About Logan Iowa Law

A Matter of Protecting Loved Ones

What happens if, from illness, injury or another cause, you become physically or mentally incapacitated to the point that you are no longer able to handle your own legal affairs?

Let’s suppose again that while you are incapacitated it becomes necessary to mortgage your home to pay your medical bills. Who will sign the mortgage? Even if your home is jointly owned with your spouse, he cannot obtain a mortgage without your signature.

In those circumstances it would be necessary to request the local probate court to appoint a guardian for you that has the power to handle your legal affairs. In many states, this type of guardian is referred to as a “conservator”. Included in the conservator’s powers might be the power to borrow money and sign a mortgage on your behalf making it possible to obtain the funds needed to pay the medical bills.

However, you may have heard that it is advantageous to avoid probate whenever possible, particularly if there is a good alternative available. The delay and expense associated with probate proceedings and the fact that they are conducted in the probate court, a public forum, make that good advice in most circumstances. And there is a better alternative than probate, but it requires you to act before the incapacity arises – you need to sign a Durable Power of Attorney.

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Bankruptcy

When you find yourself in financial crisis and other alternatives do not seem to provide a feasible solution, you need to begin considering filing bankruptcy as a way to protect yourself and any assets you may want to retain from your creditors.

Criminal Defense

Their primary objective in any case is to represent their client to the best of their abilities. That is, in fact, what they are charged with doing under the law.

Divorce & Family Law

The first step into finding one that can handle your legal proceedings can be recommended by your friends or family. They can drop names into your list lawyers who have helped them get through their divorces well.

Small Business

Insurance companies have to make money – that’s their business. Unfortunately, not all insurance companies look out for your best interests in the process.

Personal Injury Attorney

Personal injury laws are defined at state level. A panel of judges and the members of legislatures sit together to create, modify and amend the laws.

Social Security Disability

There is something that is known as disability law which is actually governed by the Americans with disabilities act.

Workers' Compensation

Strict principals governed workers compensation attorneys during the Industrial Revolution and made it difficult for workers to file complaints or receive compensation, even with the help of their workers compensation lawyer.

Wills & Estates

Some people work hard to earn their ideal possessions such as their home or their vehicle and the last thing they would probably want are to lose all of them in an instant.

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Making the Durable Power of Attorney Effective upon Incapacity.

It is possible to have a Durable Power of Attorney that only becomes effective if and when you become incapacitated. This document is referred as a “springing” Durable Power of Attorney because it “springs to life” on the occurrence of a future event – your incapacity. The document should include a detailed definition of “disability” to make clear the circumstances in which your Agent may act on your behalf.

Knowing that your Agent is unable to exercise his or her powers until you are actually unable to do so yourself may make using the Durable Power of Attorney more comfortable for you. Unfortunately, even with a good definition of incapacity in the springing Durable Power of Attorney, your Agent may find that third parties are simply not willing to make the judgment that you are indeed disabled. If they are wrong, they may be held liable to you for any damages that you sustain as a result of the error in judgment. You may therefore find the springing document cannot be relied upon in all circumstances.