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Recent Blog Posts
What Issues Can a Power of Attorney Address?
A power of attorney is a legal document signed by a person (known as the principal) to give another person (known as the agent) the legal authority to act on their behalf. This ability allows the agent to handle matters related to the principal’s health care or finances. The principal may want to create a medical or financial power of attorney for reasons such as:
- Ensuring that the principal’s personal wishes will be carried out if they become incapacitated
- Selecting a trusted person to make healthcare or financial decisions on the principal’s behalf
How Is Alimony Determined in a Wisconsin Divorce?
For some couples who choose to get divorced, one spouse is at a financial disadvantage. This may be because they were a stay-at-home parent, or simply because they earn a lower income than their former partner. To ensure that a person in this situation can continue to enjoy the same standard of living they had while married, alimony, also known as spousal support or maintenance payments, may be awarded by the court.
Alimony Factors
According to Wis. Stat. § 767.56, the court may take certain factors into consideration when deciding whether to grant maintenance or how much maintenance should be awarded. These factors include:
- The length of the marriage
- The age and health (physical and emotional) of both spouses
What Disciplinary Action Can Be Taken Against a Wisconsin Medical License?
Doctors must be granted and maintain a medical license before they are allowed to practice medicine. Similar to a nursing license or any other professional license you can obtain in Wisconsin, there are rules and regulations that need to be followed to ensure that a doctor’s license will remain valid. The Wisconsin Medical Examining Board handles any issues involving issuing, limiting, revoking, or suspending a doctor’s medical license. If the Board determines that rules have been violated or that a doctor has acted in a way that warrants discipline, it may take action against a person’s medical license.
Disciplinary Action
A wide variety of issues can result in discipline to your medical license, including claims that you have committed medical malpractice, problems with record-keeping or financial matters, or substance abuse. The Department screens every complaint it receives. If the Department believes the complaint requires further review, it is referred to a Department investigator and assigned to a Department attorney. Once the investigation is complete, the Department with a liaison from the Board may close the case with no violation found, or offer a proposed Final Decision and Order, and a Stipulation. The parties can then agree to resolve the case, or if no resolution is reached, the case may proceed to an administrative hearing. If discipline is issued against a medical license, the following private or public disciplines may be imposed:
Has Your Loved One Been Injured by Nursing Home Neglect or Abuse?
Although nursing homes are designed to provide a high level of care for individuals who need round-the-clock monitoring, about 5 percent of the country’s nursing homes have been flagged for abuse. Nursing Home Compare, a government-run database, has added an icon to its listings of nursing homes that are cited for neglect or abuse, and facilities will remain flagged until they go one full year without an infraction. An injury caused by nursing home negligence can be physically and emotionally draining for both you and your loved one. If you suspect a friend or family member is suffering from nursing home abuse or neglect, working with an experienced personal injury attorney can help you understand your options for pursuing financial compensation from a negligent facility.
Types of Nursing Home Abuse and Neglect
According to Wisconsin law, nursing home abuse is defined as acts that are performed with the intent of causing harm to a nursing home resident. They may include physical abuse, sexual abuse, emotional abuse, or financial exploitation. Any acts which are meant to threaten, intimidate, humiliate, frighten, or harass a resident may be considered abuse.
What Expenses Are Included in Child Support in Wisconsin?
Parents are required to financially support their children. When children live primarily with one parent, that parent is usually presumed to be supporting them, and the other parent will usually be required to pay child support. In 2017, The United States Census Bureau reported that around 20 million minor children in the United States live with one parent, making up 27.1 percent of all living arrangements for children. Determining the correct amount of support in these cases is essential, not only to ensure that children’s needs are met, but to ensure that the parents can maintain financial stability. No matter what side of a child support order you are on, the attorneys at Gimbel, Reilly, Guerin & Brown, LLP can help you reach an outcome that meets your needs.
Setting Support Amounts
What Types of Discipline Can I Face Against My Nursing License?
Nurses play an essential role in our medical system, and both doctors and patients rely on them to provide quality care. When you have worked to obtain your professional nursing license, you will want to be sure to do everything you can to maintain that license and continue working in your chosen field. If you are facing discipline to your nursing license, you will want to work with an attorney to understand your options.
Wisconsin Board of Nursing
As part of the Wisconsin Department of Safety and Professional Services (DSPS), the Board of Nursing issues licenses to registered nurses and licensed practical nurses. It is also tasked with establishing standards for nursing schools and investigating complaints against nurses, with the goal of keeping patients free from negligence, carelessness, and harm.
What Healthcare Directives Should Be Included in My Estate Plan?
No matter what stage of your life you are in, it is important to establish an estate plan. Whether you are 18 or 88 years old, planning for the future can make life for yourself, as well as your family and friends, a lot easier should unexpected events arise.
What Is a Healthcare Directive?
A healthcare directive allows you to choose what forms of medical care you want to receive in certain situations. This may include any life-sustaining treatments you want to be performed if an injury or illness results in a terminal condition or a persistent vegetative state without any chance of recovery. A healthcare directive ensures you get exactly what you want if you are ever unable to say so.
Directives to Include in Your Estate Plan
Should I Submit to a Field Sobriety Test When Pulled Over for OWI?
By Attorney Nicole Masnica
Operating a motor vehicle while under the influence of alcohol, illegal drugs, or even certain prescription medications is a serious offense, and a conviction for such an offense may result in a number of significant consequences. An OWI conviction can carry mandatory fines, time in jail or prison, revocation of your driving privileges, installation of an ignition interlock device, and required addiction counseling.
While drunk driving is commonly referred to as “driving under the influence” or DUI, in Wisconsin, it is known as “operating while intoxicated” or OWI. Being pulled over on suspicion of drunk driving can be a frightening experience, and many drivers do not know what to expect. Whether this is the first time you have been arrested for OWI or you have previously been arrested or convicted, it is important to consult with an experienced criminal defense attorney to determine how to minimize the consequences you may face.
What Charges Require a Person to Register as a Sex Offender in Wisconsin?
By Attorney Nicole Masnica
Sex crimes, also known as sensitive crimes, are treated very seriously in Wisconsin. While any criminal conviction can substantially affect your future opportunities, a conviction for a sex offense will carry with it collateral consequences that will impact nearly every aspect of your life for years to come. It is important to understand what might be at stake if you have been accused of a sex offense in Wisconsin.
The Charges
According to Wis. Stat. §301.45, an individual found guilty of any of the following offenses is required to comply with the sex offender registry:
- First, second, or third-degree sexual assault of an adult
- First or second-degree sexual assault of a child
- Repeated sexual assault of the same child
When Do RICO Charges Apply in White Collar Criminal Cases?
By Attorney Nicole Masnica
White collar crimes such as fraud, money laundering, or securities and antitrust violations, bear severe punishment and a conviction for these types of charges can affect the rest of your life. These criminal investigations tend to be lengthy and complex, and a defendant may undergo a thorough sweep of their financial records. These investigations can be especially concerning if there are potential federal charges, including through the RICO Act. However, this act is not always fully understood, and defendants will want to determine how these types of charges may affect their case.
The RICO Act
In 1970, the United States Congress passed the Racketeer Influenced and Corrupt Organizations Act, also known as RICO, with the purpose of seeking to eradicate organized crime in the United States. Under this law, a person may face federal charges for participating in a racketeering activity that was part of an enterprise that involved interstate commerce.
