Ask a Lawyer
Oct 01, 2013 | 1042 views | 0 0 comments | 46 46 recommendations | email to a friend | print
I am getting older and I sometimes need one of my daughters to handle my financial matters. Will a power of attorney allow her to do those type things? Alicia P., Curry

Alicia, that is exactly what you need for your daughter to be able to help you with your banking and other financial affairs. A Power of Attorney is a document that a person signs while competent that authorizes another person to act for them. That person is called an agent. A Durable Power of Attorney allows the agent to act even if a person later becomes incompetent.  You should only name someone that you absolutely trust to follow your wishes and handle your finances honestly. The agent may be able to sign legal documents, buy and sell real estate, pay bills, and take other financial actions on your behalf.

Does my employer have to pay me while I serve on jury duty? Melanie B., Jasper

Melanie, your employer is required by Alabama law to pay you your normal salary if you are a full-time employee or work a full-time schedule on a regular basis. (Employers are not required to pay part-time employees their normal salary.) However, your employer is only required to pay you a 40-hour workweek's pay with no overtime pay even if you normally work overtime. Additionally, employers are prohibited by law from firing an employee for serving as a juror.

The attorney general has ruled that juror pay received while serving is an expense allowance and should not be deducted from your normal salary. The attorney general has also ruled that any second or third shift employee is placed on first shift status by law for their week of jury duty service. Your employer cannot make you work and is required to pay you first shift wages if you are full-time. This includes the evening after jury service is concluded.

Jury duty is often inconvenient but it is a civic duty that is important to us all. Additionally, Section 12-16-82 of the Code of Alabama requires that jurors summoned for duty show up. The section states: “If any person summoned as a….juror shall fail to obey such summons without good excuse…….he or she shall be deemed guilty of a contempt of court; and, if no sufficient excuse is rendered for him or her at the time of his or her default, an order shall be entered for him or her to show cause why he or she shall not be adjudged guilty of contempt and punished accordingly; and, if he shall fail at the next session after the service of such notice to render such excuse, he or she shall be fined by the court not more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 10 days."

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.

Please send the questions to: Ask A Lawyer P. O. Box 2309, Jasper, Alabama 35502

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