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Choosing a Guardian for Minor Children

As parents a #1 reason to make sure we have a Will is to name a guardian for our minor children.  God forbid something should happen to both parents!  These are the unfortunate, unlikely events that we need to prepare for as responsible parents.  Thinking about it gives us a stomach ache enough but then once we decide to go forward we are faced with the difficulties of who to name.  Initially our go-to may be our parents who live locally and watch our kids when we go away for the weekend.  But is this really the best choice?  Perhaps not.  When choosing guardians for our kiddos, we must look at the age of the people we are considering.  Sure, our parents are fit and young seeming now and able to manage our kids for a couple of days but is this a realistic option as they age and for the longterm?  Another overlooked question is whether it is important for us to have a couple raising our kids.  If so, what happens if the couple you choose divorce?  Would you want your kids to be raised by one of those people or would you prefer your children go to a different couple?  In addition, do you want your children to be able to remain local or do the benefits of them being housed with out of state family outweigh the convenience and stability of staying in their local school and with their neighborhood friends?  Hopefully these questions help you consider the right people for this very important job rather than deter you.  You’ll have so much more peace after you have this piece of your plan in place.

Small Business

Our nation was founded by small business owners.  November 30th we celebrate those who continue in that tradition, forming the heart of our communities. It is Small Business Day.  How will you celebrate?  One idea is to do something that will provide lasting value for the business you have built through long nights and sweat equity.  As a corporate attorney I come alongside your business to offer useful, practical advice and answer your real life questions as you grow your business.  I understand that my clients value my legal experience and knowledge that can help them create solutions, not create roadblocks. I also understand that there is a reason you do not have full-time inside counsel and have an interest in making the money you spend on advice worthwhile, practical, and efficient.  You may think hiring an attorney is expensive but I offer cost effective, subscription plans that can help you mitigate the risks of expensive litigation down the road, which just makes good sense.

The W-9 "Employee"...a Misnomer

So your business is growing and you are ready to add to your staff.  It is not always easy to determine whether the persons you hire are employees or independent contractors but the determination may hugely impact wage and hour determinations, tax treatment, and liability for the person’s actions.  Several factors influence the determination, including:  who sets the hours the person keeps;  whether the person is eligible for benefits;  how and where work is performed;  and whose equipment is used.    

To distinguish between an employee and an independent contractor, the following factors* are considered:

• If the employer has a right to control the person’s means and methods of performing the work

• The level of skill is required of the person hired

• Whether the person hired has an independent business apart from their work for the employer

• If the employer supply the place of work/instrumentalities to be used by the person

• The duration and method of payment

*Not an exhaustive list.  

A Good Contract is Your Best Defense

My commercial litigation background sets me apart from your average transactional attorney because when I write a contract I am thinking about the ways someone could attack that contract in court down the road.  My firm crafts contracts for every personal or professional purpose and we are always striving to keep current with the ever changing law and times.  For example, we are updating our contract force majeure clause to address health related shut downs, quarantines and shortages which are affecting many businesss today. 

If you haven't yet made your Will and do not have a Durable Power or Attorney or Designation of Health Care Surrogate to assist in the event of incapacity, there is no better time than the present.  The recent Florida Law Journal mentions record numbers of clients are seeking these services.  My firm is able to prepare your documents and help you get them signed while observing social distancing recommendations.  Call today!

Fellow attorneys recently wrote a very helpful article in our Florida Bar Journal about protecting wealth transfers from marital discord.  I have many clients inquire about what will happen to the assets they want to pass on to their children in the event one of them ends up divorcing.  Let me help you create solutions to reduce uncertainty and give you peace of mind.  Schedule a consultation today.

Personalized Outside Counsel Corporate Services

Targeted to your specific needs

Giving small companies the same advantage of larger companies with ongoing risk spotting guidance and assistance with contract preparation and review of corporate materials such as employee handbooks. I will partner with you to meet your company's specific needs on a flat fee monthly subscription package which includes a specific number of hours dedicated to the legal needs of your business.

Transactional Assistance and Document Preparation

Contracts, Agreements, Business Records

Experienced in reviewing, drafting and advising on contracts, agreements and business records, whether related to real estate, employment or consumer transaction.

Real Estate

Contract, Lease and Deed Review and Drafting 

Experienced with the real estate transaction process and related documentation.  I can work with you and your realtor to help round out your team of professionals and ensure this important investment is protected.  I can offer a knowledgeable review of your real estate contract or lease, as well as draft rental agreements for investment properties.  Passionate about educating individuals about the effects of the various forms of property ownership. How you take or hold title to property can affect your future ownership and/or transfer of the property.

Will and Powers of Attorney Preparation and Guidance;  Choosing a Guardian for Minor Children

Helping you and your family be prepared

Years of experience assisting clients with their comprehensive estate planning needs, including young families and those with elder needs.  I take a holistic approach that involves the other professionals in your life who play an important role in your planning, including your CPA, financial advisor and insurance broker.  If you do not already have these in place I have many within my network and can help you find a good fit for your needs.  If you have minor children naming the right guardian(s) is of utmost importance and I'll help you understand the process so that your children will never be in the wrong hands.

Request More Information

Thank you for visiting the Megan M. Kelly, Attorney at Law site. We intend to provide general information, which should not be construed as legal advice. If you are looking for advice on a specific matter, you are encouraged to contact us directly. We strongly advise you to not disclose personal or confidential information until an attorney-client relationship has been established, which will be at such time as you and I enter into an engagement agreement pertaining to your specific situation which will set out the the scope of my representation and our fee arrangement.  We maintain a practice of checking for conflicts of interest before entering into an engagement.

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Naples, FL, USA 

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239-273-5485