DeVoss, Baker, Ainsworth & Razo, A Professional Corporation Decatur Indiana Personal Injury Attorney | IN Family Law Business Estate Planning Lawyer 2026-06-05T13:40:33Z https://www.djzbalaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1405004/2021/03/cropped-favicon-1-32x32.png On Behalf of DeVoss, Baker, Ainsworth & Razo, A Professional Corporation <![CDATA[Who controls your medical decisions if you are unconscious?]]> https://www.djzbalaw.com/?p=47322 2022-02-23T21:43:42Z 2022-02-23T21:43:42Z Your decisions followed A health care directive includes decisions that you have made. Because of your foresight, you remain in control. An advance health care directive gives the necessary direction for doctors, caregivers and your family. This legal document removes any confusion faced by family members, who struggle as to what to do. The advance health care directive also may help you avoid costly legal entanglements often pertaining to guardianship matters.

Durable power of attorney and living will

Here are two different types of advance health care directives:
  • Durable power of attorney for health care matters: Also known as a health care proxy, this document allows you to choose a person to make medical and health care decisions on your behalf. Caring physicians only must speak with the person you chose to find out what your medical decisions are. The person you choose may be a family member, close friend or spouse, but make sure to talk with them beforehand to gauge their comfort level in this role.
  • A living will: This document expresses your desire to decline medical treatment and other life-sustaining procedures if you have a terminal condition. It also would include directives regarding specific procedures that may include asking for maximum pain medication, resuscitation and organ donations. Make sure to provide copies of your living will to your physician as well as a close family member.
It is difficult to think of your own mortality. But you must make careful plans on this matter. Your family will be grateful knowing that such decisions are not up to them.

Building a foundation

How will your end-of-life decisions get made? With thoughtful planning, careful decision-making and the selection of the right trusted person, you have built a solid foundation.]]> On Behalf of DeVoss, Baker, Ainsworth & Razo, A Professional Corporation <![CDATA[How do you choose the right structure for a new business?]]> https://www.djzbalaw.com/?p=47283 2026-02-27T17:44:59Z 2021-12-23T19:09:35Z what form your company will take. There are numerous business structures available, ranging from partnerships to nonprofit corporations. How can an entrepreneur aiming to start a new business choose the right structure for their company?

Establish a realistic five-year plan

Very few things are predictable in business, so your business plan may be more estimate than road map. Still, when you have a rough idea of what you would like your business to do can help you explore what kind of liabilities you may have and what kind of support you will need. Thinking about what you would like to have happen can help you put the right systems and protections in place to make that plan into reality.

Consider your funding and the other parties involved

Do you hope to bring in outside investors? A corporation may be a good choice in that situation. On the other hand, if you want to partner with a specific investor who has helped you develop your business concept, a partnership may be the better solution. The role that you want other people to play in your company, the level of personal responsibility you want for daily operations and the amount of control investors expect for their financial contributions will all influence which structure is right for you.

Focus on goals and also on risks

When establishing your business, you want to create a structure capable of achieving your business goals. At the same time, you want to optimize your personal protections for legal and financial risks related to the company. Exploring your business concept in depth can help you decide what structure is best for your concept.]]> On Behalf of DeVoss, Baker, Ainsworth & Razo, A Professional Corporation <![CDATA[Are Breathalyzers always correct?]]> https://www.djzbalaw.com/?p=47176 2026-02-27T17:56:12Z 2021-09-28T18:14:51Z Breathalyzer test may be inaccurate under a number of conditions, such as if:
  • The test is administered incorrectly
  • The second test is administered too soon or too late after the initial test
  • You burp or regurgitate into your mouth, which may create a false positive
  • You have a medical condition such as diabetes
These and many other conditions may lead to a Breathalyzer test being inaccurate.

Breathalyzer tests help officers establish probable cause

On their own, Breathalyzer tests may not produce enough evidence to result in your conviction. However, they do help establish probable cause for the traffic stop and any subsequent arrest. After a positive Breathalyzer test, it’s normal for an officer to ask you to do field sobriety tests as well. These help measure your balance and the ways your eyes are moving to determine if you are impaired. In combination, the Breathalyzer test and field sobriety tests are fairly accurate, but that doesn’t mean that you have no opportunity to defend yourself. It is totally possible for the officer to administer these tests incorrectly or to have no good cause for stopping you to begin with.

If you’re stopped by the police, know your rights

If you are stopped by the police and are asked to give a breath sample, be aware of your rights. You don’t have to admit to drinking or try to talk your way out of an arrest. Follow simple commands to give a breath sample, and then go willingly if the officer wants to arrest you. At the police station, you can ask to speak with your attorney to begin building your defense against an OWI.]]> On Behalf of DeVoss, Baker, Ainsworth & Razo, A Professional Corporation <![CDATA[3 estate planning tricks that can help prevent probate litigation]]> https://www.djzbalaw.com/?p=47086 2026-02-27T17:55:08Z 2021-06-28T17:07:09Z  

Make a comprehensive plan, and continue to review it frequently

One common reason for estates to wind up litigated is that the testator only provides a last will and no explanation for their wishes. They may have drafted the will decades ago and never updated it. Family members may feel confused, disappointed or frustrated, leading to challenges. The more robust your estate plan is, the harder it will be for people to bring unfounded challenges against it. You might want to add a letter of intent, powers of attorney or even a trust to your estate plan to make it more thorough and harder to challenge. Frequently reviewing and updating it will also make it harder to challenge.

Consider adding a no-contest clause

Historically, Indiana has been one of two states that did not enforce no-contest clauses. However, that changed in 2018. Now, testators can add a no-contest clause to their estate plan that disinherits someone who brings a frivolous challenge against their estate. The courts can uphold the clause and disinherit someone for contesting an estate. They can also choose to waive the clause if the issue arose because of probable cause or good faith.

Tell your loved ones what you planned for your legacy

It can be very hard to talk about your own death and money with the people that you love, but avoiding these conversations won't benefit anyone. The earlier people understand your wishes, the less likely they are to feel shocked and disappointed about the administration of your estate. Letting the family know is particularly important if you intend to leave an unequal inheritance, set resources aside for charity or disinherit a family member. Thinking over your family circumstances can give you a better idea about what estate planning steps will be necessary to protect your legacy from unnecessary probate litigation when you die.]]>