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What to Know About Adult Guardianship

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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.

At Davis, Upton and Palumbo LLC, we strive to exceed expectations for every client, in every case, every day. To learn more about our practice click here or contact us today.

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What Does Breach of Contract Mean?

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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.

Other Damages

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 Underinsured or Uninsured Motorist Coverage?

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What is Underinsured or Uninsured Coverage?

This week, Mark J. Palumbo explains Underinsured and Uninsured Coverage. When reviewing your auto insurance policy, it is important to understand that your coverage can vary based on your policy. Uninsured coverage protects you from drivers that have no insurance. On the other hand, Underinsured coverage helps protect you if you are hit by another driver that does not have enough insurance to cover your damages.

We here at Davis, Upton & Palumbo LLC, strive to obtain the compensation to which you are entitled. If you need assistance, advice on your coverage, or just want to learn more about our services on Motor Vehicle Accidents,
click here or contact us today! Read more

Meet Denise Bowman

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About Denise Bowman

Denise Bowman has been a practicing attorney for over 25 years. She is licensed in the state of Maryland and the District of Columbia. Denise made her transition to Davis, Upton & Palumbo, LLC in 2016 when she decided she wanted to work in the community where she has lived with her husband, raised a family and where all of her friends and family are. It is a passion of Denise’s to give back to her community the way she has throughout the state of Maryland. She joined Davis, Upton & Palumbo because they live by the motto “exceeding expectations” and that is important to her as she wants her clients to know that she has done the best she can do for them.

Practice Areas
  • Corporate
  • Business
  • Transnational
  • Real Estate
  • Litigation

Denise is involved in a number of professional associations and has served the community with several professional appointments over the years. Currently, Denise serves as a Mediator for the District Court of Maryland Prince George’s County Alternative Dispute Resolution Program and is a Member of the Trial Courts Judicial Nominating Commission for Commission District Thirteen – Prince George’s County. To learn more about Denise Bowman click here or contact us today.

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What is a Suspended Sentence?

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What is a Suspended Sentence?

During criminal cases, often times a judge will impose a suspended sentence. A suspended sentence is an opportunity for a judge to impose a sentence but not make the person serve that full amount of time.

Example

A common example of a suspended sentence is when someone is charged with a DWI. If the max penalty for a DWI is one year, the judge can impose a one year sentence but suspend all but 30 days. This means the person will only have to serve 30 days out of the one year sentence.

However, the court will put that person on probation for a period of time. If the terms of the probation are violated then they will go back and serve the remaining 11 months of the sentence. Mark Palumbo always recommends complying with the terms of probation or you will risk going back and serving the remainder of the suspended sentence.

At Davis, Upton & Palumbo LLC, our criminal defense attorneys have many years of experience defending clients in criminal and traffic cases. We spend the time needed to make sure you understand the legal process and the penalties you face if convicted. We will advise you about the options available to you. To learn more about our practice areas

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How Can I Change a Will?

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How Can you Change a Will?

When you need to change your will, there are a few ways that you can accomplish your goal depending on your circumstances.

Execute a New Will

The first way you can change your will is to execute a new will. If the changes to be made are major, it would be advisable to make an entirely new will to avoid any confusion. The first clause will always revoke any old wills, thus making the current one the only enforceable will.

Add a Codicil

The second way to change your will is by adding a codicil, which is generally recommended when there are minor changes to be made. A codicil is similar to an amendment or addition to your will. A codicil is used to revoke part of your will or add a new provision. To be valid, they must be dated, signed and witnessed just like a legal will.

Revoke a Will

Lastly, if there is a section of your will you want to revoke it is not valid to cross it out. However, physically tearing up a will can validly revoke it, provided it was your intention to revoke the will. If no new will is made to take place of the destroyed one, then what happens to your property will be determined by rules set down by statute which may not be what you wish to happen.

At Davis, Upton & Palumbo LLC, our Estate Planning Attorneys will explain your options to you and assist you in making what can sometimes be very difficult choices. To learn more about our Will and Probate practice area click here or contact us today!

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What are Conflicts of Interest?

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What are Conflicts of Interest?

When a potential client contacts Davis, Upton & Palumbo, LLC, the first thing we do is preform a conflict of interest check. An attorney can not represent  someone if  a conflict of interest exists.

Why are Conflict Checks Performed?

A conflict exists when a legal representation of one client is directly adverse to the representation of another client. It also exits if there is significant risk that the representation of one or more clients will be substantially limited by the attorneys responsibilities to a former client, current client, third party or the attorneys own personal interest.

Example

A very common example of a conflict of interest is when two spouses are seeking a divorce. We can not represent both husband and wife, each will have to have separate representation from different firms.

At Davis, Upton & Palumbo LLC, our Mission is to Exceed Your Expectations in all that we do. Our firm is organized into specific legal Practice Groups to allow our individual attorneys and staff to develop extensive experience in selected areas of the law. If you’d like to learn more about our practice areas click here or contact us today!

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