This week, Karen Wagner helps to explain one of the key ways that military separation or divorce is different from a civilian divorce. There are many differences in military divorce to understand but the 20/20/20 rule is very important.
We are happy to announce that Karen Wagner has returned to Davis, Upton & Palumbo, LLC. Karen left in 2016 for a position doing defense litigation. Now Karen has returned as an associate and we are glad to have her back! Karen will be working in our Annapolis offices.
What is Adult Guardianship?
Adult Guardianship is a formal legal process where the court appoints an individual to act on behalf of a disabled person, property or sometimes both. A qualified licensed professional makes the decision to determine if the handicapped person is no longer capable of making medical or manage their financial assets for them self. There can be no other alternative to guardianship including a Power of Attorney or a Medical Advanced Directive.
Types of Adult Guardianship
There are two types of Adult Guardianship, Guardian of the Person and Guardian of the Property.
Guardian of the Person
When you are appointed a Guardian of a Person, you will be responsible for making the medical healthcare decisions along with everyday living arrangements for the disabled person.
Guardian of the Property
The second type of Adult Guardian is a Guardian of Property. As the Guardian of the Property, you are responsible for the disabled person(s) financial assets.
In conclusion, you should be aware of your responsibilities when appointed to be an adult guardian whether it be a person or a persons property.
This week, David Weigel explains what it means when there is a breach of contract.
What is a Breach of Contract?
A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.
Benefit of the Bargain
Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.
There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.
Other examples include awards of attorney fees if there is litigation in the case of a breach, injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases. Punitive damages are typically not awarded in contracts cases.
In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.
At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.
These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.
What is the FIT Program?
Stephanie Noronha explains the FIT program or Families In Transition program. In cases that involve custody disputes, the court will typically order the parents to attend a FIT program.
FIT program purpose
The FIT program is designed to teach parents the emotional stress that their children sometimes go through as they during a separation and divorce. This can help parents to better understand the experience of their children. Also, these programs teach a lot of helpful skills. For example, the FIT program focuses on improving communication skills between the parents.
In addition, the court will order the parties to attend mediation. The court will appoint a court mediator and the parties will be required to attend sessions with the mediator. The parties are required to make a good faith effort to work with each other to try to reach an agreement on custody. If they do reach an agreement, they will have the agreement put in writing, executed and submitted to the court.
In conclusion At Davis, Upton & Palumbo LLC, we are experienced with custody and family law matters. We understand the need to counsel and advise you on the best possible course of action for your unique situation.To learn more about our Family Law services click here or contact us today!
What is a Restrictive Covenant?
A Restrictive Covenant is a restriction that is placed on land that limits the uses to which that land can be put. Typically they are created by and recorded by subdivision developers to ensure that the subdivision develops in accordance with a common scheme or purpose.
Types of Limitations
For example, limitations on the uses that parcels in a subdivision can be put like a single family residence. Other examples include architectural controls like colors that can be used or roof materials. There may also be restrictions on animals and livestock.
A set of Restrictive Covenants can set forth the creation of a Homeowner Association. This will detail the duties and powers of that Homeowner Association. In addition, the Restrictive Covenants will set the annual fees and special assessments that the Homeowner Association may levy.
Restrictive Covenants are enforcible against the owners of the lots in perpetuity unless they are rescinded or abolished. By statute, it is required that all potential buyers for a parcel of land in a subdivision with Restricted Covenants must be given a copy of those documents.
At Davis, Upton & Palumbo LLC, we represent many individual property owners when Real Estate issues arise. Our Real Estate Practice Group has developed the reputation of being the “People To Talk To” when it comes to a Real Estate matter. To learn more about our Real Estate services click here or contact us today.
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