and cheerleader to spur you on or give you that extra boost when your confidence dips.

Use these 10 steps to become the lawyer you want to be in 2009!

Assigning Power of Attorney (PoA) With Confidence

Incapacity planning, ensuring that there’s a strategy in place if you ever become incapable of managing your affairs, is important.

We all know that. Yet, it’s uncomfortable to think about and therefore easy to put off doing.

A key part of incapacity planning is assigning power of attorney (a legal document giving someone else the right to act on your behalf), but it’s also the biggest hurdle. Giving extra thought to who you choose, and what powers they’ll be granted, can give you the peace of mind to complete your plan with confidence.

Choosing your lawyer

Choosing someone you trust to assign power of attorney is essential. Acting as your attorney involves significant duties and obligations. Your attorney’s overarching duty is to act with honesty, integrity and in good faith for your benefit if you become incapable.

The law lays out specific obligations for the person chosen to hold your power of attorney. Among other things, they will:

  • explain their powers and duties to the incapable person
  • encourage the incapable person, to the best of their abilities, to participate in decisions concerning their property
  • foster regular personal contact between the incapable person and supportive family members and friends, and
  • keep account of all transactions involving the grantor’s property.

The attorney or attorneys you choose to act on your behalf should know these rules, and be aware of other rules set out in the act as well.

For instance, they’re expected to ensure you have a will and, if so, know its provisions. The main reason for this is that your attorney must not sell or transfer property that’s subject to a specific gift in the will, unless necessary.

The act also contains explicit instructions regarding both required and optional expenditures. Examples of the latter include charitable gifts where an incapable person made similar expenditures when capable and so long as sufficient assets are available. Your attorney should also be familiar with rules covering how or when he or she can resign, what compensation they may be entitled to and the standard of care expected of them.

Safeguarding your estate

You can also build a second opinion directly into your power of attorney documents by appointing more than one person. If you name two or more people, they’ll need to act unanimously unless the document states otherwise.

A joint appointment provides a level of protection in that any appointed attorneys must agree on all actions, while a “joint and several” appointment grants flexibility, allowing any one attorney to conduct business independently.

Many people choose to appoint the same people or trust companies to be both their power of attorneys and their executors. Although you don’t need to do so, the same list of key traits – expertise, availability, accountability and trustworthiness – apply to both roles.

It’s also possible to limit the powers granted to your attorney. If you’d like your attorney to act only for a specified time period (maybe a vacation or hospital stay) or in respect of a specific transaction (the closing of a real estate deal), a limited or specific power of attorney is worth considering.

In the case of a general continuing power of attorney, many people want the document to be used only if and when they become incapable of managing their affairs themselves.

Although the document is effective when signed, it is possible to include provisions in the document itself that defers it to a future date or the occurrence of a specified condition (for example, the grantor has a stroke). These are sometimes referred to as “springing” powers of attorney.

Whichever way you prepare your power of attorney documents, careful consideration of who you choose as well as availing yourself of available safeguards will help ensure your confidence in your incapacity plan.

Common Mistakes to Avoid

  1. Making a quick decision: Many people name their PoAs without thinking about their choice’s financial capability, much less their ability to get along with other family members.
  2. Assuming family is always the best choice: It’s far more important to choose someone who truly has your client’s best interests at heart.
  3. Waiting too long: If there’s already a question of diminishing capacity, it’s likely too late to make a power of attorney ironclad.
  4. Not reviewing it: Changing life circumstances and new provincial legislation can make an old PoA invalid.

Plan for Incapacity

Your estate plan doesn’t end with an up-to-date will. It should also anticipate possible future incapacity, which usually means preparing powers of attorney for both property and personal care.

Power of attorney, a legal document that gives someone else the right to act on your behalf, has two main types: one for management of property, another for personal care.

Will and estate planners generally advise preparing both types of powers of attorney. While they are often prepared at the same time as your will, they can be created at any time.

Personal care

With a power of attorney for personal care, you can authorize someone to make decisions concerning your personal care in the event that you become incapable of making them yourself.

You can give power of attorney for personal care if you’re at least 16 years old, have “the ability to understand whether the proposed attorney has a genuine concern” for your welfare, and can appreciate that the attorney may need to make decisions.

Personal care includes decisions concerning health care, nutrition, shelter, clothing, hygiene and safety.

Property

A continuing power of attorney for property authorizes someone to do anything regarding your property that you could do if capable, except make a will.

The law says you’re capable of giving a power of attorney for property if you’re at least 18 years of age, know what kind of property you have, along with its rough value, and are aware of any obligations owed to your dependants.

The term “continuing” (sometimes called “enduring”) refers to a power of attorney that may be exercised during the grantor’s subsequent incapacity to manage property. Ensure the document stipulates that you want the power of attorney to be used only if you become incapable.

What you need to know

A continuing power of attorney for property is a powerful document. Unless otherwise stated in the document, it’s effective when signed, granting considerable power.

In fact, the act explicitly requires you to acknowledge this authority can be misused. And, as part of the capacity test for granting a continuing power of attorney, you must also acknowledge the property you own may decline in value if not properly managed.

A financial institution, land titles office or other third party presented with a continuing power of attorney for property with the restriction “effective only in the event of the grantor’s incapacity” will want evidence of the incapacity.

That evidence could be hard to get. One solution is to set out terms of use in a separate document and have all original copies of the power of attorney held by a trusted third party. You could, for example, direct that document be released only if:

  • You tell the attorney you want him or her to start acting;
  • You are legally declared incapable of managing your property;
  • One or more doctors advise that you’d benefit from assistance in managing your affairs; or
  • Certain family members advise the attorney should begin acting.

No direction could be costly

If you fail to prepare power of attorney documents, it may take an application to court before someone can be appointed to make decisions for you. That can leave you scrambling when you’re in no physical shape do so. Having a will doesn’t help because an executor is only authorized to act after you die.

On top of that, court processes can be both costly and time-consuming. Depending on the circumstances, the Public Guardian and Trustee may have to get involved.

You also lose the opportunity to appoint people or companies of your choosing and aren’t able to establish parameters regarding the actions of your substitute decision makers.