Lawyer

If you have been charged with a traffic offence such as drink driving, you may have your driver’s licence suspended immediately. What does this mean? Here at Drink Driver Lawyers, we know how stressful this time can be, so we’ve put together this post to share everything you need to know about an immediate driving suspension.

Here is a basic rundown of what happens when you get caught drink driving.

1. The Police will ask you to provide a sample of your breath via a roadside breathalyser.
2. If the breathalyser indicates that you are over the legal limit, you will be under arrest and transported back to the Police station.
3. A second sample is taken of your breath using a more accurate breathalyser.
4. You will be given a notice to appear in court and an immediate notice of driver licence suspension for either 24 hours or until your court date.
5. You mustn’t drive home from the Police station, arrange for someone to come pick you up, as even sitting in your car while still over the legal alcohol limit can see you charged again.

Your charge

Whether you will be suspended immediately for 24 hours or until your court date will depend on the offence you have been charged with. Here is a rundown of some common scenarios:

Typically, when it comes to drink driving charges, your driver’s licence will be suspended immediately by Police for 24 hours. If you have been charged with a low-range drink driving offence, your BAC must have been over 0.00 but under 0.05 for learner or provisional drivers, and over 0.05 but under 0.10 for open licence holders. After the 24-hour suspension, you can resume driving as normal until your court date where the Magistrate will determine your official disqualification period and your fine.

You will be suspended immediately by Police if you have a mid-range or high-range BAC. A mid-range BAC is between 0.10 and 0.149, and a high-range BAC is 0.15 or over. The suspension will remain in place until your court date where you will be formally charged and suspended. The Magistrate will generally factor in how long you have already been without a licence when deciding on your disqualification period.

If the Police have pulled you over and you refuse to give a saliva, breath, or blood sample, you will be charged with a high range drink driving charge regardless of whether you are over the limit or not. Your driver’s licence will be automatically suspended until your matter is dealt with in court. This offence normally carries harsh penalties, and the maximum penalty is a fine of $5,000 or 6 months imprisonment.

Driving dangerously while under the influence of alcohol will result in an immediate suspension. It is considered a serious offence and more so if someone is injured or dies as a result. Hefty fines, penalties and even imprisonment are typically involved. If it can be proven that you have committed dangerous driving while under the influence, a minimum of 6 months disqualification period is expected, although it is generally longer.

Can I apply for a work licence?

If you need your licence while waiting to appear in court, you may be able to submit a Section 79E Application to the court to return your licence. If you would like to do this, it’s best to seek legal advice as soon as you can after your immediate disqualification to discuss your options and to start the process. Not getting on to this quickly will only see you without a licence for longer as it can take weeks to get this dealt with.

What happens if I am caught driving under Police suspension?

The court has very little tolerance for offences such as this. If you have been immediately suspended from driving and then drive and get caught, you will lose your licence for 2 years at the minimum, plus the additional time for your drink driving charge will be added to this. Not having a licence for years can have a huge impact on your ability to maintain employment and to complete everyday tasks such as going to the shops or visiting a friend. If you have been arrested for drink driving, make sure you clarify any uncertainties you have about your immediate suspension with the Police to ensure you aren’t breaking the law.

It’s not only a car you can get caught drink driving in

Many assume that you can only get charged with a drink driving offence if you are driving a vehicle however, this couldn’t be further from the truth. Essentially, you can be charged with a drink driving offence for operating any mode of transport that has wheels. This includes bicycles, tractors and four-wheelers. Other modes of transport include driving a boat or jet ski.

If you have been immediately suspended from driving by Police for a drink driving offence, you don’t have to navigate your way through the legal process on your own. Our team here at Drink Driver Lawyers are experts in this area of the law and have successfully kept more than 1,500 Queenslanders on the road. We can help you understand the legal jargon and assist you with a work licence or submitting a Section 79E Application to ensure you get your licence back as soon as possible. Contact us today for more information!

From drafting contracts to dealing with claims, an Arizona construction lawyer can help those in the construction industry deal with all things construction law.

There are many reasons and benefits to investing in a construction law lawyer, especially if you are involved in a number of construction projects.

When to use a Construction Lawyer

When you are looking for advice and guidance on a construction law matter, turn to a construction lawyer who knows about all things construction law. If you are in the construction industry, you should have a construction lawyer to turn to, but when will you really need them?

Every project needs a contract and a construction lawyer can take the lead in drafting and reviewing contracts. Construction lawyers can also assist when there is:

–           A contract dispute

–           A breach of contract

–           Delays in a project

–           Defects in a project (construction defect claim)

A construction lawyer can also help with construction liens and any claims that need to be filed. In addition, a construction lawyer can help with:

–           Scheduling construction projects

–           Budgeting construction projects

–           Ensure all requirements are met on every construction project

–           Protecting payments

–           Assisting with insurance and bonding agreements

–           Preparing and reviewing any documents needed for loans

Finding the Right Construction Lawyer

You don’t want to work with just any lawyer, you want to work with a lawyer who specializes in construction law. A lawyer who specializes in construction law should be experienced and know the construction laws in your state.

Reviews and referrals don’t lie. This is going to be your best bet when finding the right construction lawyer. If your peers don’t have any referrals, then rely on online reviews. A good lawyer is going to have plenty of reviews to back up their work.

Set-up a consultation with the lawyer you are interested in. Make sure that you are going to work well with them and that there will be no lack of communication. Once you find the lawyer that you feel is going be the best for you, it is time to move forward.

Always be honest and upfront with your lawyer. Remember, they are on YOUR side. If you can’t be honest with your lawyer, you are not going to get the best outcome. It is always a good idea to create a strong rapport with your lawyer so that they can be the go to person when you need them.

When we are sick, we trust that our doctors, hospitals, and other healthcare workers will help us get better. We don’t expect a doctor, nurse, or any healthcare professional will commit a wrongdoing or act negligently leading to injuries or death. Sadly, cases of medical negligence in New York cause traumatic injuries or death in patients who placed their trust in a doctor, hospital, or healthcare provider.

Yes, you know that your medical provider committed malpractice, but what do you do? Medical malpractice cases and claims are the most difficult to file and argue in court, therefore, never do it on your own. Below are the first steps to take in a medical malpractice case.

1.   Hire a Medical Malpractice Lawyer

If you believe that your injuries were due to medical negligence, contact a competent law firm like Powers & Santola LLP for legal advice. Trying to file and argue the case by yourself will only be counterproductive.

For instance, the attorney will help you file a case before the statute of limitations is up. Further, they know the right court processes and documents to present before a judge and counter the arguments of opposing lawyers in the case.

Having a lawyer on your side is your best bet of getting the rightful compensation for your injuries.

2.   Get Your Medical Records

The medical records or documentation are a necessity in proving your case. The content in these documents can make or break your case. And remember, these documents are held under doctor-patient confidentiality. Therefore, you should obtain them yourself or sign a privacy waiver allowing the attorney to get the records for you.

The medical records give your lawyer an in-depth understanding of your case. It also allows them to seek a second opinion from a competent doctor. If the medical experts find out that the treatment you got did not meet the standard level of care, is a plus for your case.

3.   Contact The Insurance Company

Your attorney should contact the hospital and the insurance company of your intent to file a lawsuit for medical negligence. And yes, the case can be settled at this stage without the need to file a formal suit in court.

However, you should be careful of early settlement proposals. In most cases, the amount is below the compensation amount you deserve. Now you see why you need an attorney; they’ll ensure you don’t accept an offer less than what you deserve.

4.   File an Official Complaint

An official complaint is a document that cites all the allegations you’re bringing against a doctor or hospital for negligence. The complaint is what triggers a lawsuit to start shortly afterward.

And yes, this process is difficult unless you know when and how to file this complaint. A competent attorney will easily handle this case better than you. Remember, filing complaints is their job, they went to school and got trained to do this.

Filing an official complaint is a critical step in your quest for compensation. As earlier stated, it triggers the lawsuit process, and hence the need to ensure it is done correctly as it directly impacts your case.

Conclusion

The last thing anyone wishes for is to suffer injuries due to medical negligence. If this happens, then the patient deserves fair compensation for the pain and losses. All this is dependent on the strength of your case in court. 

Brexit has sown a great deal of unpredictability between the EU and the UK, and this uncertainty only becomes more blatant in transnational litigation. Companies on both sides face difficulties when it comes to enforcing the judgements made in civil disputes, but according to an international arbitrator in Hungary, arbitration may just be the solution they should be looking for.

Read on to find out why!

An international law firm in Hungary points out the legal issues and uncertainties that Brexit brought

Before Brexit took place, and the United Kingdom was still part of the European Union, companies in Britain could enjoy the full range of the transparency offered by the EU’s well-established civil conflict resolution structure, whenever they had to resolve their legal issues with other companies overseas. Among other things, the EU’s legal framework covered the recognition of judgements made by EU member state courts.

However, this transparency and predictability is now non-existent.

After a long period of uncertain negotiations, both governments finally concluded an agreement in the form of the TCA (Trade and Cooperation Agreement). Thanks to this, the EU and the UK managed to avoid the difficulties that would have arisen from a “hard Brexit”.

Still, not all issues were resolved, as the TCA makes no mention about the legal reciprocity of civil disputes between European and British companies.  The agreement made by the EU and the UK still covers judicial cooperation in criminal matters but does not touch upon the issue of civil disputes.

The TCA alone is not enough of a solution according to an international firm in Hungary

There is now much less certainty concerning the mutual recognition of judgements made in transnational litigation. For example, a German company would not have any guarantees about being able to enforce a cross-border judgement made in the UK, and vice-versa. As such, even if a party manages to prevail through a civil dispute with another foreign company, victory would still be far from assured.

This is further complicated by the fact that UK courts are now unable to apply European Union law, except in specific circumstances that are either determined by the TCA, or allowed by dome other domestic legislation.

Why does an international law firm in Hungary suggest arbitration as a solution for civil disputes?

The good news is that despite all the uncertainty surrounding civil disputes, there is a way around for both European and British companies. Specifically, the validity of arbitration clauses still remains untouched by Brexit. This is because the enforcement of civil disputes resolved through arbitration is governed by an international treaty that exists outside of the scope of the EU, and such, its legitimacy is not diminished in the slightest by Brexit.

This means that thanks to professional arbitration attorneys provided by international law firms in countries like Hungary, companies in the UK and EU can still have access to a flexible and reliable method to resolve their legal disputes!

Nobody expects to get divorced after marriage, but sometimes things don’t work out the way you plan and you unfortunately end up with no other option. The divorce process is stressful and involves a lot of emotions – especially when there are children, shared properties, and a whole host of other issues. With the help of an experienced family lawyer, however, you can make this process much less tiresome.

You will need to make a lot of decisions at this point that will impact your life and that of your children. So, it will be of critical importance to get a divorce lawyer who understands family law well. Discover below the important reasons for why you need to take hiring a divorce lawyer seriously.

A Lawyer Reduces Emotional Stress

Filing for a divorce and dealing with the process can be one of the most stressful and emotional times of your life. A divorce lawyer will help you deal with this stress and represent you in all court processes, such that you have ample time to deal with other familial matters throughout the duration of the case. The court process can also be extremely complicated – combining this with your current situation could take a heavy toll on your health. A lawyer is therefore critical to reducing your stress burden.

To Get Objective Opinion 

This is an emotionally sensitive period and you will be experiencing all kinds of feelings from betrayal, sadness, confusion, depression, and many others. Sometimes these emotions are too strong such that it can be hard to view your case in an objective manner. The emotions will hinder your productivity both in court and in your general life. You may also be unable to make wise decisions that could ultimately harm your case. So, to ensure these emotions do not overwhelm you, you need a neutral party to represent you. A divorce lawyer is able to remain objective towards your case and help you make rational decisions.

The Lawyer Will Handle the Paperwork

Divorce cases involve a lot of paperwork and unless you are familiar with family law, you might not know what to include or how to fill out your paperwork properly. Knowing the documents to file for your case and all the information can be a bit challenging. Submitting the wrong details could also be harmful to your case. This is why you need an experienced professional to handle the paperwork. Experienced divorce lawyers have been doing this for a long time. They know every document that will be necessary to facilitate your case. They know how to fill the documents in a precise and persuasive way to help give you the victory you need.

The Attorney Can Give You Options You Didn’t Know

Sometimes there are other better options that you might not be aware of. Some may be better than what you may be currently focusing on. Your lawyer can help you understand all of these options. In some cases, you and your spouse may not need to go to court to settle your divorce. A lawyer can provide you with alternatives should you wish not to go this route.

In Conclusion 

These are important reasons why hiring a good divorce lawyer should be taken very seriously. The lawyer will support you through the whole process by representing you in court, handling paperwork, helping you cope with stress, and making the necessary negotiations on your behalf. So, in conclusion, if you are getting a divorce, strongly consider hiring a reputable divorce lawyer.

Hospitals, medical practitioners, and pharmaceutical companies can be responsible if you sustain injuries due to medical malpractice; thus, you are entitled to compensation.

Here is all you need to understand about medical malpractice lawsuits.

What are the possible prescription drug errors?

There are several prescription drug errors you can encounter, such as :

•         Wrong medication or dosage

The physicians and nurses are responsible for giving proper medication depending on your condition. They can, however, fail to provide the proper medication due to various reasons like wrong documentation and recording.

Wrong administration of the drug is another concern. For example, a drug that is to be injected into the muscle will affect the body when injected into the bloodstream.

A physician can also be held liable for wrong spelling and lousy handwriting, leading to the wrong prescription.

•         Prescribing harmful medication

It’s the pharmacist’s role to prescribe you error-free drugs. They should understand your allergies and establish whether you are taking other drugs.

The pharmacist is liable if they fail to establish facts and prescribe harmful medication.

•         Lack of warning for side effects

Various drugs come with side effects which the physician must inform you about. The nurse should advise on the side effects and proper eating habits when taking the given medication.

•         Mislabeling medication

Mislabeling medication can cause wrong medication or dosage. The pharmacist must ensure correct labeling before handing you the medication.

•         Administering medication to the wrong person

A pharmacist error can lead to a patient receiving medication that was meant for someone else.

Who is Liable for Medication Errors Injuries?

The liable party in case of an injury resulting from medication errors varies depending on the circumstances. The possible liable parties include;

•         Nurses and other medical workers

The nurses and other medical workers are responsible for proper dosage and correct administration. They are liable for wrong medication and dosage resulting from their failure.

•         Prescribing doctor

A doctor is responsible for the resulting injuries if they prescribe the wrong medication or dosage. The doctor is also liable if they misspell the drug or use bad handwriting leading to wrong medication.

•         Pharmacists

A pharmacist is liable if they give you the wrong dosage and wrong labelled medication.

•         Pharmaceutical companies

Drug companies are responsible for the drug effects. The companies are liable whether they intentionally or accidentally fail to point out the possible side effects. For example, the Xeljanz lawsuit implicates Pfizer, a drug manufacturing company, for defects on the arthritis drug.

•         Medical institutions

The medical institution is liable for your injuries if its actions contributed to the medical malpractice. One of the possible cases is when the hospital hires unqualified staff or overworks staff. Failure to provide the necessary medical equipment is another failure for the medical institution.

What to do in case of medical malpractice?

Once you establish medical malpractice, the next step is to file a medical malpractice lawsuit. Contact a personal injury lawyer to help you ascertain that the mistakes warrant legal action.

You will then sue for;

•         Breach of duty – a healthcare provider is in breach of duty if they fail to perform to the required standards leading to the injury. The healthcare provider must establish your medication history and allergies.
•         Duty of care – a patient and a medical practitioner have a contractual relationship for the best standards of care. Medical malpractice is a breach of the agreement.
•         Causation – you have to prove your injuries are a result of the medical practitioner’s negligence.
•         Damages – demonstrate that the medical malpractice caused you emotional and economic damage. Long-lasting physical injuries allow you non-economic compensation claims.

Conclusion

Sustaining injuries due to medical malpractice can lead to lifelong misery. You can, however, work with a personal injury lawyer to get compensation for damages and other expenses. 

When you’re facing any kind of criminal charges, you’ll undoubtedly need the assistance of an experienced criminal defense lawyer!

When an individual is facing a criminal charge, there’s no doubt about it that they need to be as prepared as possible by the time their court date arrives. A lot of defendants that represent themselves will lose their case due to a lack of awareness when it comes to certain court procedures, legal technicalities and the overall development of their case. But this is where criminal defense law firms like Summit Defense come in to make things much easier on people facing criminal charges, and it’s important for everyone to realize just how crucial of an investment it is when you hire expert legal representation.

Representing yourself in court simply is a disaster waiting to happen no matter what you’ve been charged with; and your attorney will be more than capable of efficiently deciphering the best course of legal action within your unique scenario, and utilize the best arguments/factors that will support your efforts in being acquitted or removing the charges against you.

Below are some of the many reasons why you really need to seek legal assistance from an experienced criminal defense lawyer:

1.Your Criminal Defense Lawyer Has A Thorough Understanding Of The Legal System

It’s first and foremost necessary to recognize that your defense attorney will have an incredible amount of knowledge when it comes to the judicial system, and that the lawyer’s expertise will far exceed your own. There’s no doubt about it that the legal system is extremely complex, so you’re going to need a professional who understands the intricate workings within court systems in order to obtain a favorable outcome.

2. Properly Following Court Proceedings

It’s important to realize that your defense lawyer’s job starts way before you enter a courtroom, because there’s always going to be a tremendous amount of paperwork involved when properly establishing and processing your defense through necessary legal documents.

There are countless legal hurdles that a prosecutor will potentially utilize as leverage against you when you’re facing criminal charges, so having an experienced defense attorney in your corner will help you better ensure that you’re following court procedures and putting your case in a better position for a potential plea bargain or acquittal.

3. Criminal Defense Lawyers Have Working Relationships With Prosecutors

One of the most important benefits of hiring a criminal defense lawyer is the simple fact that they’ve inevitably developed long-lasting relationships with prosecutors throughout their years in the legal field. It’s actually an important aspect of being a defense attorney to develop working relationships with their counterparts, and this is mainly because both prosecutors and defense lawyers understand that their jobs will be much easier when they work together within many unique scenarios.

The relationship between your attorney and local prosecutors will undoubtedly go a long way towards your most favorable outcome, including the potential for a better plea deal or more affordable bond amount. Your defense lawyer will be your spokesperson within these negotiations, and some familiarity and cordiality will be essential when trying to neutralize rather heated circumstances.

Your attorney’s working relationships also apply to judges, because it’s likely that they’ll know the best strategies to utilize with particular judges.

4. Providing You With A More Comprehensive Examination Of Your Case’s Evidence

It’s important to realize that the prosecutors reviewing your criminal charges will have plenty of experts at their disposal if they need credible assistance in reviewing and analyzing your case’s evidence, which is why you’ll undoubtedly need a legal expert to support you. Experienced criminal defense lawyers will have an acute eye when it comes to catching illegally collected evidence that would tamper the integrity of a prosecutor’s case, and they’ll also know exactly how to handle expert testimonies that tend to exaggerate or stretch the truth.

A comprehensive examination of the evidence and prosecutor’s witnesses will always be needed to back your defense up, and you can also always benefit from a defense firm’s connections throughout a whole variety of relevant industries. The connections that your attorney has will surely bolster the strength of your evidence as a defendant.

5. Reaping The Benefits Of Expert Legal Advice

Every experienced defense attorney will understand the parameters permeating within your case and know how to deal with your charges, and the very best defense lawyers will very efficiently be able to advise you towards your best course for legal action. Your attorney will know how to make the most out of the law and what it provides within the confides of your best interests, and they’ll also thoroughly understand the intricacies of the law and the legal system.

Your attorney will also be capable of collecting the evidence that’s needed to disprove wrong allegations, and also identify any weaknesses with your case that will need to be supported or hidden.

6. Properly Protecting Your Future

There’s no denying that your life’s entire future is on the line when you’re facing criminal charges, and the potential for dramatic changes in your life if you’re found guilty is something that you must fight against at all costs. There are countless consequences besides time in prison associated with a failure to properly defend yourself, and having a criminal defense specialist on your side will put you in the best position to keep your criminal record clean.

You’ll of course need to keep your unique circumstances in mind, but your attorney will almost always be capable of reducing charges, having your potential penalties lessened, or even having your case completely dismissed.

So when you hire a criminal defense lawyer, you’re also subsequently putting your future in good hands.

7. Helping You Consider Your Best Settlement Options

Having a legal expert assist you in weighing out your best plea deal options is always a huge benefit of hiring legal representation, and your attorney will always support you in helping you understand what your best options are.

But more importantly, they’ll be your go-to spokesperson during the negotiation process with prosecutors. Knowing the consequences of either taking a deal or going to trial can be a lot easier said than done, and your lawyer will help you better understand the pros and cons of each option.

Always Be Sure To Speak With A Criminal Defense Lawyer When You’re Facing Charges

It’s never a good situation to be facing criminal charges of any kind, but defending yourself will only make matters much worse. So be sure to reach out legal specialists in your local area and obtain a free consultation to better understand who is the right person for your case.

A car accident can range from a minor fender-bender to one that leaves you in pain and without a vehicle. Not only has your life been interrupted from its routine, but now you are hurt and need to get treatment. Then this happens: You attempt to schedule an appointment with a doctor only to be told they don’t accept or treat victims of car accidents. Some people are even rejected by their primary care physician, while others are rejected by the very doctors they were referred to after being treated in the emergency room. In our experience, we have seen injured individuals make the appointment, arrive to complete all the appropriate paperwork, be seated in a patient exam room to give their history to the medical assistant or office nurse only to literally be walked-out of the physician’s office and told they don’t treat victims of car accidents. Wasted time, wasted energy, and you are still suffering.

It happens more than most people realize, but doctors everywhere are exercising their right to refuse service to victims of car accidents. Suggested reasoning ranges from delayed or denied reimbursement for services to the physician’s potential to testify on behalf of their patient as to the extent of injuries, expected course of treatment, and causal relation between the wreck and injuries. Health insurance companies are generally bound to cover the patient’s medical expenses. They have a sophisticated department or subcontractor that tracks the patient’s third-party liability claim for reimbursement out of the recovery from the negligent or liability insurance company.  Additionally, 95% of cases settle before trial.  Thus, the suggested reasoning does not appear to justify the zero-tolerance against treating car accident victims with personal injuries.  In the few instances when there have been issues of delay or denial, we worked with our clients, their health insurance company, and the provider to smooth out the process of correcting the delay or denial.

Unfortunately, no databank exists that would allow patients to tap into that would provide a list of doctors who are willing to treat victims of car accidents. Alternatively, there is no similar list of those doctors who refuse to treat such victims.

You are left at square one, still hurting and perhaps still without transportation. If you or a loved one finds yourself the victim of a car accident, speaking to a car accident attorney can be very useful and informative. The attorneys at The Law Offices of Reynolds & Reynolds, PLLC provide excellent and caring personal injury representation and are available to speak with you about your accident and injuries today.

Zantac is a popular drug that is available for the masses on over the top counters which are used to treat acid reflux and heartburn issues. In 2019, FTA discovered that Zantac contains high levels of NDMA.

What is NDMA?

NDMA is a carcinogen, a substance that is capable of inducing cancer. NDMA is used for research purposes to study cancer in animals. NDMA is a toxic substance that was never mentioned in the packaging of the drug and the issue that they never revealed becomes a problematic area for the manufacturers.

Since Zantac was used by millions of people across the country without knowing that they were poisoning themselves with a dangerous substance known as NDMA, and the fact that the makers of the drug didn’t disclose the substance on the packaging, and the evidence that it has led to many people falling to various types of cancer such as stomach cancer and bladder cancer to name a few as there are more. Because of these reasons, people can file lawsuits against the manufacturer as well as the distributor for compromising their customer’s health.

Zantac lawsuits

Zantac lawsuits are claims of compensation that you can file against the manufacturer for wrongly distributing a drug containing a dangerous substance that induces cancer. Many lawsuits are being filed by people across the country and anyone who has experienced health-related issues after treating themselves with Zantac is eligible to file for a claim.

Who and how can you file for a lawsuit?

People who were diagnosed with cancer can file for Zantac lawsuits by proving that they were regular users of the drug by showing any evidence that links both the situation such as prescription bills. Other evidence you might need to establish the connection between your use and cancer would be the fact that you had been diagnosed with cancer following the use of Zantac, and the fact that you were diagnosed with cancer because of your long-time usage of the drug. If you can prove the following situations, then you will have the right to file lawsuits and sue the company who made it and sold it.

People who were caught in organ illness such as damaged liver or kidney can also file a lawsuit against the makers of the drug. They are liable for not being transparent with their customers and their negligence became a cause for a life-threatening situation for its users. Therefore, people who were injured by using Zantac can file a personal injury lawsuit and sue the companies and their distributors and claim compensation for the amount of money they invested in treating their injury.

If you or your loved one had been on the receiving end of the Zantac drug situation, then you should contact your lawyers and file Zantac lawsuits against the people who made them and sold them and have compensation for the amount of money you invested to get out of such a life-threatening situation.

When you are considering disability planning options, Henson Trusts will likely come up at some point. Here are some pros and cons to this possible course of action of which you need to be aware.

Advantages of a Henson Trust

A Beneficiary Can Receive Public Benefits

The first major advantage of the Henson Trust is the obvious one, and it is the reason why people set it up in the first place. It allows for a beneficiary to receive public benefits without having to use the money that is placed in the trust. Normally, public authorities will have a means test for public benefit, and that money would count against the beneficiary. The usual limit on assets is $40,000. The Henson Trust takes the money out of the beneficiary’s control and puts it in the hands of the trustee. This essentially removes their legal ownership of the assets.

The Beneficiary Will Be Provided for During Their Lifetime

The Henson Trust will also ensure that the beneficiary is provided for over the course of their lifetime. The assets in the trust can be used for the benefit of the person with special needs, and it will improve their quality of life. This could include care and other material support that they need to have a better situation. The trustee is free to use these assets for the benefit of the person with special needs as they see fit, thanks to the absolute discretion that they have.

With the money in the trust, the beneficiary will always be provided for, so long as there are still assets. This is an invaluable way for families to know that their disabled loved ones will be taken care of long after they are gone. Families can place an unlimited amount of money in a Henson Trust, and it will give them peace of mind.

The other important reason for a trust other than preserving benefits, is for when the person cannot manage the inheritance themselves or would be vulnerable, manipulated or abused, therefore, requiring a trustee. There are also certain cases when the person is not on ODSP but still needs a trust to manage their inheritance.

The Tax Rates on Trust Income Are Lower

There are also tax advantages of placing assets in a Henson Trust. Presumably, the trustee will be investing the money and using it to earn dividends or other investment income. In the case of a regular inter vivos trust, the tax rate will be the highest marginal rate, and there could be quite a tax hit when there is income. Henson Trusts allow for the beneficiary’s income to be used as a base for the tax rate. Considering that there are strict income limits that govern the receipt of public benefits, it ensures that the tax rate will be very low.

Drawbacks to a Henson Trust

While many people find Henson Trusts to be beneficial for the reasons stated above, here are some things that may give them concern.

The Trustee Has Wide Discretion

One of the major possible drawbacks of Henson Trusts will not always be a problem. The trustee is given an incredible amount of power over the money as they have absolute discretion over the assets. They can invest them as they see fit and provide for the beneficiary as they choose. The settlor is showing a very high degree of confidence in the trustee that they will both be smart with the assets and take care of the beneficiary. In most cases, this is not a problem, but it can be an issue if the settlor ends up choosing the wrong person as trustee.

The Laws Change Frequently

Another possible disadvantage is the fact that the laws of Henson Trusts seem to change frequently. Every so often, one of the provinces may even try to mount an attack on the legality of these trusts as they cost governments money. ODSP could alter the rules for eligibility for public benefits, including those on distributions and purposes for which the money may be used. The good news is that one province tried to challenge the legality of Henson Trusts. In 2018, the Canadian Supreme Court reaffirmed their legality, so they are seemingly here to stay, albeit with the possibility of changed rules. A Henson Trust lawyer could advise you of the current legal rules that could affect your disability planning.

There Could Be High Costs

Finally, the costs of establishing and operating a Henson Trust could eat into the assets. While Henson Trusts provide valuable benefits, there is a fee to establish the trust. In addition, many settlors will decide that the best way to manage the money is to hire a professional trustee. While this may maximize the investment performance, you would pay a percentage of the assets each year as fees. In addition, you would also need to prepare tax returns and will have other administrative requirements, each of which cost money; however, many families find that the ability of the beneficiary to receive public benefits far outweighs the costs of the trust.