BERYS LAW | Business, Real Estate, Wills/Trusts

Life is unpredictable, and unforeseen circumstances can arise where individuals may become unable to make their own medical decisions. 

In such situations, having a Medical Power of Attorney (MPOA) is a crucial legal document that empowers individuals to appoint a trusted representative to make healthcare decisions on their behalf. In this article, we'll dive into the significance of a Medical Power of Attorney and how it plays a pivotal role in ensuring individuals receive the medical care they would want.

What Is a Medical Power of Attorney?

A Medical Power of Attorney is a legal document that grants someone the authority to make healthcare decisions for an individual in the event they become incapacitated or unable to communicate their wishes. 

This appointed individual is commonly known as a healthcare proxy or agent. The scope of authority given to the healthcare proxy can be as broad or as specific as the individual wishes, and it typically includes decisions regarding medica...

Acquiring an existing business can be a strategic move. It offers a shortcut to entrepreneurship by stepping into a pre-established enterprise. However, the process is not without its challenges, which is why careful attention to legal considerations is a must. 

If you’re looking to buy a business, this guide dives into some legal considerations you should know. 

Due Diligence is Non-Negotiable

Before entering into any agreement, conduct thorough due diligence. This means doing a comprehensive examination of the business's financial records, contracts, liabilities, and legal standing. 

Investigate outstanding debts, pending litigation, and any potential regulatory compliance issues. You will also have to engage professionals such as accountants, business appraisers, and legal advisors during this phase to ensure that you are fully informed about the business's current state.

Structure the Deal Appropriately

Choosing the right structure for the acquisition is another legal conside...

Commercial properties may share certain similarities with residential properties such as leasing agreements and tenants, but they also present a distinctive array of challenges that impact the responsibilities of a commercial property manager.

From large office buildings to retail spaces and industrial complexes, commercial property managers face complexities that extend beyond those encountered in residential property management. What key challenges are involved, and how can property managers handle them? Find out below.  

Tenant Diversification and Lease Complexity

One of the foremost challenges in commercial property management is dealing with a diverse range of tenants, each with unique needs and lease agreements. Commercial leases are often more complex than residential leases, with variations such as triple net leases and varying terms. Managing these diverse lease agreements while maintaining compliance poses a continuous challenge.

Read more: How To Negotiate A Commercial L...

Estate planning is a meticulous process — it demands the careful consideration of assets, beneficiaries, and distribution of one's legacy. When blended families enter the equation, more layers of complexity arise. Considering these potential challenges will help achieve a fair and harmonious estate plan that reflects the diverse relationships within the family. 

Blended Family Dynamics

Blended families, comprising individuals who bring children from previous marriages or relationships into a new family unit, require a nuanced approach to estate planning. Understanding the intricate dynamics and varying relationships is the first step toward crafting an inclusive plan.

Open Communication

The cornerstone of successful estate planning for blended families is open communication. Encourage honest conversations among family members about financial expectations, potential inheritances, and the role of each individual in the estate plan. Transparency will reduce misunderstandings and build...

The inevitability of death prompts many individuals to engage in estate planning, allowing their assets to be properly distributed and their loved ones to be cared for. The problem is that not everyone takes the time to create a will. 

If you pass away without a will, a legal condition known as intestate succession comes into play, which can lead to specific consequences that impact the distribution of your estate.

Intestate Succession Defined

Intestate succession refers to the legal process that governs the distribution of a deceased person's estate when there is no valid will in place. This process is guided by state laws, and the rules vary depending on your jurisdiction.

State Determination of Heirs

When you die without a will, the state steps in to determine who will inherit your assets. State laws typically prioritize spouses, children, and other close relatives. The order of priority may differ, but the distribution is generally based on familial relationships.

Spousal Rig...

Fostering a positive and inclusive environment is a legal obligation for employers. Harassment prevention stands at the forefront of these responsibilities to make sure that employees feel safe, respected, and valued. 

This guide aims to provide employers with the knowledge and strategies needed to effectively prevent harassment in the workplace.

Understanding Harassment

Harassment can take various forms, including verbal, physical, or visual conduct that creates a hostile or intimidating work environment. It can be based on factors such as race, gender, religion, sexual orientation, disability, or other protected characteristics. 

Employers must recognize the broad spectrum of behaviors that constitute harassment to implement effective prevention measures.

Creating a Strong Anti-Harassment Policy

A well-crafted anti-harassment policy is the cornerstone of a harassment-free workplace. The policy should clearly define harassment, provide examples, and outline the consequences for ...

When entering into a residential lease agreement, tenants are not merely securing a physical space — they are also gaining certain rights and assurances that affect their quality of life. 

One important element of these rights is known as "quiet enjoyment." This term, often seen in lease agreements, goes beyond the literal interpretation of silence and encompasses a range of conditions that foster a peaceful and undisturbed living environment for tenants. 

Here, we will explore the concept of quiet enjoyment, what it entails, and how it can impact the landlord-tenant relationship.

Defining Quiet Enjoyment

Quiet enjoyment, in the context of a lease agreement, refers to the tenant's right to use and enjoy the leased premises without interference or disturbance from the landlord, other tenants, or external factors. It encompasses more than just noise control; it extends to the tranquility, privacy, and comfort that a tenant can reasonably expect while residing in the rented property.

While being a landlord can be a rewarding venture, challenges can arise when it comes to dealing with problematic tenants. In some cases, landlords may find themselves faced with the need to navigate the eviction process. 

Understanding the legal steps involved and having a clear strategy help protect your property and uphold your rights as a landlord. Below, we’re going to explore the ways landlords can effectively navigate the eviction process.

Know Your Lease Agreement

Before initiating the eviction process, it's important to thoroughly review the lease agreement you have with your tenant. Make sure that you are well-versed in the terms and conditions outlined in the lease, including any clauses related to breaches of contract, non-payment of rent, or other violations.

Document Everything

Successful eviction cases often hinge on thorough documentation. Keep detailed records of all communication with the tenant, including emails, letters, and notices served. Document any instanc...

Workplace retaliation is a serious concern that can negatively affect the well-being of employees and the health of an organization. It occurs when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination, harassment, or other illegal practices. 

Understanding what constitutes workplace retaliation and knowing how to address help with maintaining a fair and healthy work environment.

Defining Workplace Retaliation

Workplace retaliation can take various forms, ranging from subtle behaviors to overt actions. It occurs when an employer or supervisor punishes an employee for asserting their legal rights or participating in activities protected by law. 

These protected activities may include filing a complaint with human resources, reporting workplace violations, or participating in an investigation into alleged misconduct.

Common Examples of Workplace Retaliation

• Unwarranted Disciplinary Action: Employees who experie...

Property ownership is a cornerstone of stability and security, but it is not without its challenges. One common issue that homeowners may encounter is property boundary disputes. 

These conflicts can arise for various reasons, such as unclear property lines, changes in land use, or disagreements between neighbors. Understanding the legal aspects of property boundaries will help in resolving disputes and maintaining harmonious relationships within communities.

Here’s what you need to know. 

The Source of Boundary Disputes

Property boundary disputes often stem from unclear or poorly defined property lines. In some cases, these lines may not be accurately documented. This can lead to confusion about the extent of each owner's land.

Changes in land use or property development can also trigger disputes, as neighbors may have different opinions about how such changes impact their properties. Moreover, disagreements may arise when individuals inherit or purchase property without a clear ...