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Is An Undated Power Of Attorney Valid?
Laws vary by state. Generally, a date is required on a legal document whenever that date might be relevant. The blanket statement that all legal documents require dates is incorrect.
As far as a power of attorney, this allows a person (the agent) to act on behalf of another person. Dates on the document might become relevant if there is a question of whether the agent was acting before or after the power of attorney had been signed. Without a date, there may be grounds to challege the action as not having been authorized at the time.
All such laws vary by state. Check your local listings for details.
How Can I Find A Lawyer?
My Childrens Father Passed Away Last Year. He Died Leaving A Mortgage On His House. His Father ( Childrens Grandfather) Took It Upon Himself To Take Care Of The Legal Matters, Even Hired A Lawyer For This. He Came By The House To Try To Get My Autistic Son ( Age 21)To Sign Over His Rights To The House But I Told My Son Not To Sign Anything Just Yet. Well The Father Gave The House Back To The Bank, When He Did This, The Bank Went After The Children And Sued Them ( Ages 13, 16 And 21 ) My Chidlren Have Not Gotten Anything From Probate, No Money, Only The Clothes They Had At Their Fathers House. The Grandfather Even Kept Their Fathers Ashes. I Have Been Trying To Find A Lawyer To Help With This Case But No One Will Help ( Something About Tort Reform ) I Am Not Asking For A Lawsuit, I Only Want Someone To Represent The Kids In This Matter. I Will Tell You This, My Handicap Son Has Had On Going Melt Downs Because Of This Lawsuit. He Keeps Asking Me If He Is Going To Jail When He Has Done Nothing Wrong. How Can I Find A Lawyer? I Have Had 5 Lawyers Turn Me Down And I Am Not Asking For A Lawsuit Either, Just A Lawyer To Handle This For The Kids. Should I Just Let This Go? What Can They Get From Kids When The Kids Have Nothing?
If you need help finding a lawyer in your area, try the state bar association web site.
If you have found lawyers, but they are unwilling to take your case, that may be because you don't have one that they can win. Lawyers run businesses, and if a potential client walks in, and doesn't have a case or can't pay, most lawyers will not be willing to represent them. Additionally, lawyers have a professional obligation to not make frivolous arguments to the court, and they may deem your case to be frivolous.
I'm not saying you don't have a case, just that that may be a reason lawyers aren't taking yours.
What Is The Best Criminal Defense For Armed Robbery?
Is There A Defense That Involves Financial Hardship Or Robbery To Provide For The Family?
The only affirmative defense to armed robbery is duress. All criminal statues have affirmative defenses that have been recognized in past cases, as affirmative defenses, recognized by a court, and passed on legally by the concept of starre decises (let the decision stand). Having said that, the only situation I could see that would merit a defense, would be a case in which someone convinces you that you will be killed or your family members would be killed, if you refuse to commit the robbery. This would be a hard defense to prove without evidence of the duress, such as witnesses that can attest to the duress you were under. I am not even sure there has been one case yet, in which a person was successful at proving duress. There is no other viable defense that I can think of. It is not a defense that your were poor, or in desperate need of money. This comes down to a decision to act or not act, and the one defense I provided, could easily be challenged by the prosecutor, by proving that the actor had the ability to contact police for help before committing the robbery.
If Someone Hires An Attorney To Instigate A Frivolous Lawsuit Against You, How Do You Get To Bar Association?
Someone Mentioned In This Forum That The Bar Association Will Fine An Attorney Who Files Frivolous Petitions. How Do I Bring Such Action To Their Attention?
The possible actions that can be taken directly against opposing counsel, how to take those actions, and the considerations you should have before doing so vary State to State. Talk to your lawyer about your options.
To contact the State Bar Association, just google the name of the State together with the words "Bar Association". You should be able to find it pretty easily.
What Are My Rights And Should I Contact An Attorney?
Prior To Having Guardianship Over My Mother Who Has Pick'S Disease, I Had To Get A 72 Hour Involuntary Committal For Her To Get Into The Hospital. She Has Now Been Kept For 3 Weeks And Is In A Nursing Home. When I Received The Guardianship I Went To Talk To Them To See What I Had To Do To Get Her Released. They Are Telling Me That The Dr Cant See Her Until 10 Days From Now To Release Her. I Am Finding That Hard To Believe. They Charge Over $600.00 Dollars A Day And I Am So Afraid That Her Medicare Is Not Going To Pay For It And My Father Will Lose Their Home And She Will Not Have A Home To Go To. I Have No Idea Where To Go Next. I Feel That This Has Gone Way Too Far.
First of all, I am so sorry that this is happening to your mother, and therefore to you and your family.
Some things simply defy all fairness.
You need to consult an elder law attorney- fast.
There are ways to handle your parents estate so your Dad is not put out of the house.
The FIRST thing you need to do is get him down to the Registry of Deeds and make sure his house is "homesteaded".
When I did mine, it cost about $25 to do that - a small fee for something so important.
All it takes is filling out a one page form, with very simple information, and having it recorded.
Elder law attorneys specialize in navigating this stuff- and with changing laws, you really need one.
Your Mom is as safe as you can make her - now you need to keep your Dad safe too. You also need to really think about whether your mom is going to be well enough to come home. Take this time to consider that, and speak to the attorney about alternatives, now or later. For now, it's actually lucky they aren't springing her too soon.
Can I Change The Custody Agreement?
My Parents Have Been Separated For About 2 Years, Not Divorced, Separated. They Split Due To Abuse On My Father'S Part And Just Over All Not Being Compatible, Not That Why They Split Is So Relevant. But During Their Separation My Sister And I Have Been Forced To Move From Each Parents House Week To Week And After Two Years Of It, It'S Become Very Frustrating. It'S Not Fair To Us To Have To Live Some Place Different Every Week And It Makes Life Complicated Because We Are Practically Living Out Of Suitcases. I Would Like To Change The Custody Agreement So That My Sister And I Would Be With My Mom During The Week, Dad During The Weekends. It Seems Fair Considering The Fact That My Dad Was Always A Negligent Parent But Likes To Look Like He Is A Part Of Our Life. The Only Problem Is My Mother And Father Refuse To Go To Court To Divorce Or Anything Like That, Do I Have The Power To Change The Custody Agreement Without Them Being Extremely Involved?
Btw: I Am 16, We Went To Court Once, When I Was 14 I Think, And My Mom Wasn'T Granted Full Custody Because My Sister And I Got In Trouble Because Neither Of Our Parents Were Watching Us Correctly. But Now We Are Very Well Behaved.
Your parents can change it by mutual agreement. It generally helps in divorce questions to say what country/state/province you live in, because laws vary, but that probably doesn't much matter in your case. I take if that your parents are legally separated and that there is a court order specifying the current arrangement.
Which, I agree, is hard on kids. When I first divorced, my ex-wife and I had an arrangement like that. While I liked having more time with the kids, I saw it was hard on them and went to weekend visitation. It took the lawyers several years to put it into writing and adjust child support accordingly, but I think life was more convenient for the kids.
You're right that why they split isn't relevant. Both parents love their kids and want time with them. If your father was negligent, the state would step in and take you away. If he only liked to look like part of your life, he'd leave you with your mom instead of taking care of you half the time.
But no. You can't change the agreement without them being extremely involved. You can ask. You can try refusing to go to your father's except weekends and see if that's OK with your mother. But in the end, your parents have to be the ones making the changes.