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Author : American Bar Association. House of Delegates Publisher : American Bar Association Page : 216 pages File Size : 14,44 MB Release : 2007 Category : Law ISBN : 9781590318737
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
Properly written powers of attorney will assure that financial, health care and/or childcare decisions are handled responsibly when a person cannot act personally. This new edition is a complete guide to preparing one's own power of attorney documents.
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
This work for laymen shows how to create a durable power of attorney. The durable power of attorney can be used to control the use of artificial life support systems when the maker is no longer conscious.
Covers all aspects of appointing a trusted person to pay bills, handle bank accounts, buy and sell real estate, and take care of children, and provides sample forms.
Eldercare tends to sneak up on everybody involved. Adult children allow themselves to believe that their parents will never get sick or old. Parents fail to acknowledge that they will one day become dependent upon others. And ignoring the inevitable only makes it more difficult to cope when a crisis finally occurs. Fortunately, you can make your caregiving journey far easier by facing it head-on. The ElderCare Ready Book tells you what to expect and how to prepare for the challenges you'll encounter. You'll learn: · How to be prepared for your eldercare journey · How to implement the necessary steps to manage and control your loved one's care: o How to identify what information and documentation you will need o How to access certain necessary information o How to organize and keep this data at hand for use when needed · Common misconceptions about eldercare and legal documentation · How to keep your loved ones safe · What to expect from care providers · And much more . . .