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The trend among states to create a single legally recognizable form for advance directives and for the appointment of the health care guardian to make decisions is certainly a step in the right direction for many patients. Often, individuals do not have an advance directive, and health-care providers have the sometimes challenging task of determining who is the most appropriate decision-maker from among the patient's family or friends. Additionally, when an individual is in a life-threatening situation or becomes terminally ill and unable to communicate his or her own preferences, health-care providers, family and friends must decide whether or not to engage in life sustaining acts that may have been contrary to the individual's wishes. Completion of an advance directive may eliminate some of the confusion and stress that families and health-care providers face when trying to make these difficult health-care decisions.
Part One of this series discussed precedent transactions and standard terms and conditions in the toll road leasing market. The conclusion continues the discussion of terms and conditions and addresses legislative developments.
The tort system is designed to determine negligent actions and to make harmed individuals whole. A fair system would be predictable and would compensate every injured patient in an equitable way for lost earnings, medical expenses, and suffering. It would also impact all negligent health care providers in a similar way, in spite of the identity of the injured patient. Unfortunately, our current system is an inadequate means for achieving these goals.
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Recent rulings of interest to you and your practice.
How can one parent stop the other parent from taking a child to visit a dangerous country? How can a parent make sure that a child will be returned if the other parent takes the child to visit his or her native country? Many international parents are becoming increasingly concerned about the answers to these questions. Here are Ten Key Tips for Parents that have been developed as a result of handling these issues on a regular basis in collaboration with local family lawyers across the country.
Fault-based divorces have fallen into ill favor and disrepute in most jurisdictions in the United States, thus reflecting the changing social attitudes toward gender roles. As a result, many jurisdictions have adopted 'no-fault' grounds for divorce, making divorce a generally less acrimonious event. But jurisdictions across the United States have maintained a split in how they have handled the concept of fault and alimony determinations. Currently, only 20 states do not consider the concept of fault or marital misconduct when making alimony determinations. Contrary to same, 22 states continue to allow consideration of fault when determining alimony awards.
An ex-wife who was awarded all of the martial assets in a bitter divorce was nevertheless unable to take possession of those assets because they were part of the ex-husband's bankruptcy estate. A federal appeals panel so held, reasoning that because the matrimonial judgment was docketed after the filing of the Chapter 7 petition, the marital assets remained part of the bankruptcy estate subject to distribution by the bankruptcy court.
Just in case the transaction you've just documented using your standard lease forms is not a 'lease,' you've included a granting clause in the form and filed UCC 'notice' filings. So, you've protected the lessor from a re-characterization risk (<i>i.e.,</i> that the transaction is deemed not to create a 'lease' under commercial law) — right? Well, maybe not.
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