LeBaronLogic

5 Legal Tips for Peace of Mind

Legal issues don’t have to be stressful.  In fact, you can use the law to reduce your risk, eliminate uncertainty, and plan for the unthinkable.  The law can help with your overall peace of mind.

1. Execute a will

Estate planning isn’t just for wealthy old people.  If you’re an adult, you need an estate plan.  This spells out what happens to your property when you die.  While the state legislature provides default rules for people who don’t specify their intentions, you might be surprised by what those rules say.
For the average person, an estate plan is simply a will (or “last will and testament”).  This document spells out who gets what from your estate.  Your handwritten will can be valid, but it’s safest to have a lawyer draft your will and walk you through the formal execution ceremony.  If you have a spouse or children, you need a will to ensure they are properly taken care of and guardians and alternative guardians for minor children named.

2. Designate your health care wishes

How should medical decisions be made for you in the event of an accident or illness?  Without the appropriate legal papers, your next of kin will attempt to make the decisions that you would want.  But does he/she know all your wishes?
You should protect your health care decisions by appointing someone with a Health Care Power of Attorney.  This designates the person who will make your decisions.  They are bound to make the decisions that you want, not what they think is best.
To go the extra mile, you should execute a Living Will.  This document attempts to set forth your wishes for different medical scenarios.  Then your health care provider will be bound to act according to this document.  If you neglect both of these health care documents, your life might be in the hands of someone who may not carry out your wishes. 

3. Select the correct beneficiaries

Do you have a life insurance policy or retirement plan?  Who are your beneficiaries?  If  “your estate” is listed as the beneficiary, your heirs could be in for a surprise when you pass away.
Life insurance and retirement plans automatically pay the designated beneficiary when the policy holder dies.  To make sure your family or other heirs get this money, you should designate them by name as the beneficiaries.  If your estate gets paid directly, the true beneficiaries could be in for a long wait before they can be paid anything.  And your creditors might claim the money before anyone else can be paid.  Be sure to name the right beneficiaries.

4. Be properly and sufficiently insured

Property insurance isn’t just for homeowners.  Even if you rent, you need insurance protection.  Homeowner’s or renter’s insurance primarily covers against loss to your property due to damage or theft.  But it can also be important if you’re ever sued.
When guests come onto your property, you legally take on a certain amount of liability for their safety.  If a guest is injured while on your property, you could be held responsible.  Fortunately, the typical property insurance policy provides some protection for you.  Guest medical coverage will pay for your guest’s medical bills as well as liability coverage for pain and suffering in event of a personal injury claim or suit.  For the cost of a renter’s insurance policy (at most $15/month), you can’t afford to neglect this coverage. Make sure your limits are more than adequate.
Also make sure you have adequate limits on auto and homeowners liability, $500,000 is well worth the extra dollars in cost. Also ensure you have adequate uninsured/underinsured auto coverage. If you have an older car and have collision and comprehensive coverage, you are wasting money, cancel it. Consider the different costs for highter deductibles. You may also want to consider umbrella coverage to give overall protection to your assets.

5. Separate your business

If you run your own business, you should consider a limited liability business entity or S Corp.  Running a sole proprietorship is simple, but it exposes you and your family to certain risks and liabilities.  Creditors and people you have possibly wronged make a claim against you personally.  Your business could be putting the family home at risk.
To solve this problem, you can easily setup a basic corporation or a limited liability company (LLC).  Then when you sign contracts and incur business debts, you are only putting the business at risk.  It’s important to run the business properly to maintain your liability shield.  (Such as having proper meetings with minutes kept, separate bank accounts, etc). Without a formal business entity, you have no hope of limiting your personal liability. Your CPA can advise you in this regard as well.

Enjoy Serving (More David Churchisms)

Once again David Church, Counsel for the League of Towns and Cities, gave some excellent advice at last week's conference. David listed the following aphorisms to assist elected officials in enjoying their service. (These may also be applicable in business, social or family settings):

1. All elected officials are worthy of some measure of respect --- even the ones stupid enough to disagree with you. (Respect for putting themselves "out there". For putting their name on a ballot with some risk).
2. It is unfair to expect members of the public to know what you know or understand what you tell them.
3. No one elected you to "take full credit and no blame."
4. Learn to win graciously. (No gloating. It's not endearing to vote "no" for an item, later to have your position proved correct and reminding those who voted "yes" that they were wrong; the "I told you so syndrome"). The same goes for a proposal in which you were part of the majority vote.
5. Accept your losses, and move on. (If your position and vote was in the minority, understand that is the process. It is not a good idea nor is there time to sulk).
6. Enjoy correcting your own mistakes as much as you do others. ('nuff said).
7. Praise in public and reprimand in private. (universal good advice).
8. Learn and do your own job first. (Of course nobody likes others to tell them how to do their job).
9. Learn to assume that everyone is acting in good faith. (Most people operate with the best of reasons and are not out to get you).
10. (my own, to make an even 10). Do not take yourself or others too seriously.

A Day at the Legislature

Today was the annual "Local Officials Day at the Legislature". Also attending were Youth City Councils from throughout the state, including American Fork. The following is a brief schedule with comments. . .

• 6:15am ... meet at AF high School and depart for Capitol, (can't believe I woke up at 5:20)?
• 7:00....... arrive at Capitol (brrr, 12 degrees), register, network with other youth councils. Also met Rep. Dougall who visited with us. Mingled and nibbbled at the continental breakfast in the Gold Room.
• 7:30........ Orientation at the steps below the Supreme Court Chambers. The Capitol restoration is awe inspiring. The engineering and isolation stabilization making the building able to sway in an earthquake is amazing for the 92 year old building. See www.utahstatecapitol.utah.gov.
• 8:00....... Observed Legislative Committee Meetings. The hallways and rotunda were busy with Legislators, young people, staffers and local elected officials.
• 9:00....... Observed Senate and House Proceedings. The youth were also able to visit with Rep. Sumsion during this time. Some went on a brief tour of the Capitol.
• 10:30 depart from Capitol to the Grand America Hotel
• 11am.......City Youth Council Meeting with Political cartoonist, Pat Bagley. Pat shared some of his famous cartoons lampooning utah culture, politics and a smattering of national matters with stories. Shortly before the end of the session, youth council members visited with and had pictures with Lt. Gov. Gary Herbert.
• 12:15 ..... Luncheon joined with Mayor Thompson with legislators, local elected officials and other youth councils. Governor Huntsman addressed the gathering encouraging the youth to be involved in the process of community and state government. The keynote "speaker" was President George W. Bush (ok, Steve Bridges, the hilarious impersonator). See www.stevebridges.com for some comic relief. Among many of his zingers were; " Ya know I take alot of criticism. Bob Woodward wrote a book entitled "State of Denial". Come on, we all know Denial is not a state (pause); its a river (pause) in Africa (pause)."
• 2p.........Return home to American Fork with added information, appreciation and contacts regarding this great state and community we live in.

Now a Word(s) from Ann Coulter . . .

I admit it, I am kind of an Ann Coulter fan. She calls it like she sees it, albeit in a sometimes insulting, abrasive offensive way. But politics is a nasty business and she doesn't let the liberals get away with anything. Her latest article "The Elephant in the Room" at www.AnnCoulter.com is worth a read.

Final AF Election Results

The final tally is in, as approved tonight by the American Fork Canvass Board (City Council). Provisional and absentee ballots have all been counted. Below are the results compared to unofficial returns from Election Night:

                                            Unofficial               Official             

Sherry Kramer ..... 3,493 - 26.34% .... 3,764 - 26.35%

Shirl LeBaron ....... 3,413 - 25.74% .... 3,678 - 25.75%

Rick Storrs ............ 3,417 - 25.75% .... 3,654 - 25.58%

Jason Porter............. 2,852 - 21.51% .... 3,093 - 21.66%

There are some interesting precinct by precinct results and other analyses, which will be discussed in an upcoming post. For now, numbers alone will have to suffice, darn.

 

   

David Rodeback's Endorsement

Yet another important endorsement for the re-election campaign to the city council of your author, to wit:

"This year I'm voting for experience -- and bloggers, where I can find them. This means Councilman Shirl LeBaron."

--David Rodeback, www.localcommentary.com

Brevity is great. David as many of you know is an avid blogger. I value his insight into the multi-faceted dynamics of municipal governing. Besides that, I am vying for being his SMFCC "Second most favorite City Councilor", of course my colleague Councilmember Heidi Rodeback being his first. "Not that there's anything wrong with that."  Now how is that . . . having your own post for an endorsement. Disclaimer: The quote above is a tit-for-tat, due to a Seinfeldism referred to in a recent posting on David's blog and has nothing to do with the subject matter of the original quote.

Where in the World is votelebaron.com?

Good question. If you have tried to access my campaign website at votelebaron.com you are referred directly to this blog. This blog is primarily for constituents regarding city issues, mixing some sports (basketball, other), general observations inc. law related and life in general. And of course a smattering of campaigning (during the season). Since I am reconstructing my council re-election website, you are stuck here for the time being. The good news is you can communicate somewhat directly, it is easier to post items and stay current.  There are some threshold ideas/issues to think about as we move toward earnest campaigning late summer/early fall.My colleague on the council Heidi Rodeback in her blog had this to say in a posting regarding criteria for Jimmy Cates' replacement:

Q. What makes a good City Council member?

A.  . . .  1. A person who communicates well; 2. Somebody who has substantial experience with two or more aspects of the City, so that he can see the big picture; 3. Who is open and willing to consider questions (issues) from all points of view; 4. Who has the time and ability to serve; and, finally, 5. Somebody who will fit well into the synergy and momentum the current Council enjoys. (emphasis and numbers added)

I believe that is what the citizenry wants as well. I submit that I meet that criteria to the extent that I am asking the public for another term. I suspect it will be my last term. I feel that others should have the experience of serving. Public Service and more so on the local level is not a career but a slice of ones life. It is an enriching experience that others should share. The first 2 years, you are settling in; the second 2 years you begin to formulate change and progress; the last 4 years (2nd term) you are the most effective, particularly if you serve without re-election in mind (as I have tried to do the first 4 years).

There are two other threshold questions and statements to pose:

1. Are we on the right track, making progress and improvements in the community the last 4 years generally and the last 2 years specifically?
2. The late Jimmy Cates  in a classic 2005 campaign question;  "If you want to know what kind of council member I HAVE BEEN, ask the other council members."

Stan Lockhart, a Good Choice for State GOP Chair

As a state delegate, add my name to the endorsements for Stan Lockhart, who is seeking the chairmanship of the state republican party at the organizing convention this Saturday. Stan has performed in this role as Utah county chair. He knows how to raise money, is well connected and will strike a good balance between open discussion and maintaining control. Mr. Lockhart is in charge of Public Affairs for Micron and is a registered lobbyist. But not to worry, all of the former state chairs including Democrat Randy Horiuchi were paid lobbyists. Stan is married to Becky Lockhart, a republican State Representative and has been deeply involved in grassroots politics for a long time, presently serving on the State Central Committee.

The state chair is responsible for the interaction between the party and the Lt. Governor's Office with regard to elections, makes party appointments, fund raises and serves as the chair for the activities of the GOP State Central Committee.

Stan Lockhart is the man for the job.

A Day in Drug Court

No not me.....but a client.  Drug Court is a diversion type of program that has been instituted in Provo. One of my clients has been in the program for some time. The first step is to qualify. A person has to plead guilty to charges and then be referred to the program for screening. The reason for the screening is to see if the programs are applicable for the participant. Then there is the orientation. Drug Court is a program of positive reinforcement and accountability. The first dirty UA (urine analysis) is a freebie, the first tardy to court, (usually at 1:30 on Fridays) is also free. After that, jail time. The participants have a drug counselor who submits reports. Some participants are in an in-patient facility others are out - patient and still others are in orange jumpsuits. Judge James Taylor presides, and does a great job with support, accountability helping restore the dignity to those involved.  They have a staffing of attorneys and counselors prior to Fridays hearings.  There is applause and trips to the candy jar for those making progress. It is a feel good time for those who are on the path to being clean and sober. Others have bumps in the road and treatment is given. The success of drug courts throughout the country have been positive. My client is doing well and hopefully will be finished shortly to regain a full and drug free life. After successful completion of the treatment the participant's conviction is dismissed. It truly is the epitome of Second Chances. For additional information, Sara Israelsen writes a heart warming story about recent "graduation exercises".

The Non-Scandal

The democrats and media so loathe President Bush that they are trying to find flames with their self imposed smoke from the "8 fired U. S. Attorneys" situation. NEWS FLASH . . . U. S. Attorneys serve at the pleasure of the United States President. End of story. The attorneys can be terminated for any reason, including disloyalty to the President and his policies or ANY OTHER REASON. Memo to the Dems and left wing media:  There is no smoking gun here,  move on and stop wasting time.