Acquirement of Property by Law Operation or “Operation of Law”

Acquirement of property by operation of law is in which someone acquires certain rights or responsibilities automatically under the law, without taking individual action or being the subject of a court order. For example, when one joint tenant dies, any surviving joint tenants obtain title to the jointly owned property; when someone dies without a will, the person’s legal heirs automatically become entitled to inherit property from the estate. Other examples of law operation are when a spouse in a community property estate take title to all community property if the other spouse dies without a will, or a guardianship of a minor ad litem (for purposes of a lawsuit) ends automatically upon the child turning 18.

This term is applied to those rights which are cast upon a party by the law, without any act of his own, such as when the right to an estate of one who dies intestate is cast upon the heir at law by operation of law; or when a lessee for life enfeoffs him in reversion; or when the lessee and lessor join in a feoffment; or when a lessee for life accepts a new lease; or of demise from the lessor, there is a surrender of the first lease by operation of law. 9 B. & C. 298; 5 B. & C. 269; 2 B. & A. 119; 5 Taunt. 518.

Property Rights and Real Estate Law

Trying to decipher an acronym? Attempting to understand legal jargon? The Property Rights and Real Estate Law page give you access to definitions for the Property Rights and Real Estate legal terminology commonly used in documents and court proceedings. This Property Rights and Real Estate Law page will help you understand the legal terms and phrases which are relevant to buying a home, landlord issues, and other areas of Property Rights and Real Estate Law.

Some assets pass outside of your will by operation of law or law operation. This means that there’s a law on the books that causes or permits an asset to pass to a beneficiary without going through probate.

Real Estate

You may own real estate with another person. Whether that property will pass by operation of law depends upon the “magic words” on the deed. If you bought your house with your spouse prior to April 4, 1985, and have certain magic words on the deed, you may have an “entireties deed,” or if you bought your house with anyone else, including your spouse, you might have a “joint tenancy with survivorship” deed. If you bought a house with someone else after that date, you might have a survivorship deed. It all depends on the magic words. With the right magic words, the house will pass to the surviving spouse or other person named in the deed by law operation. In the event the magic words are missing, your interest passes under the terms of your will.

Motor Vehicles

You may own a car or alternative vehicle with a certificate of title. If it was issued after July 23, 2002, it may have a second name on it, either as a Transfer on Death beneficiary or as a survivorship beneficiary. If so, so long as the beneficiary or co-tenant has survived you, upon your death, regardless of what’s in your will, the property will pass to the named beneficiary or co-tenant.

“Operation of Law” or Law Operation Postponements under C.C. 2924g

Recently, the California Court of Appeal (Second Dist.- Los Angeles) made a determination of whether a sale trustee’s five postponements were excessive. Specifically, The Court examined whether the foreclosure trustee’s five sale postponements during an appeal were required “by operation of law” or were instead discretionary and violative of Civil Code § 2924g limit of three postponements without a re-notice of the sale.

Under the California Civil Code, 2924g(c)(1), a sale trustee has the discretion to postpone the sale three times, before the trustee is required to publish a new notice of sale. There are a few statutory exceptions laid out in CC§2924(c)(2) under which a trustee must postpone the sale: by order of the Court, or when stayed by operation of law or by mutual agreement of the parties.

Generally, when citing “operation of law” or law operation for the reason to postpone a sale, it is almost always due to the automatic stay from a bankruptcy petition filing. In Royal Thrift and Loan Company vs. County Escrow, Inc. (2004 DJDAR 12668, Filed Oct. 15, 2004), the Court decided whether the operation of law exception also applied to the “automatic stay” of Code of Civil Procedure §916. That code suspends enforcement of a judgment on appeal, but CCP §916 had not been evaluated before as to whether it applied to prevent a trustee from conducting a non-judicial foreclosure sale during the appeal.

In the Royal Thrift case, property owners Arthur and Rosalie Jones sued lender Royal Thrift and Loan, County Escrow Inc., and notary public Michelle Kramer for negligence and fraud in connection with a fraudulent loan taken out by their son, Jeff Jones, and his two associates, Sam Favata and Ruben Sanchez. Jeff Jones, Favata, and Sanchez forged Jeff’s parent’s signatures on a promissory note and deed of trust securing a loan on Arthur and Rosalie’s residence. Kramer notarized the documents and County Escrow accepted the documents and distributed Royal Thrift’s loan proceeds to Jeff, Favata, and Sanchez. Later the loan went into default and Royal Thrift asserted that it was entitled to foreclose on the $192,039.74 obligation.

The trial court entered judgment in favor of Arthur and Rosalie against Jeff Jones, Favata, and Sanchez. The court also entered judgment for Royal Thrift, determining that Royal Thrift held a valid first deed of trust on the Joneses residence. The trial court found that the Joneses had ratified the loan because they had been aware of the fraudulent loan for over two years but, to protect their son, did not challenge it. Royal Thrift was also awarded judgment against Kramer and County Escrow and against Star Insurance, an issue of Kramer’s fidelity bond. The judgment stated that in the event the future foreclosure sale failed to fully compensate Royal Thrift, Royal Thrift would be entitled to damages against Kramer, County Escrow, and Star for the difference between the loan balance and its credit bid at the sale.

In the first of two appeals, in this case, the Joneses appealed from this judgment. Kramer, County Escrow, and Star Insurance cross-appealed. Royal Thrift appealed the trial court’s denial of its request for attorney fees under the tort-of-another doctrine. Most of the appeals were dismissed as being premature since the trial court had reserved jurisdiction to finally determine Royal Thrift’s damages when the foreclosure sale was completed.

Following the first appeal, Royal Thrift conducted its foreclosure sale and bought the property for $139,000. It then made a motion for an additional sum and the Court modified the judgment to award Royal Thrift an additional $56,575.72. Kramer, County Escrow, and Star Insurance (hereafter, collectively “County Escrow”) then brought their second appeal from the modified judgment, contending the trial court ignored major procedural defects in Royal Thrift’s non-judicial foreclosure sale. County Escrow contended that Royal Thrift postponed the sale more than the three times allowed by statute for discretionary postponements, as opposed to postponements required by law operation.

Non-judicial foreclosures are governed by a comprehensive statutory scheme found in Civil Code §§ 2924 through 2924k, and a properly conducted sale “constitutes a final adjudication of the rights of the borrower and lender.” [6 Angels, Inc., v. Stuart-Wright Mortgage, Inc. (2001) 85 Cal.App.4th 1279, 1283-1284]. As a general rule, there is a common law rebuttable presumption that a sale has been conducted regularly and fairly. [6 Angels at pg. 1284]. In addition, there’s a statutory presumption that the recital in the trustee’s deed that all statutory requirements for notice and sale have been satisfied is prima facie evidence of compliance and conclusive evidence of compliance in favor of a bona fide purchaser or encumbrancer. [Civil Code 2924].

Read More:  Child Support and Understanding its Responsibilities

child support

Child Support and Understanding its Responsibilities

There is a strong public interest in the United States in making sure that both parents support a child. This is why child support laws are rigidly enforced in all 50 states. Parents generally cannot waive a child’s right to child support, and parents who do not comply with a support order are subject to a host of enforcement actions and penalties. The amount of support is determined by several factors: the responsibilities of the parents, their income, the number of children, and the needs of their children. Each state has slightly different laws and calculations.

What can a Child Support Lawyer Do For You?

Getting the other parent to contribute to the child support they owe can be hard, but hiring a child support lawyer can help you figure out what you can and cannot do. People who refuse to pay child support are very common. Thus, hiring a lawyer experienced in child support issues will help you navigate the legal system and, when possible, get you the support you are owed to provide your child.

How a Child Support Attorney Can Help

Whether you’re determining child support as part of your divorce settlement or you are an unmarried parent seeking legal support, an attorney can streamline the process you. Disputes involving children and money turn to discussions of child custody and can become volatile. An attorney can objectively negotiate on your behalf to protect your child’s interest.
Child support lawyers can:

  • File a petition for support and request a child support order.
  • Answer a child support petition.
  • Establish paternity.
  • Prove income.
  • Locate the other parent.
  • Subpoena the other parent’s financial information.
  • Determine the factors the court will look at in calculating the amount of support.
  • Explain your enforcement options.
  • Estimate how much support you can receive from the other parent.
  • Explain the tax consequences of a child support order.
  • Negotiate with the other parent to reach an agreement or represent you in court.

Parents have a legal duty to support their children. This is true of both parents even if they never marry or divorce. Often one parent ends up paying child support to the other when parents don’t live together.

You need to retain a lawyer who will look out for your best interests, as well as your child’s, if you are in a child custody case, whether you expect to pay or receive child support.

Child Support Considerations

Traditionally, men paid child support to the mother. That is still the most common situation. But today, courts recognize that giving custody to mothers is not always in a child’s best interest. Moreover, with most women in the workforce, it is becoming more common for women to pay child support to men.

Whatever your situation, it is important to understand how courts determine child support. Individual states set their own guidelines, but these are some of the most commonly considered factors:

  • Parents’ incomes
  • Child care costs
  • The child’s individual needs
  • Custody arrangements

Courts often calculate support payments as a percentage of the non-custodial parent’s net income. The percentage can change based on the number of children and the amount of time each parent spends with the child.

child support

How Child Support Lawyers Can Help Men

A lawyer who specializes in helping men with child support issues can make sure you are treated fairly. Child support issues are not always cut and dried. As an example, in joint custody situations, neither parent often pays child support. But if one parent’s income is significantly lower compared to the other, that parent could be eligible for child support to assure the child’s expenses are covered while with either parent.

Your child support lawyer can help you navigate these situations, as well as make sure all aspects of your case are handled properly. Your attorney can:

  • Ensure all income is accounted for. Most states have a broad definition of income for child support purposes. They include sources of funds ranging from salaries to gambling winnings. Some states exclude capital gains, while others include them. Your lawyer can make sure both parents’ incomes are based on the proper sources in your state.
  • Ensure net income is calculated correctly. Your lawyer can make sure all the right mandatory deductions are made from your income or that your child’s mother isn’t claiming deductions she is not entitled to. Your lawyer can also ensure the court allows reasonable expenses for you, in case your state also allows deductions for basic living expenses.
  • Help you get or enforce a child support order. In case your child’s mother is not paying the child support required of her, your lawyer can help you negotiate with your child’s mother or go to court.

Child support can be a tricky issue. You want to do what is best for your child without feeling taken advantage of. Having an experienced lawyer on your own side can help make that happen.

Failure to Pay Child Support

Failure to pay child support is a serious problem and state, federal and local governments actively pursue noncustodial parents who are delinquent in their own child support payments. Noncustodial parents who are obligated to pay child support ought to be aware of the actions that may be taken against them when they fail to make timely payments.

Although most non-custodial parents in regular contact with their children diligently keep up with their child support payments, many noncustodial parents, particularly those who are not involved in their children’s lives, do not make regular payments. Some non-custodial parents actively try to avoid paying any child support at all. To remedy this problem, the federal government set up the Federal Child Support Enforcement Program to ensure children reduce the number of families that require public assistance for support and have the financial support of both parents. The program operates through the state and county social services agencies that oversee the collection and distribution of payments.

Congress enacted the immediate income withholding provision that must definitely be included in all child support orders, to make sure child support is timely paid. This is also known as a wage assignment or income deduction order. In addition to wages, states must apply the withholding provision to other sources of income, including disability, pension, retirement, unemployment benefits, and workers’ compensation payments. There is an exception to the withholding provision which may be permitted for parents who agree to a different arrangement. If they can prove to the court that there’s a good reason why the provision should not be enforced, the noncustodial parent may also avoid the automatic withholding provision.

A positive feature of the withholding provision is that it provides the noncustodial parent with a record of payments so that there can be no dispute over missing payments. It is important for the non-custodial parent to check the child support statement against the record of payments to make sure the payments are properly credited. There are instances where the child support enforcement agency notifies credit -reporting agencies that an individual is delinquent in their child support payments. Fortunately, the record of payments serves as proof that the child support payments were timely paid so the individual’s credit report can be corrected expeditiously.

Obtaining a Child Support Decree

Requesting child support is a relatively straightforward process. The parent entitled to support can simply file a petition for support with the court if a family law case has already been opened. A similar filing might be submitted if the case was new, although special notice rules apply for initiating the case to ensure the court can lawfully assert jurisdiction over the other parent. In some cases, the noncustodial parent may be the one to request a child support order, as that parent will need to demonstrate that he or she is actively paying support before the court grants requests pertaining to visitation or custody.

State statutes provide specific guidelines for calculating child support. To simplify the process, most states have published worksheets that allow parties to enter income and expense information to arrive at a “presumptive” monthly payment amount. This figure is said to be presumptive as it’s possible to deviate upward or downward based on unique circumstances. In the event the parties can agree on the final amount, a stipulated order might be submitted for the court’s approval. In the event the parties cannot agree, it will be necessary for a judge to hold a hearing and decide on the matter.
From a tax perspective, child support payments are a neutral event. The custodial parent need not declare the payments as income. Also, the non-custodial parent cannot deduct them as an expense. Payments are made to the court or a state child support agency. Parents that are obligated to pay support should refuse requests for direct payment by the recipient parent. There are numerous cases in which a parent didn’t receive credit for child support they paid to the other parent. Moreover, despite the fact the money ends up going to the custodial parent, support is meant to benefit the child. Informal agreements between the parents excusing missed payments will not be recognized.

Child Support Issues Can Arise

The amount of income someone earns can be disputed in child support cases. This is especially true for parents who are:

  • self-employed
  • using a significant amount of investment income
  • paid by commission
  • paid in cash
  • whose income fluctuates, and
  • paid in non-traditional ways such as through stock option

See More: Different Legal Advice from Distinct Great Lawyers

The Role of Legal Observers in the Community

The Role of Legal Observers in the Community

Legal observers are trained volunteers who support the legal rights of activists. They give basic legal guidance and are independent witnesses of police behavior at protests.

Legal Observers are independent of the protest and do not participate as activists. They support protestors by:

  • Dispersing bust cards and briefing activists about their rights.
  • Keeping notes about the actions of the police on demonstrations, which may be later used to challenge the authorities on their conduct.
  • Monitoring arrests, including collecting witnesses and helping to join the arrestee with support in the police station.
  • GBC Legal observers could be identified on activities by their orange hi-viz vests that say, Legal Observer.
  • Legal observers have no official legal status or privilege, but the police are often aware of the part, and legal observers may act as a deterrent to police wrongdoing.

Legal observers are not:

  • Lawyers
  • Medics (GBC has individual medics on some substantial actions)
  • Media spokespeople
  • Stewards or authorities liaison: legal observers may occasionally speak to law enforcement to find out advice, but will not pass messages between police and activists.

Legal Observer

Legal Finding is an exciting approach to playing an important role in almost any demonstration or protest. However, this endeavor also carries with it a great amount of obligation. Legal Observers are most often law students, lawyers, or other members of the legal community because these individuals are usually familiar with the laws and may note any violations in legal terms. Yet, anyone can be an effective legal observer with proper training.

Legal Observers are people who purposely position themselves close enough to demonstrations to be able to precisely see and report the activities of participants and also the law enforcement who interact with them. Just the presence of an explicitly identified Legal Observer can deter authorities from violating the rights of protesters. Legal Observers shouldn’t act as a portion of the demonstration, but should carefully record the activities of the police with the aim of later using that information as objective accounts of the events. A Legal Observer will essentially be the official eyes and ears of protesters, documenting every detail in a thorough and professional fashion. Usually, they fill out this official form (LO overview) for any episode so that all the info is uniform and organized.

See more: The Role of Legal Observers in the Community

A Couple of Tricks

Stuff: A Legal Observer should carry a pen and paper or the essential forms for writing their observations, a camera or recording device for documenting situations, and an article that clearly identifies you as a Legal Observer (hat, t-shirt). An especially powerful Legal Observer will even become acquainted with the place in order to reference street names and directions. Noting the locations of restrooms or where medical care and other crucial provisions might be obtained is also important. Know how exactly to estimate distances and have the ability to recognize key players of the protest for communications purposes.

The Legality of Recording Cops: Videotaping authorities is one of the very most powerful tools for protecting protesters. While police may assert that you must have the authorization to videotape them, the Oregon District Court suggests that videotaping police at a demonstration is protected under the First Amendment because protests are matters of public interest.

Legal Observer Team

Legal or human rights observers behave as an independent third party, monitoring authorities behavior to be able to keep police answerable for their actions. Legal observers can write incident reports describing authorities violence and misbehavior and compile reports following the event. As observers, they truly are more removed and so better able to objectively and independently describe occasions.

It truly is critical that a Legal Observer Team has discussed and is clear about their role and mandate, particularly about whether their job would be to monitor the conductor police, of protesters of both or of others. A political philosophy to legal support will normally insist that the role of Legal Observers is always to track the behavior of the authorities and that their function is not to police or to track protester behavior in any way.

It is arguably inappropriate for Legal Observer Teams who are committed to working in political support and solidarity with protesters to surveil and quasi-police the activities of protestors. The authorities along with the apparatus of the state dedicate lots of resources to the profiling, surveillance, and criminalisation of individuals and movements that work towards progressive social change. Legal Observer Teams should aim to widen the political space to take protest action; by tracking violence and harassment by police and other authorities and acting in a way that better enables movements to take the actions they want to take (whether those activities are inside or beyond the law).

Legal Observers are needed to provide handouts on legal information, provide protesters with phone numbers for legal support, track arrests and policing episodes and collate information for ongoing legal support and or arrested solidarity.

Legal Observers should also encourage protest participants to write an appropriate legal support telephone number (this may be a mobile number activated by the Legal Support team for this specific demonstration or the quantity of an encouraging criminal law firm or community legal center). Even participants who usually do not intend to get arrested or feel they won’t get detained needs to be encouraged to do this. Firstly, authorities answers could be unpredictable and arbitrary and it is not uncommon for individuals who had no intention of being arrested (even bystanders who were not part of the protest) to be detained. Secondly, if some participants hold the number written on their hand and others don’t it may cause authorities attention to be attracted to individuals with the number on their hand, on the premise that they intend to engage in more militant or confrontational approaches.

Legal Observers are critical to producing a sense of safety, to let people to make informed decisions about their actions and to detect police strategies and boost accountability.

It’s useful for Legal Observers to identify themselves as such by wearing signs or distinguishing clothes such as fleuro security vests with Legal Observer stenciled on the back. Make certain each Legal Observer comes with a clipboard, important arrest tracking sheets, blank paper, and pens.
Be sure you have debriefing organized – the role can be quite draining, as Legal Observer may be witnesses to police violence, but the job requires them to keep doing. In such situations organizing a group debriefs to accept how shocking and upsetting a few of the things which were witnessed and detected may have been.

NLG Legal Observer Program

The National Lawyers Guild Legal Observer program was established in 1968 in New York City in response to protests at Columbia University and citywide antiwar and civil rights demonstrations. That same year, Guild students organized for the defense of individuals swept up in mass arrests at the Democratic National Convention in Chicago.

The Legal Observer program is part of an extensive system of legal support by their Mass Defense Committee designed to enable individuals to express their political views as fully as possible without unconstitutional disruption or interference by the authorities and with the fewest possible outcomes from the criminal justice system. In addition to Legal Observers, Guild attorneys generally provide legal defense for protesters that are arrested and bring civil litigation if needed. Legal Observers are generally, but not entirely, law students, legal workers, and attorneys who may or might not be licensed locally. Legal Observers are trained and directed by Guild lawyers, who often have created solicitor-client relationships with activist organizations, or are in litigation challenging police approaches at mass assemblies. The existence of Legal Observers may serve as a deterrent to unconstitutional behavior by law enforcement during a demonstration. To request Legal Observers for an upcoming occasion.

Get Trained as a Legal Observer

A Know Your Rights Training for Trainers will be held by the Midnight Special Law Collective. The training teaches folks how exactly to give the “Know Your Rights” training. They show how to use brainstorms, role plays and facilitated discussion to teach people their rights and how the cops deceive you out of them. Additionally, it instructs some of the principles of giving training, including presentation skills, facilitation techniques, and the way to act like a cop.

See more: Different Legal Advice from Distinct Great Lawyers

Which are the Key Parts of a Legal Observer

To monitor the policing of the demonstration, notably the use by authorities of controversial strategies like stop and search and kettling.
To behave as a hindrance to police misbehavior. Legal observers are very noticeable in hi-visibility bibs, and remind individual police officers that their activities are being monitored.

To reassure and advise protesters of their fundamental legal rights. Bust cards give info on basic protest rights and comprise the amount of a trusted lawyer about them to call if they may be detained.

To track arrests. As a legal observer, your function would be to record anything you witness during an arrest or obtain statements from other witnesses.
To record assaults on protesters by police. Legal observers should record assaults in as much detail as possible and should try to acquire statements from any witnesses.

 

Different Legal Advice from Distinct Great Lawyers

Different Legal Advice from Distinct Great Lawyers

Legal Advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation.

Legal advice is ordinarily provided in exchange for financial or other tangible compensation. The advice given without remuneration is normally referred to as being pro bono public (in the public good), or simply pro bono.

In the common law systems it is usually received from a solicitor, barrister or lawyer; in civil law systems, it’s given by advocates, lawyers or other professionals (such as tax experts, professional advisors, atc.).

In some countries, legal advice is subject to the possession of a specific license; in others, it is simply subject to the general regulation of professional obligation and can be supplied by any person, who will usually be legally responsible for the provided guidance. The UK’s Legal Services Act 2007 includes the giving of legal advice within the definition of unreserved legal activities, which means that it may be supplied by any person not just an officer of the court. However, if it is provided by a lawyer or another person authorized by one of the frontline legal services regulators, then this activity is included within their regulatory reach.

With the advent of the Internet, many services have been established to provide individuals the power to conduct their own legal research or prepare their own legal documents. As well, some companies offer answers to legal questions directly through their web services.

Criminal Law Basics

The field of criminal law enforces behavior codes laid out in both federal and state law. When a person breaks the rules set forth in the criminal or penal codes, he or she can be subject to discipline. Penalties for breaking criminal laws may include jail time, fines, community service, probation, or even death in some instances. However, criminal law also puts important safeguards in place for those accused of breaking the rules to ensure that only the guilty are punished for their actions and that punishments fit the crime.

See more: The Role of Legal Observers in the Community

Drug Charges

There is a wide-range of drug crimes that can lead to legal sanctions in the United States. Different types of drugs, both legal and illegal, are classified into schedules by the federal government, and individual states have laws dealing with drug offenses written into their penal codes. Substance charges should be taken seriously. Defendants charged with what may seem like minor drug offenses are sometimes tempted to avoid the expense of hiring a drug lawyer, but in reality, the serious treatment of these charges by the courts usually calls for the help of an attorney specifically familiar with drug law. The information in this section will help you understand the rules for substance-related violations.

State Marijuana Laws

Marijuana is a controlled substance, and if a person is in possession of marijuana or cannabis-related paraphernalia they may be subject to arrest and charged with a crime. But while this is the general rule, in a few states marijuana has been decriminalized to varying degrees and medical use may even be permitted with a valid prescription from a doctor. Because laws surrounding the use of this drug differ from jurisdiction to jurisdiction, it is important to comprehend the rules that apply in your state or in any state that you plan to visit while in possession of marijuana.

Learn more about Power of Attorney for Child

You can’t always be there to take care of your children. With a Power of Attorney for Child, you can give someone you trust the ability to make decisions in your absence. Help ensure your children get the care they need, no matter what happens, with a Power of Attorney for Child.

Use a Power of Attorney for Child if:

  • You are leaving your child(ren) in someone’s attention for an extended period of time.
  • You want a Power of Attorney for your minor child set up in the event you are unexpectedly unavailable to make decisions for your child(ren).

Other names for Power of Attorney for Child:

Power of Attorney for Child Care and Custody, POA for Kid, Power of Attorney for a Minor, Medical Power of Attorney for Child

Medical Power of Attorney for Child document:

While this file can be used as a Medical Power of Attorney for Child, Rocket Lawyer also has a Consent for Consent for Medical Treatment of a Minor, which can supply a more detailed medical care instructions for one or more minors, including their allergies or existing medications and dosages. The Consent for Medical Treatment of a Minor additionally contains the option of including preferred physician, hospital or medical insurance details not contained in this general Power of Attorney for Child.

A Power of Attorney for Kid isn’t for long-term guardianship:

The Power of Attorney for Child is temporary and does not establish legal guardianship. Depending on your situation and Legal Advice, it might be best to include guardianship provisions in your Last Will and Testament. Consult with a local estate planning attorney to learn more about what’s best in your state.

How a Power of Attorney for Child could be used:

When someone you trust is watching your kids while you’re away, you can temporarily assign parental, custody or guardian rights to them using a Power of Attorney for Child. With this document, another person will have legal authority for health, medical and other major choices, with certain limitations, when you are absent. A Power of Attorney for Child is most often used by parents to allow a temporary caretaker to make decisions when they’re gone for work, vacation or otherwise out of town. A Power of Attorney for Child is intended for use over a period of time. However, many states limit the timeframe to no more than six (6) months.

Information needed for creating a Power of Attorney for Child:

Here are some important details you’ll want to include in your Power of Attorney for Child:
Names, addresses and phone numbers of parents or guardians which are signing the Power of Attorney for Child.
Names and addresses of Appointed Agent(s).
Name and date of birth for each child being covered by this Power of Attorney for Child.

Specify when the Representative’s authority will begin. This is when the temporary power will become effective. You may choose one of the following:

Include each Parent’s contact information where they could be reached while Power of Attorney for Child is in effect if this is different from permanent information. For example, this may be address, phone number and email address used while Parents are traveling.

Types of powers your agent will have your Power of Attorney for Child:

Depending on the reason you’re creating your Power of Attorney for Child, you may want to give your representative specific responsibilities. A few of the more common powers your agent could have contained:

Enroll child(ren) in school and extracurricular activities;
Have access to school records and participate in decisions regarding the child(ren)’s education including attending parent-teacher conferences;
Obtain medical, dental and mental health treatment and make healthcare decisions on behalf of child(ren);
Provide for the child(ren)’s food, lodging, housing, recreation, and travel;

If you change your mind:

If you change your mind after signing your Power of Attorney for Child, you may cancel it by using a Revocation of Power of Attorney.

Choosing an Agent:

You may select any adult to be an Agent. Your Agent doesn’t have to be a family member. When choosing a Representative, consider the following:

  • Someone you trust;
  • Some your child(ren) know;
  • Make sure Agent has the power to act on behalf of your child(ren)’s best interests by considering the potential Representative’s other time commitments, experience with a child(ren) and their general health.

Other documents for you and your family:

Here are a few popular documents you might need in addition to a Power of

  • Attorney for Kid
  • Child Care Authorization
  • Revocation of Power of Attorney
  • Power of Attorney
  • Authorization for Medical Treatment of a Minor

Read more: HOW CAN WE HELP YOU?

Transformation

Equity and management

Webber Wentzel is an equal opportunity employer committed to employment equity at all levels. As a professional partnership, their firm is owned by its equity partners, with approximately 25.1% being owned by previously disadvantaged people.

Approximately 40% of their legal staff complement and 60% of their business services staff complement are people of color.

Developing, training and advancing previously disadvantaged attorneys

They are involved in a number of initiatives aimed at advancing formerly deprived law professionals within as well as outside the firm. We:

  • ensure that the majority of their annual candidate lawyer intake comprises previously disadvantaged people;
  • engage in a number of guidance and mentoring arrangements with formerly deprived practitioners;
  • offer bursaries to previously disadvantaged law students studying at the major South African universities;
  • invite law students from South African universities to take up internship positions in their company; and
  • offer a three-month secondment to formerly disadvantaged professionals through the Law Society of South Africa’s empowerment project.

Procurement

They outsource specific non-core functions to empowered companies.

Pro Bono and Corporate Social Investment

Their dedicated Pro Bono Practice provides free legal services to various organizations and communities. The work Legal Advice that they do is guided by the recognized need to narrow the divide between the advantaged and disadvantaged members of South African society as well as the duty to play a role as a good citizen in their own country.

They proactively seek opportunities to develop the communities in the regions in which they operate through their Corporate Social Investment Programme. Their approach in making social investments is based on entering partnerships with appropriate organizations with the aim of achieving measurable and sustainable results.

Professional Legal Services

Clientle Legal offers you the opportunity to obtain Superior Legal Advice. If you need to have your day in court, Clientle Legal offers you inexpensive legal cover and an easy way to get your own qualified, professional attorney.

Clientle Legal offers you a choice of two Legal Advice:

  • Personal Legal Plan from R140 per month.
  • Legal Business Plan from R485 per month.

See more: The Responsibilities of a Chief Defense Lawyer

Private Legal Cover

From only R140 per month, you will have access to R140,000 worth of superior legal services per year and up to R1.4 Million for life.

  • Certain strategies contain cover for you, your spouse and children under 18
  • Cover against civil, criminal and labor associated matters
  • Includes Bail Assist and Retrenchment benefit
  • 24-hour legal emergency line operated by qualified attorneys / legal advisors
  • Accidental Death Benefit for the main member on selected plans
  • Optional Accidental Death Benefit for partner on selected strategies
  • Protection against the effects of inflation on legal costs
  • The extended family plans also available.

 

The Role of Legal Observers in the Community

 

The Role of Legal Observers in the Community

Legal Observers are trained volunteers who support the legal rights of activists. They provide basic authorized guidance and are independent witnesses of police behavior at protests.

Legal Observers are unbiased of the protest and do not participate as activists. They help protestors by:

  • Distributing bust cards and briefing activists about their rights.
  • Keeping notes about the actions of the police on protests, which may be later used to challenge the police on their conduct.
  • Monitoring arrests, including collecting witnesses and helping to connect the arrestee with assist within the police station.

Authorized observers to have no official legal status or privilege, but the police are often aware of the role and authorized observers may act as a deterrent to police wrongdoing.

Legal Observers are not:

  • Lawyers
  • Medics (GBC has separate medics on some large actions)
  • Media spokespeople
  • Stewards or police liaison: legal observers might occasionally speak to the police to find out information, but will not pass messages between police and activists.

Authorized Observer

Legal Observing is an exciting way to play an important position in any demonstration or protest. However, this task also carries with it a great amount of responsibility. Authorized Observers are most often law students, lawyers, or other members of the authorized community because these individuals are usually familiar with the laws and can note any violations in legal terms. Nevertheless, anyone can be an effectively authorized observer with proper training.

Legal Observers are people who purposely position themselves close enough to demonstrations to be able to accurately watch and report the activities of participants and the regulation enforcement who interact with them. Just the presence of an explicitly identified Authorized Observer can deter police from violating the rights of protesters. Legal Observers should not act as part of the demonstration, however, should carefully record the actions of the police with the goal of later using that info as an objective account of the events. An Authorized Observer will essentially be the official eyes and ears of protesters, documenting every detail in a thorough and professional manner. Typically, they fill out this official form (LO summary) for any incident so that all the information is uniform and organized.

See more: Workers Compensation Attorney in the Bronx

A Few Tips

Materials: A Legal Observers ought to always carry a pen and paper or the required forms for writing their observations, a camera or recording device for documenting situations, and an article that clearly identifies you as an Authorized Observer (hat, t-shirt). An especially effective Legal Observer will also become conversant in the area in order to reference street names and directions. Noting the locations of restrooms or where medical care and different essential provisions could be obtained is also essential. Know how to estimate distances and be able to recognize key players of the demonstration for communications purposes.

The Legality of Recording Cops: Videotaping police is one of the most powerful tools for protecting protesters. While police could assert that you must have consent to videotape them, the Oregon District Court suggests that videotaping police at a protest is protected under the First Amendment as a result of protests are matters of public interest.

Read more: What is Rational-legal Authority

Authorized observer team

Legal or human rights observers act as an impartial third party, observing police habits so as to keep police accountable for their actions. Authorized Legal Observers can write incident reports describing police violence and misbehavior and compile reviews after the event. As observers, they are more removed and thus better able to objectively and independently describe occasions.

It is vital that a Legal Observers Team has discussed and is clear about their function and mandate, particularly about whether their role is to monitor the behavior or police, of protesters of both or of others. A political philosophy to legal support will generally insist that the position of Authorized Observers is to watch the conduct of the police and that their function is not to police or to observe protester habits in any way.

It is arguably inappropriate for Legal Observers Teams who are committed to working in political help and solidarity with protesters to monitor and quasi-police the actions of protestors. The police and the apparatus of the state dedicate plenty of resources to the profiling, surveillance, and criminalisation of individuals and movements that work towards progressive social change. Authorized Observer Groups should aim to widen the political space to take protest action; by monitoring violence and harassment by police and other authorities and acting in a method that higher enables actions to take the actions they want to take (whether or not those actions are inside or beyond the legislation).

Legal Observers are needed to provide handouts on authorized data, provide protesters with phone numbers for a legal assist, track arrests and policing incidents and collate information for ongoing authorized support and or arrested solidarity.

Authorized Observers should also encourage protest individuals to write an appropriate legal help telephone number (this may be a mobile quantity activated by the Legal Support group for this particular protest or the number of a supportive criminal law firm or group authorized center). Even members who do not intend to get arrested or feel they will not get arrested should be encouraged to do this. Firstly, police responses may be unpredictable and arbitrary and it is not uncommon for people who had no intention of being arrested (even bystanders who were not a part of the protest) to be arrested. Secondly, if some contributors have the number written on their hand and others don’t it may cause police attention to be drawn to people with the quantity on their hand, on the assumption that they intend to engage in more militant or confrontational tactics.

Authorized Observers are vital to creating a feeling of safety, to allow individuals to make informed decisions about their actions and to observe police techniques and promote accountability.
It’s useful for Legal Observers to identify themselves as such by wearing signs or distinctive clothing such as fluoro security vests with ‘Legal Observer’ stenciled on the back. Make sure each Authorized Observer is equipped with a clipboard, relevant arrest tracking sheets, blank paper, and pens.

Make sure you have debriefing organized – the role may be very draining, as Legal Observer could also be witnesses to police violence, however, the position requires them to keep doing. In such conditions organizing a group debriefs to acknowledge how shocking and upsetting some of the things that were witnessed and observed may have been.

NLG Authorized Observer Program

The National Legal Professionals Guild Legal Observers program was established in 1968 in New York City in response to protests at Columbia University and city-wide antiwar and civil rights demonstrations. That same year, Guild college students organized for the defense of people swept up in mass arrests at the Democratic Nationwide Convention in Chicago.

The Authorized Legal Observers program is part of a comprehensive system of the legal assist by their Mass Defense Committee designed to enable folks to express their political views as fully as possible without unconstitutional disruption or interference by the police and with the fewest potential consequences from the felony justice system. In addition to Legal Observers, Guild attorneys often present authorized protection for protesters who’re arrested and bring civil litigation if wanted. Authorized Observers are typically, but not exclusively, regulation students, legal workers, and legal professionals who might or may not be licensed locally. Legal Observers are educated and directed by Guild attorneys, who typically have established attorney-client relationships with activist organizations, or are in litigation challenging police ways at mass assemblies. The presence of Authorized Observers could serve as a deterrent to unconstitutional behavior by legislation enforcement during a demonstration. To request Legal Observers for an upcoming occasion.

Get Trained as a Authorized Observer

A Know Your Rights Training for Trainers will be held by the Midnight Special Law Collective. The coaching teaches people the way to give the \”Know Your Rights\” training. They show tips on how to use brainstorms, function plays and facilitated discussion to teach individuals their rights and how the police trick you out of them. It additionally teaches a few of the fundamentals of giving coaching, together with presentation skills, facilitation techniques, and methods to act like a cop.

See more: The Responsibilities of a Chief Defense Lawyer

What are the Key Roles of a Legal Observers

  • To monitor the policing of the protest, especially the use by police of controversial tactics similar to stop and search and kettling.
  • To act as a deterrent to police misbehavior. Authorized observers are very noticeable in hi-visibility bibs, and remind individual police officers that their actions are being monitored.
  • To reassure and inform protesters of their primary authorized rights. Bust playing cards give info on fundamental protest rights and contain the variety of a trusted lawyer for them to call if they’re arrested.
  • To watch arrests. As a legal observer, your role is to document anything you witness throughout an arrest or obtain statements from different witnesses.
  • To report assaults on protesters by police. Legal Observers ought to file assaults in as much element as attainable and should attempt to acquire statements from any witnesses