So you've being wrongly sued by a greedy individual or you didn't get the justice you deserved! Every court battle you have lost! There are tons of fishes but not enough sharks in the sea! You need austin moore kansas city attorney results and you need to win your case! The answer is to locate an undefeated, ruthless, overachiever, don't pay until you win attorney. Here are the steps to help you win your battle:
™
1. Look in your phone book for the attorney of your problem and call.
2. If a receptionist answers request to speak to an attorney. If a receptionist doesn't answer and the attorney answers himself hang up and find another attorney. Savvy attorneys didn't become successful having to answer their own phones! Having a receptionist shows status and success.
3. Meet with attorney and ask for references and most importantly the win-loss record.
4. Undefeated attorneys won't ask you to pay upfront because they know they will win your case 100% of the time anyway.
5. Don't sign any contract without reviewing it with a different attorney to make sure the devilish attorney isn't pulling a fast one
6. Be on time in court they don't like to be kept waiting.
7. Lastly, when you win let them know that their cut in money is all they can take and nothing else!
So there you have it! Those are the ways to find an ruthless undefeated attorney that will win your case for you! These type of attorneys are hard to find but they are out there. They get there kicks from blowing other attorneys out the courtroom with their knowledge, research, and tactics. They are the most wealthiest, sought after people in the world. You have probably seen a few on tv working for celebrities. Good luck locating your attorney from the other side!
Every professional knows the value of a power of attorney for an elder even if not by name. The advance directive or a living will is widely recognized as the legal remedy for control over ones destiny in the face of terminal illness. The patient's instructions are carried out by the patient advocate who is acting under a power of attorney. The vast majority of people who use powers of attorney for elders are loving, caring family members who without the authority could not assist. Powers of attorney are indispensable, but are they also dangerous? In the wrong hands perhaps, but that is a risk with a cure.
Essentially a power of attorney is a simple document granting another person the power to act as the first person's agent or attorney in fact. The attorney at law is a person who acts as the agent in a court of law. The powers granted may be as broad or as narrow as the principal chooses. The agent acts only so long as the principal approves and the agent's authority may be terminated at any time. The agent never takes over without principal permission. Where the power of attorney is durable the agent may continue even if the principal is not competent. In this instance the agent is required by law to strictly and dutifully perform only those powers granted. More later on what happens if the agent violated this duty.
The power of attorney is indispensable for family members who come to the aid an elder in time of need. Sorting out insurance denials is impossible with authority. An answer to "Are you the insured?" will quickly terminate a call if the child has no authority.
Probate court an alternative, but what does it cost? Where the elder lacks the simple capacity to name the person who will assist in their affairs, the probate court is available to appoint a guardian or conservator. This formal court proceeding will cost in time and money but is sometimes the only solution. A person may have minimal capacity, but may have no trustworthy person to act. The court will appoint a person who will be supervised and answerable to the probate court.
The probate court is to be considered only after the alternatives are not available. Michigan Supreme Court Probate Court form 666 advises the following options be considered first:
But, what about elder abuse? What of the power for abuse? We hear of concerns that children may get a power of attorney from parents and then subject them to elder abuse. There are a number of legal points to consider. First, if the elder is not competent when the document is signed then it is of no effect. A court in a guardian or conservator proceeding may find that the elder did not know what the elder was signing and void the document as well as appoint a guardian. Second, the power of attorney is not often needed for abuse since these children have access to bank accounts of the parent by being joint on the bank account. Third there are criminal laws against abuse.
A person who uses a power of attorney is a person in relationship of trust. If the agent uses the power of attorney to exploit a vulnerable adult, Michigan law provides for punishment up to 10 years in jail and a fine 3 times the value of the money or property obtained.
In addition the agent who abuses the authority granted may be charged with embezzlement and forgery and receive up to 14 years in jail.
Elder exploitation is the misuse of an adult's funds, property or personal dignity by another person. If you suspect Elder abuse, neglect, or exploitation in a private home or unlicensed facility, notify the Department of Human Services (DHS) Protective Services for Adults. Statewide 24 hour Hotline:
1-800-99NOABUSE
1-800 996-6228
In short the power of attorney is a simple, affordable wonderful tool for family members to come to the aid of a person in need. If that power is abused there are powerful remedies against those who would try to take advantage of a vulnerable adult.
by Jim Schuster, Certified Elder Law Attorney
