Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Page 12
Page 13
Page 14
Page 15
Page 16
Page 17
Page 18
Page 19
Page 20
Page 21
Page 22
Page 23
Page 24
Page 25
Page 26
Page 27
Page 28
Page 29
Page 30
Page 31
Page 32
Page 33
Page 34
Page 35
Page 36
Page 37
Page 38
Page 39
Page 40
Page 41
Page 42
Page 43
Page 44
Page 45
Page 46
Page 47
Page 48
Page 49
Page 50
Page 51
Page 52
Page 53
Page 54
Page 55
Page 56
Page 57
Page 58
Page 59
Page 60
Page 61
Page 62
Page 63
Page 64
Page 65
Page 66
Page 67
Page 68
12 GoodLifeFamilyMag.com JULY AUGUST 2015 Asked Answered Asked Answered ANSWERS TO YOUR IMPORTANT LEGAL QUESTIONS FROM OUR PANEL OF EXPERTS Q Your kid gets injured by another kids recklessness but that family is your good friend. What do you do AThis situation happens frequently and raises a number of questions both legal and moral. Nobody wants to make claim against a friend and the process can be emotional when it occurs. But there may be times when a claim is in fact warranted. The starting point is to understand how and why an incident occurred. Was somebody negligent If so then legally there is a claim to be made possibly against the other child or the parent. The next and probably most important consideration is the severity of the injuries involved and the potential long term ramifications from a medical expense and suffering standpoint. The good news is that depending on the circumstances the other family and child are likely to be cov- ered by some form of insurance that would apply such as homeowners or automobile. So while it may be uncomfortable to make a claim against friends in a sense it would be that familys insurance company that actually pays the damages if there is liability. The decision to pursue a claim against a friend or neighbor is largely a personal decision and typically involves more than the just the legal analysis. But in the end as parents we owe it to our children to make sure that they are adequately protected and there are times when doing so may be uncomfort- able but necessary. - Robert L. Chaiken Chaiken Chaiken P.C. Q My daughter recently turned 18 and is preparing to leave for college. Her friends have been talking about needing to sign legal documents. What type of documents does my daughter need and why AParents are surprised to find out that they are no longer entitled to receive medical information or make business or medical decisions for their child who has turned eighteen. This is often discovered when their child is away at col- lege becomes ill or injured and the parents are trying to talk to doctors in another city to find out how their child is doing and obtain medical records to share with their own trusted physicians. Parents have also faced problems when trying to take care of business matters for their student. Examples include the inability to handle an issue with next semesters apartment lease or obtain school records while the student is travelling on a semester abroad. Some simple documents can help avoid these and similar issues. In order to make medical decisions and speak to med- ical professionals for your child a Medical Power of Attorney is needed. The Medical Power of Attorney becomes effective when someone is unable to make their own medical decisions. It is also advisable to execute a HIPAA Release to allow the parents to obtain their childs medical records. Some attorneys under certain circumstances may even suggest that your child execute a Medical Directive a living will which allows the person to instruct physicians to withhold or withdraw life sustaining treatment in the event of a terminal or irreversible condition. A Statutory Durable Power of Attorney is needed to allow the parent to make business decisions and sign documents for their child. It names the parents as their childs agent and grants broad powers to act on the childs behalf. Some parents even ask if their child needs a will. That is a case by case basis determination but not always necessary. It is important to note that these documents have certain legal requirements. Most estate planning attorneys that I know will prepare the main documents for a very reasonable fee. If your child plans to go to an out-of-state university it is advisable to talk to an attorney in that other state. The legal requirements of these forms can vary state to state and it is important that the documents will be effective in both Texas and your childs university location. - Corinne Frank Law Offices of Mirliss and Frank PLLC