Mississippi Lawyer Blog

Two motorists in Mississippi have been shot in separate incidents leaving police to wonder if the killer is posing as a police officer. Police believe that the killer is using fake emergency lights to pull over unsuspecting motorists before robbing and killing them. Officials have advised motorists not to pull over for anyone they think might not be a police officer. Instead, they are advising motorists to simply drive to a public place and then pull over.

Years ago in Jackson, the same thing was occurring. A person was impersonating a police officer and pulling over women who were driving alone at night. Once again, police officials advised motorists to drive to a public area before pulling over.

I have advised my wife that if she is ever "blue lighted" she should activate her emergency lights and travel safely to the nearest public area before stopping. In today's world, any maniac can paint a car to make it look like a police car. Why should a woman stop in the middle of the night on a deserted road with the number of lunatics running around? And hey, who is to say that a legitimate police officer doesn't have improper purpose in pulling over a motorist? If a police officer elects to give my wife a ticket for "failure to comply with blue lights" then she knows a good attorney to help her out with that ticket. At least she will be alive.

Continue reading "Mississippi Killer Posing as Cop? Drivers Beware!" »

A tragic accident occurred over the weekend in which three (3) Jackson, Mississippi children were killed and 7 others were injured. A preliminary investigation revealed that a Ford Expedition was carrying 10 people, two more people than recommended by the manufacturer. The investigation also showed that the tires on the vehicle were not the correct size. In fact, the tires on the vehicle were not capable of carrying the weight of the vehicle, occupants and luggage. Finally, the left back tire had low tire pressure resulting in a blow out. Once the tire blew out, the driver was apparently unable to control the vehicle leading to the crash. Sadly, none of the occupants were wearing safety restraints and the children were not in child safety seats.

It is critically important to follow the manufacturer's guidelines for tire size, pressure, and occupancy loads. In today's world, we get too busy to check such things or entrust them to others. If we can learn anything from this tragic accident it should be that vehicle maintenance is imperative. The most precious cargo we carry day after day is our family. Please take time to check your tire pressure when going on long trips or even day to day driving. Check to make sure the tires you have on your vehicle are the correct size. Lastly, please fasten your safety belts and make sure your children are properly restrained. Routine maintenance and safety belts can be a lifesaver.

Continue reading "Overloading, Low Tire Pressure, Wrong Tires Cited in Mississippi Fatal Crash" »

Mississippi is one of the most obese states in the country. It is a well-known fact that obese people have a Continue reading "Important Announcement: Diabetes Drug Actos is a Major Problem for Mississippi" »

In September of last year I had the bright idea to start training for the Mississippi Blues Half Marathon in January. A full marathon consists of 26.2 miles, but a half marathon is only 13.1 miles. I saw a bumper sticker once that sums up the difference between the two perfectly: "13.1....because I'm only half crazy." So after 4 months of running around Jackson and the Trace, race day was upon me.

The race stretched throughout the Jackson area zigzagging through parts of State Street, Jefferson Street, Pearl Street, and Belhaven just to name a few. Now, as a Jackson resident, I was aware of our less than stellar streets. Most of the time it feels like you're driving on road that would put an old wooden roller coaster- one that throws you from side to side- to shame. Apparently race organizers had the same idea too. Race organizers started making precautions. Prior to race day, I had seen the news reports of the city filling up some areas of the race route with dirt to keep runners from tripping over potholes. They put up small barricades here and there too as extra precaution.

Well, try as they might, come race day, when 2, 572 individuals are running through the streets, those dirt filled holes and barricades weren't much use. For us clumsy folk, added potholes and bumps in the road didn't help our less than stellar race times. Certain sections of the road were closed off to traffic but at other times, cars were zooming past you. Over all, the race was a great experience and something I'd do again (remember: I'm only half crazy).

But it got me thinking. I was running along a course that had been fixed up and I still found trouble spots. What about the Jackson residents that ride their bikes or walk to work or school? They have to endure these roads and sidewalks day in and day out. It's not uncommon for a bike tire to hit a bump or a hole in the road and send you crashing to the ground. It's also not uncommon for a walker or a jogger to trip on uneven pavement in the sidewalk. As far as the zooming cars are concerned, as a cyclist in Mississippi, you are guaranteed at least three feet of space between you and the vehicle. The driver of the vehicle must reduce his speed- not zoom past you. Granted, when you are a bike it might feel like everyone is "zooming" past you. Unless you are Lance Armstrong.

Back to the road hazards. Jackson, just like other cities, has an obligation to maintain its roads and sidewalks for safe use. If the city, or governmental agency in charge of the road, fails to maintain a safe roadway, then there could possibly be an action for negligence. Of course, you would have to prove the city had notice of the road hazard and had reasonable time to fix it. By covering potholes in the street, Jackson has taken a step in fixing our roadway problems. But for a state that implemented the "Let's Go Walkin' Mississippi" program, more permanent measures should be taken. Jackson residents should not have to worry about potholes or uneven sidewalks during their commutes or exercise routines.

This week in Mississippi ex-Governor Haley Barbour pardoned over 200 people. A substantial number were convicted of murder, DUI manslaughter, manslaughter, armed robbery, and some other violent offenses. Many were also convicted of non-violent drug offenders and property crimes. These pardons made national news and touched off a fire-storm of protest across Mississippi. The families of the victims were outraged, hurt, and dismayed by Governor Barbour's actions. I listened to people on the T.V. and radio who said they had been staunch Barbour supporters but after the pardons would not support him for dog catcher. Attorney General Jim Hood filed for a Temporary Injunction and it was granted. According to Attorney General Hood many of the pardons were granted without strict compliance with the Mississippi Constitution. The Mississippi Constitution grants the Governor the power and grant reprieves. The section is quoted below in full:

Article 5, Section 124. Reprieves and pardons. In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefor shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted. SOURCES: 1832 art V § 10; 1869 art V § 10.

The gist of Attorney General Hood's complaint is that some of the people who received pardons did not publish in the newspaper thirty (30) days before the pardons were granted. If you look at the highlighted section above you can see the Mississippi Constitution uses the word "shall" be published. This was the basis of the Temporary Restraining Order granted by Judge Green blocking the release of some inmates from prison apparently because the Attorney General could not find proof they had published in the paper. A final hearing has been set and it should be an interesting court hearing.
I would also like to direct attention to the language about pardons. One should note the Mississippi Constitution says pardons must be published. It does not say reprieves shall be published. In fact it does not place any requirement on a Governor's power to reprieve. So I would suggest the reductions of sentences and commutations that Governor Barbour granted are safe from legal attack.

Let's leave the legal aspects of the pardons and discuss the moral aspects. In order to empathize with the families who lost loved ones to a violent crime it is necessary to "crawl inside their skin" and feel what they feel. I suspect anyone of us who lost a loved one to a violent crime would want the perpetrator in jail for as long as possible. Am I right or wrong? When I put myself in the "skin of the other person" I can feel the loss, anger, and outrage. But do these natural human feelings fun counter to the tradition notions of our legal system which is founded in part on Christian principle of forgiveness and redemption?
I think it is hard to deny that our society is based on principles of forgiveness, redemption, and pardon for those who admit their wrong and apologize. Isn't the Bible based on forgiveness, redemption, and doing good deeds? Of course there must be some form of punishment but for how long? Some people probably feel that anyone convicted of murder, manslaughter, or any other violent crime should be in prison forever, regardless of how they act in prison or what redeeming things they do. Does this feeling run counter to the teachings of the Bible? Others take a different view and say that people should have the opportunity to redeem themselves and re-enter society. I suppose at the end of the day that is a policy decision.

I have heard it said that the majority of the people Governor Barbour pardoned were already out of prison. I did not check on this fact. Does that make a difference? For years I have argued the criminal laws in this country are too harsh and sentences too long. America incarcerates more people per year than any other western society. Up until the passage of the Fair Sentencing Act people sentenced for first time, small possession of cocaine base could routinely get 14-20 years in prison without any form of parole. Since the 1980's the laws in the Federal and State System kept getting more severe each year until I thought there would be no end to the punishment. Now I have seen a change and interestingly it does not seem to be a concept of humanity or enlighten in human understanding that has brought about this change but rather the financial cost of incarcerating so many people for such a long time. Wall Street brought about the collapse of the economy and some of the more Draconian aspects of the criminal justice system.

The bottom line is this: Should anyone convicted of a violent crime, like a murder be pardoned? If so when? If not, then do we believe in redemption and rehabilitation? These are the questions that have to be answered as a matter of public policy. Personally I think allowing people who have committed a non-violent offense to get a pardon and completely clear their records is in most cases a good thing. The application of this rule to violent crimes is more difficult to apply, but still a matter of policy. If the people of Mississippi want the Governor to retain a pardon power, I believe they want the pardon process to be completely open, transparent, and with adequate notice for public input. That is my two cents worth.

I have blogged before about the danger of cell phone usage while driving. Now, the National Transportation Safety Board ("NTSB") is urging all states to ban cell phone usage for drivers.

The NTSB recommendation comes after its investigation into an accident in Missouri caused when a 19 year old rammed into a tractor trailer and then was rear ended by two school buses filled with children. The 19 year old had sent or received 11 texts in the 11 minutes prior to the accident. The 19 year old driver as well as one of the high school kids was killed. 38 people were injured.

Continue reading "Cell Phones Cause Serious Automobile Accidents; Ban Upcoming?" »

I usually like to write entries that are light hearted and amusing (at least to me). But this is a very somber article because it deals with the loss of children. The Clarion Ledger had an article today discussing driving accidents involving teenagers and young persons in general. The Jackson, Mississippi area has been devastated recently with car and truck accidents involving young people. The families of those lost will feel this pain for as long as they are alive. As a parent of a soon-to-be driver I am already worried about my son driving. So what can we do to help our children become better drivers?

-First and foremost, no cell phones/texting while driving! Studies have shown that texting while driving is more dangerous than being under the influence of alcohol.

-Absolutely zero drinking and driving. Parents who allow their underage children to drink, and yes there are some that do, are not only encouraging poor decision making but are also endangering their children's lives and those who ride in a car with them or those of us on the highways.

-Reduce night driving. A recent study showed that driving more than 3 hours at night have the same effect as drinking. This is especially relevant during the holidays as we have so many college students coming home for Christmas break.

-Wear seatbelts at all times. And this goes for the passengers as well. How many times do we have to read about an accident where the occupants were ejected from the car because they weren't wearing their seatbelts? Buckle up!

Continue reading "Mississippi Teens' Car Accident Stats Grim" »

There is a great deal of confusion in Mississippi about whether a person can carry a concealed weapon on his person or in his car without a permit. Recently I asked the question on Facebook and there were many incorrect answers even from attorneys. I got interested in this topic after I spoke at a legal conference and I learned many of the attorneys present did not know the correct answer. The answer to this question is easy, though there is one grey area.

The relevant Law is found Mississippi Code Annotated, Section 97-37-1(2) which states as follows:

"It shall not be a violation of this section for any person over the age of eighteen (18) to carry a firearm or deadly weapon concealed in whole or in part within the confines of his home or his place of business , or within any real property associated with his home or business or within any motor vehicle."

You can immediately see that if you are over 18 you are allowed to carry a concealed weapon in your car at all times. Of course you may keep a weapon in your home. That was made clear by the United States Supreme Court when they struck down a Municipal Regulation barring the possession of weapon in a home. I question whether the 18 year old restriction would be constitutional, especially in a person's home, but that is not a discussion we need to delve into now. The same Code section goes on to state another exception for those engaged in "legitimate weapons-related sports activities." The law states:

"It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed in whole or in part if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal sports activity which normally involves the use of a firearm or other weapon."

So, what is the grey area from the above section? Well, it is obvious. If you are coming back from a shooting competition and you have a pistol in your belt and you go in a store a policeman is likely to arrest you for carrying a concealed weapon. If you are returning form a martial arts competition and you have small knives concealed on your body and one falls out in front of a law enforcement officer, he is probably going to treat it as a concealed weapon and you may be arrested. This happens every day all across Mississippi. The burden is put on the citizen to prove he/she was engaged in a legitimate sports related activity when his case comes up in court. Over my thirty (30) plus years practicing law I have had dozens upon dozens of cases where I defended a citizen for having possession of a concealed weapon. If you have it in your car you should not be arrested. If you get out of your car in an urban area you are probably going to have a problem if law enforcement sees you with the gun.

Is there anything you can do in order to carry a gun in public? The answer is yes. Mississippi allows an individual to obtain a permit to carry a concealed weapon. This permit will allow you to carry the weapon on your person all the time regardless of whether or not you are engaged in a "legitimate sports-related activity." You have to fill out an application form which is obtainable from the Mississippi Department of Public Safety. There are a number of prerequisites like being at least twenty one (21) years of age, not suffering from a mental infirmity, not being a convicted felon, ect. If you do obtain a license to carry a concealed weapon you will be happy to know that twenty five (25) other states will honor Mississippi's permit and allow you to carry the weapon. Of course as with any state or federal agency, there is a fee for obtaining the permit. That should come as no big surprise.

This is the basics of the law regarding carrying a concealed weapon. Perhaps the most important point may be your right to carry a concealed weapon while in your home or your car. This is very clear. I recommend you always keep your gun locked in a secure compartment in the car away from kids, that the gun not be loaded, and he bullets kept separately. I will blog sometime soon on the tragedy of kids deaths due to playing with weapons.

Continue reading "Carrying a Concealed Weapon in Mississippi" »

I'm so happy to be living in a city like Ridgeland, Mississippi. We have beautiful homes and neighborhoods. Top notch recreational facilities for sports. Great folks, great shopping, great restaurants, and great infrastructure. We have a real strong sense of community. Heck, Ridgeland is even a target="_blank""bike friendly community". Which brings me to the point of this blog. You cyclists need to obey the &%#@ traffic laws too!

In Mississippi, cars have to give cyclists at least 3 feet when they pass them on the street. I totally understand this. Of course, cyclists really should have sense NOT to drive on busy highways during rush hour traffic but nonetheless I will give them their 3 feet or slow down until I can pass them safely. All I want them to do is stop at a freakin' STOP sign.

I cannot tell you how many times I will pull up to a 4 way stop sign and have a group (or is it covey? flock?) of cyclists blow through the stop sign like they're riding in the Tour de France. Well I hate to burst your bubble you wannabe Lance Armstrong but you're just a schmuck wearing spandex pants you don't need to be wearing breaking the law and endangering lives. You see in Mississippi, cyclists must obey all traffic laws just like us lazy overweight car drivers. You want 3 feet? You got it, now come to a complete stop! What, you're going to slow your heart rate if you do? You may slow your heart rate permanently if you don't!

Continue reading "Mississippi Cyclists Must Obey Traffic Laws" »

One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the One of my favorite things to do is to ride roller coasters and other thrill rides. The only ride that really freaks me out is the Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the Coxwell & Associates website. >Splash Mountain ride at Disney World and I think that's because it lulls you into a false sense of security with the Br'er Rabbit story complete with the characters and music. Then they send you hurdling down 6,000 foot drop without so much as a harness over your legs! What kind of sick person comes up with that! Anyway, I digress.

I found an article today about the 10 Worst Amusement Park Accidents. That's some scary stuff. As you continue to enjoy your summer, please carefully consider whether you should allow your children to ride on dangerous thrill rides.

Chuck Mullins has been riding the roller coaster of legal practice since 1994. Check out more of Chuck at the Coxwell & Associates website.

As a baseball coach for my son's U8 Coach Pitch team, today's article in the Clarion Ledger concerning a lawsuit against the Louisville Slugger bat company caught my attention. Brandon Patch was pitching for his Helena, Montana American Legion baseball team in 2003. He was struck in the head by a ball and died. He was only 18 years old. The Clarion Ledger article lacked facts so I found the original newspaper article which provided much more detail.

Brandon's family filed suit against Hillerich & Bradsby, the makers of the Louisville Slugger line of bats. A jury ruled against Hillerich & Bradsby and ordered them to pay damages in the amount of $850,000 for Brandon's death. The jury found that the company was responsible for not placing a warning label on the bat. The company appealed the decision but yesterday an appeals court upheld the judgment.

My son and his friends are at the age where a coach pitches the ball to them. The league is aptly named "Coach Pitch". It should be renamed "Coach Pitch, Then Duck"! I cannot tell you the number of times that these 7 year old kids have crushed a baseball that has come within inches of a coach's head. The baseball bats these kids are using are nothing short of rocket launchers. The barrels of the bats are as big as high school or college bats but they make them shorter and lighter for the kids. As a result,the Dads need to be light on their feet.

The technology got so advanced that colleges and other youth baseball governing bodies were forced to pass new legislation to limit the materials in the bats, Bats now have a BPF, bat performance factor, which establishes a method of measuring how a ball jumps off of a bat compared to how a ball rebounds off of a wall at a controlled speed. BPF is simply the increase in the liveliness of a ball hitting a bat compared to throwing a ball against a solid wall (i.e., 20% faster rebound = a BPF of 1.20).

Continue reading "Louisville Slugger Lliable in Wrongful Death " »

When you fly over Jackson, Ridgeland, The City of Madison, Flowood, or any of the surrounding cities you get a good idea how many homeowners have a swimming pool. Frankly, it amazes me the number of backyard pools. Spring is upon us and soon children will be out of school and either headed toward their backyard pools or to local public or private pools. Hopefully everyone knows some of the basic swimming safety rules, but if not take a minute to look over this list.

First and foremost all children need to be taught to swim as early as possible. The first swimming lesson that kids are given is what to do if they accidentally fall into a pool or other body of water. Generally that means "get to the side and grab on." My son started swimming late. He was about 4 years old. We waited longer than we should have but since he has some learning problems, we felt teaching him earlier was not practicable. Our decision to send our son to classes came because we decided to put in pool. I went with my son to the lessons and it was interesting to watch a child learn to swim. Honestly, it was a little painful, but then things that are good for kids in the long run can sometime be painful.

Once your child learns to swim he/she needs to be taught other basic safety rules like: Do not push other people in the pool. Stay away from the edge or don't try to reach for objects in the pool. Stay away from the water valve at the bottom of the pool. Kids that have reached the right maturity can understand these issues but young kids will not. With the younger kids the American Academy of Pediatrics recommends you never leave small children alone, even for just a minute while you run and get something in the house. Children can drown in just a matter of minutes. It is suggested that you stay within touch distance for any child under 5 years of age.

If you put in a backyard pool then your insurance company is going to require you to put a fence around the pool. In legal language a pool is called an attractive nuisance. A pool is one of those things that draws children like the sound of the ice cream truck. The fence should be at least 4 feet tall and go around all four sides with a secure lock above the reach of the children. It is also smart or a safe approach to have a pool alarm. When we put in our pool we of course had a 6 foot high fence. We had a pool alarm and several shepherd's hooks at each end of the pool along with floating rings for tossing to swimmers. We were still concerned about our child so we installed locks on all of the doors going out of our home. The locks were high enough so our child could not reach them and we had a note by each one that read: Is the Door Locked?
This kept us on our toes and made sure the backdoors to the pool were always secure.

I mentioned this earlier but the suctions on pools can be very dangerous. I just read a case where a 6 year old child drown when he swam down to the drain and the force of the drain held him down. The sitter had run in the house to get a towel and left the kid in the care of another person who, guess what? Could not swim! It broke my heart to read about the dad running out of the house and diving into the pool to rescue his child, but it was too late. There is currently a safety device you can put on pools that will cut off the suction in something gets in the drain. This is a good idea.

There are other safety rules a person can observe. I think these are the major ones talked about most of the time. In my mind carefully watching any child who uses your pool is the best safety device that can exist. If your child goes to another location to swim, make sure these safety rules are observed. Remember as parents it is our job to watch out for the safety of our kids-they just don't think that much about safety when they are trying to have fun.

Continue reading " SWIMMIMG POOL SAFETY RULES" »

Cell phones are perfect for emergencies and for staying in touch whenever and wherever we need to be in touch. But there is growing evidence that phones and driving don't mix. With roads more crowded than ever and drivers seemingly more aggressive by the day, any distraction can lead to an accident, and cell phones definitely are a distraction.

A recent car accident caused by a driver distracted by a cell phone resulted in a $5.2 million settlement for the plaintiff. Debra was driving on an interstate highway when she was rear-ended by a sedan driven by an employee of International Paper Company. As a result of the collision, Debra had to have one of her arms amputated. Testimony showed that the driver who caused the crash was speeding and using her phone. In addition, the driver ignored her company's cell-phone policy, which requires the use of hands-free headsets while driving.

And while I am on this topic, did you know that texting was 23 times more dangerous than driving alcohol and driving? Many states across the U.S. have passed laws making it a misdemeanor crime to text and drive. The Mississippi House of Representatives offered a bill this year making it a crime to text while driving and the penalties were harsh. The bill did not get signed into law but I bet you can expect to see the law again next year. Texting and driving is very dangerous. Think about this next time you want to text and you have your children or another person in the car. No one wants to be responsible for causing harm to another person.

A few common-sense safety rules can help us avoid accidents and save lives:

• If traffic is heavy, turn off your phone.
• Pull off the road before phoning.
• Use a hands-free type of phone.
• Save stressful, intense calls for home or office.
• If you must phone while driving, do so only when you can easily respond to traffic conditions.

Continue reading "Using Cell Phones in Mississippi can lead to Serious Automobile Injuries" »

Here is a question I ask all parents. Why do we have laws requiring us to buckle our seat belts in our cars, but there are no requirements for seat belts on school buses? Most school buses across the country are not equipped with safety belts. The cost of seat belts on buses would cost about a nickel a day over the life of the bus. Interestingly bus manufacturers claim that seat belts are not needed because of what they call compartmentalization. This is the theory that kids will be protected in an accident because their heads will hit the front of padded seat. Does that seem reasonable to you as a parent? Maybe if we required the manufacturers of the school buses to put their own kids on the bus every day they might change their mind.
My response to Compartmentalization is that it only works in frontal collisions. Frontal collisions only account for 1/3 of all bus accidents. So 2 out of 3 crashes with school buses provide no protection for our kids and then in case of rear collisions, side collisions, or rollovers, children are completely unprotected. Here is another way I like to think of the problem. Suppose someone asked you if they could punch your 6 year old child in the head. You would be astonished at such a request. You would be angry. You might want to punch the person who asked the question. Well, without school seat belts then every time there is a school bus accident and the children hit the front of the padded seat, it is like having someone punch your child in the forehead. That is not okay with me. Yet, it seems to be the argument with the manufacturers.
I know it might cost more to put seat belts in school buses. We live in some very economically tough times. But would you give up one coke a day or one Starbucks coffee a day or a pack of cigarettes, or any luxury item for the protection of your kids? If you do not have kids or your kids do not ride the school bus I still believe you should be interested in this issue. All kids need our protection, whether they are our kids, whether they are white, black, yellow or brown. Kids are our future. And I will leave you with one other statement on this issue that might right a bell. When I was little I remember a Bible passage from Jesus that went something like this: Whatever you do to the least of my people, you do to me. Our kids are the least of our people because they cannot protect themselves. They have to get on the bus. So, I hope you will bring this issue up with other concern parents. I notice when I Googled this topic there were organizations promoting these safety concerns. You may wish to research into one or more of these groups and join to start a movement around the Jackson Metro Area.

Your graduating senior may still be your baby, but in the eyes of the law he or she is an ADULT!

That means you can no longer make important medical or financial decisions for your child without their permission. But your job of being a PARENT doesn't stop just because your child turns 18. If there's a medical emergency or your child asks for financial help, you NEED the ability to cut through the legal red tape and get involved.

FACT: Doctors, hospitals or financial institutions (i.e. college business offices, student loan processing agents, banks, etc) will NOT bend the rules on this! It's against privacy laws. You must have 3 KEY DOCUMENTS in place to make important medical or financial decisions on your child's behalf. Even something as simple as a status update would be refused!

It's easier to see this need in case of medical emergencies, but financial decisions are as equally concerning. Millions of college students fall prey to the "predatory" lenders on campus, all promising money through student credit cards and student loans. You need to be legally able to assist and safeguard the financial wellbeing of your new adult.

You need to ensure you do not fall prey these lenders yourself through cosigning for credit cards, student loans, etc. As a Mississippi bankruptcy attorney, I often I see young adults who have run up enormous debt during college and are now facing lawsuits and garnishments. I also see parents and grandparents are also facing the same due to cosigning for their childrens loans. Student loans cannot be discharged through bankruptcy.

I call these 3 key documents the Parent Child Protection Kit, as they will give you the legal permission you need to HELP your child! Seeking the counsel of an attorney is always recommended, however these forms are all available on the internet, free of charge, and do not require an attorney.
• Advance Health Care Directive
• Financial Power of Attorney
• HIPPA Medical Release Form

Here's wishing your new adult a hearty congratulations on their big graduation day and hoping that, through your guidance, they will never need my services!!