The legal concept of viability, or exactly when it is that life begins, is a hot topic both in and out of the courtroom. In August of 2008, the presidential candidates were attending a forum at the Saddleback Church in Lake Forest, California, when the moderator and church pastor, Rev. Rick Warren, asked the candidates, “At what point does a baby get human rights?” You may remember that then Senator Barack Obama replied to Warren by saying that determining when life begins, is “above his pay grade.” Such an “artful dodge” is no longer acceptable in more and more forums, especially in the courtroom, because determining when to grant an unborn fetus human rights can have profound impact on both criminal and civil litigation.
On one end of the scale is thinking similar to that stated by the American Civil Liberties Union (ACLU) and pro-choice advocates in an article titled, “What’s Wrong with Fetal Rights”. In that article, the group stated, “we have serious reservations about legislation designed to protect fetuses, because it can endanger women’s rights by reinforcing claims of ‘fetal rights’ in the law.” On the other end of the scale would be any embryologist or “pro-life” … Read More... “Viability: The Beginning of Human Life”
In September of 2008, Ohio became one of the first states to make a Next of Kin registration program available to its residents. The Ohio state legislature established the program in response to situations where police and emergency personnel had been unable to locate or contact family members of people who had been fatally injured. Several accidents occurred where people had been severely injured but not killed instantly. Tragically, their relatives were unable to spend time with their injured relatives during their last hours due to the difficulty police had in identifying exactly who to notify.
Driving these days can be very challenging. In addition, technological advances provide their own distractions, leaving drivers trying to split their attention between the road and the gadgets. Many experts believe that driving while texting, or “intextication”, is worse than driving drunk. In fact, studies show that 97.5% of people cannot drive safely while using cell phones. The National Highway Traffic Safety Administration (NHTSA) statistics show that roughly 16 people are killed every day in auto accidents involving a distracted driver, with over 1,300 more injured. In 2008, almost 6,000 people were killed and a half million more were injured by distracted drivers. It was a surprise to me to read a study this month that showed the American teenagers on average send 115 text messages per day. It is no wonder that authorities claim that the significant increases in texting volumes have resulted in thousands of additional road fatalities in the United States!
I generally begin my articles for our Family Blog Web Site with a definition of the topic or subject that I am addressing, and this month’s article will not deviate from that practice. Finance is defined by Webster’s New World Dictionary as being “the science of managing money”. And, Financial Planner is defined by Wikipedia as “a practicing professional who helps people deal with various personal financial issues through proper planning, which includes but is not limited to these major areas: cash flow management, education planning, estate planning, investment planning, risk management and insurance planning, tax planning, estate planning and business succession planning (for business owners). The work engaged in by this professional is commonly known as personal financial planning. In carrying out the planning function, he or she is guided by the financial planning process to create a financial plan – a detailed strategy tailored to a client’s specific situation, for meeting a client’s specific goals.”
You may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.