IDENTITY THEFT - DON'T LET IT HAPPEN TO YOU

Have you been the victim of identity theft?  Do you know what identity theft really is and how it can affect you?  It happens to people just like you every day.  Don't let it happen to you!

Identity theft is the unauthorized use of someone’s personal data (like social security numbers, passports or driver’s license) for unlawful purposes, such as to obtain credit cards or credit loans.

Identity theft strikes 8.3 million Americans each year and costs businesses and consumers billions of dollars.

Identity theft can occur from your trash, stolen purses or wallets, or the “skimming” or taking of encoded information directly from your credit cards or your credit card receipts.

And watch out for "phishing"!  Phishing is the use of misleading e-mails and fraudulent websites to trick users into revealing personal financial data online.  Never give your personal financial information out on the web unless you know and trust the website.  This is the fastest growing area of identity theft.

If you fall victim to identity theft:

• Contact the credit 3 big credit agencies and put a fraud alert on your credit report
• File a police report immediately
• File a complaint with the federal trade commission and fill out an ID theft affidavit and send it by certified mail to all businesses where any new account was opened

Report fraud right away - don't wait!  And request a free copy of your credit report each year.


I’m attorney Eric Rudolph at (760) 702-4046 and at EARattorney@gmail.com with Your Legal Buzz.

And please visit my website at www.RudolphLegal.com and my Facebook page at https://www.facebook.com/RudolphLegal.

WHAT TO DO RIGHT AFTER A CAR ACCIDENT

Have you been injured in a car accident as a driver or passenger through no fault of your own? There are several important things you need to do right after a car accident to protect your rights.

• Take pictures at the scene! It is very important that you to take pictures at the scene of the accident.  These pictures can be very helpful to prove your case.  

• Report ALL your injuries to first-responders and emergency personnel.  It is extremely important that all injuries suffered as a result of the accident are well-documented.  Report all symptoms, such as: headaches, dizziness, blurred vision, loss of consciousness, or neck, back or shoulder pain.

• Seek medical treatment right away.  Even if you feel your injuries are only minor right after your accident, see your doctor right away.  Many injuries that at first appear to be minor can later cause significant long-lasting pain.  

• Never give any written or recorded statements to an insurance adjuster or sign anything from an insurance company, especially a release.  Never give any “statements” of any kind to an insurance adjuster or anyone besides the investigating officer at the scene until you have consulted with an attorney.  

• It is important to notify YOUR insurance company immediately of the accident.  It is ok to tell them you have been in an accident, but keep it short until you have talked to an attorney.

• Keep good records of your injuries, treatment, medication and out-of-pocket expenses.  

• Obtain a copy of your police report.

Recovering from a car accident can be a very upsetting and confusing experience. After you've been in a car accident, talk to an experienced personal injury attorney.


I’m attorney Eric Rudolph at (760) 702-4046 and at EARattorney@gmail.com with Your Legal Buzz.

And please visit my website at www.RudolphLegal.com and my Facebook page at https://www.facebook.com/RudolphLegal.

BICYCLE RIDING SAFETY

Do you enjoy riding your bicycle on the streets?  Does your child enjoy riding his or her bicycle, skateboard or scooter on the streets?  If so, there are traffic laws that must be followed just like if you’re driving a car.

Bicycle riders—adults and children alike—must abide by the traffic laws that apply to motorists. Bicyclists must stop at stop signs and red lights, ride on the proper side of the street and give the right-of-way to all pedestrians.  Also, some California communities have local ordinances that prohibit bike riding on sidewalks in certain areas, such as business districts. And bicycle riders under the age of 18 must wear bicycle helmets and must, if riding at night, have a bike equipped with a front light, red rear reflector, pedal reflectors and side reflectors or reflectorized tires. Wearing a radio headset is prohibited while riding a bike at all times. It is against the law to ride on someone’s bicycle handlebars or center frame bar, or over the bike’s rear tire.

There are also laws that apply to those who use skateboards, skates and scooters. Cities and counties have laws regulating the places where your child may skate and the equipment that must be worn by skaters within these designated areas. Helmets, elbow pads and knee pads must, by state law, be worn at skateboard parks.

It is against the law to hold onto a moving vehicle while on a bike, skates or a skateboard. If your child violates any of these laws, he or she may be stopped by a police officer, cited and sent to juvenile traffic court, so talk to your children about following these laws. In addition, children under age 18 must wear a bicycle helmet while riding a scooter (motorized or non-motorized). And minors must be at least 16 years old and have a valid driver’s license or instruction permit to legally operate a motorized scooter, and may not operate such scooters on sidewalks or on highways that have speed limits greater than 25 mph.

I’m attorney Eric Rudolph at (760) 702-4046 and at EARattorney@gmail.com with Your Legal Buzz.

And please visit my website at www.RudolphLegal.com and my Facebook page at https://www.facebook.com/RudolphLegal.

YOUR DURABLE POWER OF ATTORNEY – WHAT YOU NEED TO KNOW

What is a Durable Power of Attorney?

A durable power of attorney allows you to manage your property and financial affairs in the event that you become disabled or incapacitated. Unless you have a properly drafted power of attorney, when you become incapacitated or disabled, it may be necessary to go to court and have a guardian or conservator appointed to make decisions for you.  This conservatorship process is usually lengthy and expensive as well as being emotionally draining.

There are two types of durable powers of attorney you should know about: one, a "present" durable power of attorney in which the power is effective immediately; and two, a "springing" or future durable power of attorney that only comes into effect upon your subsequent disability or incapacity as determined by your doctor.  If you become incapacitated and are unable to make decisions, the person you have listed to act on your behalf would have the authority to deal directly with third-party financial institutions such as banks.

A durable power of attorney generally has to be signed and notarized and says that it shall be “durable,” which means it will continue in effect after you become incapacitated. It terminates at your death or at any time you specify. You can also cancel it at any time while you are competent. A durable power of attorney’s flexibility is one of its main advantages. You can limit the authority of the agent in the document, giving him or her as many or as few powers over your property and financial affairs as you wish.    

Who can establish a Durable Power of Attorney?

Generally, any individual over the age of majority and who is legally competent can establish a power of attorney.  Every person of legal age and competency should have one.

Who may act as your Attorney-in-Fact under your Durable Power of Attorney?

When you appoint another individual to make financial decisions on your behalf, that individual is called your "attorney-in-fact."  Most people chose their spouse, domestic partner or adult child as their attorney-in-fact, but a trusted family member, friend or professional colleague may also be a good choice.  The person you chose should be someone who is capable of handling your financial affairs and someone you trust.  Your attorney-in-fact may be anyone who is legally competent and over the age of majority.  You may also appoint more than one attorney-in-fact to serve either simultaneously or separately.  Appointing more than one attorney-in-fact to serve simultaneously can be problematic because if any one of them is unavailable, important financial action may be delayed.  Confusion and disagreement between co-attorneys-in-fact can also be another cause of problems.  Therefore, it is usually more sensible to appoint one individual as the primary attorney-in-fact and nominate additional individuals to serve as alternate attorney-in-fact  if your first choice is unwilling or unable to serve.

Creating a durable power of attorney assures that your wishes regarding your financial affairs are carried out exactly as you want them, allows you to decide who will make financial decisions for you, and can be effective immediately or upon your subsequent incapacity or disability.

For more information on preparing your Durable Power of Attorney, and  establishing your comprehensive estate plan, contact an experienced estate planning attorney.

I’m attorney Eric Rudolph at (760) 702-4046 and at EARattorney@gmail.com with Your Legal Buzz.

And please visit my website at www.RudolphLegal.com and my Facebook page at https://www.facebook.com/RudolphLegal.