Do you have the right legal documents ready for your college student?

If you have a child leaving for college soon, here is one more item to add to your to-do list: Execute an advance directive for health care. Sure, you want your young adult to gradually accept personal responsibility. And surely you want to avoid the dreaded label-helicopter mom. But push the pause button long enough to ensure that if the unmentionable happens and your child becomes incapacitated, you are the one carrying out the health care decisions your child has decided are best for him or her.

Executing a Georgia Advanced Directive for Healthcare authorizes the person designated to carry out the medical decisions on behalf of another person. If your child has not signed this document, and he or she becomes incapacitated, you may need court approval to act on his or her behalf.

This health care directive can be established so that it becomes effective the moment your child signs it, or you your child can specify that it becomes active by a specific event — for instance, if he or she becomes unable to make health care decisions.

Own a vacation home? Know your responsibilities.

Tis the season for beach vacations. If you are a vacation homeowner, you’re wearing the hat of landlord whether you want to or not. Whether you own a vacation home along Florida’s 30A beaches, on St. Simons Island, or somewhere in between, understanding your responsibilities as a homeowner can make vacation season a success. The laws governing home ownership vary from state-to-state. You need personal advice relating to your specific situation, but here are some general tips for you to consider:

Spell out your cancellation clause in writing. It should cover not only the period leading up to the rental, but also include other situations when the renter may want to terminate a stay, including during the vacation week itself. Ants in the bedroom? Broken air conditioner? Barking dog next door? A clearly spelled out cancellation clause can walk the traveler through the protocol of cancellation— including how, if, and how much — money will be returned.

Understand premises liability. Laws covering premises liability focus a great deal on the status of the person on the property. Were they an invited guest? Social guest? Trespasser? As a homeowner you can be liable for certain events that take place on your property. It is important that you understand the scope of your insurance. For example, in many cases, your homeowner’s policy will not cover acts on the property that pertain to “business activity.” Talk to your insurance agent to be clear whether “business activity” includes paying guests who stay in your home.

Require damage insurance. Many vacation homeowners today forego a cash or credit card security deposit, opting instead to require guests to purchase an independent third-party damage protection. One example is the damage protection policy promoted by CSA. Policies priced between $49 and $89 — a one-time fee, paid by the traveler direct to the insurer — can cover up to $5,000 in damage to your property.

Do you have a question about your responsibilities as a vacation homeowner? Contact members of the CNO team at 770-528-0150.

CNO Attorneys fight ruling that would cost client $190,000

Tom Cauthorn

     Cauthorn Nohr & Owen attorneys Tom Cauthorn and Wick Cauthorn were in court last week arguing against a ruling that would require their client, the attorney for the former housekeeper for the CEO of Waffle House, and the housekeeper herself from having to pay more than $190,000 in attorney fees related to a Fulton County State Court lawsuit that was voluntarily dismissed by those who filed it. In 2013, a judge ordered the housekeeper, Mye Brindle, and her attorney David Cohen of Marietta's Complex Law Group to pay $142,657 as sanctions related to filing and withdrawing the Fulton lawsuit. Judge Susan Forsling, who has since stepped down, determined that Brindle had improperly filed the suit in Fulton instead of filing counterclaims to a suit Waffle House CEO Joseph Rogers Jr. had previously filed in Cobb County.

The Fulton suit was filed on Sept. 19, 2010, and voluntarily dismissed 21 days later.

The Georgia Court of Appeals ruled that some of the fees awarded by Forsling were not permissible under the law and remanded the matter to the State Court.

In court last week, Tom Cauthorn argued against what Rogers' lawyers claim is sanctionable conduct. As reported in the Daily Report, Judge Forsling found that—by filing a new suit in Fulton after Rogers had already sued Brindle in Cobb County instead of filing a counterclaim in Cobb—Brindle and her lawyers had unnecessarily expanded the litigation and attempted to engage in forum shopping.

Subscribers to the Daily Report can read the full story here:

http://www.dailyreportonline.com/id=1202718352164/Lawyers-for-Waffle-House-CEO-Again-Seek-Fees-in-Sex-Assault-Suit-VIDEO

Adoptions can be complicated

Adoption — the social and legal process that builds a family — gives nearly 4,000 children a year the same rights and benefits as those born into a family in Georgia. If adoption is one of your family’s goals in 2015, Cauthorn Nohr & Owen’s attorneys can help you navigate state laws that govern this process. Here are some realities:

• The birth mother: The birth mother can start the adoption process at any point during or after her pregnancy. It is generally best that she begin this process with a counselor. The birth mother is often encouraged to choose the adoptive parents. A child cannot be placed for adoption without the voluntary or involuntary termination of parental rights.

• Adoptive parents: Adults must meet many requirements to be considered an adoptive parent. For instance, you must be at least 10 years older than the child you are adopting. You must pass a criminal background check, home safety checks, as well as a medical examination. There is also an extensive interview process.

• Communication: Adoptive parents will often receive information regarding the circumstances of the birth parent prior to adoption. As with any other parent, the adoptive parents have the right to control who communicates with the child after the adoption is completed.

Creating a family through adoption is a wonderful milestone — and a complicated one. Following the letter of the law can help ensure a happy new start for all involved.

CNO attorneys Tom Cauthorn, Lisa Owen, Bettina Davies, and Marijane Cauthorn have more than 70 years of experience with divorce and family law. Call 770-528-0150 to learn how our team can help.

Tips For Teachers

By Bettina A. Davies

Education is an honored profession in Georgia governed by numerous constitutional provisions, state laws, and local school-district policies, regulations and guidelines. At Cauthorn Nohr & Owen, we help teachers navigate this confusing and complicated terrain when legal issues or questions arise. Here are some tips for Georgia teachers:

Bettina A. Davies

Talk to an attorney BEFORE you quit your teaching job. If a teacher resigns from a position without the consent of the employer, it is considered a breach of contract and abandonment of position. It can affect the status of the teacher’s teaching certificate, and he or she can be sued for breach of contract. A contract can be terminated: • By mutual agreement — The resignation of the employee and the acceptance of such resignation by the employer. • By dismissal from employment for cause after a hearing is held.

Don’t assume you can say whatever you want at school. Under limited circumstances, an educator’s constitutional right to free speech can be limited within the school setting.

You don’t have to be tenured to have contract rights. A non-tenured teacher’s contract can be non-renewed when a school system states in writing that the teacher’s services are no longer needed. The system must send this notice out by May 15. Upon request, a written explanation for failure to renew a contract must be made available to any certified personnel by the superintendent. Non-renewal of contract of a non-tenured teacher can be challenged successfully if the non-renewal is based on constitutionally impermissible grounds, such as age or race discrimination.

Bettina A. Davies is a network attorney for the Professional Association of Georgia Educators and concentrates her practice in the areas of educational and employment-rights law.

Tom Cauthorn provides insight to Braves rezoning lawsuit

By Marijane Cauthorn

The law may often be complicated, subject to interpretation, and confusing, but in some cases, it certainly isn’t dull.

Marijane Cauthorn

In one recent case, a property owner near the site of the new Braves stadium is suing Cobb County, claiming the county violated zoning procedures and abused its power.

Our senior partner Tom Cauthorn (himself a former Superior Court judge) served as a sidelines commentator, helping readers of the Marietta Daily Journal understand the issues involved.

Readers of the zoning case were guided by Tom’s seasoned observations. To begin, he said the factual allegations seemed complete and were unlikely to be dismissed. He also commented on the reputations of the lawyers representing the aggrieved property owner, drawing from years of experience to conclude that they were “serious-minded people” who would represent only those claims they believed to be “meritorious.”

“The first thing that absolutely leaps off of the page is that the plaintiff is represented by Doug Haynie and Daniel White,” Tom said in the Marietta Daily Journal. “Doug Haynie has been the city attorney for the city of Marietta for 30 years, and … Daniel White, Judge White’s son, is his partner. And Daniel White and Doug are serious-minded people. “I’ve never known either one of them to undertake anything, as far as filing any kind of legal proceeding, where they didn’t believe that there was a meritorious claim or a meritorious defense,” he added.

Tom was careful not to take sides or to predict a verdict. His role was to help citizens navigate the complexities of a case likely to get more attention before it is resolved.

Marijane Cauthorn is the managing partner at Cauthorn Nohr & Owen.