Upload
paralegal-rainmakers
View
1.124
Download
0
Embed Size (px)
DESCRIPTION
Monthly newsletter of Paralegal Rainmakers
Citation preview
Holiday Stress Busters
The holiday season is usually the most joyful time of the year, it brings together family, friends,
and food in celebration of various religious and cultural holidays, but it can also bring with it a
great deal of stress. Although, the stress that is associated with planning vacations, arranging
schedules and coming up with the finances to purchase gifts seems to be inevitable, with the
appropriate amount of planning and creativity you can make it through this holiday season
without the usual stress that accompanies it. In planning for a less stressful holiday there are
several key areas that should be addressed in order to successfully navigate through the sea-
son: 1) Dealing with work schedules 2) Budgeting for holiday spending and 3) Dividing time
with in-laws and ex-spouses. Although, there are definitely other issues that can cause holiday
related stress these are the one’s that cause the greatest amount of stress and are the one’s
that can be managed with the proper planning.
All of these areas create a great deal of stress and anxiety on their own but when coupled to-
gether the holiday’s can quickly become a dreaded occasion. In order to plan for them effec-
tively it is important to address them before issues arise. Following are some suggestions on
how to manage these areas effectively so your holiday season is a joyful occasion and not a
stressful one. (Cont’d on page 3)
Family Issue
Holiday Stress Busters P.1 Alzheimer’s & Elder Abuse: P.2
Paralegal Volunteerism P.3 Upcoming Events P.4
FAMILY LAW NEWS
Family Conflict: Can I Sue my Spouse
for Injuring Me
Elder Law Notes: Medicare open
enrollment offers opportunity for
beneficial changes
San Francisco Family Law Attorneys
of Heath Newton LLP Offer
Important Tips on Grandparents
Visitation Rights
Paralegal Rainmakers News
Registration is now open for the
winter session for Rainmakers
Virtual College. Access career
resources, network, and earn CLE
credits on-line by attending live
webinars on the following topics:
Tax & Accounting Essentials
eDiscovery
And More
Visit www.rainmakerscollege.com
for more information.
Paralegal Rainmakers Digest Monthly Newsletter of Paralegal Rainmakers
November 2012 Volume 1 Issue 3
Elder Abuse: Protecting the Vulnerable After October ends and National Domestic
Violence Awareness month is over the issues
surrounding abuse and those that it effects
may be forgotten. As our country embarks
on Alzheimer’s Awareness month it is im-
portant to keep this issue at the forefront
because of those that may go unrecognized
because of their mental impairment and age.
Elder Abuse can take many forms from the
typical physical violence that usually accom-
panies abuse, but it can also take the form
of financial and emotional abuse by family
members and caregivers that may be frus-
trated with the responsibility of taking care
of an ailing parent or the deteriorating men-
tal faculties of the person they are caring for.
Elder Abuse can go undetected because of
the inability of the person to seek out assis-
tance and their dependence on the family
member or caregiver.
Legal Professionals are in a unique position
to detect elder abuse when drawing up wills,
trusts, power of attorneys and other legal
documents. Elder Abuse in legal matters
usually takes the form of a caregiver or fami-
ly member being adamant on deeming the
elderly person incompetent in order to be
given a power of attorney to take control of
the finances of the person that they are
providing care for. Elder Abuse is a serious
issue and may seem to be undetectable but
there are red flags that legal professionals
should take the responsibility of detecting.
Avoiding an Invalid Will
Alzheimer’s Resources &
Fact Sheets
Alzheimer’s Disease Fact Sheet
Connect with a Social Worker
Alzheimer’s Caregiving tips
Federal government resources
Legal & Financial Resource List
Assisting employees with Alzhei-
mer’s
How to Contest a Will Due to Alzhei-
mer’s
Alzheimer’s and Medicare:
What’s Covered
1. Inpatient hospital care
2. Some doctors fees and other
medical items
3. Up to 100 days of skilled nursing
home care in certain circum-
stances
4. In home hospice care, nursing
facility, or inpatient hospice
facility for people with demen-
tia who have been determined
to be at the end of their lives by
a doctor.
When one creates a will the assumption may be made that upon their passing their
assets will be distributed based on their wishes spelled out in their will, but this is not
always the case. An unsatisfied family member may contest a will on the following
grounds:
1. Mental capacity
2. Coercion
3. Fraud
4. Improper Execution
To ensure that a will is not determined to be invalid it is important to refer to the appli-
cable state laws and ensure that the person creating the will is not being coerced by
being cognizant of the warning signs of elder abuse and other issues.
Paralegal Volunteerism
This month’s paralegal spotlight is dedicated to all the paralegals that work as CASA volunteers. CASA stands for Court Appointed Special Advocates. A person does not have to be an attorney or a social worker to become a CASA volun-teer. A CASA volunteer works with children during court proceedings who have been abused or neglect-ed. CASA is a national organization that provides volunteers to chil-dren that have been removed from their homes due to abuse and ne-glect. According to CASA there are approximately 600,000 children that go through the foster care system in the United States. Alt-hough, there are numerous individ-uals that sacrifice their time and skills to assist these children there still is a need for more volunteers.
To become a CASA volunteer a per-son will need to meet the following criteria:
1. Be at least 21 years old
2. Pass a background check
3. Complete 30 hours of training
4. Be available for court appear-ances
5. Commit to the CASA program until their fist case is closed
If you are interested in becoming a CASA volunteer please visit their website www.casaforchildren.org or call 800-628-3233.
In the corporate world employees demon-
strate their commitment to the community
by getting involved in organizations and
causes that have a need for volunteers.
Lawyers also demonstrate their commitment
to the community and legal profession by
volunteering or getting involved with what
the legal field has termed pro bono work.
Although, attorneys in some states do this in
order to stay in compliance with the require-
ments of their state bar some do so because
they want to provide their legal expertise to
those that would otherwise go without the
assistance of an attorney. Since paralegals
do no report to a regulating body and law
firms are not usually judged by how socially
responsible they are paralegals may over-
look this important area of their careers.
Some paralegals may also not be aware that
there are areas that they can provide their
legal expertise in without violating their ethi-
cal obligations of not giving legal advice.
According to the National Federation of
Paralegal Associations (NFPA) “Paralegals
can benefit the community, the private bar,
the judiciary, and the paralegal profession by
volunteering of their time, abilities, and skills
as trained legal professionals”. The NFPA
asks that members commit to a minimum
amount of pro bono activities annually.
Although, the National Association of Legal
Assistants (NALA) does not require their
members to commit to a minimum amount
of pro bono work they encourage their
members to participate in pro bono activities
in order to assist low-income and under-
served individuals. A commitment to the
legal field goes beyond becoming an expert
in a given field but also includes a commit-
ment to the legal community as a whole.
Participating in pro bono activities is a great
way to demonstrate this commitment.
Holiday Stress Busters
(Cont’d from page 1)
We all look forward to taking time off from
work during the holidays to spend time with
friends and family, but we don’t look for-
ward to the emails, mail, and other matters
that are waiting when the holiday festivities
end. In order, to avoid this situation it is
important to deal with work schedules in
advance whether that means requesting
time off, determining who will handle cer-
tain tasks while you are away from the
office, swapping schedules with another co-
worker, or working ahead so that when you
return to the office you’re not swamped
with a back load of work.
Another way to reduce holiday stress is cre-
ating and sticking to a holiday budget. This
may be one of the most difficult areas to
deal with especially if you have children, but
is one that can cause the greatest amount of
stress because of the after effects of dealing
with debt and other financial issues.
Dividing time with in-laws and ex-spouses
can also cause a great deal of stress. It is
especially difficult when you and your in-
laws, your spouse and your parents, or you
and your ex are not on favorable terms. The
first inclination in this situation may be to
avoid or spend the least amount of time
with them, but this usually leads to disagree-
ments with a spouse or children. One solu-
tion to this situation is to focus on some-
thing positive. For example, focusing on the
great pie or cake your mother in-law makes
or seeing the cheer in your spouse’s or
child’s face when they spend time with their
parent(s). Eliminating all holiday stress is
impossible but managing it is doable and can
bring the joy back to the holiday season.
Lending a Helping Hand
Paralegal Rainmakers Spotlight
CASA Volunteers
Various Dates: Walk to End Alzheimer’s
More information available: http://act.alz.org/site/PageServer?pagename=walk_homepage
Alzheimer’s Association
December 4, 2012 Medicaid & Elder Law: Representing Clients in a New Legal Landscape
More information available: http://www.lorman.com/seminars/390458
Lorman Education Services
November 21, 2012 Effective Communication for Legal Professionals
More information available http://www.prainmakers.com/Training-Topics.html
Paralegal Rainmakers
Upcoming Events
Paralegal Rainmakers
9175 Judicial Drive
San Diego, CA 92122
888-734-5554 ph
[email protected] email
www.prainmakers.com