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Illinois Veterinarian Insurance Policy Information
Illinois Veterinarian Insurance. As a veterinarian, you face many of the same risks and potential liabilities faced in any medical profession, which makes it necessary to purchase sufficient insurance to cover any claims against you.
Veterinarians are medical doctors who conduct routine physical examinations of animals, vaccinate them, and tend to their diseases and injuries. Some treat common household pets, while others specialize in the treatment of large farm or zoo animals. Some veterinarians specialize in a specific branch of medicine, such as animal oncology.
A business owner's policy for vets makes a lot of sense because it gives your small business three separate coverage types to give your business a buffer of protection against unforeseen losses and claims. This type of policy can also be customized with additional coverage types and riders to meet specific needs you have in your particular practice. This is why Illinois veterinarian insurance is so important.
Illinois veterinarian insurance protects your practice from lawsuits with rates as low as $37/mo. Get a fast quote and your certificate of insurance now.
What is a Business Owner's Policy for Veterinarians?
As a vet, you care for animals and provide the best level of care. But you are not immune to potential liabilities that arise from time to time in any small business. For example, a client may become injured while at your facility, or an employee may slip and fall. Situations such as these leave you vulnerable to claims. With a business owner's policy in place, you can face these situations with confidence while protecting your business' assets from potential seizure if a large enough award is granted. This is a basic type of Illinois veterinarian insurance policy that gives you:
- Liability coverage. General liability coverage with a BOP policy insures your business from claims by injured parties who suffer injuries on your premises. For instance, a client comes into your office with his pet, and he trips over a rug in the waiting room, falling and breaking a wrist. The resulting claim falls under your liability policy, not out of your pocket.
- Business property damage insurance. The building in which you conduct your business is protected by business property damage insurance under most standard business owner's policies. This protects both the building and the things inside it, including your medical equipment and furnishings as well as the structure.
- Business income loss coverage. If a covered event causes you to close up shop while repairs are being made, then the lost income you experience as a result may be payable under this type of coverage. For example, if a fire causes the shutdown of your veterinary clinic, then the income you lose while reasonable repairs or relocation is made is paid out to you under this type of policy.
Who Needs Illinois Veterinarian Insurance?
All small businesses, including your veterinary clinic, should carry a IL business owner's policy. In short, any small business that faces potential claims and lawsuits should consider buying the BOP policy at a minimum. Any business owner with assets to protect from damage, theft, or other loss should also buy this type of policy.
The coverage types outlined above are standard with most BOP policies, but your particular business may need additional types of coverage. Work with anagent to determine the exact needs that you have. Additional insurance riders can be packaged with a BOP policy for a more comprehensive type of Illinois veterinarian insurance policy that's suited to your specific risks. After reviewing your circumstances, an agent can recommend a variety of insurance products to meet your needs. Among them may be:
- Errors and omissions coverage. This is professional liability insurance, and as a vet, you may already carry this type of insurance. Because you work with animals, you likely know how easy it sometimes is to make a mistake around an animal that is nervous, energetic, or extremely ill. If this happens, professional liability insurance can pay for any expenses or damages that occur from your error. This coverage also pays for your defense when you go to court.
- Animal bailee coverage. If an animal in your care is lost, injured, or dies in your care as a result of your negligence, its owners can hold you liable. This coverage pays for expenses that you might incur, including medical care, advertising costs, rewards, and more. This coverage also kicks in to pay for the cost of moving animals from your facility to another due to a covered event.
- Commercial auto policies. If you drive your vehicle in the course of doing business as a vet, then a commercial auto policy is crucial. This policy protects your vehicle in much the same way as a personal auto policy, but it is designed specifically for businesses.
- Data breach coverage. Because hackers are always looking for a new mark, data breach coverage is a good idea. If the data you store about your clients is jeopardized, this insurance pays for any related claims.
- Worker's compensation. Veterinarians with employees need additional insurance coverage for worker's compensation. This type of policy pays your employees' medical costs if they become injured or ill due to a work-related event. In many states, this is a required purchase for employers.
While there is no specific insurance package to meet the needs of every business, a BOP policy is a good place to start. Talk to a licensed agent who can review your situation and find the right level of protection for you.
IL Veterinarian's Risks & Exposures
Premises liability exposure can be high if customers visit the premises. The customer waiting area must be kept clean of animal waste and loose animals in order to prevent slips, trips, and falls. Leashes and carriers should be required to protect customers and other animals. Known problem animals should be seen during special hours to restrict them from interacting with other animals in the waiting area.
If boarding is provided, enclosures should be secured to prevent escape, with each animal boarded separately to prevent attacks by other animals. Escaped animals could attack people or other animals, or cause damage to neighboring properties. Off-premises exposures include visits to clients' premises. The veterinarian's equipment should not be placed in a way that poses a tripping hazard to others.
Products liability exposure is moderate if the veterinarian is selling animal food and supplies. The exposure increases to that of a manufacturer if the veterinarian modifies or sells a directly imported product.
Professional liability exposures are very high. The primary professional exposure is the failure to correctly diagnose and treat diseases and injuries. If the veterinarian specializes in farm animals, a mistake in diagnosis can result in loss of an entire group of animals. If the veterinarian specializes in treating high-value animals, such as racehorses or dairy cows used for embryo production, the exposure is severe due to the projected loss of income from stud fees or fertilized embryos.
Replacement for a misdiagnosed zoo animal may be prohibitively expensive. Veterinarians should be well trained, experienced, and properly licensed. Employees must carry out only the procedures they are licensed to handle. Interns must be carefully supervised. A complete medical history should be obtained for each animal patient, with an ongoing history of inoculations, diseases, injuries, and treatments noted. Owners upset with the outcome or manner of care for their pets may initiate claims for mental anguish.
Environmental impairment exposure is moderate due to the potential for air, surface or ground water, or soil contamination from the handling and disposal of biological waste material, including euthanized animals or body parts. The veterinarian must follow all federal and state procedures for disposal.
Workers compensation exposure is high due to the unpredictability of even the most domesticated animal. Workers may be injured by biting, scratching, kicking, or other attack. Large animals, particularly those in pain, may crush, gore, or trample workers. All employees must be trained in appropriate restraint techniques. Problem animals should be clearly identified so that appropriate precautions can be taken. Owners should be required to assist as needed. Lifting injuries resulting in back strains or sprains are common, as are puncture wounds, trips and falls, respiratory ailments from inhaling dander, and communicable diseases transmitted by animals. Employees should wear gloves and masks to prevent contamination from bodily fluids, particularly blood.
Property exposure depends on the operations. For large animal veterinarians, the premises will be limited to storage of equipment, medicine, and paperwork as most services are performed offsite at clients' locations. The premises for small animal veterinarians and surgical clinics will include offices, operating rooms, and overnight boarding facilities.
Ignition sources include electrical wiring, heating and air conditioning, and possibly flammable anesthetic gases. These should be properly labeled and stored away from combustibles such as food and bedding supplies used for boarders. Cleaning equipment necessary to maintain a sterile environment can be susceptible to damage from fire, smoke, and water. Dust and fur from grooming can ignite unless there is adequate ventilation. Poor housekeeping can be a serious fire hazard.
Damage to property due to animal escape is a concern. An on-premises crematory or incinerators increase the exposure to fire due to the high temperatures required to consume animals or body parts. There must be adequate clearances as the flue exits the chimney and controls in place to prevent overheating. Fuels used for crematory ovens include liquid petroleum, natural gas, or home heating oil. These must be stored in approved containers.
Animals and pharmaceuticals may be a target for theft or vandalism. All animal enclosures must be properly secured. Limited amounts of pharmaceuticals should be kept on premises. Controls should be in place to prevent access to the premises after hours. Alarms are recommended.
Crime exposure is from employee dishonesty and money and securities. Background checks should be conducted on all employees handling money. Money should be deposited on a regular basis. Ordering, billing, and disbursements should be handled as separate duties, with audits conducted on a regular basis. The drug PCP and other pharmaceuticals may be a target for theft. Animal anesthetic must be kept under careful control with limited amounts kept on premises.
Inland marine exposure is from accounts receivable if the veterinarian offers credit, bailees customers, computers, owned medical equipment, and valuable papers and records for animals', customers' and suppliers' information. The bailees exposure comes from animals left in the veterinarian's care for boarding or treatment.
Coverage is necessary as loss due to fire, windstorm, theft or other physical causes of loss would not be covered under the professional liability policy. A veterinarian will often take equipment and tools to off-site locations to perform surgeries or other types of treatments. Duplicates of all records should be made and kept off site.
Commercial auto exposure is generally limited to hired and non-owned for employees running errands. If the veterinarian travels to the patient's site, as with farm or zoo animals, the exposure increases. All drivers must be licensed with acceptable MVRs. All vehicles must be well maintained with documentation kept in a central location.
Illinois Economic Data & Business Insurance Requirements
For moguls who are thinking about conducting business-related affairs in Illinois, it's important to have an understanding of the state's economic outlook. It's also a wise idea to familiarize yourself with the regulations regarding IL commercial insurance.
Here we provide some insight regarding the data that pertains to economy of Illinois. We also provide a brief overview about the types of commercial insurance coverage business owners are required to invest in, or should invest in, even if it isn't mandatory.
Business Economic Trends In The State Of Illinois
According to several reports that compile the economic data for each of the 50 states and compare that information to the national average, Illinois isn't in the best position. While there has been some improvement, the gains have only been slight. Income and employment rates have risen, and the housing market has increases; however, the gains in these areas have been minimal, especially when compared to the gains that other states have experienced.
While the unemployment rate has improved, falling to 4.8 percent in 2017 after it was stuck at a rate of almost 6 percent in 2016 and 2015, it appears that in reality, the IL labor force and employment gains are contradicting. In 2019, tens of thousands of people fell out of the state's labor force.
Looking to the future, it is predicted that while the employment rate in Illinois will grow, the rate at which it will grow will be much lower than the national average. Currently the projected annual job growth of the state is .5 percent. Following are some of the largest industries in IL.
- Agriculture
- Exports
- Manufacturing
- Mining
- Service Industries
Illinois Commercial Insurance Regulations
The Illinois Department of Insurance regulates insurance in IL. Businesses are required to carry workers compensation insurance. Workers comp is mandatory for any business that employs either an hourly or a salaried workforce, even if that workforce is just one person. Organizations are also required to carry IL commercial auto insurance if they use vehicles for any business-related reasons, such as deliveries, transport, or client visits.
General liability insurance is not required, nor is commercial property insurance; however, it is a wise idea for companies to invest in this type of coverage, as it will safeguard from lawsuits or losses that their properties could sustain.
Additional Resources For Medical Insurance
Discover small business insurance for medical and dental professionals. Medical malpractice insurance is a type of professional liability that protects health care professionals from liability causing in bodily injury, medical expenses and property damage.
- Ambulatory Surgical Center
- Art Therapy
- Assisted Living Facilities
- Audiology
- Dental Lab
- Dental Office
- Diagnostic Imaging Centers
- Healthcare Facilities
- Home Medical Equipment Dealers
- Hypnosis
- Malpractice
- Marriage & Family Therapy
- Medical Laboratories
- Medical Marijuana Dispensary
- Medical Practice
- Mental Health Counseling
- Occupational Therapy
- Ophthalmologist
- Optician
- Optometrist
- Physicians Office
- Podiatrists
- Psychology
- Psychiatrists
- Skilled Nursing Facilities
- Speech Therapy
- Substance Abuse Counseling
- Veterinarian
Health care providers are the most trusted individuals in our society. Ironically, they are the same ones who can do the greatest harm. They actually have the right to invade our bodies with knives and to poison us with chemicals - all in the name of health care and with the goal of relieving our symptoms and hopefully bringing about a cure.
While the actions of these professionals normally benefit us, insurance coverage must be available for the times when mistakes happen and things go wrong. These professionals and their facilities have extensive property exposures that are becoming more and more intricate and whose values are increasing exponentially.
The 'one size fits all' approach that once could have applied to insurance for health care providers and their facilities no longer applies.
Professional liability offers protection against claims of malpractice for all sums that the medical professional becomes legally obligated to pay as damages because of rendering or failing to render professional services.
Professional and medical malpractice exposures are the most expensive and difficult of all exposures for health care providers. The commercial general liability policy excludes these exposures so separate coverage is needed. Most professional liability policies are written on a claims-made basis and, as a result, tail coverage and retroactive dates are important coverage issues to be aware of when evaluating the insured's coverage needs and comparing coverages.
The coverage provided is often called medical malpractice. For decades, many involved in the health care field and insurance companies that provide insurance coverage to providers have stated that malpractice lawsuits have created an ongoing crisis of restricting insurance availability, due to loss of insurance companies that write the coverage and significant rate increases.
As a result, state legislatures have taken the following actions to address the situation:
Imposed a dollar limitation of liability for malpractice suits.
Modified statutes of limitation to limit the number of years that a suit may be brought against a physician following a negligent act.
Modified when the statute of limitations takes effect. An example is beginning from a negligent act's occurrence rather than from its discovery.
Passed laws to modify tort law procedures and doctrines that relate to malpractice.
Because of differences in law by state it is important to know the states in which the covered health care providers are licensed and regularly practice. Some health care providers may practice in multiple states because of their particular specialty, their reputation or the demand for their services. Some hospitals may have ownership in facilities or provide services to patients that are outside of their main location state.
Minimum recommended small business insurance coverage: Business Personal Property, Business Income and Extra Expense, Employee Dishonesty, Money and Securities, Accounts Receivable, Computers, Physicians and Surgeons Floater, Valuable Papers and Records, General Liability, Employee Benefits, Professional, Umbrella, Hired and Non-owned Auto & Workers Compensation.
Other commercial insurance policies to consider: Building, Earthquake, Equipment Breakdown, Flood, Leasehold Interest, Real Property Legal Liability, Computer Fraud, Forgery, Cyber Liability, Employment-related Practices, Business Automobile Liability and Physical Damage and Stop Gap Liability.
Request a free Illinois Veterinarian insurance quote in Addison, Algonquin, Alton, Arlington Heights, Aurora, Bartlett, Batavia, Belleville, Belvidere, Berwyn, Bloomingdale, Bloomington, Blue Island, Bolingbrook, Buffalo Grove, Burbank, Calumet, Carbondale, Carol Stream, Carpentersville, Champaign, Charleston, Chicago Heights, Chicago, Cicero town, Collinsville, Crest Hill, Crystal Lake, Danville, Darien, DeKalb, Decatur, Des Plaines, Dolton, Downers Grove, East Moline, East Peoria, East St. Louis, Edwardsville, Elgin, Elk Grove, Elmhurst, Elmwood Park, Evanston, Freeport, Galesburg, Geneva, Glen Ellyn, Glendale Heights, Glenview, Granite, Grayslake, Gurnee, Hanover Park, Harvey, Highland Park, Hoffman Estates, Homer Glen, Huntley, Joliet, Kankakee, Lake in the Hills, Lansing, Libertyville, Lisle, Lockport, Lombard, Loves Park, Machesney Park, Maywood, McHenry, Melrose Park, Moline, Morton Grove, Mount Prospect, Mundelein, Naperville, New Lenox, Niles, Normal town, North Chicago, Northbrook, O'Fallon, Oak Forest, Oak Lawn, Oak Park, Orland Park, Oswego, Palatine, Park Forest, Park Ridge, Pekin, Peoria, Plainfield, Quincy, Rock Island, Rockford, Rolling Meadows, Romeoville, Roselle, Round Lake Beach, Schaumburg, Skokie, South Elgin, South Holland, Springfield, St. Charles, Streamwood, Tinley Park, Urbana, Vernon Hills, Villa Park, Waukegan, West Chicago, Westmont, Wheaton, Wheeling, Wilmette, Woodridge, Woodstock, Zion and all other cities near me in IL - The Prairie State.
Also learn about Illinois small business insurance requirements for general liability, business property, commercial auto & workers compensation including IL business insurance costs. Call us (312) 300-7929.


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Monthly Archives: October 2018
Poor hubby is having a challenging time getting that winter potty area done in the backyard because a lot of the time the "teenagers" are out there with him. (We're trying to spend as much time outside while the weather … Continue reading
Puppy delivery day
Puppy delivery day was a success! The Jules and Clancy pups went home with their excited new families today. It was so good meeting new friends and connecting with old friends. What's better than a Pinewood Puppy ? Well, two … Continue reading
Puppy news!
Thank you all for being so patient! I know most of you are anxiously waiting to hear about our two new litters! It's been a crazy, busy, tiring week and my focus has been on them and their moms. A … Continue reading
A littermate
I thought it was time Genesis had her own littermate to play and cuddle with. ❤ You can see she loves him already! ❤
I'm full
No, I didn't overeat at breakfast. Fact is, I haven't had breakfast yet. But I'm still full. My living room is full. My hands are full. My heart is full.❤ Yes, babies arrived in the wee (wee) hours of the … Continue reading

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Kings XI Punjab is one of the few teams that have struggled in the Indian Premier League on a consistent basis. Which is why it wasn't surprising to see them going all-out in the IPL 2018 auction, Virender Sehwag flanked by Preity Zinta and Ness Wadia adopted a very aggressive approach this year. The management kept going for one player after another and though they missed quite a few of them, we have to say that KXIP have managed to create a very competitive and dangerous squad.
Having retained only all-rounder Axar Patel, Kings XI Punjab (KXIP) knew that they had to go big in the auction if they are going to challenge for the trophy this season. In the end, they not only bought quality Indian players like Yuvraj Singh and KL Rahul but also managed to pick quite a few overseas players who can be game changers for IPL 2018. Heavyweights like Aaron Finch, Chris Gayle, David Miller, Marcus Stoinis, Ben Dwarshuis and Andrew Tye joined the franchise for the 11th season. It will be a tough task for Virender Sehwag and Brad Hodge to decide which 4 overseas players will be in the playing XI for IPL 2018.
Here we put together a list of 4 overseas players who are most likely to start for Kings XI Punjab in their opening group match:
Aaron Finch
With the franchise recruiting KL Rahul for INR 11 crores one opening slot has been confirmed. The 2nd openers slot will have to decide between Aaron Finch and Chris Gayle, who surprising was picked at his base price only for the third time of asking. The Australian opener was however bought for INR 6.2 crores. With Gayle still not showing consistency at the top of the order, one feels that KXIP might just go with Aaron Finch for the first few games and see how he is doing opening batting. With the foreign players they have got this time, they can afford to chip and chop according to the opposition and ground conditions. Finch is also one of the contenders to take up the captaincy in the team.
David Miller
A veteran in the IPL now, David Miller has spent the last 5 seasons playing for the Kings XI Punjab (KXIP), who again managed to get him in the auction this time with a bid of INR 3 crores. He will play a very important role in the middle order, where he has over the past seasons played some truly brilliant knocks, most being match winning ones. Miller is a power hitter, who can increase his teams total by 30-40 runs in the final few overs. Apart from his talent with the bat, the South African international is also a brilliant fielder, inside the circle and also on the boundary line. Kings XI Punjab (KXIP) will be glad to see him back in the dressing room.
Marcus Stoinis
One feels that the Australians will mostly dominate the foreign quota in the Kings XI Punjab (KXIP) team. Marcus Stoinis, an Australian international has been making quite a bit of wave in world cricket, especially with his performances recently for his national team and his Big Bash franchise. Stoinis is a very useful bowler to give the team 4 good overs, and along with he can strike some big blows over the rope during the final few overs of the innings. In his recent performances, he has shown that his batting is improving at a considerable rate which makes him one of the hottest property in T20 cricket.
Andrew Tye
Another Australian in the list, Andrew Tye is currently the best fast bowler in the T20 cricket. Which is why it wasn't surprising to see most of the teams going hammer tongs to get the 31-year-old and in the end Kings XI Punjab (KXIP) out trumped everyone with a bid of 7.3 crores. It was pretty surreal when Andrew Tye scalped 5 English wickets in the 5th ODI just minutes before his name came up in the auction. He will be leading the Kings XI Punjab's bowling unit and will be itching to put his lethal knuckleball to use.
READ: IPL 2018: Four overseas players Mumbai Indians should play.


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Adapted from Diner, Williamsburg, Brooklyn
Time: 30 minutes
1. Place potatoes in a saucepan and add broth to cover by about 1 inch. Season with 1/2 teaspoon salt and a pinch of pepper, or to taste. Bring to a boil and simmer until just tender but not falling apart, about 20 minutes. Remove potatoes from broth (reserve broth for another use) and allow to cool to room temperature.
2. Meanwhile, in a medium skillet, combine onion with 1 tablespoon fat. Place over medium-low heat and sauté until translucent, about 5 minutes. Season with salt and pepper to taste, and add 4 thyme sprigs. Reduce heat to low, and continue to cook, stirring occasionally, until onion is soft and caramelized, about 10 more minutes. Add vinegar, cook 1 minute more. Remove from heat, and discard thyme sprigs.
3. Slice cooled potatoes into rounds 1/3 inch thick. Place a large cast-iron skillet over high heat, and add 2 tablespoons fat (or as needed to provide a thick coating on bottom of pan). When fat is extremely hot, add potatoes and allow to sit without stirring or shaking until seared and crispy.
4. Turn potatoes and sear and crisp other sides. When well-browned, add caramelized onions, salt and pepper to taste, and stir to mix. Chop remaining 2 sprigs thyme (or if stems are woody, use leaves only), sprinkle over potatoes and serve.
Yield: 4 servings.Continue reading the main story


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Grab this one for your summer wardrobe!! It features functional buttons (hello... nursing friendly!), a scoop neckline, short sleeves and rounded hemline. This tunic is great to wear with shorts through the summer but can easily transition into fall with jeans and a cardigan! It's an anything but basic, must have piece!!
Fit: true to size
Material: 55% polyester, 40% rayon, 5% spandex
Model: Krista is 5'6" and wearing a L (her usual size is a L)


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About This Content
Content in this special section was created or selected by the Everyday Health editorial team and is funded by an advertising sponsor. The content is subject to Everyday Health's editorial standards for accuracy, objectivity, and balance. The sponsor does not edit or influence the content but may suggest the general topic area.
Healthy eating is important for people with MS, but symptoms can interfere with the energy that's needed to prep — or even eat — a healthy meal. In this video, Denise lets us in on her secrets for success in the kitchen.
Last Updated: 09/25/2015


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Sponge Puff for Foundation
A sponge puff for use with Shiseido Foundation.
Item No. 0729238533004
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This item is out of stock. Sign up to be notified when it's back in stock and to receive access to new collections, insider updates, tips and exclusive offers. By signing up I agree that the collection and processing of my personal data will be in compliance with the Shiseido Privacy Policy, and I agree that my use of the website will be in compliance with the Terms and Conditions.
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Free Shipping with your $25 purchase and free samples with every order.Overview
Specially designed for use with Shiseido Foundation for an even application to all areas of the face.
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Hi Noemie, we only offer one size of our UV Protective Compact Foundation, which you can find here: https://bit.ly/2mIeczA. It is small enough to be travel-friendly.
Date published: 2018-07-26
Hi, can it be used to apply finishing powder?
Hi, you can use our Sponge Puff for powder. We also offer our Powder Brush if you prefer to apply your finishing powder with a brush.
Date published: 2018-02-28
what is the diameter of the sponge puff for foundation?
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Date published: 2017-12-29
Hello, does this sponge contain latex? Can it be used with powder foundations?
How big across is this? I want one at least 3 inches across! TIA
Hello! What material ?
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Sponge Puff for Foundation is rated out of 5 by 6.
Rated 2 out of 5 by Miko from It is hard to use Not soft
Date published: 2016-12-23
Rated 5 out of 5 by N/A from I love this sponge for my Dermablend foundation forever! This sponge is long lasting and the right size and texture for my Dermablend foundation. Other sponges are do not make my blending on my face look perfect.
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Date published: 2012-11-18
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Part of National Museums Liverpool
Also in this section…?
In the entrance hall you will find paintings by artists such as John Everett Millais, Edward Burne-Jones, Sir Lawrence Alma-Tadema and Henriette Browne.
By the stairs there is one of two sculptures of members of the Naylor family by Benjamin E. Spence, a Liverpool sculptor who worked in the fashionable neo-classical style in the early Victorian period. John Naylor, a Liverpool banker, commissioned the sculptures in 1852 and this one is of his two daughters. The other sculpture is of his wife with their two sons.
They were presented to the Walker in 1967 by Mrs C. Cleaver. The sculptures were brought to Sudley House because in the 20th century, a member of the Naylor family married a member of the Holt family, creating a link between the two.
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Chapter III: The Musicians
Chapter III: The Musicians
{Published in a slightly different form in Plain Brown Wrapper in 2008]
Hemadri Chandragupta ordered manufacture of Gold Mountain products from one of a small number of suppliers he had established relationships with; three in Taiwan, one in Korea, and one in Ireland, but his offices where design, marketing, sales, and finance took place were in a tilt-up building in Santa Clara, California.
Tilt-up buildings, as common as fast food shops in Santa Clara, are always two-story, and from the outside seem half way between a warehouse and a theme-park castle.
To erect a tilt-up building first you lay a foundation the size of a quarter city block, then pour two-story, concrete walls lying flat on the ground with their edges touching the foundation like four, rectangular flower petals. Then you layout a roof on the foundation, tilt the walls up and lock them together at the corners, then slide the roof up like an elevator platform. Now you can start on the interior, sheltered from the elements. The sole support of the building is the outside walls. The interior walls are called curtain walls because they hang from the ceiling and lock to the floor. It is easy to rearrange them to suit different tenants. A donut of office space, divided by walls or not, surrounds a core of service areas.
The brochures for the building described the setting as "park like", but actually it was more like a small, moundy golf course. Lawns surrounded the buildings with miniature, rolling hills, 5-10 feet high covered with neatly mown grass and low bushes that looked like trees reduced in scale, and fountained ponds the shape of putting greens. The originator of this landscape had read an article by an evolutionary biologist to the effect that our ancestors had evolved in a landscape of low hills and lakes. To prove this, the biologist had shown infants pictures of various landscapes and found they crawled toward views of low hills with scattered trees and lakes. Full-scale hills and trees were impractical, so the landscape architect had shrunk them.
Gold Mountain Hardware occupied the top floor of this tilt-up. The outer walls were mostly tall windows and the interior was arranged to distribute as much window light as possible to the people inside and as much sight as possible of the outside, where other tilt-ups receded in perspective beyond the grassy hillocks, miniature trees, and lobey ponds. Only Chandragupta's corner office had opaque walls. The rest of the perimeter was mostly meeting rooms, a café, and three other offices. All these were walled mostly with glass on the interior side. Within were large spaces devoted to cubicles. Glass walls grouped the cubicles for purposes of heating and air conditioning. The closed core, perhaps a fifth of the total volume, held bathrooms, a small gym, rooms for computers, wiring, janitors etc.
Chandragupta put Lee in a cubicle near his office. He discovered that in the mornings he could hear Lee's bike drawing into a place set aside for motorcycles below his window. Seeing him drive up made him think of the life of youth he had never known. He had been taken up as child of eleven, by a professor of engineering who had chanced to see his talent when he was working for a contractor doing a small wiring job in the professor's house. He had never seen electrical wiring then but it did not occur to him that it was hard to understand. The professor clearly took a fancy to Hemadri, but he was only something more than a student and less than a relative. The professor had been generous and demanding, saw to it he was educated, kept him in his house on condition he kept up his grades, but he lived in the house with the professor's wife two sons and a daughter as an outsider, a step below a dependent relative. The sons were honest, decent, self-indulgent young men who had nothing special but the gristly connection of birth. With the sister he was never on the easy terms that a brother is in a conventional Hindu household, which are totally unlike the relations with a male outside the family. He remembered the brothers had successively received scooters for their 14th birthdays while he had nothing but a hand-me-down bicycle, even though the professor talked to him into the night about engineering possibilities that would have been meaningless to his own sons.
But the course of software projects never runs to clock, and on the Wednesday before it was his last day the programmer Chandragupta's software engineer assigned to work with Lee and learn the ropes looked at Lee and said, "We're not going to finish." He was a short thin man who wore western shirts and cowboy boots. He wrote the manuals for Gold Mountain products where they were necessary, and clearly he had been sent to make sure the code included clear and orderly comments. They had found a bond in that that they both believed in commenting code carefully.
Lee smiled to cover his embarrassment, nodded, and said, "Wouldn't you know?"
Chandragupta had the only real secretary in the company, a rather dour woman from the San Jose Japanese-American community named Mildred Okamoto who had a helmet of salt-and-pepper hair and wore a succession of brown suits. Three young women worked as "area associates" —gofers, phone answerers, copiers — and reported to Okamoto, but they were all looking for other jobs or husbands or both. Mildred Okamoto was the only pro. She sat outside his door at the only wood desk in the building, a few papers neatly arranged around a small monitor. Lee went to her and asked for the earliest appointment available, which was the following afternoon.
But just as he finished speaking Chandragupta came out and stated, "Mildred said you wanted to see me."
"Yes, I wish to apologize, sir, I will not have the simulator running on Friday."
Chandragupta chuckled, "I suppose your implication is, it was the shortcomings of the hardware."
"No," Lee tried to be meticulous; he did not like to put blame on others, "the hardware has performed as described, well almost. I failed to anticipate..." and he mentioned some knotty problems in the simulation.
"Do you not feel you are duty bound to remain here and finish the designate task? Of course I will continue your contract, and pay for another ticket change," Chandragupta said. The high-pitched, singsong quality of his voice seemed to make his words apologetic, although Lee felt the force of his obligation.
"Of course if you want me to," Lee granted.
Then Chandragupta lightly tapped him on the shoulder with his fist, like an American, or a Brit, Lee thought, and added, more forcefully, "You better put on another week to make a couple of initial runs."
Lee felt obliged to agree and at the same time felt as if a weight were lifting from him.
A cafeteria on the bottom floor served the whole building. Hemadri Chandragupta, following a custom in many small- and medium-sized Silicon Valley companies, reserved the space on Friday starting at five and encouraged his employees to drop in, drink a free beer, and socialize. Chandragupta had first met the custom in another company he worked for and did not follow it himself. People who played music had gradually taken over Chandragupta had never had time for music in his life and, although he was not a teetotaler, he did not drink for sociability's sake. He thought of alcohol, which had been entirely absent from his upbringing, as one of the luxuries that he had earned and tended to drink small quantities of single-malt whiskies and expensive French wine on formal occasions although he did not enjoy their flavor.
But the Friday afternoon beer busts flourished without him and grew musical. Several people who worked for Gold Mountain were serious musicians. Most played keyboards or guitar, but there were other instruments reflecting other musical genres, a violin, an acoustic bass, an American who played the sitar, and a man who played not only the oboe, but also several early double reeds such as the shawm and the crumhorn. The double reed player acted as informal leader. He customarily wore dresses. It was not that he was trying to appear feminine; he was just a moderately bony, hirsute man who rather awkwardly wore a cheap, cotton dresses.
The cafeteria was a featureless; cream-colored room about 30 by 50 ft. The serving counter ran along one wall and, opened only for breakfast and lunch, was closed Friday afternoons by blank stainless steel panels. Tables and chairs filled the room. For the beer bust one table at the end held a keg of beer, paper cups, and chips and dips. The musicians had pushed the tables against the wall and arranged about a dozen chairs in a semicircle facing down the room. Chandragupta had contributed an expensive keyboard and drum set, which were normally stored in a linen closet. An empty space of about 10 feet separated the performers from the scattered chairs where listeners sat.
Lee had heard of the music at the beer busts during the first week he was at Gold Mountain from the guy assigned to work with him, but he assumed he would not have an opportunity to enjoy it. But the Friday after his contract was extended, he slipped in and sat among perhaps a dozen listeners.
@@When he entered, four people were playing: a plump guy in a plaid shirt with long reddish gold hair, which blended with his beard was seated at the keyboard. A tall, solid woman in bluejeans, another plaid shirt, and worn cowboy boots sat on a stool playing an acoustic bass. A guy in owlish glasses and a neatly trimmed beard who wore corduroy suit pants and a white shirt played electric guitar. A young man apparently Indian played electric bass. No one was sitting at the sparkling drum set. Cables snaked to speakers. They were playing a Grateful Dead tune. When they finished there was the popping of applause and people got up to refill their beer. The double reed player gestured generously towards Lee, introduced him as a new temporary contractor and asked him if he played.
Lee granted that he played both the French horn and the guitar, and the double reed player invited him to take a turn, but he demurred because he did not have his own instrument. One of the guitar players offered to sit out, and Lee improvised a simple baseline, concentrating carefully on the line laid down by the acoustic bass. She struck him as a person who knew what she was doing and was well trained. No hesitation or slop in her riffs.
When they finished there was a little more clapping and the double reed player asked if he wanted to solo. He politely declined, but promised he would another time.
He hung around listening until the party broke up. Where he'd been employed in New England there had been no such gatherings at work and, while he was unfailingly friendly with his co-workers, his social circle had mainly come from the Chinese-American community he'd been born into. He had a feeling that these were creative people that he could learn something from them even in the short time before he moved on. Out in the parking lot he was just taking his leathers out of the saddlebags when the bass player appeared with her cased instrument, unlocked a small van, and slid it in. They greeted each other and exchanged compliments on one another's playing. Lee thought about the problem of carrying his guitar on his bike. He thought she gave an interesting impression of soundness mixed with zaniness.
During the week he ran into several people he had seen in the Friday evening group and asked them what sort of thing they usually played. He wanted to bring in something that would please them. When he played the French horn in an orchestra he concentrated on fulfilling the design of the conductor, or more accurately, of being part of the whole seamless sound the orchestra produced leaving possible effect on the audience to the conductor. But when he was part of a small group he carefully sought both to blend in with the group and to please his listeners. Some folks spend their time repeating chords waiting their turn to solo, but he believed the true expression of skill was a solo that made everyone sound better.
The Friday evening following the contract extension found him carrying his guitar into the gathering in the cafeteria where he played in the groups, but again declined to solo. When the party broke up the bass player invited him to go with her and a couple of the other musicians to have a beer at a local bar where they complimented him on his playing. He admired the bass player. It was a little disconcerting that she was a little taller than he and surely weighed more, and she was eccentric. But he liked the way that, though she was eccentric, she rolled in to the group. He was unattached and if he were not bound for distant land….
So the next Friday, which he again thought would be his last, he came having practiced at home a couple of Brian Eno songs and a David Bowie that he was embarrassed to have sentimental feelings about, China Girl. He thought music like this would be popular enough for the Gold Mountain musicians, but complicated enough that he could show his mettle and for him to care about.
When he came in the sitar player was doing a solo backed by someone on the drum set and the acoustic bass — Lee had barely heard Indian music. He sat down on one of the cafeteria chairs near the back, leaned his guitar against the wall beside him, and bowed his head to listen attentively. He found it harmonically thin, the acoustic bass softly repeated a three-note motif ceaselessly the whole time, and he suspected the sitar player blew a lot of notes, but there was something to admire, to learn from.
Choppy applause followed the sitar player's climax. Lee thought it would be nice to ask him sometime what he was trying to do, but there probably would be no chance. The double reed player performed something with an electric bass and the drummer; it must have been a medieval dance.
Then the double reed player gestured for Lee, who came up carrying his guitar. The drummer stood, and the acoustic bass leaned her instrument against the wall.
Lee asked them if they knew Brian Eno's Over Fire Island from his album Green World. The drummer shook his head but the acoustic bass player said she thought she might remember it and played a few notes something like the bass line. Lee corrected her on his instrument and commented apologetically that it wasn't much more of a chance to show her stuff than the raga. "I'll get in my licks sometime, don't worry," she said. She turned to the seated musicians and asked if any of them knew the piece. They shook their heads or remained silent.
They nodded to each other and he began playing. Lee knew the song well enough to improvise easily so he coasted until he knew how much she could do. She played well like a vein flowing modestly under the skin. As they went along he could do more.
When they finished there was a gust of applause, and then a silence, which was more eloquent than the applause. Some one scraped a chair, and it seemed sort of an irreverent act, which provoked another scattering of applause to cover it.
"'Not too shabby!" commented the double reed player. "Are you going to hang out for a while?" He smiled a narrow smile with his head slightly turned to the left.
"Do that for me again, stranger," said a pot-bellied man in an Electronic Freedom Foundation tee shirt and bluejeans. He was often referred to, though not so often to his face, and the mousehead, not because he had a sharp nose a whiskers, but because with his ivory skin, almond-shaped, face and high brow he resembled the computer pointing device of that name.
"Folks don't put it on the line like that in here every week." And turning aside, he queried the Indian bass player in undertones, "Where's he from —Taiwan?"
"I think he's from Boston as myself," the electric bass player replied matter-of-factly.
Lee and the acoustic bassist repeated the tune twice, making it a little more complicated and a little more emotional each time. It was plain that nothing so cordial and at the same time impassioned had been heard in the cafeteria for some time. The slightly off beat accent, the proficient lightness of the fingering, the sense of intense caring, and the seriousness with which he worked, surprised this set of geeks, who were only too prone to mute their emotions with casual fingering.
"I'll be fucked if there's any one around here who plays proactive like that," the Cynic said. The Cynic was a paunchy grey guy who wore a dirty grey sweatshirt, grey gym pants, and a stubble of beard.
"What's 'proactive'," asked a guy everyone called Bitbucket. He was a crane-tall geek with a big Adams apple who habitually walked with his head down and whose mouth fell ajar on the slightest provocation, seemingly because there was no chin to support it. He wore overalls and plain flannel shirts and sat in back with a group who did not play.
"Passive is when you're walking down the street, and somebody punches you out," said the guy usually called Buzzword the dealer. He had backed the double reed player on electric bass "Active is when you punch him back, and proactive is when you walk down the street and punch out some random fucker."
"When you take away from among us the fools," the Cynic continued as if Buzzword had not spoken, "and the assholes, and the lazy boys, and the song birds, and the ecchizuki, and such like, there's damn few left to ornament a tune or hack code in Gold Mountain or any damned digital mountain around here."
"True," said Buzzword the dealer, gazing at the gold-flecked Formica of the tabletop. Buzzword was a man of medium height with big head and broad shoulders from which dangled a spindly body. He dealt recreational drugs, not for the money, he was paid well, but for the love of it.
"Gold Mountain, shit, Lead Valley." The Cynic continued, "I've heard there aren't any contracts six months out. I've heard that Chandragupta doesn't even own us anymore, the VC boys have all the stock and they're just keeping him on as a figurehead until they can find someone who's willing to captain a sinking ship, and for my part I can well believe it."
"Mr. Chandragupta is a fine man and a visionary, and we should all be thankful he lets us work in his environment." Bitbucket spoke as if he had been wounded.
"Where are you from," inquired the guy in the Electronic Freedom Foundation tee shirt from the background, with the tone of a man who preferred the original subject.
"Newton, I grew up in Newton Massachusetts; it's near Boston."
A slight Chinese American woman, who was sitting the back with Bitbucket and the non-musicians, said something in Cantonese Lee could not understand. She wore a soft white sweater, loose fitting black pants and had her hair cut like a helmet.
"I'm sorry," Lee said in English, "I only speak Mandarin" He was beginning to feel as if he were the speaker at a professional meeting facing a question-and-answer session after giving a successful talk.
"Do you play any other instrument?" she asked in English.
"Yes, I play the French horn — in a symphony you know."
"Shit, it wasn't worth your while to play for us," the Cynic continued, "for as Buzzword says, it sucks here--the best of us can hardly hack our way out of a paper bag, and spend our time watching porn from the net except when the manager's standing over us counting lines of code like we were making lice, and most of us reverse engineering the code from the competitors' products.
"But, no!" said Bill Lee, "that's not what he said." And gazing round into their faces with earnest concern he added, "I've talked code with Chandragupta and he understands it better than any manager I've had. He must have gathered a good group around him? I have seen some of the work from here and its is clean, efficient code, and well commented."
"You're working on a short contract, right?" asked the double reed player."
"Yes, I'm…"
"Where did you work in Boston," The double reed player interrupted.
"Boston Communications," Lee answered, "I worked for BCGI."
"How'd you like it?'
"Oh yes, we were a harmonious group - I mean there was nothing like this," he gestured deferentially toward the musicians around him evidently wanting to undo the unintentional pun, "No music, but a team where every body pulled together." Then he looked a little pensive for the first time. "But it was not an organization where I could get ahead, so — so, he looked up as if greeting them, "so here I am a traveler."
"I've heard in Boston you sweat in summer and shovel snow all winter," the mouse-headed man said.
"Oh that's partly true," but it is lovely in the spring and the fall. Surely some of you have been there on business."
"I went to MIT," said the double reed payer," patting down his dress, "and I remember standing in the Cambridge subway station sweating in pouring rain."
"But," Lee continued, "The flowers on the trees in the spring and their leaves in the fall are like a painting and the air is like wine."
"I wish he would send me there," Bitbucket said wistfully.
The Cynic was silenced, and as he could get no public sympathy, he mumbled his feelings to himself: "Shit, if I loved my home town half as well as the new coder does, I'd work in tech support before I'd go away! For my part I've no more love for this Sandstone Valley than I do for the Gobi Desert, and the air is mostly gasoline fumes."
"Come on let him play it again," said the mouse-headed man, "I can listen all night."
Lee glanced at the acoustic bass player who shook her head slightly responding to his smile, "That's all of it," He said apologetically.
"Do you know any Velvet Underground tunes?" asked Buzzword the dealer.
"Do you know any Lady punk?" inquired a fat woman in loose, figured purple pants, the waist string of which was overhung so far by her sides as to be invisible. Almost invisible too were her eyes in a circular disc reticulated with creases.
"Let his digits idle, Gertrude. He ain't got his second wind yet," protested the Indian bass player.
But Lee responded, "I'm glad to oblige you!" and began a familiar Dead melody, which he followed by Norwegian Wood.
By this time he had completely taken possession of the ears of the cafeteria quorum, including even the Cynic. Notwithstanding an occasional odd gravity, which made him seem pretentious at moments, they began to view him through a golden haze, which the manner of his playing seemed to raise around him. Gold Mountain had self-assurance; it had legends; but this stranger's self assurance had a special quality, a modest self-assurance if you will. Maybe he was the first to articulate what all its listeners had longed for, though but dumbly till then.
The acoustic bass saw Chandragupta step in quietly and stand in the back of the room looking round upon the players and idlers with that ambiguous gaze of his, which at one moment seemed to her to mean satisfaction, and at another fiery disdain. His presence was unusual and what was more unusual after a little she saw the helmet of grey hair and the brown suit of Mildred Okamoto, his administrative assistant, who had never been seen at Friday night music before and who was never seen with Chandragupta outside of working hours.
"And are you going to take a regular job here?" the Chinese girl asked.
"O — no!" said Lee, with ambitious fatality in his voice, "I'm only passing through! I am on my way to Taiwan to see what I can do in the land of my ancestors."
"I'm sorry to hear it," said the mouse-headed man. "We can ill afford to lose tuneful digits like yours when they fall among us. And to make acquaintance with a man who plays in a symphony. We don't hear that every day. Maybe there's something to be learned from Bach and Beethoven."
"Fawn plays in the symphony," the Indian bass player said, for that was the name of the acoustic bass player. But the mouse-headed man continued unheeding, "When I was a kid in Sonoma we were hanging out in the park at night and the city fathers didn't like it, so they played Beethoven and -- uh Wagner- over speakers to drive us out. It drove us out sure as shit. It's music from the ungrateful dead and it made me feel like I was being buzzed by zombies."
"I'm sorry you felt that way," Lee said apologetically, "but the music is not dead at all no matter the death date of the men who made it. It contains a world of ideas and techniques, and I could not have played so well except for those dead men," he continued passionately. "There are a hundred kinds of music and they are all one fabric."
"Of course," said the double reed player. He turned to the mouse-headed man. "You need to hear more, before you can say that, you need to listen with your ears to what I play and Fawn plays."
"Where are your things?" enquired the Chinese girl.
"Some are already shipped to Taiwan, and what I had on the plane is with me at my cousin's where I'm staying.
A general sense of regret made itself apparent in the gathering.
4400 words
Copyright © 2008 by Dirk van Nouhuys:
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the author.


text:
Some words from THIS SUNDAY'S OLD TESTAMENT READING [WISDOM 12:13. 16 - 19] will help restore the words righteous and righteousness to their true meaning ... "for your strength is...
The Holy Father announced the intention to celebrate a Day of Prayer and Fasting on Saturday 7th September 2013, in order to pray for peace in Syria, in the Middle East, and in the whole world. Pope Francis will preside over a Vigil of Prayer on the evening of the same day, from 7 p.m. to midnight in St. Peter's Square, and would like all churches around the world to join in this event
Prayer and Intercession for Peace in Syria
God of Compassion,
Hear the cries of our brothers and sisters in Syria;
Comfort those who suffer violence;
Console those who mourn the dead;
Give strength to those in neighbouring countries who welcome the refugees;
Convert the hearts of those who have taken up arms;
And protect those who are working for peace;
God of hope,
Inspire all leaders to choose peace over violence;
To seek reconciliation over enmity;
Inflame the Universal Church with compassion for the people of Syria
And give us insight and courage to build a future of justice for all.
We ask this through Jesus Christ, the Prince of Peace and Light of the world.


text:
Running Track Renovations for Porter Ridge High School and Weddington High School,by GDN Job Post May 21, 2018
The Union County Board of Education, Monroe, NC, will receive bids for Running Track Renovations for Porter Ridge High School and Weddington High School, Bid No. 8-97000130A
Bids will be received by at the UCPS Facilities Department, 201 Venus Street, Monroe, NC 28112 no later than 10:00 am on May 29, 2018. The sealed envelope must reference Company Name, Address, and Bid Number.
Bids may not be withdrawn for (60) days after bid due date.
The Owner reserves the right to reject each and every bid and to waive informalities in bidding.
Minority Participation:
Bidders shall note the compliance with the Owner's Minority Participation Policy is applicable to this project.


text: A user pointed out to me that the old landscape mode had lots of wasted space at the top. In 1.03, when the phone goes to landscape, the navigation bar and status bar disappear. This recovers that space and when using a keyboard, much more can be seen on top.


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Your emotions affect every decision you make. They impact your relationships, your work life, your psychological well-being, and your physical health. Studies show your emotional skills can even determine how successful you'll be.
Despite the huge significance emotions play in your life, there's a good chance you don't think about your feelings very often. Most people don't.
People rarely talk about feelings and most of us weren't ever taught how to deal with them.
As a psychotherapist, these are the most common emotional mistakes I see:
- Denying how you feel.
You probably wouldn't deny that you had a cut on your leg. We tend to treat our physical wounds without a second thought. But, you might deny your emotional wounds.
Whether you minimize how you feel by saying, "I don't really care that I didn't get that job," or you outright deny your emotions by saying, "No, I'm not angry," most of us try to act like we're not in pain sometimes. But, downplaying your emotions won't make them go away.
Many people think suppressing their emotional wounds means they're mentally strong. In reality, they're just acting tough.
It can be uncomfortable and embarrassing to admit your struggles. But acknowledging your emotions is key to making your best decisions—and it's fundamental to addressing your psychological pain in a healthy way.
- Avoiding uncomfortable feelings.
Fear, sadness, embarrassment, and disappointed are just a few uncomfortable emotions that no one wants to feel. But some people go to great lengths avoiding those feelings and consequently, they limit their lives.
You have to allow yourself to feel uncomfortable to grow as an individual. And you have to experience negative emotions if you really want to experience positive feelings. Keep in mind that if you felt happy all the time, you wouldn't appreciate it.
Every time you face uncomfortable situations head-on is an opportunity to gain confidence in yourself. When you learn you can tolerate discomfort, you'll be more willing to face your fears and step outside your comfort zone.
- Chasing happiness.
Happiness is all the rage these days. Everyone is talking about all the things you should be doing right now to feel happier.
But, chasing happiness backfires. Insisting that you should feel happier will ruin the moment. The idea that you aren't happy enough puts pressure on you to experience more joy in your life. And racing from one activity to the next trying to force happiness is one surefire way to feel worse about your life.


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Know more about this business than we do? Cool! Please submit any corrections or missing details you may have.Help us make it right
Be the first MassLive.com user to add photos or videos of Manila Jade Grill
Durring the summer it is a little warm in there but, if you go in the early am - around 8-10am yoou can get the best pancakes!
Manila Jade Grill is located at 609 Locust St, Fall River, MA. This business specializes in Restaurants.


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Whether or not the guardianship is contested, a hearing on the guardianship petition will be conducted in the circuit court for the county in which the petition was filed. The two main issues in a guardianship hearing are (1) whether a guardian is needed (i.e., is the alleged disabled person really disabled?) and (2) who is the most appropriate guardian for the disabled person. The Petitioner has the burden to prove both of these issues.
1. Standard of Incapacity - Guardianship of the Person
A guardian of the person shall be appointed if the court determines from clear and convincing evidence that an alleged disabled person "lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including provisions for health care, food, clothing, or shelter, because of any mental disability, disease, habitual drunkenness, or addiction to drugs, and that no less restrictive form of intervention is available which is consistent with the person's welfare and safety." The Petitioner has the burden to prove incapacity.
Read the Law: Md. Code, Estates & Trusts, § 13-705(b).
Usually, guardianship hearings are held before a trial court judge who decides the two issues. However, in guardian of the person cases, Maryland law provides that the disabled person is entitled to a trial by jury on the issue of whether a guardian is needed, i.e., whether the person is legally disabled. When a jury trial is held, it is conducted like a formal trial. All interested parties may participate in the trial, and the alleged disabled person has an absolute right to be present at a trial, present evidence, and cross-examine witnesses with the help of his or her court-appointed or personal legal counsel. The jury then determines, as a matter of fact, whether the alleged disabled person is disabled or not. The disabled person, or his or her attorney, may waive the right to a jury trial, in which case the judge would determine whether the disabled person is legally disabled.
Read the Rule: Maryland Rule 10-205(b) ("[w]hen the petition is for guardianship of the person of an alleged disabled person, the court shall set the matter for jury trial.")
There are three main factual issues that a judge or jury must decide in determining whether an alleged disabled person is legally disabled, and in need of having a guardian of the person appointed.
First issue
The first is whether the disabled person "lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person, including provisions for health care, food, clothing or shelter." The mere diagnosis of a disability is not sufficient. Rather, there must be specific evidence of poor decision-making; for example, evidence that the alleged disabled person is leaving the stove on, forgetting to take medications, or taking other specific actions that are endangering his or her welfare or safety is necessary to satisfy this requirement.
Second issue
The second issue is whether that lack of capacity is due to a physical or mental disability or disease, habitual drunkenness, or addiction to drugs. The judge or jury will want to be sure that other factors have been examined and eliminated as sources of the alleged disabled person's inability to make or communicate responsible decisions. For example, if depression or other treatable mental disorder is causing the problem, it may be appropriate for therapy or drugs to be used to address the concern of capacity. Perhaps there may be a drug problem, or drug interactions or inappropriate dosing of mediations involved. Or, there may be a vision, hearing, or speech impairment, or other language, family, social, cultural or religious barriers that are contributing to the perception of a disability, when no disability is actually involved.
Third issue
Finally, the court will need to determine that there is no less restrictive alternative that is available that can protect the welfare and safety of the alleged disabled person. Since a guardianship significantly restricts personal rights, it is important that there are no other alternatives available that may meet the needs of the alleged disabled person, other than a guardianship. An example of a less restrictive alternative would be a health care power of attorney.
2. Standard of Incapacity - Guardianship of the property
There is no right to a trial by jury in a case involving only the guardianship of property. In fact, if no response to the show cause order is filed, and the court is satisfied that the petitioner has complied with the legal filing requirements, the court may rule on the petition without a hearing. However, if the alleged disabled person or an interested person responds to the show cause order in a manner that creates a contested case, the court shall set the matter for trial.
Read the Rule: Maryland Rule 10-304(a).
At a trial seeking to have a guardian of the property appointed, the petitioner has the burden to prove to the judge by a preponderance of the evidence, that the alleged disabled person is (1) unable to manage his or her property and affairs effectively because of a physical or mental disability, disease, habitual drunkenness, addition to drugs, imprisonment, compulsory hospitalization, confinement, detention by a foreign power, or disappearance, and that the alleged disabled person has or may be entitled to property or benefits that require proper management.
Read the Law: Md. Code, Estates & Trusts § 13-201(c).
3. Selection of guardian
After the court has determined that the alleged disabled person is, in fact, disabled, the court must determine who would be the best person to serve as the guardian for the disabled person. Often, the disabled person may have previously nominated someone in the family or a friend to serve as guardian, or the family has come to agreement about who should serve. However, there are times when more than one person wants to serve as guardian. In those cases, each prospective guardian must present his or her case to the court in a public trial, and the court will then choose which person to serve.
Maryland law establishes an order of priority of individuals who are eligible to serve as guardian of the person and guardian of the property. The first priority candidate is always a guardian, conservator or similar fiduciary appointed by a foreign jurisdiction. Next is someone designated by the disabled person before they became disabled. A competent person may nominate a person to serve as his or her guardian of the property in that person's general power of attorney. Likewise, a competent person may nominate a person to serve as guardian of the person in that person's health care power of attorney.
Read the Law: Md. Code, Estates & Trusts §13-207 (property) and § 13-708 (person).
Other persons eligible to serve as guardian, in order of priority, include the disabled person's spouse, parents, adult children, heirs at law, or other individuals who have a particular interest in the person, such as the director of the local social services department or office on aging.
If interested persons of equal priority are seeking guardianship, the court shall select the one best qualified of those willing to serve. A court may only appoint a person with a lower priority over a person with a higher priority upon "good cause shown." Unfortunately, case law in Maryland has not defined "good cause," and this issue has been addressed only once by the Maryland Court of Appeals. In selecting the best qualified guardian, the best interests of the alleged disabled person is always the court's overriding concern. The court is not concerned with "who got the bigger bike when they were young," as is all too often the driving factor in contested guardianship matters, and will not litigate playground battles that occurred between the interested persons during their childhood.
Read the Law: Md. Code, Estates & Trusts, §§ 13-207 (property) and 13-707 (person). Related Case: Mack v. Mack, 329 Md. 188, 618 A.2d 744 (1993) (wife's desire to withdraw life sustaining treatment was not good cause to pass over her statutory priority and appoint patient's father as guardian).
Rather, in determining whether good cause exists to appoint an interested person with equal or less priority as guardian of the person, the court may consider the following factors:
- nature of and length of relationship between the interested person and the alleged disabled person;
- frequency of contact between the interested person and the alleged disabled person;
- why the interested person wants to be guardian;
- what is the interested person's plan for the alleged disabled person if he is appointed guardian;
- how close does the interested person live to the alleged disabled person and how often will the interested person be able to visit the alleged disabled person;
- whether the interested person is reasonably available to make decisions for the alleged disabled person;
- whether the interested person is in good health and able to take on the duties of a guardian;
- what other responsibilities the interested person has (e.g., young children, demanding job); and
- whether the interested person is willing to confer with the alleged disabled person and/or other family members regarding decisions.
- The court may make the following additional inquiries into the selection of a guardian of the property:
- what level of education the interested person attained;
- whether the interested person has employment history or experience with financial matters, accounting or taxes;
- whether the interested person has a checking account, and how often he balances the account;
- whether the interested person is familiar with simple bookkeeping practices;
- whether the interested person has a criminal record;
- what assets alleged disabled person has, and what the interested person has planned for management of the alleged disabled persons assets;
- who is handling the alleged disabled person's property now and how long that has occurred; and
- whether the interested person is a joint owner of any property with the alleged disabled person.
At an uncontested guardianship hearing, or after trial in a contested matter, if the court has determined that a guardian of the person and/or property is needed, and has selected an appropriate guardian, the court will issue a written order appointing a guardian. The order shall state (1) whether the guardianship is of the property or person or both; (2) the name of the disabled person; (3) the name, address, and telephone number of the guardian; (4) the reason for the guardianship; (5) the amount of the guardian of the property's bond, or that the bond is waived; (6) the date upon which any annual report of the guardian shall be filed; and, (7) the specific powers and duties of the guardian and any limitations on those powers or duties.
Read the Rule: Maryland Rule 10-108.
It is important to note that, in guardianship matters, a court assumes jurisdiction over a disabled person to protect that person who, because of illness or other disability, is unable to care for himself of herself. Therefore, in reality, the court is actually the guardian, and the court-appointed guardian merely serves as the agent for the court in carrying out the court's responsibilities. The various rules and requirements of guardians should be read with this important point in mind.
Related Case: Kircherer v. Kircherer, 285 Md. 114, 400 A.2d 1097 (1979).


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Few takers for debt counselling
Times Live, 18 March 2012 – Brendan Peacock
Stigma keeps over-indebted from asking for help to sort out their finances
There seems to be a stigma attached to applying for debt counselling, but taking the initiative to deal with one's debt burden should be seen in a new perspective that engenders respect, rather than shame.
While many of us ride our luck and avoid scrutiny of our financial affairs out of fear, it is those who have applied for debt counselling who are now facing up to their budgeting problems and stand to learn the best money-handling habits.
Hein du Plessis, MD of DebtSafe, says statistics show that the debt problem is rising. But the debt counselling process has not had the impact it was supposed to have since it started four years ago. "While there are hundreds of thousands of South Africans defaulting on their debts each year and ending up with impaired credit records, the total number of applications for debt review sits at around 6000 a month. The process works, so the lack of its use is concerning," says Du Plessis.
So why aren't enough people signing up? Du Plessis says people usually try to borrow money to get out of debt – a decision that ends up making the situation worse. "Debt counselling is too often seen as a last resort, but it actually prevents the agony of blacklisting and legal action. It's a proactive step that shows your creditors you're taking responsibility for your debt. Because it relieves all the pressure, it should be the first step, not the last."
Debt counselling leads to an average reduction of 54% in monthly debt repayments. But the process is viable only for those who are not beyond help. "Anyone considering applying for debt counselling must still have a viable income and be able to make a reasonable debt-restructuring offer to their creditors."
The debt review process aims to find a settlement that suits both parties and a stabilised process of repayments. Du Plessis says improvements in the industry and reasonable offers to creditors have brought increased buy-in from jilted lenders. This trend would make legal action the less preferred route in future.
"It is the better option because it rehabilitates consumers and turns them into future borrowers. There was resistance to the high level of regulation, but the process provides a high level of visibility for creditors into what the person can afford."
If your creditor opts for the legal route, it begins sooner than you might think. "Technically, legal action starts the moment your creditor sends out the first notice of default. Once they begin that process, they will be dictating the repayment terms, and they will nearly always be higher than what the debt-counselling process could achieve. So it's important to apply for debt counselling before you default. Don't wait until you are six months behind on your payments."
What happens when you apply for debt counselling? "Counsellors help put a repayment plan and budget in place. The process also prevents you from applying for further credit. The repayment amount stays constant, so it gets easier every year to service those payments. Cascading payments also means once debts are paid off, the money gets spread to remaining obligations."
In other words, the debt counsellor will structure the repayments to focus on getting rid of the debt with the highest interest rates first, such as credit-card debt. Once this debt is paid off, you keep paying the same amount towards your total debt each month, which enables you to pay more on existing debts. Eventually, you will be paying off the last debts faster than the repayment terms require, which works in your favour.
Be warned: while being signed up for debt counselling protects you from legal action, missing one month's repayment will see the process terminated. Aside from the legal protection it offers, debt counselling also involves many mechanisms to reduce the costs of servicing your debts – such as interest, fees and charges. Extending repayment periods could open you up to ever-climbing interest and never-ending debt, but the in duplum rule built into the National Credit Act limits the interest you pay while under debt review.
"It caps the interest figure once it reaches the same amount as the outstanding debt balance at the point of default. Also, note that debt counsellors have the ability to negotiate interest rates with creditors, to a certain degree."
Stick to cash – and stop borrowing
"When you borrow to pay debts, you know you have a problem," says Hein du Plessis.
Here's his advice for staying away from unmanageable debt.
"Be careful with credit – don't assume your earnings and expenses will remain constant. Living costs are rising fast. My advice would be to limit debt to asset-based finance if you can, and even then you should stick to reasonable instalments. Cars are dangerous purchases – don't finance a car for longer than 36 months. If you stick to this rule, you will see what is actually affordable for you. Cars lose value, so if you're still paying off a vehicle 60 months after you've bought it, I would say that was a bad purchase decision. 'Affordability' is not what you can afford to pay in monthly instalments."
He advises against taking on more credit if you're struggling to meet your existing payments. "Stop borrowing. Stick to cash, because any loans or credit available without assets to back them will come at high-interest rates. If you're overexposed, act today. If you can't pay basic expenses after servicing your debt, it's already too much. If you can deal with creditors directly to renegotiate, do so. When you borrow now, you're spending next year's salary – you have to catch up at some stage. Lastly, and most importantly, never borrow against your retirement funding."


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CIS Group was born in 1993 and in a short period time he reached important targets such as bringing together entrepreneurs and financial brokers of North East, concentrating the activity on:
CIS is active with two specialized and focused companies : RECIS (Real Estate and CIS) and INFRACIS (Infrastructure CIS). Over the years, the ability to bring together private, industrial and financial capital for new investments initiatives has allowed the holding company's financial role to be more stronger and to give a stronger operational role to the two sub-holdings companies.
Creating wealth and develop local economy: these are goals that CIS the Investment and Development Company has been pursuing since its establishment. The purpose of CIS is to bring together private (entrepreneurs and professional people) and financial (bank, insurance and foundations) funds to create new business opportunities oriented to produce economic repercussions on the territory.
CIS group is a financial holding that promotes and realizes important initiatives in real estate field with an allocated authority and competence aimed to comply investors' needs, increasing their capital.
CIS is a "laboratory of territorial financing" focused on industrial assets recovery in urban areas, paying attention to the environment, heritage and natural inclinations of territories, and investing in highway infrastructures of North East of Italy; a financial strategy integrated with territory development.
CIS Group has concentrated investments in North East of Italy, in the wide area that find its focal point in Verona metropolitan area.
"The West side of North East", one of the most strategic areas of Italy, in the forefront for economic development and quality of life; where transport, logistics and infrastructures networks are in continuous evolution, responds to evolving needs to an expanding territory.
A strategic territory where two of the most important corridors ,the no.1 Palermo-Berlin and the no. 5 Lisbon-Kiev, meets; two important routes in connection with important highways "Serenissima" and "Brennero". CIS is planning to expand its working environment in next few years, creating new entrepreneurs and financial synergies up to new investment opportunities in the entire North of Italy.
Two are the active companies that represent the direct expression of dual entrepreneurial spirit of CIS Spa: RECIS (Real Estate CIS) and INFRACIS (Infrastructure CIS).
Group's operative and organizational model express itself throughout a mix of entrepreneurial and finance mix bringing together private, industrial and financial funds to develop new investment initiatives. In addition to the groups listed below CIS has also shareholdings with HIG S.p.A., S.E.A. S.p.A., V.I.S. S.r.l., Athesis S.p.A., Euregio Finance S.p.A.
Nuova Corte Palazzina S.r.l.
Verona Sviluppo S.r.l.
SIS Sardegna S.p.A.
Verona Forum S.p.A.
Eurolog S.r.l.
Aida S.p.A.
Società Agricola Sulmo S.r.l.
Le Corti S.r.l.
Le Corti Due S.r.l.
Iride S.r.l.
Nuovi Assetti Urbani S.p.A.
Iniziative Urbane BS S.r.l.
Autostrada Brescia-Padova S.p.A.
R.C.I. S.p.A.
Iniziative Logistiche S.r.l.
GIRPA S.p.A.
Autostrada Brennero S.p.A.
CIF S.r.l.
Autovie Venete S.p.a.
Autocisa S.p.A.