By Mara J. Wegerski

Attorney & Counselor at Law

Shepard Law Office PLC

There are many of ways an Operating While Intoxicated (OWI) conviction can restrict and potentially ruin your life. One way many do not think of is access to Canada.

When you approach the border to Canada you are subjected to a quick license check. This check shows your criminal history to the Border Patrol. There is a long list of offenses that will keep you out of Canada and one of them is drunk driving – this includes convictions or pleas for Operating While Intoxicated, Operating Under the Influence of Intoxicating Liquor or any illegal substance as well as Operating While Impaired.

If you need to go to Canada for any reason, and you have one of these offenses, you need to request permission from them by applying for criminal rehabilitation. This process is similar to an expungement in the US legal system.

In order to apply for rehabilitation you cannot be on probation or parole for any reason.

The application itself requires letters from the Courts where you have been convicted, several sets of fingerprints along with a laundry list of other documents. You want to make sure that you have all the required paperwork prior to submitting your application process as it may take up to a year for a decision to come down.

Obviously, the way to avoid this problem is not to get an OWI, however, if you do seek legal assistance. There are more restrictions than you think!

By: Kristin K. Vanpraet

Attorney & Counselor at Law

Shepard Law Office PLC

Many of my clients tell me they have put their child’s name on their bank accounts. They usually have done this for one or both of the following reasons: First, they want their child to be able help them pay their bills and look out for their finances. The second is they want to avoid probate.

Consequences:

While doing this may do what they want it to, I usually advise against it. Many people don’t know that putting your child (or any other person) on your account has the following downsides:

1. The money in that account now legally belongs to your child as well as to you.
2. The money in that account is now counted as an asset for that child.

What does this mean? It means that your child may spend that money without having to be held responsible to you. Because their name is on the account, it is their money. Additionally, any of their creditors can get hold of the money in that account. If your child defaults on a loan or is loses a lawsuit and a court orders them to pay money, money in your account may be taken to pay the money they owe..

A Better Solution:

Management of Finances - A better way to give your child the authority to help you financially is to make a Durable Power of Attorney. This document will give them legal authority to act on your behalf, but your assets do not become theirs. Additionally, by legally accepting this authority, they will have a responsibility to act in your best interests. If they abuse their position, they can be held accountable.

Probate - To avoid probate, most financial institutions will let you to make your accounts transferable on death. This means that when you die, the account will automatically transfer to the person you have named.

Conclusion:

While you want your children to have the ability to assist you, and you don’t want your family to have to go through probate, putting their name on your account is not the answer. The methods suggested above are much safer techniques to use to accomplish your goals. They let your children to assist you and still protect your assets.