If you are a victim of domestic violence, you should:

1. Contact the police immediately;
2. Obtain medical treatment if necessary;
3. Seek a shelter or safe place to stay;
4. Speak to a victim advocate;
5. Seek assistance through the legal system.

Assistance is available in both civil and criminal courts. You can contact the sheriff’s department or prosecuting attorney, who can file criminal charges against the abuser. When criminal charges are filed, you can seek a Temporary Protection Order (TPO). A TPO should contain terms to insure your safety and the safety of your family or household members. The TPO should direct the alleged offender to stay away from your residence, school, and/or place of employment and not to phone you. It also should order the offender not to damage your property.

In a separate case, victims may also request a Civil Protection Order (CPO). A CPO may give you possession of an automobile, give you custody of children, and order support to be paid for the children, etc.

If you or someone you know is dealing with a Domestic Violence situation, Weaver Law can help.  Call 614-834-1750 for more details

WEAVER LAW OFFICES, LLC
3 South High St.
Canal Winchester, OH 43110
Phone: 614-834-1750 
Fax: 614-834-9480 
rweaver@weaver-law.com

The number one cause of bankruptcy cases is medical debt. Today’s health care insurance options are far from satisfactory. Even if someone can afford to have health insurance, chances are their policy doesn’t provide adequate coverage for many conditions. Serious conditions are often excluded from eligibility and treatment for conditions like cancer or chronic illness can costs hundreds of thousands of dollars.

Bankruptcy is one option that can quickly relieve medical debt burdens. In fact, medical debt is one of the easiest debts to have discharged in bankruptcy.  If you or someone you know is suffering from overwhelming medical debt, or any debt that they feel they cannot recover from, contact Attorney Roger L. Weaver at 614-834-1750 for a free consultation.  There are ways out!  We can help!

Few of us are comfortable talking about illness, disability, or death. However, these issues won’t go away just because we refuse to confront them. In many cases, the failure to plan for your own illness or disability will only compound the problem. In order to help you understand how addressing such issues head-on can help you be legally, and even emotionally prepared, there is one critical legal tool that you should seriously think about…a power of attorney.

• What is a Power of Attorney (POA)? A power of attorney is a document in which you grant certain authority to another person (referred to as an “agent”) to act on your behalf. A POA can be very specific – for example, you may want your father to sell your old college auto sitting around the garage, and you would draft a POA for that specific purpose. Once the car was sold, the POA would no longer have any authority. However, most people are more familiar with a general POA which grants a person broad authority to handle a multitude of legal or financial decision-making chores in your stead.
• Will a POA be valid if I am mentally incapacitated or incompetent? In most states, the general POA would not be valid. However, a Durable POA clearly states that you intend the power to continue if you become disabled or incapacitated. This type of POA generally remains in effect until you intentionally revoke it or you die.
• Who would be the best person to name as my agent under a durable POA? Must it be a lawyer? In most states, your agent does not have to be a lawyer. It can be an adult or even an institution. However, it should be someone who knows you well and will look out for your best interests. After all, the decisions made by your agent can have significant consequences. If there is no one you trust with this type of authority, you might be better offer seeking other estate planning tools.
• Who decides if I am incapacitated? You can specify how you wish to have your incapacity and mental status determined if the need should arise. You can name a doctor or mental health professional that will be responsible for making the determination, or you could state that if two doctors certify in writing that you lack capacity, then the power of attorney would become effective.
• When should I draft a POA? You may believe that a power of attorney (and other estate planning documents) is not required at this point in your lives. However, we are all aware that events in our lives happen without warning and it is much more difficult to create the documents that will give those you love the direction they need in caring for you and your estate.

The information contained in this newsletter is provided as a service to our clients and friends and does not advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness information contained in this article. Please contact our office for advice unique to your situation.

When hiring a contractor to work on that dream addition to your home, chances are good you will (and should) sign a contract. A good contract will ensure that your rights are protected – that the contractor will show up and do the work you want within the time frame you request. But you should know that such documents also give the contractor certain rights, and in some cases, may even allow the contractor to take your home should you fail to pay up!

A contractor’s legal right in your property is referred to as a mechanic’s lien. A “lien” is the legal term for a right a creditor has in a borrower’s property. A mechanic’s lien is a specific type that is created by law to protect contractors, home repair people, and home-building supply people. Other types of workers who may be eligible to receive a mechanic’s lien include subcontractors (the crew hired by your general contractors), electricians, architects, lumber yards, and plumbers.

Let’s look at an example. Perhaps your parents are at the time in their lives where they need care and you decide to build an addition onto your home to accommodate them. You call a local contractor and hire him to manage the project. Part of the contract includes a mechanic’s lien on your home. Prior to beginning the worked agreed upon, most states require him to “perfect” the lien in which he records the lien at the county recorder, gives you a copy of the lien, and states when he will start the project.

If the contactor “perfects” the lien, he now has the same rights to your property as a mortgage holder. If he concludes the job and you pay him according the contract, he must then clear the title to your home, meaning that he must release the lien. However, if you fail to pay the contractor, he could go to court. In an extreme case, he may ask the court to order a forced sale on your home in order to pay the debt you owe him.

It is important to note that, in some states, liens can not only be applied to real property (your home or land) but can also be applied to personal property (such as a washing machine or oven). For example, that repair person you hire to fix your oven can actually take out a mechanic’s lien interest in that same oven.

Chances are excellent that when you start a project, you have every intention to pay the contractor or service person as agreed upon. However, especially in these tough financial times, it is important to realize that things may not always go as planned. The level of service provided by the contractor may not meet your expectations. Your idea of “clean up the property” may not necessarily be your contractor’s idea.

It is important for you to understand the rights of contractors and others you hire might have to your property by virtue of a mechanic’s lien. When signing a contract with a contractor, like any other contract, make sure you understand each clause. Do not sign anything without clearly understanding the obligations of both parties. When in doubt, ask for clarification or talk to your lawyer.

The information contained in this newsletter is provided as a service to our clients and friends and does not advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness information contained in this article. Please contact our office for advice unique to your situation.

THE BENEFITS OF A REVOCABLE LIVING TRUST

1. Simple to set up.
2. Gives you 100 percent control.
3. Allows you to make changes any time you wish.
4. Avoids the high cost of probate.
5. Saves from 6 to 60 percent of estate loss.
6. Drastically decreases attorney estate settlement fees.
7. Keeps your family in control upon your death.
8. Greatly simplifies the administration of your estate.
9. Cuts time of settlement to a few weeks within most estates – not years!
10. Minimizes family stress, in-fighting and contestability.
11.  Provides stronger legal validity than a Will.
12. Offers a means to care for special needs such as:
    - a handicapped child, spend-thrift child, two-marriage families
    - provide for grandchildren
    - professional management of the estate
13. Protects both spouses or survivors when they become disabled.
14. Allows your savings, home and day-to-day finances to be managed for you by a loved one or family member.
15. Completes planning now that is normally done after a disability, emergency or death when the family should be serving the emotional needs of the survivors or the disabled senior.
16. Protects the family assets from forced liquidation.
17. Gives your heirs control of your affairs, instead of an attorney and/or Probate Courts.
18. Communicates special wishes more effectively than a simple Will.
19. Avoids the trap of simultaneous death problems normally not addressed by a Will.

The information contained in this newsletter is provided as a service to our clients and friends and does not constitute individualized legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness or adequacy of the information contained in this article. Please contact our office for advice unique to your situation.

As a homeowner, any time someone is hurt on your property due to your carelessness, you may be legally liable. The law does not expect you to guarantee that someone visiting your house will never get hurt, but rather expects you to take reasonable care to protect people from known hazards on your property. The question of legal responsibility hinges on whether negligence (that is, carelessness) contributed to an accident or injury. Generally a court will hold a homeowner responsible for a visitor’s injuries only if the homeowner was in some way negligent. For example, in some states, a homeowner might be considered responsible if someone slips and falls on the icy sidewalk outside the front of the house. Other common injuries and negligence suits involve power lawn mowers, swimming pools, boats, and other recreational vehicles. If you have questions about how a court in your area would handle a particular situation, it is best to talk with an attorney licensed in your state.

There are two categories of individuals that a court may give special consideration to: trespassers and children. Most courts will apply a lower standard of expected homeowner care when it comes to trespassers, while children, on the other hand, are usually owed a greater level of care than adults. The idea is that if you don’t know the trespasser is on your property, you can’t be expected to protect him or her the way you would a guest. And although a child might wander uninvited into your yard or pool area there is a legal standard called attractive nuisance which says you have a special duty to erect barriers to protect children. That’s why precautions such as fences, locked gates, and swimming pool covers – and good liability insurance – are so important.

And what about pets? Of course we aren’t taking about a visiting pet getting injured on your property, but rather, your pet injuring someone else. Typically, you are legally responsible for your pet’s actions. Most states have so-called dog-bites statutes, which directly state that pet owners are legally liable for injuries inflicted by their animals.

In addition to knowing your legal liability probably, you need to think about how to handle it in that moment when your neighbor trips over your garden hose. If someone does get injured on your property – first and foremost, do all you can to help, however, do not say anything to suggest or admit guilt or negligence. Express concern, ask what injuries might have been suffered, make the victim as comfortable as possible, call for medical assistance and so on. While it is natural to empathize with the injured party and even seek to assuage your own feelings of guilt, it’s not a good idea to complicate the situation by making potentially incrimination statements. Rather, leave it up to the law to decide.

The information contained in this newsletter is provided as a service to our clients and friends and does not constitute individualized legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness or adequacy of the information contained in this article. Please contact our office for advice unique to your situation.

If your home is at risk of foreclosure, the problem must be tackled at once and with the utmost care – one wrong move could spell disaster. However, by taking the proper steps, this disaster can often be averted.

Foreclosure Avoidance Tactics
If your home is at risk of foreclosure, don’t start packing – take action! Some of the steps you can take to save your house include:

• Reinstatement
  When you are behind in your mortgage payments, reinstatement lets you to pay back the amount in lump sum payment (which may include any interest and penalty charges) before a specific date.
• Short Refinance
  In a short refinance, the lender may agree to forgive some part of your debt and refinance the remaining debt into an entirely new loan.
• Special Forbearance
  Sometimes, a short-term financial hitch like medical emergency or a decrease in income may not allow you to make mortgage payments on time. If your lender believes that you have a valid cause for the missed payments, it may be agree to help you out with a special forbearance. Depending on your financial circumstances, your lender may consent to a repayment in which you will temporarily make lower payments; you may also get an interim suspension of payments. However, in order to secure this agreement, you will have to assure your lender that you will resolutely abide by the new repayment plan.
• Mortgage Modification
  Loan modification allows you to refinance your mortgage loan or even extend the term of your loan. The lender may settle for monthly mortgage payments that are within your financial means. However, to qualify for this alternative, you need to persuade your lender that your monetary problems are only temporary and will soon be resolved.
  

When Foreclosure is Inevitable
If your situation makes foreclosure unavoidable, here are some tactics you can use to dampen the financial blow:

• Pre-Foreclosure Sale
  If you are absolutely convinced about your deteriorating finances, then the only option left for you is to sell your home for less than the amount required to pay the mortgage loan. You may be eligible for this alternative only if you default in your mortgage payments by a few months, or as specified by your lender. In addition, you may be required to sell your home in a specific amount of time. If you can’t bear to move out, you could sell your house to a friend or an investor who will then lease the home to you. The best way to do this is to sign a lease (or contract) that includes an “option to purchase” clause, which gives you the right to buy back your home once your finances have improved. However, this alternative does have significant risks, as sometimes the investor can borrow against your property or may even sell your home without your authorization.
• Deed in Lieu of Foreclosure
  Another way out is to willingly give your property to the lender, in which case the lender will pardon your debt. You will qualify for a deed in lieu of foreclosure only if you are unable to sell your home before foreclosure. The only advantage of this option is that you are rescued from a foreclosure as well as a bad credit record.
• Bankruptcy
  Many people believe that filing for bankruptcy is a nice solution to foreclosure. In reality, all bankruptcy can do is delay the foreclosure process and buy you some time to catch up on your payments. Once the bankruptcy-instated suspension is revoked, the lender may ask for a full payment, which may require that you apply for a refinancing loan. However, the chances of getting a refinance loan are almost zero at this point, because the bankruptcy declaration will have left you with a negative credit score.

Conclusion
As a homeowner, it is up to you to take all the necessary steps to save your house from foreclosure. However, if you feel pressured and need assistance with these matters, please contact our firm for an initial consultation to see if we can assist you.

The information contained in this newsletter is provided as a service to our clients and friends and does not constitute individualized legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness or adequacy of the information contained in this article  Please contact our office for advice unique to your situation.

The key to achieving balance is to educate your children without revealing more than they need or would like to know. They do not need to know the exact amount of family assets to learn the basics of financial management and become involved in the family’s financial activities. They need to think about what will happen when you pass without getting caught up in the mortality of their parents. Your children should at least know of the existence of assets or liabilities. Compile a list of your bank accounts, brokerage accounts, retirement accounts and IRA’s, annuities, leases or contracts, real property descriptions and insurance policies, together with a summary of long term obligations such as mortgages. The listing should include the account numbers and the name of the broker or agent that you work with. If you own life insurance policies, you should indicate the location of the original policy.

Either give the outline to your children or tell them where it can be found. It is as equally important to keep your estate planning documents updated. Even if you do not want to share the details of your will with your children, they should know that it exists, where it is located, and that it is up to date. If you have executed a living will, which is an expression of your wishes concerning life support and treatment in the event of a terminal illness, it is very important that copies be provided to all family members who would be involved in your care.

In addition to talking to your children about your family’s particular financial situation, here are a few basic concepts you should familiarize your children with:

• Financial Planning: Financial planning is important because it allows you to ensure you will have funds available to meet the needs of your future, and your present. Every young person needs a basic framework to help them make responsible decisions about spending and saving. Work with your mature children to draw up a financial plan for each of their children.
• Investing Fundamentals: A good place to begin an investing discussion is with an explanation of the three asset classes – stocks, bonds and cash – and the concept of asset allocation. Lay the foundation for smart financial investing and consider sharing some basic information about your family’s current portfolio structure.
• Estate Planning Basics: The importance of having a legal will in place is invaluable. If you don’t’ have a will, the state will decide what happens to your assets, children, etc. and it may often be in contrast to your wishes. Power of Attorneys and living wills are also integral parts of any complete estate plan. Trusts should strongly be considered for minimizing estate taxes, protecting your estate from lawsuits and creditors or avoiding the time and expense of probate. Though it isn’t always an easy conversation, families that speak freely about estate planning can sometimes address awkward situations that might arise, like the choice of the executor — who is in charge of distributing assets after someone dies — or succession plans for a family business or the leaving of assets in trust How families handle delicate issues depends both on the particular circumstances and the personalities involved. Sometimes it is best to have a series of talks, rather than covering everything all at once and you should take your particular family dynamics into account when addressing the topics. Regardless of how and when you decide to have the conversation, you will be happy that you did.

The information contained in this newsletter is provided as a service to our clients and friends and does not constitute individualized legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness or adequacy of the information contained in this article. Please contact our office for advice unique to your situation.

From a legal standpoint, you will now need written permission to make important medical or financial decisions on his/her behalf. Also if your child is seriously injured in an accident or becomes ill hundreds of miles away from home you will have to have specific legal documentation in place that gives you permission to make important medical and lifesaving decision.

So avoid this I encourage parents of graduating seniors to take some time this summer and create 3 simple documents with their “adult” son or daughter. They consist of the following:

1. Advance Health Care Directive – this document allows a young adult to appoint someone they trust (the parent) to be their health care agent should they wind up in a coma or become otherwise incapacitated in a serious accident. It also specifies the type of long‐term care or life support the child would want.
2. Financial Power of Attorney – having a financial power of attorney is necessary to give someone (preferably the parents) permission to access any bank accounts and act financially on the adult child’s behalf if an emergency occurs. Such activities covered under the power of attorney include paying bills, buying or selling assets, applying for social security or other government benefits and the opening and closing of accounts.
3. Signed HIPAA Form – parents should have their adult child pre‐sign a HIPAA form to ensure they can immediately communicate with physicians and access important medical records.
4. Finally, for added protection, I would also create an ICE Card (In Case of Emergency) to be kept in the child’s wallet listing the names of all approved emergency contacts, health insurance information and all known allergies.

It’s a natural instinct to want to jump in and help your child in an emergency. Yet without these documents in place, you could be a helpless in the event of a major accident. Please make it a point before summer ends to create these legal documents.

At Weaver Law Offices, we would be happy to work with you to answer any questions you may have. Please call our office to make an appointment at 614‐834‐1750.

The information contained in this newsletter is provided as a service to our clients and friends and does not constitute individualized legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the completeness or adequacy of the information contained in this article. Please contact our office for advice unique to your situation.