The Romanian Power of Attorney

The Power of Attorney (POA) is the act in which the Romanian lawyer receives the authorization to develop a certain activity in the name and for the client, whether he is a natural or legal person.

It is a written special mandate, given by the client to the solicitor, representing the collaboration’s general framework, the most important condition being that the mandatory to be capable to contract himself the act whose achievement charges the attorney, and the assignee must always have full exercise capacity.

So that the Power of Attorney to be valid, it must be signed personally by the client and the attorney and contain the client’s and attorney’s identification data, the task that must be fulfilled and also the date when the Power of Attorney is signed.

In our country, depending on the legal operation or operations required, there are several types of empowerment:.

1. The General Power of Attorney or procuratio omnium bonorum is the empowerment given to the lawyer to perform legal operation for the entire client’s activity. In this category are included conservative and administrative acts.

2. The Special Power of Attorney or procuratio unicus rei is the act in which the solicitor is empowered for:

a) Certain legal operations as: selling or acquisition of certain assets, founding a company in Romania, administering a property etc.

b) A sole legal operation as: the acquisition or mortgaging a building, cashing an amount of money.

Through the special Power of Attorney may also be fulfilled the next tasks:

– Registering in Romania civil status documents and other type of documents – birth certificates, marriage certificates, divorce documents, death certificates.

– Requirements from local authorities as town-halls, The General Passports Direction, The Ministry of Interior, The Ministry of Public Finances, The National Agency for Fiscal Administration and Labor Ministry.

– Update services in law cases where the client is part: information regarding the case, the processual stage, documents, procedure, sentences where if needed.

The Power of Attorney given abroad

Not only the Romanian clients can empower a lawyer for certain legal operations, existing the possibility that both foreign natural and legal persons can empower a Romanian attorney to perform legal operations in Romania.

The foreign clients can empower Romanian solicitors by certifying the Power of Attorney at a Public Notary from their country.

If the respective state is member of the Hague Convention, besides the certification at the Public Notary, it is necessary to be apostilled with apostille from the Hague Convention.

In some countries the apostillation is no longer necessary, due to the fact that the procedure was simplified through bilateral agreements.

If the country is not a member of the Hague Convention it is necessary that the power of Attorney to be over-legalized.

This ceases to produce its effects:

– when the duty is performed;

– at the expiry of the term mentioned in the empowerment;

– the revocation of the mandate;

– attorney’s renunciation;

– the occurrence of certain limitations on capacity to contract;

– at the death of either party.

Should I Hire an Estate Planning Lawyer?

One of the biggest questions many families face is whether or not their loved one should hire an estate planning lawyer or not. Not only are there are a large number of lawyers qualified for this task, but there are likely many friends and family members in your address book who could refer you to one if the question of who to hire comes up. When it comes to ensuring your loved one’s affairs are in order, an estate-planning lawyer is an asset.

Lawyers who are adept in estate planning can help with the following:

Writing wills and trusts: few people realize that, if you are the beneficiary or otherwise listed anywhere else on the will, you cannot sign the will as a witness. This fact is one of the biggest reasons why wills become invalid. Keeping all the documents in order, ensuring they follow the law, and making sure all the signatures are legal are some of the many tasks your estate-planning lawyer will handle. Your estate-planning lawyer will also conduct all updates to your wills and trusts as life changes occur.

Establishing a power of attorney: there are a few different types of powers of attorney, and several reasons why there are differences. This is a confusing reality, particularly if you’re in the middle of a crisis situation. Your lawyer specializing in estate planning will tell you which type of power of attorney is necessary, and which is not. It is very important that you have all the proper documents in order and everything is in place in case there is an emergency.

Retirement planning: the sooner people plan their retirement, the better. Gone are the days of depending on various government benefits to see us through during our golden years. Instead, we must plan in advance. Few people realize estate-planning lawyers play an integral role in retirement planning. Your lawyer will work with your financial planner and other professionals to ensure your plan is properly put together.

Don’t be frustrated if your loved one doesn’t want to hire an estate planning lawyer. This isn’t an uncommon reaction because, often times, individuals believe the end of their days are near and that they’re going to lose control of their property, and they are not going to be able to make they’re own financial decisions any longer. Reassure them that this is not the case, and they will still have full control over all decisions regarding their estate until there is medical need calling for alternate decision making through a power of attorney. Make sure they are also part of the decision making process because it is, after all, their estate in question.

Before making your final decision as to who to hire as your estate-planning lawyer, hold many interviews with lawyers in order to ensure there’s a good rapport and the credentials you want to see are in place. Remember, you are going to be working with this lawyer for a long period of time, as well as their associates, so you must be able to establish a good working relationship with them. If you feel like you can’t get along with them during the interview, contact additional lawyers until you feel confident you’ve made a good long-term decision.

Power Tool Defects

Power tools are extremely powerful pieces of machinery that can be used for complicated construction jobs of varying natures. Because these machines carry so much power, they are also very dangerous if misused or inherently defective. Power tool injuries are more common than one may think. According to a report by the Consumer Products Safety Commission, more than 400,000 emergency room visits and over 200 deaths occur each year due to power tools. Though many of these injuries occur due to human error, others are caused by the products themselves. If a tool is defective or malfunctions during use, the company that created the product may be held liable for any damages that resulted.

Injuries that result from power tools can range in severity from cuts and bruises, to burns, to bone fractures and accidental amputations. In rare cases, these tools can even cause wrongful death. When this happens, it can be devastating for the victim and his or her family. If you have been injured by a power tool that was defective, you deserve justice under the law.

The following list outlines some examples of tools that could be hazardous if they are inherently defective or malfunction during normal use:

Nail guns
Saws (table saws, jig saws, etc.)
Sanders
Grinders
Leaf blowers
Buffers
Welding or soldering torches
Drills

If you are recovering from a power tool injury, you may face a financial burden, including medical bills, costs from rehabilitation and recovery, and lost wages due to missed work. This can be especially injurious to your family if you provide the only income for the household. In addition, you could face physical and emotional pain and suffering, as well. No damages should have to be endured if a company could have been more responsible and prevented the incident. For this reason, they should be made to pay for these damages. The best way to increase your chances of a favorable outcome is by hiring an experienced attorney to represent you. By doing so, you can discuss your case and begin formulating your claim.

Common Causes of Power Tool Injury

Using power tools is crucial to many people’s daily work. These tools can increase efficiency, precision, and the uniformity of a person’s work. In fact, most of modern construction is dependent on power tools and work would move at a much slower pace without them. But many power tools present significant risk of injury, especially when used as often as they may be on a construction site. Injury from a power tool can be both painful and costly. Many injuries can not only necessitate expensive medical procedures, but they may also keep an employee from doing the work they need to do to help pay the bills.

Power tools cover a wide range of functions and purposes and each can present a unique danger to the user. Injuries on construction sites can be caused by anything from a nail gun to a table saw. Each tool threatens the safety of its handler in a different way. A hand drill and a chain saw are completely different tools that will respond differently and can lead to different types of injury.

There are common errors that contribute to the over 400,000 power tool injuries reported each year. The Center for Disease Control has reported that, though many of these injuries victimize weekend warriors, even professional construction workers can be easily injured. Repetitive tasks and fatigue are two of the largest factors in work site injuries. If a person gets too comfortable performing a task with a dangerous tool, they are increasing their likelihood for an accident.

But accidents do happen, and these injuries can be both painful and debilitating. It is crucial to an employee’s recovery that they are awarded all of the workers’ compensation that they are owed. Hiring a workers’ compensation attorney to fight for your proper payment can make a significant difference.

Giving Someone the Power of Attorney

Power of attorney is a legal term in fact. This is a form or a document that is basically legal because it will be notarize by someone in the right position like the lawyers. Power of attorney allows some to have the authority to handle some other person’s business affairs. There are two individuals involve in the process. The first is the principal which will authorize someone to act on his or her behalf. The second person is the agent or the attorney in fact who is appointed to carry out the task of its principal. In the United States, attorney in fact is the common term used; this person must be loyal and most importantly honest in carrying out his or her tasks. The attorney in fact may or may not be paid but for the record most principal would choose someone close to them to act as his or her agent. Usually the principal chooses individuals close to them as the agent because this individual acts as a confidant to the principal.

When making a power of attorney form, you should decide on what type you will use. This form may be limited or special and general. The effectiveness of its power ends when the principal becomes incapacitated or incapable or even before she or he dies. In this case, the principal will be unable to grant the power needed unless the grantor or principal will state and specify that the power of attorney still have its effectiveness even if he or she becomes debilitated. In case when the principal dies, so the effectiveness of the power of attorney ends as well.

There is also the durable power of attorney which encompasses an advance directive that sanctions the attorney in fact. In this position, the agent makes decisions regarding health care of the principal which now happens to be the patient. The decisions would include terminating care; consent to give or not to give any medication or procedure or treatment. An advance directive is very much different with a living will. A living will is a written document stating the patient’s wishes regarding the health condition but this does not allow the agent to make any medical decisions.

In the end, it is really very important to understand power of attorney because giving or assigning this to another individual requires a lot of understanding. Yes, it is very easy to acquire such but then it will all end up when the agent would act upon the power of attorney.