old man with a cane

Why You Need Guardian Litigation Attorney

As people age, they become less capable of independently managing their own affairs. Our society is increasingly getting an elderly population. As such, a guardianship system is inevitably necessary to help such individuals take care of their health. Guardianship matters sometimes call for the removal of some of the ward’s legal rights. As a result, conflicts do occur sometimes. The litigation process that follows can be lengthy, complicated, and daunting. There, you need to understand the system by getting reliable advice from a competent guardianship litigation attorney. A professional attorney will help you deal with any of the following cases:

nursing home staff

Financial Exploitation

Financial exploitation occurs when the guardians misappropriate a ward’s estate for their gain. Unscrupulous attorneys and trustees can also be guilty of financial misappropriation.

Financial exploitation of the wards does not come out very obviously. The guardian may dispose of a ward’s property without their permission. The guardian could also get into the habit of helping themselves into their ward’s accounts.

Indicators of financial exploitation include large bank account withdrawals. The guardian could also forge documents to transfer property illegally under their names. They usually do this with the aim of securing their future. In doing so, the guardian protects themselves without regard to the ward’s rights.

Removal of Executors

When it becomes necessary to remove executors, trustees, agents, and guardians, a competent attorney will come in handy. Such situations are common when the agent under a power of attorney is determined to have been negligent, abusive or has committed malfeasance.

Breach of Fiduciary Duty

When the guardian acts dishonorably, and without regard to integrity in matters touching on their ward, there are in breach of fiduciary duty. To spot this form of abuse, look out for issues related to trust, transparency, and honesty between the ward and the guardian. This arises because of the guardian disposing of the ward’s assets without the approval of the court. The guardian acts outside of the directions of the trust or will. A competent attorney can help you determine whether there is a breach of fiduciary duty.

Abuse of the Elderly/Minor

The ward may suffer physical, emotional, and psychological abuse from their guardians. A physically abused person will often have soiled bedding or clothing, fractures, malnutrition, burn marks and hair loss, among others.

Psychological abuse usually creates fear in the victim. It can be verbal or non-verbal. The symptoms of psychological abuse include drastic changes in weight, extreme fatigue, sleeplessness, paranoia and anxiety amongst others.

sad old man

Other symptoms of an abused senior citizen or minor include abnormal behavior between the guardian and the ward, denial of the right of communication and isolation. The abused person may also exhibit symptoms of repeated sexually transmitted infections, bruised private parts and inability to make even the most basic of decisions.

Discovery & Recovery of Assets

The attorney will file a citation when the guardian is suspected to have hidden, unduly possessed and embezzled property belonging to the ward.

Validate the Powers of Attorney

This happens when the agent, guardian or executor have a dispute regarding who has more authority over the ward’s property. You need an attorney to help establish the validity of guardianship appointments in relation to the estate-planning documents.…

SPEEDING TRUCK

Tips for Hiring an Accident Attorney

It is an unpleasant fact that road accidents caused by trucks are always inevitable. These mishaps can happen to anyone at any given time. Being caught in these types of road accidents is indeed life-threatening. Not to mention that dealing with the legal aspects of it is stressful as well given its complexity. This is the reason why it is important that you immediately get in touch with an attorney that takes a specialization in truck accidents In the event that you got into these mishaps. Make sure to hire an attorney whether it is an accident due to truck defects or negligence by the truck driver.

BURNED TRUCK

On a good note, finding an accident attorney is not that difficult since there are a plethora of choices. In spite of that, it is imperative that you make sure that you choose one that has what it takes to help you on all the legal aspects that concern the accident. On that note, here are some of the factors to consider when looking for an attorney.

CRUTCHES

Availability

Since it will be a long battle, make sure that the accident attorney of choice has the commitment to helping you until the verdict. Keep in mind that many of these professionals are likely to be working with other clients too. That said, make sure that they dedicate a substantial amount of time for you. It is will also help if you hire a lawyer that is based on your locality. This is because meeting them will not be a hassle since you no longer need to drive far away to talk to them.

Credentials

It is this factor that you must never overlook when hiring an attorney. See to it that the lawyer of choice is licensed. Never do business with an attorney that does have a license because it is likely that the lawyer is only after your money.

Experience

Hiring lawyers that are only starting their careers are perfectly fine. Keep in mind though that having an experienced attorney fighting for you is much better. This is because accident attorneys with experience have a track record to show. Speaking of record of accomplishments, make sure that you only opt for a lawyer with a high success rate.

Expertise

Another important factor to put into consideration when in search of an accident attorney is the field of expertise. Always ascertain that the lawyer of choice is expert in matters such as road accidents caused by truck defects. As what was mention above, the legal matters that pertain to truck accidents is complicated. Therefore, hiring a lawyer that does not specialize in truck accidents is not a good idea.

Ratings

LEGAL Make sure that you choose a lawyer that is not infamous for shady practices. For this reason, make an effort to find out the reputation of the accident attorney of choice. Ask for a list of the previous clients to know more about the lawyer. Of course, online reviews will be helpful too.is…