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Texas Legal Blog

Common mistakes when creating power of attorney

There are numerous considerations to make when creating a power of attorney for yourself. One recent development in Texas is the inclusion of "hot powers," such as giving an agent the ability to create a beneficiary designation and create a trust during the principal's lifetime. 

You should create a power of attorney well in advance, even if you are still young. You need an attorney's assistance while developing these documents to help you avoid some of the more common mistakes people make when developing an estate plan. 

What is assault in Texas?

When it comes to assault, states have their own sets of laws that define and set penalties for the crime. In Texas, assault could result in a Class C misdemeanor conviction, but it could also result in a first-degree felony conviction. 

Here are the distinctions between the various assault charges.

Tips for being a good power of attorney

Managing the financial affairs of someone else can be a stressful thought. If you are the fiduciary of a family member or friend according to a power of attorney document, you may not know exactly how to fulfill your responsibilities. While you want to help this person and follow his or her wishes, it can be confusing to know what actions to take.

Acting as a fiduciary not only involves legal and financial obligations but it can also invoke a lot of emotions. It is important to remember that the creator of the power of attorney document, also known as the principal, sees you as a trustworthy and honest individual. Here is how you can live up to those ideals. 

Is your job safe after a DWI?

There are some mistakes that are long-lasting. Choosing to get behind the wheel of a vehicle after a night of celebrating is one of the big ones. In 2016 there were 1,018 DWI-related fatalities in Texas.

If you get pulled over for a DWI traffic stop, you should know that you may be dealing with ramifications for years to come. That's because a DWI may impede your ability to get a job or keep it.

3 signs your parent needs a legal guardian

Guardianship is a process when the court appoints a person to look after another who can no longer care for himself or herself. This process is frequent in situations where elderly adults cannot make decisions due to a health issue such as dementia or Alzheimer's disease.

If you are the adult child of an elderly parent, there are some common signs that your parent may require a legal guardian. 

Protect your disabled child with a special needs trust

As a parent of a special needs child, you may have concerns about what is going to happen to your son or daughter once you are no longer around to provide care. In addition to concerns about who is going to care for your disabled child in your absence, you may also wonder exactly how you are going to pay for your child’s care after your passing. Increasingly, parents of special needs children who are facing similar scenarios are creating what are known as special needs trusts.

Just what is a special needs trust?

Whose drugs are they?

With colleges, universities and post-graduate schools all across Texas back in session, you would do well to remember that if you are a student, a drug or other conviction could haunt you for the rest of your life, particularly when it comes to obtaining employment or licensure in your chosen field. Obviously, the best solution to this possible problem is for you to refrain from using illegal drugs or associating with people who do.

Despite your best intentions and efforts to remain drug-free, however, it is conceivable that law enforcement officers could mistakenly claim that you possessed drugs and arrest you therefor. Should this happen, you should be aware of the doctrine of constructive possession. It could play a huge part in your defense.

Common effective defenses to DWI in Texas

Facing criminal charges of any kind can be overwhelming. You may think that the best course of action is to go along with whatever deals the prosecution offers. Maybe you feel that the evidence against you is too solid to fight or that the least consequences come with cooperation.

However, you do not need to resign yourself to any certain fate. No matter your circumstances, the outcome of your case is not set in stone. You have rights and you have defenses that may lead to favorable results. If you receive DWI charges in Texas, these are just a few of the defense options you may have.

Avoid this mistake when acting as power of attorney

If you are acting as power of attorney, you have an incredibly important responsibility with specific duties to carry out. As the agent, you must perform these duties in a way that ensures you are above reproach. Not doing so could make you liable and possibly negligent.

If you do not fully understand your responsibilities when acting as power of attorney, you may put yourself in legal jeopardy. As an agent, you should know the most common mistakes that people make when acting as power of attorney, so you can avoid them.

Can officers search your car during a traffic stop?

Getting pulled over for an alleged traffic violation is not all that uncommon in Texas, especially if you are a relatively young driver. Usually, the officer says (s)he caught you speeding, failing to stop at a stop light or sign, making an illegal turn or committing some other reasonably minor infraction. Things can quickly escalate, however, if that traffic stop turns into a search for drugs or other illegal substances. But does (s)he have the legal right to search?

No, (s)he does not. When conducting a traffic stop, a law enforcement officer may do only the following things:

  • Ask you for your driver’s license, insurance and registration, all of which the law requires you to produce
  • Investigate the traffic infraction for which (s)he stopped you
  • Check for outstanding warrants against you and arrest you if any such warrants exist
  • Write the traffic ticket(s)

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Soraya Joslin, P.C.
1510 Santa Fe, Suite 500
Weatherford, TX 76086

Phone: 817-757-4194
Fax: 817-764-1990
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