Irwin Law Office

This page has been up for just a week. Thanks to all of you who took the time to check it out and "like" it!! The courthouses and all law offices remain closed due to Covid19, except for emergency marters. I have applied for a waiver, but it may take a couple of weeks for approval. In the meantime, I'm happy to assist you by phone or email. I can also access my office computer from home... Stay safe and healthy!!

Custody and Visitation Custody and visitation are two of the most emotional and frustrating aspects in the breakup of a marriage. State law and local court rules provide a structured means of resolving custody matters. Those rules vary somewhat from county to county, but generally involve the drafting of petitions and agreements, a conciliation process, child custody evaluations involving trained counselors and psychologists. and, in extreme cases, judicial intervention. Alth...ough the law provides a way of resolving these conflicts, it is important that the parents do everything in their power to work out their differences. The legal issues of custody and visitation last until the children reach adulthood, but both parents will be their children’s parents for their lifetime. Relationships with the children established throughout the marriage will survive only if both parents cooperate with each other reasonably, always being guided by the best interests of the children. Even if the parents cannot communicate about other areas, they must work out ways to communicate about their children. Approached in the correct way, separating parents should view it from the standpoint of the children’s right to a continued relationship with both parents, grandparents and other family members. If you are involved in any custody matter, you should consult an attorney to help you put in writing any agreement you reach and to protect both your rights and your children’s. If you do not have an attorney and have questions about this topic or other legal concerns, please contact me at your convenience.

What is a Power-of-Attorney? Powers-of-attorney may be given to a spouse, adult child, or other family member, to a friend or professional advisor, or to an officer of a financial institution, nursing home or other organization. A general power-of-attorney is a document giving another person the authority to do essentially anything that the individual signing the power can presently do or could not do if the individual becomes incapacitated. The person granting the power must... be a mentally competent adult at the time the document is signed; however, unless provided otherwise in the document, once the power is granted, it continues after any physical or mental incapacity until revoked or until the death of the person. A power-of -attorney can also be limited as to a specific transaction, the type of power being granted, and its duration. A power-of-attorney is distinguished from guardianship. A guardian is appointed by the Court to oversee the person or property of an individual who is mentally or physically incapacitated. This may become necessary if a person requires such supervision or assistance, but did not sign a power-of-attorney prior to the onset of the disability. I power-of-attorney is a much more time and cost efficient means to this end. If you do not have a power-of-attorney, you should consult an attorney to prepare one for you. This can be done quickly and should be relatively inexpensive. If you do not have an attorney and have questions about this topic or other legal concerns, please contact me at your convenience

Should I Incorporate? Incorporation involves certain important legal considerations, as well as various tax consequences. From a legal point of view, incorporation of a business may protect the principal owners of the corporation from personal responsibility for various financial and legal liabilities. On the other hand, the requirements of operating within the corporate format impose specific legal reporting duties, tax consequences, and other responsibilities that differ fr...om those imposed on a partnership or sole proprietorship. Therefore, the decision to incorporate a small business is an important matter that should be discussed with your attorney and your accountant. Those discussions should involve the specific goals which will be affected by the type of business format on which you decide. For instance, if the primary goal is protection from liability, the corporate form may be advisable even if it may create additional tax consequences. However, after thoroughly discussing your plans and goals with a professional, you may decide that a partnership or limited liability company adequately serves your needs. You should be sure to have drafted an agreement between the incorporators and stockholders, partners, or members of the company. The purpose of this agreement is to carefully define the various rights, duties, ownership interests, and division of liabilities of the parties to the business enterprise. If you do not have an attorney and have questions about this topic or other legal concerns, please contact me at your convenience.