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Tag: law

What’s the Difference Between a Suspended and Revoked License?

Written by kwmlaw on . Posted in Kelly & West News.

Drivers who get a few tickets or experience a car accident will soon learn about the North Carolina “points” system for a driver’s license. If you have multiple driving violations, you will begin to hear about either a license suspension or revocation. Both of these punishments occur due to reckless or irresponsible driving. But what’s the difference?

A suspended license means your driving privilege is temporarily withdrawn for a specific period. You may be able to get your license back after meeting certain terms.

A revoked license means your driving privilege is terminated. You can only get it back if you meet eligibility requirements and any conditions or terms set forth in a hearing with the N.C. Division of Motor Vehicles.

The primary difference between these situations is that a suspended license is temporary, and a revoked license is indefinite or even permanent. That’s why a revoked license is a more pressing punishment than a suspension.

Types of Suspensions

There are two types of suspensions: indefinite and definite. A definite suspension has a set end date, while an indefinite suspension includes a list of actions one must pursue to obtain driving privileges again.

Here is the breakdown of the two:

Suspended License

The act of suspension derives from incautious driving and each offense generates points onto one’s license. North Carolina applies points to a driver’s license with the following guideline:

  • First suspension: 60 days
  • Second suspension: six months
  • Third suspension: one year

If a driver’s points accrue to 12 points in three years, then a suspension may be followed. The following are examples of violations and the number of points added:

  1. Passing a stopped school bus – five points
  2. Not stopping for a siren – three points
  3. Driving on the wrong side of the road – four points
  4. Not stopping at a stop sign – three points
  5. Driving through a red light – three points

What to Know about a Revoked License

If you keep up the behaviors that lead to a license suspension, you have a good chance at getting your license revoked. You might also get your license revoked if you are convicted of multiple DUI’s and numerous acts of drag racing or reckless driving.

If you are notified that your license will be revoked, talk to a traffic ticket lawyer about your options. Going to court and speaking to a judge may give you a chance to drive again — eventually. You may face charges, assigned courses, and specific demands. Please note: If a person with a revoked license drives, he or she can face jail time or hefty fines.

Are you facing a suspension or revocation of your license? Contact our team for advice and help.

Important Medical Documents for Your Young Adult Child

Written by kwmlaw on . Posted in Kelly & West News.

As your child graduates from high school, you are both thinking about the exciting future. But whether your child is off to college or some other venture, there are a few legal decisions you should make in case of an emergency. Imagine if your child ended up in a hospital and could not make decisions for himself. Of course, you’d want to step in to help. But if your child is a legal adult, age 18 or older, you will not be able to do so. In fact, you wouldn’t even be told any specifics about his condition due to HIPAA regulations.

To prevent this problem, you and your child should fill out paperwork that will enable you to help him or her in case of an emergency. There are documents you need:

  • A durable power of attorney;
  • A health care power of attorney; and
  • A HIPAA release.

These papers are often used in elder law, by adults caring for their parents. They signify that the agent has been given the power by the signee to preside over financial and medical decisions and grant access to their medical records.

In each document, your child can decide who they would like to deem responsible as their agent. This may be you. However, if your child is uncomfortable with having you in this position, he or she may choose someone else.

  • Durable Power of Attorney: This document designates someone as an agent to preside over financial and legal matters on your child’s behalf. These forms can vary from state to state. Durable Power of Attorney grants agent a lot of power. For this reason, some people may be hesitant about signing it. Talk to your attorney about the best approach, but this one is especially useful if your child is traveling abroad.
  • Health Care Power of Attorney: This document gives an agent authority to make medical decisions on your child’s behalf. It is a good idea for your child to nominate more than one agent, in case the first is unable to serve.
  • HIPAA Release: This document designates less power to the agent but allows medical staff to share your child’s medical status or condition with agents.

While you want to help your child, he or she is considered an adult at age 18. Without these legal documents, you may have no way to help. Of course, you and your child should discuss these issues and decide what is best. If you have any questions, contact us for help.

A Living Will: The Missing Piece of Your Estate Plan

Written by kwmlaw on . Posted in Kelly & West News.

When the time comes to arrange the details of your estate, most people think of their final Will and whom will inherit. Another critical and often overlooked factor is your Living Will. Also known as an advance directive, a Living Will allows an individual to officially declare his or her wishes in the event of a medical emergency where one cannot make medical decisions for himself or herself.

According to a study in 2017, only about one in three U.S. adults creates a version of this document. People are often unsure about this document, so here are answers to the most frequently asked questions.

Why should I have a Living Will?

A Living Will allows you to be in control of decisions made regarding your health when you are unable to verbalize these instructions. This includes the use of feeding tubes and life support if your condition requires such action. If you are suffering from a chronic disease, you may opt to receive palliative care in order to alleviate any pain and discomfort, but maybe you don’t want extraordinary measures to be taken. A Living Will offers guidance on these issues for both family members and medical professionals. That way, what happens to you is due to your wishes rather than the emotions of your family members or the duties of medical professionals.

What happens if I don’t have a Living Will?

In the absence of a Living Will, medical personnel will rely on the decision of your health care agent under a Health Care Power of Attorney, if you have one. If you don’t have a Health Care Power of Attorney, generally your doctors will communicate with someone, often your next-of-kin. This can put your loved ones in an extremely difficult position if they are unsure of where you stand on the matter. In some cases, a family member’s choice has caused legal disputes later.

How do I create a Living Will?

A Living Will, referred to as a Desire for Natural Death in the state of North Carolina, is a legally binding document that takes effect as soon as it is signed, yet can be revoked by you at any point. Living Wills are different in each state, so it’s important to talk to a lawyer where you live while managing this part of your estate planning.

If you or a loved one is interested in creating a Living Will, the law offices of Kelly & West have the experience and expertise to assist in any and all stages of the estate planning process.

Elder Care: How to Manage Care for Your Parent

Written by kwmlaw on . Posted in Kelly & West News.

Are your parents or an elderly loved one refusing personal care and assisted living? Is it hard for your family to give them the help they need? Here is some advice on how to put an unwilling parent or relative at ease.

Before pushing your parent or relative to give up their independence, you must understand what you’re asking of them. In their eyes, they can still handle anything! And remember, you are their child. Now you’re asking them to reverse roles and let you take care of them.

Here are some tips for managing this process:

  • Get ahead of the crisis. Start having conversations about caregivers and assisted living before health problems occur. Ask your parent how they would feel about a driver or a housekeeper. Ask about his/her plans for assisted living and other help should the need arise.
  • Be patient and ask deep questions. When asking questions, give him/her time to respond. The process may take many conversations to get any answers; do not get frustrated. Fully try to understand why your loved one is refusing care.
  • Provide options. Keep your loved one in the loop. You might include him or her in interviews for the housekeeper or let him/her choose when the home aid comes each week. Show your loved one that he/she still has some freedom and that you respect him/her.
  • Accept your limits and pick your battles. You cannot watch over your loved one all the time. If they are still safe do not discourage their behavior, even if it is irritating to you. Treat them like the adult they are. Dealing with a stubborn child is not the same as dealing with a stubborn parent.
  • Find an outside outlet for your feelings. If you are angry, sad, or frustrated that your parents won’t listen to you, vent to someone outside of the situation, not your parents.

As you try to take care of your loved one, be sure to take care of yourself. Do not let your frustration out on your elder family member. It is hard to change roles from child to parent, and it will take time for your elder to realize the change in roles, but be patient. Giving up one’s freedom is never easy, so try your best to understand their feelings.

Whether it is preparing a will, estate planning, or care agreements, Kelly and West can prepare the right documents. Allow the experienced attorneys at Kelly and West help you understand the ever-changing elder law.

 

An Overview of the Law Schools in North Carolina

Written by kwmlaw on . Posted in Kelly & West News.

An Overview of the Law Schools in North Carolina

Thinking about being a lawyer and are looking at schools in North Carolina? If so, you are in the right place. North Carolina has five main law schools ranked in the top 200 law schools, based on smart rank. Smart rank is calculated by combining traditional law school rankings with other statistical data, such as, admission selectivity, employment rate, and bar exam performance. The five schools include, North Carolina Central University (NCCU), Campbell University, Wake Forest University, University of North Carolina – Chapel Hill (UNC), and Duke University. The attorney team at Kelly and West attended Campbell University in Raleigh, NC.

Photo credit: cjnew via VisualHunt.com / CC BY-NC-ND
Photo credit: cjnew via VisualHunt.com / CC BY-NC-ND

Duke University

The law school at Duke University is located in Durham, NC. Based on the smart rank calculations, Duke is ranked number 5 and according to US News & World Report law school rankings Duke is tied at #8 with UC-Berkeley and UVA. Duke has an acceptance rate of 23.3%, and average LSAT score of 169 and average undergraduate GPA of 3.76. The average cost per year for a full time student attending Duke is $55,588.

University of North Carolina – Chapel Hill

The University of North Carolina is located in Chapel Hill, NC. Using the smart rank system, Chapel Hill is ranked #28 with an acceptance rate of 44.6%, an average LSAT score of 161, and average undergraduate GPA of 3.49. UNC is currently tied at #34 with five other schools across the U.S. based on the 2016 rankings from US News & World Report. For an in-state student tuition runs around $22,560 per year and for an out-of-state student the tuition is about $39,191 per year.  

Wake Forest University

Wake Forest University is located in Winston-Salem, NC. According to the 2016 rankings from US News & World Report, Wake Forest is tied at #47 with University of Florida (Levin) and University of Maryland (Carey). Based on the smart rank system, UNC is ranked #52 with a 55.6% acceptance rate, an average LSAT score of 161, and an average undergraduate GPA of 3.60. Wake Forest is a private university with tuition running around $42,276 per year for a full-time student regardless of residence.     

Campbell University

The law school at Campbell University is located in Raleigh, N.C. The tuition for a full-time student is around $38,645 per year. Using the smart rank, Campbell in ranked #105 with an acceptance rate of 62%, an average LSAT score of 152, and undergraduate GPA of 3.24.  

North Carolina Central University

North Carolina Central is located in Durham, NC. NCCU is ranked #167 with an acceptance rate of 47.2%, an average LSAT score of 145, and an undergraduate GPA of 3.24, based on the smart ranking system. Tuition runs around $12,655 per year (in-state, full time) and $27,696 per year (out-of-state, full time).

While Duke, UNC, Wake Forest, Campbell, and NC Central are the main law schools in North Carolina based on ranking, they are not the only ones. There are two other notable law schools in North Carolina, UNC Charlotte and Elon University. UNC Charlotte is located in Charlotte, NC and was founded in 2005. For a full time student attending UNC Charlotte the average cost per year is about $41,348. Elon University is located in Greensboro, NC and is considered a private university. The average cost of attending Elon School of Law full time per year is $37,924.