Glossary

Helping Clients Navigate Difficult Situations. The Law Office of Erin Bradbury.

Elder Law is the legal practice of counseling and representing older persons and persons with special needs, and their representatives about the legal aspects of health and long-term care planning, public benefits, surrogate decision making, legal capacity, the conservation, disposition and administration of estates and the implementation of their decisions concerning such matters, giving due consideration to the applicable tax consequences of the action, or the need for more sophisticated tax expertise.”

Business law is the body of laws that govern how business organizations and business entities are established, run, and managed. The same is true of a sole proprietorship. Ideally, all commercial matters, business decisions, business transactions, business debts, employee rights, state laws, contract drafting, regulatory compliance, limited liability, mercantile law, and any other legal requirements should be overseen by a qualified business lawyer. It is vital that a corporate entity follows all local laws, state laws, and federal laws.

Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations. Some cases go to trial in which a judge will determine the outcome, but not all will. There are many different types of civil litigation. This type of dispute may arise over:
  • Product liability
  • Construction liability
  • Medical malpractice
  • Personal injury
  • Real estate disputes
  • Workers' compensation claims
  • Divorce
  • Intellectual property disputes
  • Anti-trust litigation
  • Landlord/Tenant disputes

  • In the broadest sense, civil litigation is any legal proceeding that does not involve criminal charges or penalties.

    Probate is a court-supervised proceeding that authenticates your Will (if you have one) and approves your named Executor so he or she can distribute your property and belongings. During the probate process, all your assets must be located and assessed for total value. Once that is done, taxes and debts are paid and the remaining value of the estate is distributed.
    In cases where there is no Will (meaning your estate is intestate), this process obviously becomes more complicated. Because there is no documentation stating your final wishes, it is up to the courts to handle proceedings and make all decisions for you. Unless you properly plan, your estate will go through the probate process.
    That said, the process is greatly simplified, or potentially even totally avoided, when you have a solid Estate Plan in place. The more planning you do now, the easier it will be on your loved ones after you pass. One way to lessen the burden and headache of probate, or even avoid it altogether, is by creating a Trust. Any assets you place into your Trust will bypass probate. It’s easiest to think about probate as a supervised process that ensures the proper Beneficiaries receive the appropriate titles and assets from your estate. In cases where no Will or Trust is present, it is the court’s job to appoint someone to represent your estate. This Personal Representative will handle all the things an Executor would if a Will had been present. Some assets and property in an estate will always go through probate, while others (like those in a Trust) will not.

    Guardianship Guardianship, also, referred to as conservatorship, is a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or are unavailable.

    A conservatorship grants legal authority to an individual over an incompetent or incapacitated adult’s affairs. The scope of the authority granted depends on the type of conservatorship. There are two primary categories of conservatorships, a Lanterman-Petris-Short (LPS) conservatorship and a probate (also known as limited) conservatorship, the latter of which is typically divided into two types of conservatorship: Conservators of the Estate and Conservators of the Person. Conservators of the Estate grant legal authority over an individual’s fiscal affairs, while Conservators of the Person relate to the individual’s food, lodging, healthcare, clothing, and other such matters. A conservator is a guardian, and a conservatee is an individual under their care.

    A Last Will and Testament, commonly known as a will, is a legal document used in estate planning that contains instructions for distributing wealth and caring for minor children after the testator's death.
    A will must be duly signed, notarized, and updated. In the event of death without a valid will, the state will determine how assets will be distributed based on the governing laws.
    It is essential to have a will in place so your family is not confused about what you would have wanted.
    It also gives you peace of mind knowing that your affairs are in order and that your final wishes will be fulfilled.
    An estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person.

    A healthcare proxy allows someone to act for you and make medical decisions if you are not able to. It also allows someone to speak to your doctors and get medical records for you. When someone with an intellectual or developmental disability, turns 18 they are a legal adult. If they are under a guardianship, the guardian can make healthcare decisions for them and access their medical records. It is not always necessary for someone with special needs to be under our guardianship. If they are not under a guardianship, they should issue a healthcare proxy to whoever they would like us to assist them with healthcare decisions. This will allow their healthcare proxy to access their medical records as well as have conversations with their doctors. It is important for everyone who is an adult to have a healthcare proxy. This insurance that someone else can access your medical records, and if you are unable to make medical decisions can make medical decisions for you. Without the healthcare proxy, it would require a court order to get these decisions made.

    A power of attorney names a person who can act on your behalf; this person is called your “agent” or “attorney-in-fact.” Before you create a power of attorney, you should know your options and which ones your home state allows.
    • Specific powers of attorney limit your agent to handling only certain tasks, like paying bills or selling a house, and generally on a temporary basis.
    • General powers of attorney give your agent broad authority. They can step into your shoes and handle all your legal and financial affairs.
    • With these documents, that authority can end at the time you become incapacitated.
    • Durable powers of attorney may be limited or give your agent broad authority to handle all your legal and financial affairs, but your agent keeps the authority even if you become physically or mentally incapacitated. This means that your family may not have to ask for a court to intervene if you have a medical crisis or have severe cognitive decline such as late-stage dementia.

    Sometimes, medical decision-making is included in a durable power of attorney for health care. This may be addressed in a separate document that is solely for health care, like a health care surrogate designation.

    Collection To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To collect a debt or claim is to obtain payment or liquidation of it, either by personal solicitation or legal proceedings.

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