ADVANCE HEALTH CARE DIRECTIVES - WHAT YOU NEED TO KNOW

An Advance Health Care Directive allows you to make health care decisions for yourself and let those wishes be known when and if you are incapacitated and unable to communicate your wishes.

A "Living Will" and "Power of Attorney for Health Care" are similar documents used in other states, but in California, the Advance Health Care Directive (“AHCD”) is the estate planning document that is used to let your wishes regarding medical decisions be known.

One of the most important aspects of an AHCD includes the power to designate an agent to both enforce the decisions you have already made in your AHCD and to make decisions regarding health care options for anything you did not already decide.  Once you designate an agent in your AHCD it gives this person the power and ability to decide, on your behalf, various health care related choices. Your agent can be a spouse, child, a family member, or a friend.  To avoid conflict-of-interest issues, the agent you select cannot be a medical care provider, operator of a community or neighborhood care facility, operator of a care facility for the elderly, or in most cases, any employee of any of these facilities.

The agent you appoint, will have the legal authority to instruct medical providers about your medical care if you are unconscious or unable to give these instructions yourself. Your agent is legally bound to carry out your wishes, as put forth in your AHCD.  If you at some point become incapacitated, your agent's authority overrides others' and this person will decide on your behalf various treatment options, as spelled out in your AHCD. You may limit your agent's authority when you complete your AHCD or give him or her complete authority to make all healthcare decisions for you.

You should also designate one or two alternate agents for your healthcare decisions in the event your primary choice is unable or unwilling to act when the time comes that they need to instruct others on your help care decisions or make these difficult decisions for you.

It is important when choosing an agent for healthcare decisions that you discuss your designation with them before you select them in your AHCD.  You should make sure the person you selected is trustworthy.  They also need to be capable of handling the difficult task of enforcing your healthcare decisions or making them when necessary.  They should be someone who is geographically close enough to be there to make decisions under short notice if necessary.  And it is also important to discuss with alternate agents that they too have been selected to act in the event your primary choice cannot or will not act.

When you create an AHCD, you decide what you want, including use of life support equipment, donation of body parts, authorization for an autopsy if warranted, and what is to be done with your remains. Your agent simply makes sure your wishes are carried out.  You may also deny these powers of your agent. Health care decisions may also include selection and dismissal of health care providers and institutions, diagnostic test or surgical procedure approval or disapproval, medication programs, and directions to provide, withhold, or withdraw artificial hydration and nutrition and all health care of other forms, including cardiopulmonary resuscitation.

Your AHCD becomes operative when the doctor, or doctors, of your choice designate that you are incapacitated and unable to convey to medical personnel your healthcare decisions for yourself or understand the ramifications of those decisions.  Or an AHCD can become operative right away, giving your agent the immediate power to make your health care decisions.

And remember, your AHCD can be revoked by you at any time. If you do not revoke the AHCD, it will remain effective indefinitely except in the event that a termination date that predates your death was specified in the document.

It’s your body, your decision.  By creating an AHCD you decide what happens to you and you decide who enforces those decisions.  Without an AHCD someone you may not want making your healthcare decisions could be making them for you - and they could be making healthcare decisions about what happens to you that you do not agree with.  Don’t let that happen.  Create an AHCD today!

For more information on preparing Advance Health Care Directives, and your entire comprehensive estate plan, contact an experienced estate planning attorney.

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

NOISY NEIGHBORS - WHAT TO DO

Is your neighbor blasting his stereo at 3 a.m.? Does your neighbor's dog start barking five minutes after she pulls out of her driveway? Noisy neighbors can wreck your sleep and ruin your day. What can you legally do to make it stop?

When it comes to noisy neighbors, retaliation is not the answer. Revenge will only make the situation worse, and probably provoke your neighbor. Resist the temptation to turn your stereo up and fight back. Your neighbor may have no idea how loud her stereo or barking dog may seem to you. So talk to your neighbor about the noise level problem. You should make a specific suggestion for solving the problem. Maybe you and your neighbor can agree no loud stereos past 10 p.m. on weeknights. Or perhaps your neighbor's pet can be kept indoors while she is away, so barking won't disturb others.

If the noise continues, get a copy of your local noise ordinance. Most noise ordinances limit the level of noise and restrict the time when noise can occur. Check with other neighbors to see if they're also disturbed by the noise. If so, they might be happy to join forces to put a stop to the noise.

Put your complaint in writing.  Write a letter to your neighbor, describing the noise problem, and include information about your previous conversation(s) asking the noise be quieted or stopped. Suggest in the letter that if the noise doesn't stop, you'll be forced to call the police or start a lawsuit. Enclose a copy of the noise ordinance with the letter and the signatures of other neighbors who are also affected by the noise. If nothing else works, you should call the police while the noise is occurring. The police may simply warn your neighbor, but later if called again, they will issue a ticket or summons if the noise continues.

If all else fails, you can take your neighbor to small claims court. You'll likely have to prove that the noise is excessive and you'll also need to show the steps you've taken to try to stop the disturbances - here's where copies of your letter to the neighbor can come in handy.

Regardless of the approach you take, the more polite you are, the more likely you'll come to a livable solution to the problem and get along with your neighbor in the future.

I’m attorney Eric Rudolph with your Legal Buzz.

E-MAIL PRIVACY AT WORK

Are the e-mails you send from work private?  Are your internet searches from work private?  Does your employer have a right to look at your personal e-mails sent from work and to monitor the websites you visit?

Assume that you have no e-mail or internet privacy while at work.  Most employers have an "Electronic Media Policy" which gives the employer the right to monitor their employees' email and internet usage.  Do you really want your employer to know your weekend plans or what you did at your friend's party?  Even if your employer does not have the written policy in effect, most courts seem to hold that an employee who uses an employer provided computer or other electronic media device at work does not have the same "expectation of privacy" that they would have in their personal life.

Employees really don't want their employers looking into their personal lives uninvited.  If the employee makes a claim or complaint against their employer, the employer's electronic media policies often allow an employer to go back once they have been sued by an employee and look at the employees old emails and web surfing history to find evidence to use against the employee. This can include emails from the employee to their attorney or other communications that the employee might otherwise have kept private.  This type of "after acquired evidence" is admissible in lawsuits and can severely limit the damages a wrongfully treated employee will receive from their employer.

It is better to not conduct your personal life on the company computer or electronic devices, and do not communicate with your attorney on company email or the company computer, especially if that communication relates to a potential lawsuit against your employer.

I’m attorney Eric Rudolph with Your Legal Buzz.

WHAT TO DO WHEN PULLED OVER BY THE POLICE

How do you deal with a police officer during a routine traffic stop?

A traffic stop can be stressful and scary. This is what you need to know to protect your rights and improve your odds of driving away safely.

The most important thing to remember when you are pulled over by a police officer is to remain calm and keep your cool.

If a police officer flags you down, pull over immediately, turn off your car, put your keys on the dashboard, and place your hands on the steering wheel. Police like to see your hands for their own safety -- so wait until they request your license and registration before reaching for them. If you’re pulled over at night, it’s also a good idea to turn on the car’s interior light, so the officer can see you're not armed and that you are calm.

Always greet policemen and policewomen as "Officer". For example, you may start off with "Good afternoon, Officer. How may I help you?" Under no circumstances should you ever talk back, raise your voice, or use profanity with a police officer. Being hostile with the police is stupid and dangerous. You can't win that game!  If the officer asks you questions, keep your responses short and speak slowly.  If the officer is all business and does not want to hear what you have to say, remain quiet.  When the officer requests your license and registration, slowly reach to the location where they are kept, slowly give them to the officer and place your hands back on the steering wheel.

If the officer writes you a ticket, accept it quietly and never complain. Listen to any instruction on paying the fine or contesting the ticket, and drive away slowly.

Being pulled over can be very scary, but if you play your cards right, you can keep it short and simple and not make matters worse than they already are.

I'm attorney Eric Rudolph with Your Legal Buzz!

JURY DUTY

We have all received that notice that we have to report for jury duty.  But we all want to get out of it.  If you are summoned to jury duty, do you have to respond?

If you are summoned for jury duty you have to respond. If you fail to respond to a jury summons, you can be held in contempt of court, you can be fined or imprisoned or both. If you cannot serve on the summons date, however, ask for a postponement to a more convenient time. You are entitled to one postponement. You might be excused from jury duty if such service would cause “undue hardship” for you. Also, if you do not meet the eligibility requirements for jury service or you are a peace officer or under a conservatorship, contact your local jury office - you might be disqualified or temporarily excused from service. Whatever your circumstances, however, do not ignore the jury summons.

Why would a judge excuse some people from jury duty and not others?

Judges have the right to excuse prospective jurors for a variety of reasons. The prospective juror may have:

• An immediate family members related to someone involved in the case.
• A financial interest in the case.
• A felony conviction, prejudice or bias or an opinion regarding the outcome of the case.
• The judge may also excuse a potential juror if service on the jury would cause undue hardship.

Judges may use their discretion.

And remember an employer is required to give an employee time off for jury duty. It is against the law for an employer to fire or harass you for reporting to jury duty as long as you have given the employer reasonable notice. If this occurs, notify your local jury office or the judge assigned to your trial. There are also laws allowing students to be excused from classes to fulfill their jury service.

I'm Attorney Eric Rudolph, with Your Legal Buzz!

SWIMMING POOL LIABILITY

Your swimming pool can offer fun and a welcome break from the desert heat. But your pool can be dangerous, too. You need to avoid tragedy—and liability—this season by keeping your pool safe.

Drowning leads to hundreds of deaths and many more injuries in California each year. Children under 10 accounted for many of these deaths and more than half of the injuries. Swimming pool accidents are tragic, but they are preventable if you take "reasonable precautions."

If you own or rent a home with a pool, you must carefully supervise swimmers, especially children.  Make sure you keep your pool equipment in good working condition.  And provide barriers to prevent unsupervised use of the pool. If you don't take such "reasonable" precautions, you may be sued for any deaths or injuries that result—even if the injured person didn't have permission to use your pool.
Supervision is vital. Watch your kids at all times—drowning can occur in a frighteningly short time. It's important to keep adults in line too. Don't allow your guests to run near the pool, make unsafe dives, or swim while intoxicated. Make sure no one, young or old, swims alone.

Maintaining your pool is also important. Uneven paving or unusually slippery surfaces, broken lifesaving equipment, damaged ladders and slides, or broken or ineffective fences or pool covers can all be dangerous. Contaminated water can lead to illness—make sure you are using the right amount of chemicals, and that you keep your pool clean. It's particularly important to take children on regular bathroom breaks and check diapers regularly.

Barriers such as fences and safety covers play an important role in preventing accidental drowning, especially in young children. Most children who drowned were last seen in the house, patio, or yard before finding their way into the pool. Effective barriers or alarms go a long way toward preventing these injuries and deaths. Because barriers are so helpful, the California Health & Safety Code requires that newly-built or remodeled private pools have certain safety features, such as a fences, door or pool alarms, or safety pool covers.

These are good guideline to what "reasonable" precautions may mean. Adding them can keep your family, guests and neighbors safe, and protect you from costly lawsuits.

TOP TEN REASONS TO CREATE AN ESTATE PLAN—AND HOW TO GET STARTED

With an estate plan, you can:

1.       Provide support and financial stability for your surviving spouse or partner, children, and grandchildren.

2.       Preserve your assets for later generations.

3.       Make sure your wishes are carried out when you can no longer manage your affairs. It's important to have both a power of attorney and an advance health care directive.

4.       Support a favorite charity or cause with a gift of money, securities, or other property.

5.       Distribute assets in a timely fashion, with a minimum of legal hassles.

6.       Minimize taxes and expenses that can go along with transferring assets.

7.       Meet expenses and prevent the forced sale of assets to do so.

8.       Avoid problems for your loved ones by ensuring that the beneficiaries named on your life insurance and retirement plans are the people you want as your beneficiaries.

9.       Protect your family's privacy with an estate plan designed to prevent your will from becoming public record.

10.   Set and meet expectations of your survivors so there is no confusion or misunderstanding.

So how do you begin? A good first step is to take an inventory of your assets and estimate their value. Give careful consideration to your potential beneficiaries and how you want them to benefit from real property or the other assets of your estate.

You may be a do-it-yourselfer when it comes to other aspects of your financial life, but estate planning is one area where it is smart to get professional help. Among other things, the process can entail preparing a will, creating trusts, naming beneficiaries for insurance policies and retirement accounts, and selecting guardians for minor children. In addition, you may need to plan to minimize estate taxes.

Given the complexities, you'll want to work with a qualified estate planning attorney. Depending on your situation, you may also find it helpful to work with other professionals, including a financial planner or investment manager, a trust officer, an insurance agent, or an accountant. Keep in mind, the attorney must be the one who drafts your estate planning documents.

To find qualified estate planning professionals, ask friends, financial and legal advisors, and colleagues for recommendations. Before hiring anyone, it's a good idea to interview candidates and check their credentials. They should provide you with an explanation of their fees and an estimate of how much their services will cost.

Estate planning involves some of your most personal information, so it's important that you and your family are comfortable with the estate planning professionals assisting you.

For more information contact us at (760) 702-4046 or go to www.RudolphLegal.com