Powers Of Attorney & Health Care Planning

Powers Of Attorney & Health Care Planning

by | Apr 7, 2020 | Current Events, Power of Attorney, Will & Estate Planning

INDIANA ATTORNEYS OFFERING A PERSONAL TOUCH

The Coronavirus is disrupting medical care and our legal process. Goodin Abernathy is using the special powers granted by Governor Holcomb and the Indiana Supreme Court to assist our clients with Health Care Powers of Attorney and General Powers of Attorney documents for our Indiana clients. Since many nursing homes and hospitals prohibit visitors, the Goodin Abernathy LLP lawyers are working around those obstacles. Goodin Abernathy prepares the documents for signature using the phone, internet and text messaging with same-day service.

Online vendors offering boiler plate legal documents typically want consumers to buy subscriptions – but not at Goodin Abernathy. To us, you aren’t a consumer, you’re a client.

If your relative, loved one or friend is sequestered or quarantined, our personal service allows them to stay in place: they do not need to leave their homes or facilities. Goodin Abernathy lawyers will transmit the documents electronically and guide you through obtaining signatures in front of a notary public. Some facilities have notary public services available on site; however, if not, our staff can authorize the signatures under Indiana’s new “remote notary” plan. Using video conferencing, Indiana is allowing notaries the option of electronically witnessing signatures. Indiana’s Supreme Court Order No. 20S-MS-236 allows notaries and other persons qualified to administer an oath in the State of Indiana and swear a witness remotely by audio-video communication technology, provided they can positively identify the witness.

Estate Planning Documents Our GA Lawyers Will Prepare Remotely

Health Care Power of Attorney

If you become incapacitated mentally or physically, this document identifies a person you grant legal authority for making your health care decisions.

Living Will

If you become incapacitated, this document gives your medical care providers, loved ones and appointed Health Care Representative directions about the treatment you want. The Living Will is sometime referred to as an “Advanced Directive” or “Right-to-Die” form. Some people may not want heroic life-saving resuscitation if they are gravely ill.

General Power of Attorney or Durable Power of Attorney

If you become incapacitated, your elected representative assumes authority to make decisions and take financial action on your behalf. This could include signing checks to pay regular bills. It could also mean selling or transferring important property like your home or auto.

At Goodin Abernathy, we strive to provide:

1) Personal service with explanations of the documents you need
2) Set pricing
3) A fast response
4) Coaching for electronically transferring and signing the documents, and
5) Remote Notary service, if needed

Call us now for more information about your specific situation. We look forward to helping you!

ADA and Dwarfism

by | Feb 1, 2019 | Discrimination, Employment Law, Free Consultations, Legal Matters Discussed

What happens to whistleblowers and workers facing discrimination in the work place? Tricia Newbold, a dwarf, claims the White House is freezing her out of a job (see article here).

This story reminds me of one of the best cases, and clients, we’ve helped over the years. It involves an American with Disabilities Act claim and the Equal Employment Opportunity Commission (“EEOC”) – legal areas which Goodin Abernathy LLP is experienced in, litigating cases with earnest to represent our clients.

Our client, “B”, is an Achondroplasia Dwarf. Outside of being a dwarf, B had normal dreams and aspirations like the rest of us had at a young age. B came to us because while she was working at a major restaurant chain, a manager and co-workers discriminated against her. They held her back from a job promotion and occasionally made disparaging remarks about her physical stature. They thought it was funny – but the remarks were mean to B.

B started as a hostess and wanted to get promoted to serving tables. Waitresses made more than those in the hostess position. Although the position required different physical requirements, B was up for the challenge.

The problem was, the restaurant outright denied her requests to be a server. On top of it, they were callous about it. The employer did not take time to consider what our laws say about equal opportunity for all workers. And probably worse yet, they did not take the time to consider the moral issues involved with the situation.

The Americans with Disabilities Act (“ADA”) and its 2008 update, the ADA Amendments Act (“ADAAA”), provide legal protection for disabled workers in our country. Goodin Abernathy LLP submitted a Charge of Discrimination for B with the local EEOC office. When the EEOC gave us a “Right to Sue” letter, we filed a legal complaint against the employer in Federal Court.

We collected evidence in B’s case, showing the employer failed to reasonably communicate with her about the server’s position. Nor did they consider whether reasonable accommodations would have easily allowed B to perform the server’s job. On top of that, our investigation revealed the rude comments by staff and B’s supervisors.

The company’s attorneys fought and complained, but we did not give up. We did not expect a lot. We did not expect for B to retire on the case – but we did expect to win. B recovered financial compensation allowed under the law. And, we won, because as attorneys, we used the law and fought for somebody’s equal rights.

Contact attorney Chip Clark at Goodin Abernathy, LLP with any ADA or EEOC questions you have. Give us a chance to partner with you – fighting for the legal rights you morally deserve.

Indiana Job Safety: Factory Deaths and Serious Injury

by | Aug 27, 2015 | Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death

A Hispanic worker was cooked alive at his job in a tuna factory.  Legal penalties were ordered for the dangerous acts of the man’s co-workers and the factory management. http://www.usatoday.com/story/news/nation/2015/08/13/bumble-bee-forced-pay-6m-worker-cooked-alive/31620881/

Indiana’s Worker’s Compensation laws control injury and death claims when workers suffer factory deaths or serious injury.  This website answers many common questions injured workers have regarding their claims.  http://www.in.gov/wcb/2382.htm  Undocumented Latino workers can legally claim medical costs and disability benefits in Indiana.  In certain cases, they can also sue general contractors, property owners or other service providers for negligence.  Unfortunately, many Spanish speaking Hispanics do not know that Indiana’s worker’s compensation laws protect them.

Our attorneys speak Spanish and many of our Goodin Abernathy LLP clients are Latino.  Since many employers and their insurance companies try to avoid paying the benefits legally required for job accidents, our experienced attorneys fight for their legal rights.  We evaluate settlement offers and push for reasonable awards.

We have represented injured workers throughout Indiana with injuries like: A burned foot when a cleaner stepped in hot oil; amputated fingers and hands when workers get their hands stuck in machines; broken backs where workers fall or get crushed at construction projects; brain injuries from head trauma after falling or getting hit by construction materials.  Also, our attorneys successfully handled cases for workers trapped inside large machinery and furnaces, like the man killed at the tuna plant in the story selected above.

Many of our Hispanic clients are worried about their immigration status.  Many of their legitimate claims go unreported because a worker does not believe the law protects them.  Contact us.  The Goodin Abernathy LLP attorneys explain the benefits Hispanic workers can legally recover – regardless of their immigration status.  Call us today for a free Spanish consultation.

Indiana’s Jared Fogle and Sexual Predators

by | Aug 25, 2015 | Current Events, Immigration, Legal Matters Discussed

The ex-Subway spokesman, Jared Fogle, is reportedly pleading guilty to child pornography and having sex with minors. Fogle, an Indiana resident, is said to have conducted these perverted acts for years. A reporter recently told her story of taping conversations to CNN. http://www.cnn.com/2015/08/21/us/subway-jared-fogle-informant-child-pornography-allegations/

Sexual predators using human trafficking, many times for illegal sex, is a national problem that even Indiana faces. http://www.in.gov/attorneygeneral/2963.htm Human trafficking is also associated with immigration problems. http://www.ice.gov/human-trafficking

Many times, victims are caught in the trafficking system through “coyotes,” drug smuggling and gangs. http://www.ice.gov/news/releases/leader-south-texas-human-smuggling-organization-2-others-sentenced-federal-prison#wcm-survey-target-id

The Legalmente Hablando Indy and Goodin Abernathy LLP Spanish speaking attorneys find solutions to immigration problems. Many of our clients are victims of criminal activity and domestic violence. Immigration laws share an interest in protecting the community by offering U-Visas to keep criminals, like sex predators, off our streets. The law also gives special protection to victims of trafficking through the T-Visa program.

If you have immigration questions, call the Legalmente Hablando Indy and Goodin Abernathy attorneys for a free consultation. We speak Spanish and enjoy evaluating immigration opportunities for our Hispanic clients.

High School Student Injures Family After Texting and Driving

High School Student Injures Family After Texting and Driving

by | Aug 19, 2015 | Auto Accidents, Immigration, Legal Matters Discussed, Personal Injury, Safety

The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys successfully represented two Hispanic sisters and their children for injuries caused when a high school student driver hit them. The sisters were walking along a roadway in their apartment complex when a student ran them over. One of the sisters had a child on her shoulders and the other child was in a stroller. The driver was texting a friend and not paying attention to the roadway.

Our clients suffered serious injuries and went to the emergency room. The driver and her insurance company did not want to pay a reasonable amount for damages. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys filed a lawsuit and aggressively fought for our clients. After the insurance company understood we would not settle the case for an amount less than the damages our Mexican clients suffered, the company agreed to pay the money it owed. Thankfully our clients were patient waiting on the legal process and trusted our work. Eventually it paid off and they received settlement checks.

Many insurance companies defend motor vehicle accident claims, trying to avoid paying reasonable money for damages their clients cause. Our Latino clients depend on our experience to represent them and their immigration status does not prevent us from handling their cases.

If you, a family member or friend was injured in an accident, contact us for a free consultation. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys speak Spanish and take pride helping our Hispanic clients.

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