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Texas Legal Blog

How to talk to a loved one about a guardianship

A guardianship for older adults can provide peace of mind for the whole family. A guardianship appoints a specific person (i.e., a guardian) who will make important decisions for another if the latter becomes incapacitated and cannot make decisions for himself or herself.

Discussing the idea of a guardianship can be difficult with your parent or another elderly loved one. Knowing how and when to broach the subject, however, could prevent more serious issues down the road.

Can a DWI prevent you from owning a firearm?

The right to bear arms is a constitutional right many Texans firmly believe in. Over one million Texans have a license to carry. It may be less than 5% of the state's residents, but it is a substantial number. It shows how much Texans care about the 2nd Amendment. 

Every year, numerous people apply for licenses to carry firearms in the state. Before receiving such a license, Texans have to undergo background checks. If someone has a DWI in his or her past, then that person will probably worry about whether he or she can own a gun ever again. The truth is that it varies significantly from one person to the next, so you have to look at your specific case to determine if you can still own firearms with a DWI on your record

How do I take care of my special needs child after my death?

Creating a plan for the care of your children after your death may seem morbid, but it is actually the opposite. You want to ensure that should the unthinkable occur, your kids will thrive.

When you have a child with a disability or special need, this process becomes even more critical. Since these children may remain with their parents for the length of their lives, your estate plan must account for their care as juveniles and through adulthood. Take a look at some ways you can build a strategy that protects your family best.

Factors that can impact Breathalyzer accuracy

When police stop you and think you may be drunk, they will undoubtedly ask that you submit to a breath test using a Breathalyzer device. A lot rides on the results of that breath test, so you want to be sure its measurements are completely accurate. Unfortunately, a number of different factors can potentially lead to an inaccurate Breathalyzer reading. If your breath test shows a falsely elevated result, you may be looking at steep fines, substance abuse requirements and possibly even time behind bars, among other possible repercussions.

Some factors that can offset Breathalyzer accuracy have to do with the device itself, while others have to do with environmental conditions or human errors. Just what types of factors can cause inaccurate breath test results?

What to do when your college kid faces drug possession charges

Sending your child to college is a bittersweet event. On the one hand, you feel a sense of pride for the young adult your son or daughter has become and for his or her decision to get a higher education. On the other hand, you worry about your child being independent and facing the many challenges that come with college life and young adulthood in general.

One of these challenges is the alcohol and drug activity that is a common part of the college experience. What if your son or daughter makes a bad choice and faces charges of drug possession?

What happens at a DWI traffic stop?

A DWI arrest can have disastrous consequences. Before a conviction even takes place, you can start to feel the effects. For example, the Texas Longhorns fired one of their players after police arrested him on suspicion of driving under the influence of alcohol

To get out of this situation all right, you need to start acting credibly and supporting your defense from the moment a police officer pulls you over. You should never get behind the wheel if you had anything to drink that evening. However, if you think you have something to hide during a traffic stop, then here are some aspects to bear in mind. 

Importance of bookkeeping as a power of attorney

Granting someone power of attorney is an inalienable right in Texas. While giving someone medical and financial powers of attorney over you involves creating complex documents, it is essential in ensuring your best interests remain intact as you enter old age.

Financial power of attorney gives someone else the right to make financial decisions on your behalf. This allows someone else to pay bills, pay the mortgage and take care of other essential expenses when the person would otherwise be unable to do so, or if she or he would forget to pay. It is a huge responsibility, and the law has strict guidelines about how powers of attorney can spend money. This is why it is so critical to take careful notes about where all the money goes. That way, if a court ever asks where a person's money went, you can show it. 

When a principal demands a financial accounting

Suppose your cousin is in the army reserves and the military deploys her to active duty in another country. She asks you to help your aunt, who is your mother's sister, with tasks she can no longer perform for herself. She trusts you to help her mother with her financial affairs.

You agree to pay your aunt's bills, taxes, medical expenses and anything else she may need. You agree to take your aunt to the grocery store to pay for the food she chooses. Your cousin states she knows you will be honest in handling her mother's money.  

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.

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1510 Santa Fe, Suite 500
Weatherford, TX 76086

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