Health and Welfare Powers of Attorney

A Power of Attorney is a document that allows you to nominate another person to assist you in some capacity. It empowers that individual and gives them a legal standing in your stead.

In England there are three different types of Power of Attorney, General, Lasting for Finances and Lasting for Health and Welfare.

In a nutshell a General Power of Attorney is for people who retain mental capacity, meaning you still have your mental faculties, but are incapacitated through another means, such as going abroad or being in hospital for an extended period. The General Power of Attorney could empower another individual to manage your finances while you are unable, or to manage your business, it's a very flexible document and can be drafted to cover most eventualities.

A Lasting Power of Attorney, either for Finances or Health and Welfare is to be used when you lose your mental capacity, either through dementia, accident or injury. It allows your nominated attorneys to manage your affairs for you when you are no longer capable of making decisions.

This article will focus on the Lasting Power for Health and Welfare.

In a Nutshell

This document is different to the financial Power, as it focuses on the wellbeing of the donor, the person who made the Power. There is a great deal of responsibility for the nominated attorney, so you must make sure that you nominate someone you trust and who is able to make these kinds of decisions on your behalf.

What Decisions can the Attorney Make

The nominated attorney will make very personal decisions regarding your care and wellbeing, including but not limited to: -

Your daily routine, such as washing, dressing and eating
Your medical care
Where you might live if it becomes necessary for you to move out of your home
They will also be able to approach the person you have nominated to take care of your finances (unless they are the same person) and ask for funds to maintain or improve your current quality of life. They are permitted to spend money in this manner provided it is for your benefit. Examples of what they can purchase include but are not limited to: -
New clothes for you
Self-care for you, such as hairdressing, or spa treatments
Decorating or improving your home or room in a care home
Additional support, such as carers to help you improve your lifestyle and go out more, for example to visit friends or relatives or to go on holiday
Decisions Regarding Hospital Treatment
They might (it is up to you) also have power to make decisions regarding hospital treatment. This can include requesting certain treatments or refusing other treatments. However, not all attorneys will have this level of power, it is up to you, the donor, to state if you wish them to have the power to make these decisions.

You do not have to give your attorneys this level of responsibility, you could draft a living will that expresses your wishes as an alternative.

A Living Will

A Living Will is a legal statement from you, the donor, regarding which medical treatments you either want or don't want.

Restrictions on What Attorneys Can and Cannot Do

Making a Lasting Power of Attorney for Health and Welfare can be a daunting experience, it can be worrying to give someone else a level of responsibility over your affairs.

However, you should be reassured that attorneys cannot simply take the power given to them and run with it, there are restrictions on what they can and cannot do. These restrictions come from two places, the Court of Protection and you.

The Court of Protection is in place to prevent attorneys taking advantage of vulnerable people. They regulate attorneys and act if one acts in such a way that it hurts the donor or is not in their best interest.

You have the power to restrict your attorneys through the Lasting Power of Attorney document. You can list the types of responsibility you want the attorneys to have or not have, as the case may be. For example, if you want your attorneys to be able to make decisions for you regarding clothing and day-to-day care but not on where you live, then you can list this on the document and the attorneys will have no say in where you live should you need to move out of your current home.

You can also provide guidance on how you want decisions on your behalf to be made. If you have nominated more than one attorney you can have them act jointly, where they all must agree or severally where they can make decisions individually. Or you can place restrictions stating that they can make decisions as individuals for somethings, but must all agree for others. An example being,

Bob and Margaret are Attorneys for their Mum Janet. Bob lives with Janet and makes many decisions such as what clothes Janet will wear and what they will eat that day. Bob is going away on a business trip for a couple of weeks and Janet needs to go into a hospital for respite care while Bob is away. Under the Power of Attorney that Janet set up Bob and Margaret must both agree which hospital would be best for Janet to stay in. Bob cannot make this decision alone.

Conclusion

Health and Welfare Powers are important and allow you to nominate people you trust to help take care of you should you ever need it. They are only used when mental capacity is lost and allow the attorneys to make decisions regarding the physical and mental wellbeing of the donor. There are many restrictions on how these attorneys can act, some put in place and enforced by the Court of Protection, others can be put in place by the Donor.

Need more information? Check out the link below!

http://www.lawcat.uk

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Tips on Advertising for Phones Audience

What can a lawyer do nowadays to stay in front of clients and brand themselves as leaders of the pack? Simple, stay in front of the thing clients use the most, phones.

There has been a trend with mobile devices over the last decade, mainly that they have become ubiquitous. Not only are most of the searches online happening through mobile devices (58%), but the majority of the adult world (one-third of the world population to be exact) owns and operates a cell phone. That means that if you want to stay in front of clients there's something even greater than a billboard or park bench. It's a phone.

Trade shows have caught on and booths have begun handing out products like Screen Cleaner Stickers that stick to the back of a phone and contain a custom logo or message. These trend setters caught on quickly that the best place to be is on the backs of phones through something like a screen cleaner or something like a Custom Phone Wallet.

Why do these products work?

People check their phones hundreds of times a day. Literally, studies have shone that people check their phones almost two hundred times a day. That means that if you put a logo or message on the back of a phone, it gets flashed around a couple hundred times a day for all to see.

The product's are useful. Let's take a screen cleaner that adheres to the back of your phone. How many times have you used your pants? Exactly. Using a little microfiber cloth is preferable for the vast majority of people. These cleaners have your logo on them and will not only remind your client, but pique the curiosity of all those around.

These products are unique. Considering how many people have phones, probably everybody you know, this product is very unique. I remember the first time I saw one and literally had to stop someone and inquire about what they had on their phone. Not only do I remember the logo I saw that day, but the name of the business. Something unique stands out more and spreads your message in a far more memorable way.

So, lawyers out there, turn your client's phones into walking billboards that will adhere and spread your message for at least a year. This is a far more cost-effective way to market your practice than an expensive billboard.

Pristine Screens offers FREE Samples of their screen cleaners so you can see the power of the product risk free.

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Find Discreet Detective Agency Online

People call upon private detective agencies for a number of reasons: to prove or disprove their partner's infidelity; gather evidence for a court case or divorce; locate a missing person; perform background checks on prospective employees or to investigate fraud and other improprieties.

Personal investigators are usually highly motivated individuals with specialist training that enables them to handle sensitive situations with discretion and professionalism. They are sometimes ex-policeman or security personnel so will possess both understanding and experience of investigative work.

What's more, these agencies often have access to the most state-of-the-art, high-tech surveillance technology that will provide you with watertight evidence you can use in court, or to inform your personal relationships.

Results will normally be presented to you in the form of photographic and video evidence along with a comprehensive written report. Private detective agencies are required to abide by strict privacy policies, so you'll know that all of your information is being handled sensitively and confidentially.

If you think you should hire a private investigator - whether for a personal or business matter - you will need to find a detective service operating in your local area. Spend a bit of time researching your options online before calling to make your enquiry, as you'll want to make sure you're dealing with a professional, established company.

The agency's website should give you some information about the background of the private investigators working there and how long they have been in the business, but the best way to scope out the company properly is to visit them in person. Many will advertise their address online, whereas others may not - so you may need to e-mail or phone first.

Bear in mind that when you make contact, you should be able to speak directly with an investigator in the strictest confidence. You can also send an e-mail if you prefer. When you have explained your situation, the agency will probably invite you in for a full consultation and to explain their recommended process to you in person.

If you're looking for surveillance services, you will need to decide whether you want to rely on private surveillance (using covert vehicle tracking devices or computer tracking) or manned surveillance. Manned surveillance operations can be extremely effective in gaining proof of individual activity in a number of situations.

Some manned operations will take place on foot or in vehicles, whereas others may deploy whole teams to cover all bases: buildings, public transport systems and taxis, for example. Private detectives are trained to undertake these covert operations so will be able to advise you which approach is the most appropriate for your case.

If you're trying to locate someone, whether an estranged loved-one or a debtor, private detective agencies employ highly experienced, professional researchers who will locate the individual and then provide you with an address. They should operate on a 'no trace, no fee' basis. The service typically takes 24-48 hours so is ideal for a time-sensitive matter.

Most investigators should offer you a free consultation, but you will need to be upfront about your budget and ask how much the service is likely to cost. When possible, request a written quote before the service begins so that you don't suddenly find yourself liable to pay for hidden charges or extra services that weren't discussed beforehand.

So, while searching online for a detective agency is a good place to start, you will often need to meet with your investigators face to face in order to begin the service. Look out for an agency based in your local area or one that you can easily travel to.

Specialist PI is a UK based private detective agency operating predominantly in London, Oxford and Hertfordshire. With a team of ex-police detectives, the agency provides its clients the utmost discretion and sensitivity, whilst insuring results with a proven track record of success. SPI are becoming the UK's most successful underground detective service, able to undertake all kinds of detective and investigative work, including corporate fraud investigations, people searches, background checks, divorce and matrimonial cases, vehicle tracking services and covert surveillance. SPI enable their clients to speak in complete confidence, offering a professional no trace no fee service.

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Private Investigator for Improving Retails

If you're the manager or owner of a retail company, you'll know how important the customer-facing role of a shop assistant can be. When it comes to your customers, interaction with your staff could make or break their first impression of your business - and a good first impression could secure future visits.

In any business, building meaningful relationships with clients is what will set you apart from your competitors and enable you to deliver a memorable service. But when that service is memorable for all the wrong reasons, that impact on your customer could be detrimental to the success of your business as a whole.

The saying goes: a customer who has had a good experience will tell one person, whereas a customer who's had a bad one will tell ten. This may be a generalisation, but there is truth behind the statement. The power of reputation is undeniable, and with complaint platforms more accessible than ever, yours could make or break your business.

If you have multiple staff in your employ, it may be difficult for you to keep track of how they are all performing - especially if you own multiple retail outlets. Even with a manager in house, you can't always trust someone else to share your personal vision of how your company should deliver customer service.

This is why many business owners and managers enlist the help of so-called 'mystery shoppers' to allow them to see how their employees perform when they are not around. A mystery shopper can provide you with a full report of their experience as a 'customer' in your retail outlet, as well as the performance of individual employees.

Mystery shopping services are also delivered by private investigators that will go above and beyond to provide you with proof of their experience in store. This may come in the form of photographic or DVD evidence, or both, along with a comprehensive written report of their findings.

The reason many professional business owners opt for private investigators to keep an eye on their staff is that they are highly experienced in covert surveillance, so are discreet and will appear natural. They are also able to offer high-tech equipment, which will provide you with watertight evidence of your employees' behavior.

The service can prove especially useful if you suspect an employee of breaking the terms of their contract or of stealing from the business. A personal investigator could provide you with enough evidence to follow through with disciplinary action.

Mystery shopping can also be incredibly valuable for staff training, showing your retail environment in action. You will be able to help employees to see where they are excelling in their performance, and where they may need to improve.

Some private investigators can also conduct test purchases on behalf of business owners to establish evidence of brand infringement or the sale of counterfeit goods. Many PIs perform these services at trade shows, markets and retail outlets in order to obtain evidence of wrongdoing.

If you're interested in enlisting the help of a private investigator, start by searching online to find a private detective agency in your area. You will need to make sure that the company offers some sort of mystery shopping service, so call to speak to an adviser if you can't see this service listed on their website.

Before committing to anything, be sure to read through the company's privacy policy and terms and conditions. You will want to make sure that your information is handled in the strictest confidence. It's best to discuss your concerns with an adviser to gain insight into how private investigators operate.

Specialist PI is a UK based private detective agency operating predominantly in London, Oxford and Hertfordshire. With a team of ex-police detectives, the agency provides its clients the utmost discretion and sensitivity, whilst insuring results with a proven track record of success. SPI are becoming the UK's most successful underground detective service, able to undertake all kinds of detective and investigative work, including corporate fraud investigations, people searches, background checks, divorce and matrimonial cases, vehicle tracking services and covert surveillance. SPI enable their clients to speak in complete confidence, offering a professional no trace no fee service.Visit 

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Tips on Communicating With Clients

Communicating with clients and colleagues used to be a simple matter. All you needed was a phone and some stationery. Today you need something more: flexibility.

Some people respond best to e-mail. Others like the human touch of a phone call. Younger clients prefer the laser efficiency and instant gratification of texting. Others still - such as co-workers - may respond quickest to a note left on their chair.

One person's best method of communication is another person's worst. Knowing which method to use in a given situation is an art and a science I find fascinating.

In the past, I've written about how technology changed the legal industry: The paradigm shifts of digital marketing, virtual law firms, e-discovery, outsourcing and so on.

But the biggest change of all is in day-to-day communication with clients, prospects and friends. This basic communication is the lifeblood of our industry. And it has changed profoundly.

Don't take my word for it. Look at highlights from a study by Mary Tellis-Nayak of the National Research Corporation and NRC Health.

In just four years, we've seen major changes in the way we communicate.

Text messaging is on the rise. Texting is the preferred channel for the under-45 crowd. If you want to reach that age cohort and get a quick answer, texting might be the way to go.
Cellphone use skews older. People over 45 talk on cellphones more than their younger counterparts. Cellphone use increases between ages 45 and 74.
Home phones preferred for 75-plus. Many people younger than 45 don't even have a landline. Those who do often see it as an emergency line. But many older clients need to be at home to be reached. Your best bet may be calling in the early morning or early evening.
Everyone's going social. Online chat via Facebook is popular with 25- to 34-year-olds. Seventy-four percent of online consumers use social media websites. Facebook Messenger is a viable channel for private, two-way communication. Plus, many communities have members-only groups where peers rely on each other for info. Getting in on these conversations is a smart move.
Inboxes are out. E-mail usage is down 11 percent in four years. Don't expect anyone to be as focused on their e-mail accounts as they used to be. Ever notice that many people you send e-mails to don't read to the bottom? Me too. They miss out on important info. Make sure subject lines are crystal clear and that messages are simple and concise with the important stuff up top. I highlight any info or directions that require immediate action on the reader's part.
One person's best method of communication is another person's worst.
None of the above should come as a huge surprise. What's interesting to me though is how the legal profession as a whole historically has been slow to adapt to the communication and technology trends that we all intuitively know to be true.

I've written about how lawyers can be set in our ways, and how that's not always a bad thing. (Formal dress being one example that still has tremendous benefits in given circumstances.)

But being slow to adapt to communication trends can be detrimental to your practice. Do you recognize and meet the communication needs of each individual client? We're in a service business. Good service means knowing when to customize our approach to each client.

Here are just a few signs that you might need to choose your communication methods more carefully:

Do you find yourself dashing off an e-mail out of convenience to avoid taking the time to chat with a client who needs back-and-forth communication to get to the bottom of their concerns?

Do you text someone who you know prefers e-mail?

Are you still only using phone calls or snail-mail, and not current methods?

In the legal industry, we have pressing deadlines and need to reach clients and opposing counsel ASAP. It's crucial to be conversant with all channels of communication.

Knowing which method to use given the person and situation is key. Your clients will be happy. And you'll get your job done in a more efficient way with less stress.

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