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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
LONICH PATTON EHRLICH POLICASTRI
Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com
1871 The Alameda, Suite 400
San Jose, CA 95126
Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.
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This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
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How Do I Appoint a Guardian For My Child If I Die?
/in Estate Planning /by Michael LonichAs a parent, ensuring the well-being, safety, and future of your child is one of your biggest concerns. Although it can be an uncomfortable subject to think about, it’s very important to plan for unforeseen circumstances and make sure that your children are taken care of in the event of your untimely demise.
Appointing a guardian for your child is a vital aspect of comprehensive estate planning, offering peace of mind and a sense of security. The process of appointing a guardian involves careful consideration and legal procedures. In this article, we’ll take a look at how to appoint a guardian for your child to give yourself the peace of mind that their future is in safe hands.
What is a legal guardian?
A legal guardian is someone who is entrusted with the responsibility of caring for and making decisions on behalf of a minor in the absence of their parents or when the parents are unable to fulfill their parental duties.
A legal guardian assumes all the rights and responsibilities typically held by a parent, including making decisions about the child’s healthcare, education, religious upbringing, and general welfare. They act as a surrogate caregiver, stepping into the parental role to ensure that the child’s best interests are prioritized and protected.
How to choose a legal guardian for your child
Choosing a legal guardian for your child is a weighty decision that requires thoughtful consideration. Here are some key steps to help guide you through the process:
Choosing a legal guardian for your child is a deeply personal decision. Take the time to carefully evaluate potential candidates, seek advice when needed, and communicate your intentions clearly with both the chosen guardian and other relevant family members.
How to appoint a guardian in case of death
The first step in appointing a guardian is to draft a testamentary guardian designation. Work with an attorney to prepare a legally binding document that clearly states your choice of guardian. This document, often referred to as a testamentary guardian designation, will outline your wishes regarding the care and custody of your child in the event of your death.
From the initial consultation to drafting legal documents and providing ongoing assistance, the law attorneys at Lonich Polich Ehrlich Policastri we aim to make the process as smooth and stress-free as possible. We will work closely with you to ensure that your child’s future is secured and that their well-being is prioritized.
Contact LPEP today at 408-553-0801 for a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
2023 Northern California Super Lawyers Rising Stars Awards
/in Firm News /by Lonich Patton Ehrlich PolicastriRiley Pennington and Bethany Brass were recently recognized with the 2023 Northern California Super Lawyers Rising Stars Award.
We’re honored to have some of the most recognized family lawyers on our team. Thank you to our partners & peers for your nominations and congratulations to everyone being recognized this year!
Do You Qualify for Spousal Support?
/in Family Law /by Virginia LivelyGoing through a divorce is an emotional and stressful process for any couple. One of the most contentious issues that can arise is spousal support. Whether you are seeking support or may be required to pay it, it is important to understand your rights and obligations. In this article, we will discuss what spousal support is and who may be eligible to receive it.
What is Spousal Support?
Spousal support, also known as alimony or maintenance, is a payment made from one spouse to the other after a divorce or separation. The purpose of spousal support is to help the recipient spouse maintain their standard of living, which they may have become accustomed to during the marriage.
The amount and duration of spousal support are at the discretion of the judge and depends on several factors, including the length of the marriage, the income and earning potential of both spouses, and the needs of the recipient spouse.
Do You Qualify for Spousal Support?
In general, spousal support is awarded to the spouse who has a lower income and needs financial assistance to maintain their standard of living. However, each case is unique, and there is no one-size-fits-all answer to this question.
To determine if you qualify for spousal support, a court will consider several factors, including:
The court may also consider other factors, such as the health and age of both spouses and any other relevant circumstances.
Do You Need a Lawyer for Spousal Support?
When facing spousal support issues, having an experienced attorney by your side can be a valuable asset. Your attorney can act as your advocate, presenting a strong case on your behalf and explaining how you will benefit from receiving spousal support. They can highlight key factors such as your current income situation, your history of financial dependence on your partner, and your future plans to make a compelling case for spousal support.
Your attorney can also argue against having to pay spousal support if it is not warranted. They can use their legal expertise and knowledge of family law to protect your interests and ensure that any decision made by the court is fair and just. Some lawyers even have access to a network of resources that can help strengthen your spousal support case, including forensic accountants, real estate appraisers, medical professionals, and more.
Contact LPEP Law for Assistance with Spousal Support
At Lonich Polich Ehrlich Policastri, we have extensive experience in spousal support matters in California, and assess each of our client’s marital and financial situations according to California guidelines. With decades of experience handling complex matters of family law, we know what problems arise and how to manage them.
If you have any questions about spousal support or want to discuss your case with our legal experts, contact our office for a free 30-minute consultation. Call LPEP Law on 408-553-0801 or contact us here.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
What is a Power of Attorney for Property Management?
/in Estate Planning /by Michael LonichAs we age, it becomes increasingly important to plan for the future and ensure that our finances and property are managed according to our wishes. One tool that can help with this is a power of attorney for property management.
Today, we’ll explore what a power of attorney is and why you may need one for property management. Whether you’re planning for your own future or helping a loved one with their estate planning, understanding the role of a power of attorney can be a valuable asset.
What is a Power of Attorney?
A power of attorney (POA) is a legal document that grants authority to another person, known as an agent or attorney-in-fact, to act on your behalf. A power of attorney can be used for a variety of purposes, including managing your finances, making medical decisions, or handling legal matters.
A power of attorney for property management is a specific type of POA that gives someone the authority to manage your property and financial affairs. In a POA for property management, you can specify the scope of the agent’s authority. For example, you may give your agent the power to pay your bills, manage your bank accounts, sell your property, or make investment decisions.
You can also include limitations on your agent’s authority or specify when the POA will take effect.
Why Do You Need a Power of Attorney for Property Management?
Property management can often be a complex process, and knowing when you need a POA isn’t always straightforward. Let’s look at some examples of when a POA for property management is most valuable.
Firstly, if you become incapacitated or disabled due to illness or injury, a POA for property management can ensure that your finances are still taken care of. Without a POA, your loved ones may need to go through a costly and time-consuming court process to have a guardian or conservator appointed to manage your affairs.
Also, if you plan to travel for an extended period, a POA can give someone you trust the authority to manage your property while you’re away. A POA for property management can also be a convenient way to manage your finances. For example, if you have difficulty managing your finances or prefer to delegate those tasks to someone else, a POA can be a helpful tool.
If you own a business, you can use a power of attorney for property management to give someone the authority to make financial decisions on behalf of the business. This can be especially important if you become incapacitated or need to travel and cannot manage the business yourself.
How Can LPEP Help You?
Is a POA for property management right for you? Because of the legal intricacies involved in a POA, it is important to talk to a legal professional as the first step. At Lonich Polich Ehrlich Policastri, our attorneys can draft a power of attorney for property management which fits your individual needs both now and in the future.
To get started, call our office on 408-553-0801 or contact us here to set up a free, 30-minute consultation.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How to File for a Restraining Order
/in Family Law /by Gretchen BogerIf you are facing harassment or abuse from someone, a restraining order is one way to protect yourself from further harm. This orders an individual not to contact or come near another person and can be granted when the court believes there has been some type of harm or fear of future harm involved.
Obtaining a restraining order can provide peace of mind by keeping unwanted people at bay.
What Qualifies for a Restraining Order?
A restraining order protects someone from being physically or sexually abused, threatened, stalked, harassed, or interfered with. California has four types: domestic violence, civil harassment, elder abuse, and workplace violence.
Domestic violence restraining orders are issued to keep people safe from physical harm or threats of physical harm from a family member or intimate partner. All forms of domestic violence and emotional abuse qualify.
Civil harassment restraining orders are issued to protect people from stalking, threats of violence, serious harassment, or destruction of property by someone with whom they do not have a close relationship.
Elder abuse restraining orders are issued to keep the elderly and dependent adults safe from physical abuse, neglect, and financial exploitation.
Workplace violence restraining orders are issued to protect employees from the violent behavior of another employee or a non-employee while they are working.
Do You Have to Appear in Court?
When you file for a restraining order, the judge might grant immediate temporary protection until you go to court. You most likely will need to appear in court to provide evidence to support your request. You can also bring other witnesses that can testify on your behalf.
How Long Does a Restraining Order Last?
The duration of a restraining order in California depends on the type of request and the specific circumstances of each case.
Domestic violence, civil harassment, and elder abuse requests can last up to five years. Still, they can be renewed after that time if necessary, but the request has to be made before the current one expires. They can also be issued on a temporary basis, which lasts until the hearing for a longer-term restraining order takes place.
Workplace violence restraining orders can last up to three years, with the possibility of renewal if needed.
Can a Request Be Dropped?
You can request that a restraining order be dropped. Either the victim or defendant can file a request with the court. After the filing, both parties may be required to attend a hearing where they can present evidence and arguments as to why the request should be terminated. The judge will then determine if the change is justified.
Taking the First Step
Filing a restraining order is often difficult but necessary for physical and emotional well-being. Our attorneys at Lonich Polich Ehrlich Policastri work with families throughout San Jose and the greater Bay Area, so we understand what you may be going through. If you want to speak with someone about your situation, you can contact us for a free 30-minute consultation. Call us at 408-553-0801 to learn more.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.