What is Elder Financial Abuse?
Elder financial abuse arises when a senior citizen suffers financial exploitation, the retention of funds against the will of the victim, or the wrongful appropriation of an elderly person’s funds, while in a position of trust with such person. Financial abuse of the elderly occurs more often than one might think. Approximately 90% of elder financial exploitation is committed by family members, caregivers, friends, acquaintances and/ or confidence persons.
The prevalence of elder abuse may be higher than many would like to believe. Conflicting estimates put the occurrence of elder financial abuse at anywhere between 1% to 10% (and some estimates are even higher). A study conducted in 2009 by MetLife found losses due to elder financial abuse to exceed $2.6 billion dollars. The current global economic downturn has caused a serious rise in elder financial abuse cases.
According to the U.S. Department of Health and Human Services , "The elderly are particularly vulnerable to financial abuse and exploitation due to diminished physical or cognitive capacity that limits the ability to manage financial affairs, or to protect oneself from fraud. In some cases, older adult victims are disengaged from their finances, put their trust in others, or are reluctant to report abuse due to shame, fear of losing financial resources or elderly-only housing, or fear of losing one’s independence." Elder financial abuse can be particularly complicated and disturbing because, it often involves family members or other loved ones as the perpetrator.
Having a Baton Under Nevada Laws
The possession and carry of batons such as those outlined in the Introduction above are regulated by NRS Chapter 202.025(1) to (3), which state:
(1)(a) For the purposes of this section, "baton" means:
(i) A straight stick or rod that is at least 6 inches long and less than 24 inches long; or
(ii) A straight stick or rod that is at least 24 inches long in a lengthwise folded bundle with a tape or cord tightly wound around the folds.
(b) "Baton" does not mean a cubicle stick or night stick.
(2) Except as otherwise provided in this subsection or NRS 202.350, a person shall not possess or carry a baton:
(a) On his or her person in a public place; or
(b) While attending a motor vehicle or while traveling as a passenger in a motor vehicle on a road, street or highway in the State of Nevada .
(3) The provisions of subsections 1 and 2 do not apply to:
(a) Peace officers or a person who has been summoned by a peace officer;
(b) A person whose employment, occupation or calling involves the handling of devices defined as batons in this section if the batter is necessary as a part of the necessary activities of that employment, occupation or calling; or
(c) A person who is registered as an employee of a licensed Nevada security guard service or as an employee of the private security company as defined in NRS 648.015 hired by a facility for the protection of persons and property.
What Are Legal Malpractice Interrogatories?
Legal Malpractice Interrogatories are what they sound like, questions designed to elicit information about an attorney’s alleged negligence. They can cover a wide range of topics, from the facts of the case to be prosecuted by the attorney allegedly negligent, the interview of the potential client, to billing practices and activities in the negligence case. As a Motion for Summary Judgment is the most common way to resolve law suit complaints in Legal Malpractice cases, interrogatories are used to nail down answers to specific questions of ultimate fact, which come up again in the moving of the motion for summary judgment by disclosing the affirmative, negative or neutral answer as to specific information. For example, in the above mentioned hypothetical, the Complaint may allege that our attorney lost evidence of an accident. The Complaint may further allege that our attorney spoke to witnesses "X, Y and Z" on this issue . The Complaint may further allege that the defendant attorney was not able to produce witnesses "A, B and C" from the case. In responding to these allegations, there may be great ambivalence. The Motion for Summary Judgment is a good time to nail down who the clients are talking about. As soon as we know X, Y, and Z we can ask them. Did they see our client? Did he/she talk to you? Did they say anything to you? Were you interviewed for the case? These questions, and many more, can nail down the exact nature of the recollection. There is sometimes a yawning chasm of difference between what attorneys remember on the case and what clients have witnessed. These differences are resolved on depositions soon after the interrogatories are responded to. The earlier the better, in order to meet the deadlines imposed by the CPLR and also because the earlier the case is resolved, the lower cost it will entail for the litigants. That’s the goal.
Overview of Virginia Drunkenness Statutes
Virginia has specific laws regarding alcohol sales and consumption. Per Virginia state law, the minimum legal drinking age is 21. Anyone under the age of 21 is prohibited from purchasing, possessing or consuming alcohol, which includes beer, wine and liquor. There are exceptions to this rule that allows for consumption in the home or within the home of a family member. Drivers under the age of 21 may not have a blood alcohol content that exceeds .02 percent, which is half of the general limit of .08 percent. It is also illegal to sell beer, wine and liquor to an intoxicated person.
Virginia state law prohibits the sale of alcohol by anyone who does not possess a license. Licenses are issued by the Virginia Department of Alcoholic Beverage Control to qualified manufacturers, wholesalers, brokers and retailers who follow state law . Grocery stores, convenience stores and gas stations can apply to sell beer and wine, while restaurants, bars and clubs require separate licenses to sell alcoholic beverages. Virginia does not currently permit grocery stores to sell liquor. Beer and wine must be in a retail establishment that has been approved by the Virginia Department of Alcoholic Beverage Control.
You can obtain a one-day license to serve alcohol on a temporary basis for a special event. Such events include charity events, wine tastings and food pairing events. A special event may last for up to five days. One-day licenses can only be obtained by organizations, groups, associations, clubs and societies. It is illegal to serve alcohol on school property, college property and other certain properties such as J. Sargeant Reynolds Community College.
What Is the Legal Age of Consent in Georgia?
Georgia law determines the legal age of consent. A person must be age 16 or older to give consent to engage in sexual acts in the state of Georgia. Accordingly, it is a crime for an adult to participate in sexual conduct with someone age 15 or younger.
There are a few exceptions to this law. For example, the law has an exception for people who are legally married to each other. Because these are marriage-related provisions, they do not apply unless both parties are legally married. Anyone who is not married is subjected to the same age of consent laws in Georgia.
Additionally, the age of consent provision does not extend to people who are legally in a position of trust or authority over someone who is less than 18 years old . This means that people who are less than 18 cannot legally consent to sexual conduct with their teachers or coaches, for example. Even if the conduct occurs between two minors, if one of them is in a position of trust or authority over the other, it may still be a crime.
The age of consent in Georgia makes exceptions for people in the military. Military law governs these individuals instead of state law. These laws are unique and differ from civil or state law. In addition to military laws, most U.S. states have laws against sexual conduct with service members.
What is a Utah Real Estate Purchase Contract?
Understanding Real Estate Purchase Contracts in Utah
So what is a Real Estate Purchase Contract ("REPC")? A REPC is a contract between a buyer and seller that specifically governs the sale/purchase of real estate. This contract is filled with different terms, conditions, and contingencies that will ensure the transaction is completed or terminated, and rest assured , it is very important that every line of that contract is read and understood before putting pen to paper. The contract itself is broken up into sections including: select date for contract; purchase price; earnest money; title issues; title insurance; closing and possession; appraisal contingencies; and inspection contingencies. It is important that all of these sections are understood before agreeing to a REPC, as selling home/land is quite the permanent decision that is often irreversible and possibly quite costly.
What is a Cohabitation Agreement?
An Ohio cohabitation agreement is a written contract between two unmarried individuals. Cohabitation agreements are used to define the rights and duties of each individual and outline how joint property will be handled. While the cohabitation agreement can cover many of the same topics as an Ohio antenuptial agreement, an Ohio cohabitation agreement does not need to conform to the same statutory requirements.
Ohio law presumes that any property purchased by cohabitants is owned in equal shares, although the cohabitants may rebut that presumption. A cohabitation agreement may eliminate the presumption or specify the respective ownership interests of the parties in jointly acquired or gifted property. An Ohio cohabitation agreement may also place restrictions on the rights of one party to use or occupy specific property after the relationship ends. The agreement may also allocate debts or obligations of either party to the other.
Cohabitation agreements are not covered by any statute in Ohio and are generally governed by contract law. Courts will intervene to divide cohabitating individuals’ property only if there is a cohabitation agreement. Without an agreement , property is presumed to be joint property and there is no right to partition the property.
Ohio does not have a statutory domestic partnership registry. However, in 2013, the Ohio Supreme Court issued a decision in a negligence case that recognized domestic partnerships. In the case, a gay couple had purchased a house as joint tenants. When they separated, one partner gave the other a choice: If he would quit claim his interest in the house, the other partner would give him $150,000. The partner who had the larger income declined, and refused to contribute to the mortgage, while the claimant made all the payments. The claimant who had given the defendant the choice sought damages for breach of his duty of good faith and fair dealings. The court disagreed, holding that there was no enforceable property agreement because unmarried individuals do not have rights in Ohio to property acquired during their relationship in the absence of an agreement.
A registered domestic partnership may allow for property rights under Ohio law, but the Ohio domestic partnership registry is limited to private employers. The state of Ohio does not offer any provision for registered domestic partners.
Overview of the New 50/50 Custody Law
The 50/50 Custody Law is a new Kentucky law, incorporated into KRS 403.270(2)(c), which went into effect on January 1, 2018. The law is intended to reduce conflict and reduce the adversarial atmosphere of child custody cases by promoting equitable time with each parent and shared decision-making authority over the children. The law specifically says that "[a] standing order or a case schedule shall not be utilized to implement this provision of law." Thus, standard visitation schedules (i.e. alternating weekends, etc.) do not apply under the new law and judges will not apply the standard custody schedule to parents sharing equal parenting time. As of January 1, 2018, trial courts have been, and will continue to, have to implement the 50/50 Parenting time for parents going through a court action. Because the statute was passed after the summer legislative session, when the Kentucky legislature adjourned, many trial courts saw a conflict in the statute and the standard visitation schedule. For this reason, trial courts decided to interpret the statute to either not apply or postponed its implementation until January 1, 2018 . Since January 1, 2018, and for the foreseeable future, trial courts will have to interpret and apply the new 50/50 parenting time statute including court orders entered prior to January 1, 2018. There are some limitations to the 50/50 Parenting time statute. Going forward, parents must consider their responsibilities as parents going into any family law action. Since 2018, as per the new 50/50 Parenting time law: In Kentucky, at the time of writing, the law requires custody to be shared between parents on a 50/50 basis. This means parents share equal parenting time with the child(ren) and share decision-making authority over parenting choices with the child(ren) while the child(ren) reside with each parent. A lot remains to be seen about how the law will be applied and what effect it may have on litigated cases. Early indications vary widely, ranging from judges treating the new law as a new starting point in custody actions to judges inferring a limited application of the statute. It is important to stay connected to updates and amendments to the new law. There are indications that some changes will occur during the 2018 legislative session. Hopefully, the changes will bring more clarity to the 50/50 parenting time statute and continue to promote more parental involvement with child(ren).
What Exactly is Common Law Marriage?
Simply put, a common law marriage is a relationship in which a couple has agreed to be married and has cohabitated for a less defined period than required for a formal marriage to occur, and in the absence of a license or formal ceremony. This definition is quite broad, and common law marriage is a complex topic. Regardless of the specific criteria necessary to establish a common law marriage in any given state, the relationship between individuals and the resulting legal parameters are usually agreed to be mutual, cohabitative , and conferred by intent. Depending on the jurisdiction, common law marriage stems from either an express or implied contract between the individuals, and can be unwritten or not formalized. The idea of common law marriage, based on its name, seems to imply that a couple can become married simply by cohabitating for a sufficient time and holding themselves out as a married couple. Because states do not apply uniform standards to common law marriages, there is little homogeneity in how these relationships are treated within the legal system.
Florida Prenuptial Agreements Explained
A Prenuptial Agreement is a written and executed contract that is usually entered into by intended spouses prior to the marriage. This agreement, commonly referred to as a "Pre-Nup" or "Premarital Agreement" is meant to define the anticipated property and financial rights of each spouse in the event of a divorce, separation or death. Not every state licenses family law practitioners to prepare these agreements. In fact, 26 states, including Texas, require attorneys to obtain specific certification in order to prepare a Prenuptial Agreement. For this reason, many individuals seek out the assistance of a qualified South Florida attorney to draft these agreements. Often, a Floridian is found on the receiving end of a bland, form document drafted by a loved one’s Texas based attorney. Be careful: not only are the forms unsuitable, but Florida statutes concerning the validity of a prenup differ from other states.
In 2007, the Florida Legislature passed the Florida Uniform Premarital Agreement Act (the "Act"). The Act details the requirements necessary for a valid Pre-Nup in Florida. Florida Statute 61.201(3) sets out a short definition for a Prenuptial Agreement, identifying it as " ‘an agreement between spouses made in contemplation of marriage and to be effective upon marriage.’"
In Florida, it is important to understand that neither spouse may have the unilateral right to dispose of the other’s assets. This is a key difference between Florida and many of those other states that require certification. A prenuptial agreement entered into in Florida may not actually be a true contract . This is one of the reasons why Florida has not clung to the certification requirement that remains in 26 states. In Florida, there exists no fiduciary duty between the couple that provides the enforceability for the agreement. Instead, the acting force is the Act. To that point, Florida courts have refused to categorize prenups as strictly a contract, despite the original intent of the Act.
One of the next points to keep in mind if you are contemplating a agreement is that the agreement is not subject to the modification requirements necessary for other contracts under Florida law. The premarital agreement is not subject to the statute of frauds when characteristic tenants of a contract are present. See Fla. Stat. § 725.01; see generally Schwartz v. Battey. 93 So.2d 738 (Fla. 1957); Plotkin v. Chenitz, 518 So.2d 373 (Fla. 4th DCA 1988); Pool v. Shelter Pest Control, Inc., 36 So.3d 75 (Fla. 4th DCA 2010).
Florida courts have held that the remedies for wrongful disclosure and/or nondisclosure of assets are currently limited to constructive trust remedies. In general, a Florida court will enforce the terms of a prenup to ensure the said terms do not result in an "unreasonable and unfair advantage" to one party. When deciding whether an agreement is valid and enforceable, a Florida court will consider if the terms were unconscionable due to any of the following; insufficient or lack of disclosure, whether each party was represented by independent counsel, whether each party had adequate time (at least 7 days) to review the agreement before signature, and whether the nuptial was performed under duress or coercion. If any of these factors exist, the agreement is unlikely to be upheld by a Florida court.