Danny white

With dementia now being the leading cause of death in the UK, it’s perhaps more important than ever to consider what would happen in the even that you become incapacitated and can’t make decisions for yourself.

The solution, if you’ve had the opportunity to think about it, is lasting power of attorney (LPA), whereby you donate the power to deal with your financial and/or healthcare affairs to a trusted person, known as an attorney.

There are separate LPAs for financial matters and healthcare matters. Each gives the attorney instructions and the discretion to make decisions on behalf of a person who has lost the mental capacity to make those decisions for themselves.

You can nominate more than one attorney and the attorney is duty-bound to act in the best interests of the donor. Until 2007 LPAs were known as enduring power of attorney, but these were open to abuse and the law was changed.

An LPA doesn’t begin until a person has lost capacity, whereas a EPA began from it being signed. If you took out an EPA it is likely still valid.

Lasting power of attorney can help with the day-to-day decisions in the event you lose capacity and many law firms have specialist teams to deal with lasting power of attorney. Some, such as these solicitors in Chelmsford, also have lawyers with accredited Solicitor for the Elderly status and awarded the SFE Older Client Care Practice Award.

But what if a loved one loses capacity and hasn’t nominated an attorney?

Becoming a Deputy

In this case you can apply to the Court of Protection to become a person’s deputy. As long as there is no attorney, and the court is in agreement that the person has lost the capacity to make decisions for themselves, you can be appointed a deputy.

If there is an existing power of attorney the court will not overrule the person’s decision to appoint that person, so you should always check that there is no attorney before you make an application to be a deputy. If the attorney is deceased, been removed, or has lost capacity themselves you can make an application to become a deputy.

If you can’t find any paperwork and are unsure you can contact the Office for the Public Guardian to see if an attorney has been registered.

How Long to Become a Deputy?

It takes a long time, usually around 6 months, to become a deputy. During that time you cannot make decisions on that person’s behalf nor conduct any financial transactions (such as paying bills) until it is in place. If there are not direct debits in place you will need to contact any creditors and make financial arrangements.

If you pay bills from your own money you will be able to repay yourself upon receiving deputyship from the courts. But the money cannot be taken from the incapacitated person’s funds until a deputy has been granted.

It’s Expensive

Because of the different parties involved it is an expensive process too. But this is because the levels of scrutiny are much higher than if a person was donated lasting power of attorney. The court will need proof of a person’s limited capacity and these medical reports must be paid upfront (and can’t come from the incapacitated person’s funds).

As part of the process the family or close friends of the incapacitated person are notified and a time is given for them to respond, should there be any objections.

Court fees have to be paid upfront too, but again these can be repaid from the incapacitated person’s funds once deputyship has been granted.

But… You Get Help

A deputy is supervised, which can be beneficial to people who have never done it before. Each year a deputy is required to submit a report to the Office of the Public Guardian, detailing any income and expenditure. It’s designed to protect a loved one. You will also be required to pay annual insurance (which can come from the funds of the incapacitated person) in case there is a financial error, such as using the person’s money in a way the deputyship order does not allow for.

Final Thoughts

No-one knows the future, but it makes sense to plan ahead where you can. Getting a lasting power of attorney is the easiest option and can really help when it comes to the day-to-day decisions. You will also have more input if you make decisions while you can.

Lasting power of attorney only starts if you lose the capacity to make decisions for yourself.

If you want more information you can contact the Office for the Public Guardian.

Riding a motorcycle is thrilling, but it is also risky. It has a lot to do with lack of experience, but novice riders aren’t necessarily the ones who end up killed or in the hospital.

You won’t be able to stop every crash, but holding your eyes wide open and watching the road might help you spot risks and make smarter choices regardless of what’s going on. 

Make sure you’re paying attention to these five dangers to your protection as a rider and if affected, contact a motorcycle accident lawyer immediately.

Approaching Traffic

A commuter may be communicating on his smartphone. Perhaps a driver is looking at his or her dashboard. Maybe the driver is lost in thought. It doesn’t matter what triggers it; all it takes is for another driver to wander into the opposite lane to create a serious accident.

Just being brushed by an approaching car will knock a rider off his bike, so a driver doesn’t have to impact a rider directly. Unfortunately, the only way to reduce the chances of crashing with oncoming vehicles is to keep a keen eye on commuters and ride as if someone is out to attack you.

Cars In Line For A Turn

Intersections are among the most dangerous places on the road, thanks in part to drivers who make hasty left turns. Almost every motorcycle rider has a story about barely escaping an accident with a car coming across in front of them. Still, too many have accounts of being struck by those vehicles.

Drivers must put down their phones and pay more attention to what goes on in front of them, but riders must still be cautious when passing through intersections. This increased caution can save a life.

Sudden Halts

When someone needs to brake suddenly, there’s always the risk of a crash, but it’s always riskier on a motorcycle. Because your front brake generates 70 percent of your stopping power, you must use it. However, if you hold the brake too tight, you risk locking up the front tire and falling off the bike.

Purchasing a motorcycle with anti-lock braking can help alleviate this issue, but if you don’t have ABS, learning how your bike manages under hard braking is even more critical. That way, the next occasion you have to hit the brakes to avoid a collision with the vehicle in front of you, you’ll be prepared. Call a motorcycle accident lawyer if you get hit from behind.

Unexpected Debris

Motorcycles are great at going around curves in usual conditions on regular roads, but things get difficult when you start putting obstacles in their way. Sticks, gravel, and even carcasses can be challenging to navigate, but gravel is perhaps the worst road hazard.

Gravel destroys your grasp, forcing your bike to act erratically and quickly, resulting in a crash. A decreased fall is just as simple as it gets when you’re going down. Unfortunately, riders attempting to salvage from a gravel hit can easily high-side, which is far more harmful.

Unfavorable Weather

Riding a motorbike in the rain is a nightmare. You typically get wet, other drivers splash you, and the huge puddles that form at the foot of hills could be dangerous to maneuver. The roads become slicker, visibility decreases, and drivers rarely change their speeds, rendering the road unsafe for motorcycle riders.

There’s also an explanation why riding in the winter isn’t recommended. Yes, the right gear will keep you safe, but icy conditions are as dangerous as they come. Even if you’re not riding in a snowy environment, you should be cautious on long rides because you don’t have a clue what could be lurking further down the road.

If you’re impacted by any of the conditions mentioned above, contacting a motorcycle accident lawyer as soon as possible is essential.

Having been injured in an accident or losing someone to an accident is a very traumatizing experience. It doesn’t only have physical repercussions but also psychological and financial. Sometimes the trauma can be way too much, and you might receive the compensation you truly deserve. Whenever you have been a victim of an accident, it is always best to reach out to a personal injury Halifax Law Firm as soon as possible. The sooner you reach out to them, the better it is for your case.

When should you reach out to a personal injury lawyer?

When you have experienced an injury, be it physical or psychological, due to someone else’s or entity’s negligence or misconduct. You might have the right to be compensated for the damage. Motor vehicle accidents, assaults, and slip and fall are some of the most common types of personal injury claims. When you have been injured due to other’s negligence, even if the injury is minor, you should call a lawyer as they will tell you the available options.

What happens during the initial intake?

After the accident, you might find yourself being unsure about the whole process when you are headed to meet a lawyer. The initial intake is usually a no obligation. The procedure lasts for about an hour, where the lawyer gathers more information about the nature of your case. This is very crucial information as it will help them to determine whether they will be able to assist you with the claim or not. During the intake, you would also be educated on how the personal injury claim works and the important dates you should keep. Once you have decided to go forward with a law firm, they will contact your insurance company and the opposing one to inform them that they represent you now. Moving forward, all the interactions would be done through the law firm. This will help them to determine what informations they should and should not be entitled to.

What is a personal injury?

Personal injury is an umbrella term that is used for various types of accidents. Some of the examples are medical negligence, auto accidents, playground, and school injuries, ATV accidents, boating accident, slip and fall injuries, construction site accident, mild and traumatic brain injury, explosions and fires, hospital negligence, foster care abuse, contaminated product class actions and environmental class action.

How much compensation will you get?

While you are going ahead with a lawsuit, you might wonder about much compensation you will get. The answer to this question depends on the extent of the injuries, the number of days you have missed out on work due to the injuries, and the overall impact that injury has had on your life. Though the lawyer will be able to give you an idea, it is highly impossible to determine an appropriate settlement amount.

Sexual Harassment in the Workplace

One of the most important things to know about sexual harassment in the workplace is that anyone can be a victim of sexual harassment. Men, women, and non-binary employees can be subject to pervasive and hostile sexual advances or comments.

Sexual harassment in the workplace is behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional situation. This includes, but is not limited to, touching, comments, showing pornographic material, and could even lead to assault.

When sexual harassment continues unchecked in the workplace, it can create a hostile work environment for employees, resulting in demotions, firing, or constructive discharge, which occurs when the work environment is so hostile that it would force a reasonable person to resign. Furthermore, if the sexual harassment and hostile work environment is not addressed, the offender can continue harassing employees, cultivating an atmosphere in which no one can be productive or happy.

If you believe you are being sexually harassed in the workplace, follow these steps to address the issue and mitigate the situation.

1. Document

When someone begins sexually harassing you, or has been harassing you for some time, it’s important to document every interaction and comment. An employment attorney in Columbus, Ohio, will be able to go over these documents and notes compiled over time and determine the severity of the harassment and help you determine the next steps.

2. Report

After compiling documentation of sexual harassment, the next step is to report the interaction and comments to your company’s human resource department. Another important part of this is documenting the report via email or hard copy. Make sure you have proof that you complained, in writing.  The best way to do this is to send an email and bcc yourself, so you have a copy of it.  The human resources representative should then conduct an internal investigation into the offenses and begin mitigation processes. Unfortunately, sometimes these mitigations or investigations don’t result in a solution. If sexual harassment still persists, contact a sexual harassment attorney in Columbus, Ohio.

3. Work with a Sexual Harassment Lawyer in Columbus, Ohio

A Columbus sexual harassment attorney will be able to help you sift through documentation and build a case for your workplace harassment. If you believe that you are being sexually harassed at work, a sexual harassment attorney in Columbus, Ohio will educate you on the labor laws and regulations that exist to protect employees in workplace harassment situations.

Finding the right sexual harassment lawyer in Columbus, Ohio shouldn’t be hard or place you under undue stress. The legal team atThe Friedmann Firm is ready to help you navigate the process necessary to resolve the harassment in the workplace. Call The Friedmann Firm or visit our website www.thefriedmannfirm.com to schedule a free consultation with an experienced and understanding sexual harassment attorney in Columbus, Ohio.