Tuesday, October 23, 2012

The Only Way to Drive Cattle Fast is Slowly

When you own your own business, your time is precious.  Between tending to your customers, employees, administrative tasks and future plans, there never seems to be a spare minute.

However, there are times when you have to slow down, whether you feel like you can afford to or not.   The reality is, you can't afford not to!

Here are some times when you need to sit back and tell yourself "it takes as long as it takes".

1. When you are forming your corporation or partnership.   Choosing your business organization and having the documents drafted is important.  It is tempting to rush through it when you are impatient to get started, but its just not worth it.   Take your time. If things go as planned, you are going to have to live with this _______________ (fill in the blank:  partner, business organization, company name, key employee) for a loooooong time. Having an experienced business attorney help you with your set-up will minimize problems and help you make the most of your time.

2. When you are evaluating a claim or lawsuit. How to respond (and how not  to respond) are important considerations.  Responding in anger or frustration can create problems that you may not be able to fix later on.  Seek an opinion from your business attorney and insurance company when appropriate and do it sooner rather than later. Ignoring problems is not a good idea.

3. When you are making business-altering decisions.  Any major decision that has a significant impact on your business' daily operation, structure, tax liability, or future growth is one that is worth taking the time to fully investigate.   Seek good advice, do research, and consider taking some time "away" where you can think and read without interruption.

A qualified and experienced business lawyer can help you evaluate many aspects of business organization and operation and help you create a program for risk management. Don't wait until you have a problem to contact a business attorney.

Kalish Law Office- The Woodlands, Texas Business Attorneys Since 1984

"Passionate, Professional and Personal. We make the Difference."

Thursday, October 18, 2012

Why Having a Power of Attorney can be CRUCIAL for You

TRUE OR FALSE

If you have a valid current will and have all your important papers organized then you have adequately protected your family and business in the case of your disability or death.

ANSWER:  FALSE

Having a valid, current will is certainly an important step in preparing for the future.  So is organizing important papers and reviewing beneficiary designations on life insurance policies and retirement accounts.   However, a will is only helpful if you die.   What would happen if you were alive, but unable to function?  

In the event of illness or accident, you could be temporarily disabled or permanently disabled.  So your complete and total planning should take into account all three periods of time:

1.       Here you are, alive, well and functioning.

2.       You are alive, but unable to make business, medical or personal decisions

3.       You are deceased

 

It is very common for people to provide for #1 and # 3, above, but make no plans for #2.

In order to close that gap, you can sign specific powers of attorney, designating an “agent” to handle things for you while you cannot.  There are two important Powers of Attorney that you should know about; one is for health care and one if for day-to-day operations (of “personal business”, “company business” or both). If you own your own company it is especially important to make sure that you have a document in place.  

These two Powers of Attorney can be very customized for your particular situation. by a wills attorney. Other, more specific documents can be drafted to deal with particular, individualized situations when necessary.

A power of attorney allows someone of your choosing to “stand in your place” and act for you when you are unable to do so for yourself.

Kalish Law Office: The Woodlands Texas 

Wills, Powers of Attorney, Estate Planning Attorneys

Thursday, October 11, 2012

Hospital Staff, Biological Parents, Birth Parents, and the Newborn!

Years ago, dealing with a hospital during the birth of a baby about to be adopted could be quite an ordeal.   The procedures (if there were any) varied widely.  Smaller hospitals may not have ever dealt with the situation, or may not have standardized procedures.  It could be quite difficult to balance the hospital's interests and concerns (liability issues, privacy issues), the biological parent(s) needs, and the adoptive parents needs.

For instance in Texas, a common problem occurred when the bio mom preferred not to see the baby, because it was too difficult for her. However, if there were no provisions in place for allowing the baby to be cared for or released to anyone but her, she had no options. She would have to hold the baby until the "release" was complete. Once she got out of the wheelchair and out the front door of the hospital she could hand the baby to the adoptive parents. Often, the adoption attorney would have coordinated all this in advance with the parents, and made the hospital aware of what was about to happen.

Happily, things have changed.  Most hospitals now have procedures in place to deal with adoptions of newborns.

It is very important that the hospital be aware of a planned adoption well in advance of delivery.  Many options are available to adoptive parents and biological parents who have an adoption plan.  Adoptive parents are often able to be part of the entire process. In some cases they may be able to stay at the hospital, and may wear wrist bracelets which identify them.

The National Council for Adoption, in Adoption Advocate, Educating Hospitals About Adoption;  How Hospital Staff can Support Parent Considering an Adoption Plan- (October 2012),  lists the following "Practice Recommendations" for hospitals:

1. Train staff - Hospitals can develop their own training and there is also training available through a federal grant from the Children's Bureau of the Department of Health and Human Services.

2. Establish policies that are birthparent-focused and friendly to adoptive parents: For instance: one staff member is designated as an adoption expert, the bio mother's chart is clearly coded and identified, the medical records are clear about the adoption plan - including who is allowed to "room in", what will happen at the baby's release from the hospital and so on.

Making arrangements in advance with the hospital can help the biological parents and adoptive parents feel supported during this important time. An adoption attorney can assist with coordinating the process.

Kalish Law Office: The Woodlands, Texas

Adoption Attorneys

Monday, October 1, 2012

Legal Resources Available in Conroe for non-lawyers

The law library in Conroe Texas now has legal videos available for people who want to represent themselves in court, or want to just increase their legal knowledge.

The following videos are now available:

                Justice 101 – The Client’s Guide to Litigation

                You’re Hired!!! Now What? Knowing Your Legal Rights on Your First Job

                Safeguarding Our Seniors – Recognizing and Reporting Elder Abuse

 

These videos are currently being shown every Tuesday and Thursday at 1:00 and are also available on request.   Contact: ProSe Services at the Montgomery County Law Library; 301 N. Thompson, Ste. 105, Conroe, Texas 77301  Phone: 936-539-7976

These videos are especially helpful because they cover 3 topics that people may need to know before they even decide whether or not to see a lawyer.

Kalish Law Office: The Woodlands, Texas.
"Passionate, Professional & Personal. Since 1984."