There are few circumstances when your loved one should execute a financial power of attorney that gives their agent the immediate authority to make financial decisions. Financial powers of attorney are one of the easiest ways to commit elder financial abuse. The preferred method is to require that the agent’s authority is granted only after two qualified medical doctors declare in writing, under penalty of perjury, that the elder is mentally incompetent and unable to make sound financial decisions. Although still not foolproof, this requirement gives a great deal of protection against financial exploitation. A bad guy must now involve two doctors in order to carry out the rip-off.

It is always possible that the perpetrator will simply have the elder execute a new power of attorney that revokes all prior powers and gives the agent the immediate authority. When family members and friends are actively involved in the elder’s life, the crook will have much more difficulty in accomplishing this without being caught. When the elder has no immediate family or friends, the odds of being financially abused are greatly increased. However, there are still some preventive measures that can be taken to reduce the risk.

Speak with bank personnel and other financial institutions where the elder’s money is invested. Show them the power of attorney and explain that its purpose is to protect the elder in case someone tries to take advantage. Point out the added protection that requires two qualified medical doctors confirm the elder’s lack of capacity before the power of attorney is effective. Ask them to red-flag the elder’s accounts by placing a computer notation that the bank personnel should question any substantial withdrawals or unusual activity.

Many family members hesitate on broaching the subject of powers of attorney, in fear that their elderly loved one may take offence and tell them to mind their own business. Every family has their own unique dynamics. However, you can ease some of the awkwardness by doing some of your own research and sharing it with your loved one. Many counties agencies have informational brochures that explain the purpose in creating powers of attorney and how they can assist in financial matters. Delaying the discussion often results in no action being taken. Then, when the need arises, it is often too late because the elder no longer has the requisite mental capacity needed to execute the power of attorney. There is no surefire way to avoid financial exploitation of an elder. However, through education, discussion and assistance with the financial institutions involved, and with the help of a qualified elder law attorney, a power of attorney can be put in place that affords piece of mind that the chances of financial abuse are minimized.

Personal injury is a term applied to any damage or harm done to a person’s body, reputation, rights or property. Personal injury can be filed under both civil and criminal law suits depending upon the details of the case. The law of torts is divided into 4 categories: intentional torts, negligence, strict liability and nuisance.

* Intentional torts are those torts that are committed by the wrong doer purposely. It includes, battery, assault, false imprisonment, defamation, trespassing, invasion of privacy, causing emotional distress, racial or sexual discrimination etc.

* Negligence torts are those wrongs, which are done unintentionally. They are the most common of the tort cases in court. They include product liability (products that are dangerous to the users even when used correctly), medical malpractice, misdiagnosis etc.

* Strict liability are those wrongs, which are borne out of occupational hazards and use of dangerous products. They need not be due to negligence of the defendant. Occupational hazards like construction workers, factory workers etc where it is the duty of the employer to provide a safe working atmosphere.

* Nuisance are those wrongs which interfere with an individuals use of his land or property. For instance noise pollution by a factory or smoking by individuals in public places like offices etc.

It is prudent to contact a personal injury lawyer in case of injuries to check the merits of the case, to see if a case exists, the amount of damage etc. Contacting an experienced lawyer may work in favor of the plaintiff (the person suffering the injury) as many tort cases are settled out of court, when the defendant (the person causing the injury) feels that the court may award a larger penalty and that the defendant will be involved in a costly litigation and negative publicity. There are many law firms, which take personal injury cases on contingency basis. It is vital to read the contract agreement as the law firm on successfully winning the case may take away a major portion of the claim.

Rozek Law Offices, S.C. is a Milwaukee Personal Injury Law Firm devoted to helping Wisconsin Personal Injury Accident victims in their search for justice. They limit their practice to the representation of people that have sustained serious Wisconsin Personal Injuries as a result of negligent or wrongful conduct. Their law firm’s primary objective is to protect the rights of their clients by aggressively advocating on their behalf. They also author books in an attempt to educate all Wisconsin Personal Injury Victims, before they could do anything that could jeopardize their case. If you have been injured due to the negligence of another, contact an experienced Wisconsin personal injury lawyer for a free case evaluation.