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Westminster Law Blog

Can your gender affect your car insurance rates?

There are several factors that determine how much a person can be charged for their car insurance. Some of these could include the driver’s accident history, their location, credit score and how old they are. Unfortunately, with so many variables at hand, insurance companies can come up with a myriad of excuses for charging more when they shouldn’t be.

One unfortunate example is a driver’s gender. Depending on the age, car insurance companies may charge the person more based on what letter they have next to “sex” on their license. It is a highly questionable practice that continues to go on to this very day.

Speed, alcohol continue to claim lives on the road

If you are like most people who live and drive in California, you take your responsibility to operate a vehicle safely very seriously. Unfortunately, there are still enough people out there who do not seem to respect their own safety, let alone the safety of others. These drivers make irresponsible and negligent choices when driving as well as before driving. These choices can be the cause of serious and even fatal accidents.

According to the National Highway Traffic Safety Administration's records, alcohol and excessive speed continue to claim many lives on California roads and highways. In 2017, alcohol was a contributing factor in 31 percent of all vehicular deaths statewide. In the previous four years, alcohol was found to be involved in between 27 percent and 29 percent of all fatalities. In Orange County specifically, alcohol was a factor in more than 26 percent of deaths in 2017.

Assigning power of attorney

Like most in Westminster, you no doubt value your independence. Yet an important component of planning for the future is anticipating a time when you may not be in the best position to make decisions for yourself. Whether that be due to your being incapacitated to simply not having sufficient comprehension or understanding, having another in place to assist you can be a real benefit. Many of those who have also come to this realization often ask us here at The Law Firm of Lan Quoc Nguyen & Associates wondering how they can take the first steps towards establishing power of attorney. You will be happy to know that it is a fairly simple process. 

After having selected and conferred with the individual that you would like to endow with power of attorney, your next step is to officially designate him or her as having that responsibility. According to Section 4121 of the California Probate Code, you can do this by documenting your desires in writing, being sure to include the following information: 

  • The date you wish the power of attorney to take effect
  • Your signature (or the signature of an authorized agent)
  • An acknowledgment that the document has been witnessed by a notary public

Wrong-way driver causes fatal accident in San Francisco

The collective comfort that people in Westminster have with traveling in cars may make them forget just how dangerous vehicles can be. One need only witness the devastation caused by a high-speed collision to be reminded of this fact. Yet most might typically attribute car collisions to mistakes or simple carelessness. There are times, however, when people may look to use the devastating potential of a vehicle as a weapon in accomplishing their own purposes. 

That certainly may have been the intent of the driver whose decision to drive the wrong way on a highway outside of San Francisco resulted in a catastrophic accident. The woman began driving the wrong way after exiting the freeway. She ultimately struck two separate vehicles, simultaneously killing herself and one other, while also injuring nine others. Authorities have yet to determine whether the other person who was killed was traveling in the wrong-way vehicle or one of the others that were struck. 

Enforcing non-disclosure agreements

Hiring a new employee is a sure sign of a business' progression. At the same time, it also may come with a certain degree of trepidation given the amount of trust that must be placed on a new hire. It is understandable that business owners in Westminster may be hesitant to divulge their companies' important details with new people; at the same time, a new employee may not be able to perform the functions of their job correctly without such information. A confidentiality (or non-disclosure) agreement might solve this dilemma. 

Per the Cornell Law School, an NDA is a contract a company enters into with either a partnering organization or an individual employee to guarantee the security of its proprietary information. Such an agreement stipulates that any information designated as a "trade secret" cannot be shared without the company's permission. Given the importance that proprietary information plays in helping a business maintain its place in its respective market, it is little wonder that trade secrets are treated with such importance. 

Removing a trustee from office

If your family has significant assets to protect (such as ownership of a family business), then it may be wise to consider placing those assets in a trust to be managed for the benefit of you and all of the other family heirs. Yet what is to say that whomever is chosen as trustee will be up to the task? Many who have bee parties to trusts in Westminster have come to us here at The Law Firm of Lan Quoc Nguyen & Associates concerned over the actions of the trustees in their cases, and questioning whether or not there is a way to remove someone from such a role. You may be happy to hear that there is. 

Section 15642 of the California Probate Code details the circumstances under which a trustee can be removed from their position. These include: 

  • Committing a breach of the trust
  • Being physically, emotionally or financially unfit to fulfill the role
  • Failing or declining to act to preserve trust properties
  • A transfer of trust property being made to the trustee (and the trustee is not married to the settlor or the instrument authorizing it is not verified by an independent party)
  • Being unable to resist fraud or undue influence 

Why do many couples divorce during the first months of the year?

Divorce attorneys often have an influx of clients during January, February and March. These tend to be the peak times where you often find couples unhappy with their marriages and deciding to go their separate ways. It’s only been a few weeks into January and one of the top stories of the month is about a divorce.

These first few months tend not to be the favorite time of the year for a lot of people. The air is colder in California, the sun is not out as often and those with kids do not really get to enjoy summer and winter break. However, there is more to these months than people realize that make it such a popular period to file for divorce. If you are in a rocky relationship, you may want to know why your marriage might meet its end within the next 90 days.

What bad driving habits should I avoid?

It’s a duty of all drivers in California to behave safely and conscientiously when behind the wheel. Along with following traffic rules, motorists must also avoid driving behaviors that can get themselves and others in trouble. Geico explains a little more about these bad habits and what you can do to avoid them.

Not using your signal

How can I recover financially after a divorce?

Not only is divorce emotionally trying, it can also impact your finances. That’s why many divorced couples in California find themselves in debt after divorce, either due to splitting up assets or as a result of child support payments. There is hope however, as explained by USA Today. The following tips can help you recover your finances post-divorce and make your way towards a bright future.

Keep goals small at first

How do guardians and conservators differ?

When an adult is unable to take care of his or her own affairs, the court may appoint a representative to do so. These people are referred to as guardians or conservators, and they are responsible for making essential decisions on behalf of their wards. The Balance explains some of the key differences between the two roles, as well as their essential duties.

Conservators deal with financial issues

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