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Exercise Your Will Power

By Ed Olkovich

You've worked hard all your life to provide the very best for your family, friends and community. How do you ensure this will continue? The answer is quite simple. Through a legal document -- your will.

Some things to consider:

1.Be Responsible
The time and cost of a lawyer-prepared will is small compared with its benefits. A will avoids uncertainty, which can lead to arguments among beneficiaries, delaying settlement of your estate and increasing costs. You'll also have peace of mind, knowing your affairs are in order and your beneficiaries will not have to deal with the courts to settle your affairs while they are grieving.
2.Put Family First
It's possible that you and your partner could die together. Only by appointing a guardian in a will can you specify who will care for your children.
3.Your Good Intentions
If you do not make a will your good intentions to provide for your friends, charities, religious institutions or relatives mean nothing. The law dictates exactly how your assets are divided among your family. Wills ensure your legally-binding wishes are carried out.
4.Tax Savings
Canada no longer has estate or inheritance taxes, but death triggers federal income taxes. A proper estate plan can minimize taxes now and for your beneficiaries. Why not plan to pay less taxes?
5.Support a Charity
A bequest to your favorite charity continues your support and can reduce taxes.
6.Who's In Charge?
Your estate trustee or executor is the person named in your will to distribute your estate. An executor can be a family member, a friend, lawyer or trust company, and there can be more than one executor. Professional trustees can manage trust funds for the financial security of spouses who lack financial expertise or a dependent child.
7.Lawyers Help
Explaining legal concepts and preparing wills to meet your estate needs are what lawyers do. Many people think that they'll save money by preparing their own will however, if imprecise language is used, it may end up costing more money, in the long run, because of interpretation problems.
8.Make Plans
Making a will gives you assurance that your affairs are in order. Preparation of an estate plan includes powers of attorney to deal with incapacity and personal care issues. Consider funeral arrangements and organ donations too.
9.Revisit Your Will
Even though you have a will, marriage, separation, divorce, or the birth of a child all mean your will must be revised. Unless your will is current, it cannot reflect your needs. Changes in your assets, beneficiaries, estate trustees, and the law require regular reviews of your will and estate plan.
10.Don't Lose It
Remember to keep a copy of your will at home and the original in a safe place. Make sure someone knows where it is. What good is a well-written will if no one ever finds it?

Help Yourself

Some people are choosing to take more control over their divorce process, tackling some of the tasks usually completed by divorce lawyers. Although everyone wants to have more control over their lives, few people have the qualifications or skills to represent themselves in court. Here's information on how to tell if you're a good candidate for limited legal services, and some advice on how to share tasks with your divorce attorney.

By M. Sue Talia

A new phenomenon is changing the face of family law and altering the way people approach their divorces. More specifically, it is altering the manner in which legal services are provided in divorce law. Under the old paradigm, each party to a divorce hired a divorce lawyer to handle all aspects of the case, giving the family attorney full responsibility and power over strategy and tactics. Today, some clients are demanding, and family lawyers are offering, limited legal services. This means that a divorce lawyer is retained only for specific tasks or limited substantive issues, or even as a "coach" doing little more than showing the client how to represent him or herself.

The reasons for these changes are complex. First and foremost, the court system is breaking down. As presently configured, the courts are simply unequipped to handle the deluge of divorce cases and family-law matters presented to them. Simultaneously, individuals are demanding greater control over their own life choices. This includes not only taking control back from divorce lawyers, but even from the courts themselves. Much is written about the so-called "pro per crisis" in California and in other states, where phenomenally high numbers of family law litigants choose to represent themselves in family court. Sometimes as many as 75% of the cases have at least one side in pro per (the terms pro per and pro se are used interchangeably -- they mean a litigant who represents him or herself in court). Frequently these choices result solely from financial necessity. However, in more and more cases, people who can afford divorce attorneys insist on doing it themselves.

This is entirely new ground for both family lawyers and litigants, and they are feeling their way as they redefine the traditional attorney-client relationship. In some states, the situation is complicated by the fact that it is being done under the disapproving eye of the state bar association; in others, it has official endorsement. (Oregon is a notable example, as is the experiment in Maricopa County, Arizona.)

No one wants to be forced to obtain and pay for services they don't want, simply because some regulatory agency insists upon it. What follows is designed to help you make the best possible decision while alerting you to common pitfalls.

If you're among those family law litigants who insist on having greater control over the process, increasing the scope of your own involvement and limiting that of your divorce lawyer, God bless. Remember, however, that taking responsibility means precisely that: taking responsibility. Be sure that you're qualified to perform the tasks you undertake, and then do so. If you want to be the one who makes the decisions about your divorce, you must be prepared to live with the consequences of those decisions, even if they turn out differently than you hoped or expected.

Many pioneering family lawyers are willing to offer limited legal services to help you handle some or all aspects of your own divorce. Does this mean that even with an excellent "coach" you're going to know as much about divorce law and family law as your family-law attorney does? Of course not. However, if you're willing to educate yourself on divorce law and the procedures as they apply to your case, and make careful decisions about how much of the legal work you can do yourself and what should be delegated to a specialist, you may be happier with the outcome than with the traditional approach. It does not, however, guarantee that you're going to get everything you want, any more than you would have under the old system.

Therefore, be honest with yourself and your divorce lawyer about your abilities and instructions, educate yourself where necessary, and delegate to your divorce attorney those tasks or issues that you aren't qualified to handle. The point is to work as a team with your family attorney to obtain the best possible result.

divorce

Divorce or dissolution of marriage is a legal process that leads to the end of a marriage.

Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.

The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.

In some jurisdictions divorce does not require a party to claim fault of their partner that leads to the breakdown of marriage. But even in jurisdictions which have adopted the "no fault" principle in divorce proceedings, a court may still take into account the behaviour of the parties when dividing property, debts, evaluating custody, and support.

In most jurisdictions, a divorce must be certified by a court of law to become effective. The terms of the divorce are usually determined by the court, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses may have agreed to privately. In the absence of agreement, a contested divorce may be stressful to the spouses and lead to expensive litigation. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce, which negotiate mutually acceptable resolution to conflicts. In some other countries, like Portugal, when the spouses agree to divorce and to the terms of the divorce, it can be certified by a non judiciary administrative entity, where also can be served an Electronic Divorce since March 2008.

In cases involving children, governments have a pressing interest in ensuring that disputes between parents do not spill over into the family courts. One way of doing this is through the encouragement of a parenting plan. In the United States, all states now require parents to file a parenting plan when they legally separate or divorce.

The subject of divorce as a social phenomenon is an important research topic in sociology. In many developed countries, divorce rates increased markedly during the twentieth century. Among the nations in which divorce has become commonplace are the United States, Canada, and Scandinavia. Japan , France, and Italy retain a lower divorce rate, and it has decreased recently.

From Wiki

Potentially Curative Procedures

These procedures are performed with "curative intent". Their goal is removal of all gross disease, with the knowledge that microscopic disease will most likely remain. Adjuvant therapy (another form of treatment in addition to the primary therapy) is typically aimed at eliminating residual disease.

For Pleural Mesothelioma:

•Pleurectomy/Decortication is usually performed on patients with early stage disease (Stage I and selected Stage II), and attempts to remove all gross tumor. If it is found that all tumor can not be removed without removing the lung, this may be done at the same time and is called pneumonectomy.

•Extrapleural Pneumonectomy is considerably more radical than other surgical approaches, and should be carried out by surgeons with great expertise in evaluating patients and performing the procedure itself.

•Because in the past surgery alone has failed to effect a cure, or even to help prolong life for any extended period of time, it is currently being combined with traditional chemotherapy and/or radiation, or other new approaches such as gene therapy, immunotherapy or photodynamic therapy.

General Patient Selection Criteria for Extrapleural Pneumonectomy
Extrapleural pneumonectomy is a serious operation, and doctors experienced in this procedure choose their patients carefully. It is up to each individual surgeon to advise the patient on its feasibility and to conduct whatever tests he/she feel are necessary to optimize the patient's chances for survival and recovery. Following is a general list of patient selection criteria. This list may not be all inclusive, and may vary according to the preference of the surgeon.

o Karnofsky Performance Status score of >70. This score relates to what symptoms of disease the patient may be experiencing and how well they are able to conduct their daily activities. Some surgeons may require a higher performance status than others.

o Adequate renal (kidney) and liver function tests; no significant kidney or liver disease.

o Normal cardiac function per electrocardiogram and echocardiography.

o Adequate pulmonary function to tolerate the surgery.

o Disease limited to the ipsilateral hemithorax (the same side of the chest in which the mesothelioma is located) with no penetration of the diaphragm, extension to the heart or extensive involvement of the chest wall.

o Age of the patient is taken into consideration, but may not be as important as their overall status.

Surgeries of this nature should always be done with a complete understanding of the possible benefits and risks involved. If you are considering surgery as a treatment option, speak openly with your doctor about your concerns, and be sure all of your questions are answered to your satisfaction.

For Peritoneal Mesothelioma:
•Cytoreductive Surgery is aimed at removing all or nearly all of the gross or visible tumor in the peritoneal cavity. In order to treat any remaining cancer cells, Intra-Peritoneal Hyperthermic (heated) Chemotherapy (IPHC) is then delivered to the abdominal cavity. The type of chemotherapy drug used may vary according to the physician’s preference.

MESOTHELIOMA TREATMENT OPTIONS

The treatment program for mesothelioma depends on many factors, including: the stage of the cancer, where the cancer is, how far the cancer has spread, how the cancer cells look under the microscope and the patient’s age and desires.
TIME MATTERS
People diagnosed with this disease are often told the expected survival rate is only eight to twelve months. However, specialists in treating malignant mesothelioma at the leading cancer centers often have better statistics.
For instance, the five-year survival rate has approached 40% for selected patients of Dr. David Sugarbaker at Brigham and Women’s Center in Boston. To qualify for Dr. Sugarbaker’s treatment you must meet certain criteria. One of them is being in the early stages of the disease, so time is of the essence.
TRADITIONAL CARE
There are three traditional kinds of treatment for patients with malignant mesothelioma:

•Surgery (taking out the cancer)
•Chemotherapy (using drugs to fight the cancer)
•Radiation Therapy (using high-dose x-rays or other high-energy rays to kill cancer cells)

Often two or more of these are combined in the course of treatment.

Pathophysiology of Mesothelioma

The 3 major histological types of mesothelioma are sarcomatous, epithelial, and mixed. Pleural mesothelioma usually begins as discrete plaques and nodules that coalesce to produce a sheetlike neoplasm. Tumor growth usually begins at the lower part of the chest. The tumor may invade the diaphragm and encase the surface of the lung and interlobar fissures.

The tumor may also grow along drainage and thoracotomy tracts. As the disease progresses, it often extends into the pulmonary parenchyma, chest wall, and mediastinum. Pleural mesothelioma may extend into the esophagus, ribs, vertebra, brachial plexus, and superior vena cava.

Asbestos, amphibole asbestos, asbestos-crocidolite, and amosite asbestos in particular, is the principal carcinogen implicated in the pathogenesis. Exposure to chrysotile asbestos is associated with a lower incidence of mesothelioma. The industries associated with asbestos exposure include mining, ship building involving the use of asbestos, asbestos cement manufacture, ceramics, paper milling, auto parts (asbestos brake lining), railroad repair, and insulation. In Turkey, the use of the fibrous substance erionite (similar to amphibole asbestos) in building construction has led to an epidemic of pulmonary mesothelioma. Environmental exposure to asbestos in areas polluted by the substance may increase the incidence of mesothelioma.

Most malignant mesotheliomas have complex karyotypes, with extensive aneuploidy and rearrangement of many chromosomes. A loss of a single copy on chromosome 22 is the most common abnormality.

source here

Pleural Mesothelioma’s Unique Indicator Of The Onset Of Mesothelioma

Pleural mesothelioma diagnosis is typically met with the striking news that a patient has less than a year or two to live. Early diagnosis of pleural mesothelioma can increase the likelihood of effective treatment. Identifying a level of protein from a specific gene might just be the key to early mesothelioma treatment.

Pleural mesothelioma is significantly more alarming than other asbestos-caused diseases such as asbestosis because of the high risk of death that comes along with the diagnosis of this cancer. However, the short life span that follows mesothelioma is often a result of its late diagnosis. If this asbestos caused cancer were to be diagnosed earlier, then potentially life-saving treatment could begin earlier.


Pleural mesothelioma and asbestosis are lung diseases that produce symptoms similar to hundreds of other potential respiratory illnesses and cancers. Although a history of working with asbestos is a strong indicator that asbestos may be the cause of a patient’s lung disease, many patients fail to mention their working history to their physicians, and many physicians dismiss the possibility of asbestos related disease because of its low reported statistics. These statistics, however, are vastly under-reported, as many countries do not have the access to the medical knowledge, equipment, or personnel to correctly determine and report asbestos-caused diseases. Asbestos use continues to thrive around the world, and the incidences of asbestos caused cancer and asbestosis will continue to thrive as well.

Medial researchers are trying to prepare for the future epidemic of asbestos illnesses that the asbestos workers of today will be suffering from in the upcoming decades. Although a cure for pleural mesothelioma is far off in the distance, medical researchers have found that a protein gene identified as osteoprontin exists in patients with this disease and their serum osteoprontin levels are six times higher than other lung disease patients. Osteoprontin is typically associated with the bones since it is a protein located in the bones. However, the gene is an active participant and an important player in bone remodeling, wound healing, and the immune system. The University of Bristol in the UK also found that the gene needs to be suppressed to prevent dangerous scarring of internal tissues and have begun to work on a gel to speed up wound healing that facilitates this suppression.

For patients suffering from undiagnosed respiratory illnesses, identifying an increase in serum osteoprontin can distinguish asbestos cancer from asbestosis or lung cancer. This will save years of unnecessary testing and expenses, provide the opportunity for early cancer treatment, and even increase the swiftness of processing asbestos workers’ compensation claims.

Pleural mesothelioma research, medical research on asbestosis, and medical research on other asbestos-related diseases continues to contribute valuable findings that can contribute to improving care and provide valuable medical insights that can be applied within multiple medical fields. Soluble mesothelin-related peptide is similar to osteoprontin, and is also a unique identifier of mesothelioma. Accessible medical access that can test individuals for both of these unique markers can have a significant impact on the health and longevity of today’s asbestos workers. Lung diseases may soon be more easily differentiated. But that isn’t enough. Medical accessibility must be improved around the world so today’s asbestos workers can get the early treatment they need to survive.

By: Avi Solutions

A Brief Overview Of What Mesothelioma Cancer Is

Mesothelioma is a type of cancer that is found usually among men who are advanced in years. This type of cancer is caused from the effects of exposure to asbestos ad as a result affects the membranes of our vital organs such as the heart and lungs. Mesothelioma cancer is not very easy to diagnose due to the fact that the symptoms this type of cancer presents are very similar to other diseases that are much more common.

Pleural Mesothelioma


Pleural Mesothelioma is the most common form of this disease and as a direct result accounts for around 75% of all cases of this disease. This type of cancer (Pleural Mesothelioma) attacks and affects the lining of the lungs and presents common symptoms such as shortness of breath, coughing and wheezing, chest pains, difficulty in swallowing and even weight loss. As we have said, these symptoms are very common to other diseases but anyone who has any of them we would strongly suggest consulting their doctor right away just to be on the safe side.

Peritoneal Mesothelioma

One of the less common forms of Mesothelioma is called Peritoneal Mesothelioma and this type of cancer affects the abdomen. Peritoneal Mesothelioma cancer affects the abdominal lining and frequently found in people who have been exposed to asbestos and accounts for around 20% of all Mesothelioma cases. Symptoms of Peritoneal Mesothelioma are as follows: abdominal pains, abdominal swelling, weight loss, loss of appetite, weakness and nausea.

People who have worked with asbestos or have been exposed to the substance are at risk of developing the disease. One of the most important things that we should remember when dealing with this type of cancer is speed. Early diagnosis of the disease is of utmost importance so that it can be treated quickly. With time being of importance when dealing with Mesothelioma, the earlier it is discovered the more chance we have of success in its treatment.

By: Robert Granger

Introduction To Asbestos: 10 Key Facts

1. Asbestos is a naturally occurring mineral which has been used for thousands of years!

2. The asbestos mineral is mined from the earth.

3. The asbestos mineral in its natural state is harmless.

4. Asbestos becomes potentially harmful to health when it is mined or used in the manufacture of other products, essentially once it is in dust or fibrous form and capable of being inhaled or swallowed it becomes potentially harmful to health and can cause asbestos disease.

5. Exposure to asbestos dust/fibres by way of inhalation and/or swallowing can lead to the development of one or more of the following asbestos diseases: malignant mesothelioma, asbestos lung cancer; asbestosis, pleural thickening and pleural plaques.

6. Malignant mesothelioma and asbestos lung cancer are, as their names suggest, forms of cancer and have no cure.

7. Asbestosis is scarring on the lungs which can cause problems with the respiratory system and whilst not so aggressive as malignant mesothelioma and asbestos lung cancer it usually gets worse over time. Although not normally a fatal condition in itself it often combines with other health issues to become a serious health issue.

8. Pleural thickening is thickening of the linings of the lungs and can cause symptoms of breathlessness and pain. Although not a fatal condition in itself it is evidence of exposure to asbestos and therefore a marker of the risks of developing one of the more serious asbestos diseases i.e. malignant mesothelioma or asbestos lung cancer.

9. Pleural plaques are patches of fibrosis (scarring) of the lungs and are often calcified. They rarely cause symptoms of breathlessness and pain. Although not a fatal condition in themselves, they are, like pleural thickening, they are evidence of exposure to asbestos and therefore a marker of the risks of developing the more serious asbestos diseases.

10. Despite pleural plaques representing scarring on the lungs sufferers are no longer entitled to receive compensation for them. This is despite the fact that for the 20 years or so prior to 2006 compensation was routinely paid by insurers for this condition! There is an important distinction to be made here and that is if the pleural plaques are causing symptoms eg pain and breathlessness the sufferer is entitled to compensation.

By: clicknige