Warrenton Law Blog

What should you look for in a health care agent?

On behalf of Mark B. Williams & Associates, PLC posted in wills and trusts on Wednesday, March 13, 2019.

A health care agent in Virginia can go by many different names: proxy, surrogate or attorney-in-fact. Whatever the appellation, however, the purpose of a health care agent is to uphold your wishes for the medical treatment you want to receive in the event of your incapacitation, as well as to make decisions for you should circumstances arise for which your living will does not provide specific instructions. According to FindLaw, you should consider certain factors carefully when selecting your health care agent.

You should avoid naming a doctor, nurse or hospital as your health care agent. Though it may seem to make sense to you, it places the medical professional in a difficult position by creating a potential conflict of interest, and the law may not allow for it for this reason. This can cause problems if you have a close family member whom you would like to serve as your agent who happens to be a doctor. Even if he or she is not your treating physician, it is better to avoid any potential legal entanglements by choosing someone else as your health care agent.

What is the difference between moving and non-moving violations?

On behalf of Mark B. Williams & Associates, PLC posted in traffic violations on Tuesday, March 5, 2019.

As an experienced driver in Virginia, you are probably reasonably well versed in the laws of the road and make a conscientious effort to follow them at all times. Therefore, you probably know that you can receive a traffic ticket for both non-moving and moving violations. However, you may not know what exactly each entails, particularly non-moving violations, which include more than what the name suggests on its own.

According to FindLaw, non-moving violations primarily pertain to matters related to parking. If you leave your car in a no-parking zone, next to a fire hydrant or in an emergency lane, your vehicle is in violation of traffic laws even though it is not in motion. If you park in a space reserved for handicapped individuals and do not have the proper permits, that is another example of a non-moving violation. Yet another non-moving violation for which you could receive a ticket is having your car parked in front of an expired meter, whether you left it too long or failed to pay the fee in the first place.

Do you need to defend your rights to parenting time?

On behalf of Mark B. Williams & Associates, PLC on Tuesday, February 19, 2019.

Many parents struggle to navigate sharing parenting time and other privileges after a divorce, often moving focus from their child to their own conflicts. On a personal level, this behavior affects children deeply and may impact their ability to form and maintain relationships in the future. On a practical level, parents who act out and push the boundaries of acceptable behavior may face legal consequences for violating another parent's rights.

If you received a custody order after your divorce or separation, it outlines the time that you legally may spend with your child. When your child's other parent keeps you from enjoying this court-ordered time or undermines your relationship with your child, this may count as parenting time interference.

When there is income disparity in a custody case

On behalf of Mark B. Williams & Associates, PLC on Tuesday, February 19, 2019.

Despite one former spouse receiving alimony and/or child support from the other, many divorced co-parents have significant income disparity between them. This is particularly true if the less financially well-off spouse spent years out of the workforce rearing the children and taking care of the home.

Regardless, this financial inequality can create problems for the parent who has fewer resources. While not always the case, it is usually the wife who struggles more financially after a divorce. She may feel at a loss to compete with her well-heeled former husband regarding providing for the children. Below are some ways that problems may manifest in these situations.

What should you know before writing a will?

On behalf of Mark B. Williams & Associates, PLC posted in wills and trusts on Tuesday, February 12, 2019.

Creating your will is an important step to ensure things go smoothly in the event of your death. Creating a plan ahead of time can help Virginia courts as well because if you do not have a will, everything is left up to the court. It can create a lot of issues for those you leave behind. When creating your will, there are some things you want to think about before you begin.

U.S. News & World Report explains that you need to begin with outlining all your assets. You need to know what you have. It can help to make a list with details including value of each asset. Do not forget to include other important things as well, such as your minor children. You will want to have a good idea of who you want to be their guardian.

Is it worth it to fight a first-offense traffic violation?

On behalf of Mark B. Williams & Associates, PLC posted in traffic violations on Monday, February 4, 2019.

Even if you were facing what seemed to be a minor traffic offense, it could be a good idea to take every measure possible towards reducing the consequences. That is because Virginia, like many states, operates its driving violation laws on the system that could give you increasing penalties for subsequent offenses.

Of course, you probably do not plan to get many more tickets in your life. You may have been passing through the state without immediate plans to return. The question would be whether you planned to get even one citation. By this reasoning, it could benefit you to make every effort to maintain your current record.

Why should you seek full compensation?

On behalf of Mark B. Williams & Associates, PLC posted in personal injury on Friday, January 18, 2019.

Workers in Virginia who get injured on a construction site will have a lot to deal with. Mark B. Williams & Associates, PLC, will help you move forward after an incident and learn how to navigate your life in the aftermath.

First, it's important to fight for the full extent of your possible benefits. In many situations, that is not what's going to be offered right off the bat. However, full compensation may be necessary. You could be dealing with short-term issues like broken bones, and you may need to take time off of work to fully recover. Hospital, emergency room and ambulance fees can also stack up quickly.

Virginia considering expanding its distracted driving laws

On behalf of Mark B. Williams & Associates, PLC posted in personal injury on Thursday, January 10, 2019.

Currently, Virginia law prohibits drivers from engaging in certain activity on their phone when driving. For example, all drivers in the state are banned from texting or emailing behind the wheel. Also, there is a cellphone use ban for school bus drivers and certain young drivers.

However, some states go further, banning handheld phone use for all drivers. A bill has come before Virginia’s legislature that would move Virginia in-line with these states.

5 defenses that won't help you against a traffic ticket

On behalf of Mark B. Williams & Associates, PLC on Wednesday, January 9, 2019.

We've all heard miracle stories from the friend who was driving a thousand miles over the speed limit, but got his speeding ticket thrown out of court because his defense attorney was a "miracle worker." But the reality is, your friend was probably exaggerating and the story isn't as good as the one he or she told you.

While there's a lot you can do to defend yourself in the case of an unlawful or questionable traffic ticket, there are some defenses that probably won't work. Here's a list of defense ideas that people accused of traffic tickets often try to use, but they rarely work, if ever:

5 tips for handling difficult child custody situations

On behalf of Mark B. Williams & Associates, PLC on Monday, December 24, 2018.

Child custody situations are complex matters that must be handled in the proper manner so that the children can thrive. When kids don't have parents who can work together and put them first, there is a chance that they might not have the stability and consistency they need.

It can be difficult to work together with your ex, especially if the divorce was contentious. In these cases, planning your next steps might make things easier.