Can I Get Power of Attorney in California For My Parents If They Can’t Make Decisions?

Can I Get Power of Attorney in California For My Parents If They Can’t Make Decisions?

The simple answer is no. If California, your parents can name you as their Agent under a Power of Attorney, but you cannot get it unless they give it to you. If your parent, relative or friend did not have a power of attorney and suffered a sudden stroke or was in a serious accident and can no longer sign documents or express their wishes, you may need a conservatorship. Because of privacy obligations, a bank will not work with you until a probate court judge appoints you as conservator.…

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Can I Sue An Assisted Living Facility For Elder Abuse In Florida?

Can I Sue An Assisted Living Facility For Elder Abuse In Florida?

Yes, you can sue an assisted living facility (ALF) when the staff’s abuse or negligence cause harm to an elderly resident. From physical abuse to sexual abuse to emotional abuse to financial abuse, assisted living facility abuse takes many forms. The abuse may be committed by assisted living facility staff. For example, a staff member may slap or otherwise physically attack a resident. A staff member may also use restraints excessively. Abusive language and theft may be considered abuse as well. Keep in mind that not all abuse is committed…

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How do I get a visitation order in Illinois?

How do I get a visitation order in Illinois?

How do I get a visitation order in Illinois? Obtaining a court-ordered visitation schedule in Illinois is critically important to protect your rights to see your children. Without a court order setting forth a specific visitation schedule, parenting time or custody, there may be little one parent can do to prevent the other from making unilateral decisions that impair and harm the time you spend with your own children. Thus, it is crucial for you to work with an experienced family law attorney to safeguard your parental rights. The best…

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How can I get joint custody of my child in Illinois?

How can I get joint custody of my child in Illinois?

In most situations, Illinois courts favor parents working out some form of joint custody arrangement with their children.  Additionally, Illinois has a joint custody law that I am proud to have co-authored — and also benefited from as a joint custodial father myself. Joint custody allows parents to remain involved in the lives of their children if the law is utilized most effectively.  There are basically three forms of joint custody. These include: Joint legal custody, where both parents share major decisions-making powers; joint physical custody, where children spend significant time with…

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What Factors Do Illinois Family Courts Take Into Consideration When Making Child Custody Determinations?

What Factors Do Illinois Family Courts Take Into Consideration When Making Child Custody Determinations?

In Illinois, matters related to child custody and visitation are referenced using the term parental responsibility, which encompasses issues related to parental decision making and parenting time. For the family courts, the overarching factor in cases involving parental responsibility determinations is what is deemed to be in a child’s best interest. With this goal in mind, the courts established 15 factors that are considered and weighed. Factors The Courts Consider In Parental Responsibility Cases Taking factors including a child’s age and any special educational, medical or other needs into account,…

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What factors impact my ability to obtain custody and parenting time in Arizona?

What factors impact my ability to obtain custody and parenting time in Arizona?

The term “custody” is often confusing. Many people think that it means who gets the children most of the time. The term custody in Arizona law has now been deleted because of common misperceptions. The two main principles are now “legal decision-making” and “parenting time”. Legal decision-making means who makes the major decisions regarding the children’s education, health care, personal care and religion. Parenting time means exactly what it sounds like — what days are the children with each parent? There are two types of legal decision-making in Arizona, i.e.,…

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Are mothers always awarded custody in New York?

Are mothers always awarded custody in New York?

While the answer may previously have been yes in many cases, now the answer is no. What Has Changed In the past, the presumption used to be that the mother was awarded primary physical custody, which often included primary legal custody (decision-making rights) as well. With the emphasis now on the best interests of the children, however, the courts are really taking a detailed look at both parents to give them equal custodial rights. This has been shown to be better for the children in most cases. What Is Taken…

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How Do I Get Custody of My Child in Pennsylvania?

How Do I Get Custody of My Child in Pennsylvania?

There may be no divorce issue that is more important, or more emotional, than child custody. In Pennsylvania, child custody is determined according to the best interests of the child (not the parent). The court may award sole custody to one parent or joint custody to both parents. The court may also distinguish between legal custody, which includes the right to make decisions and the responsibility of raising the child, from physical custody. Generally, if your child is at risk for physical or emotional injury from his or her other…

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Why are family law cases in California so complicated?

Why are family law cases in California so complicated?

Family law issues involving divorce, child custody and property division tend to be complicated because they are fact-driven and divorcing parties often dispute what the facts are. In so doing, the parties frequently miss out on opportunities to resolve issues most efficiently. Some cases must be litigated, especially if the other side has dug in on a certain position. And certain issues, such as custody disputes or dividing interests in a business or intellectual property, can be particularly difficult. In appropriate circumstances, however, negotiating a mutually acceptable solution or using…

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Can I get sole custody of my child in California?

Can I get sole custody of my child in California?

First, it is important to understand what sole custody is and is not. Sole custody does not necessarily mean that you are the only parent who will have access to your child and the other parent will no longer be able to see the child. Such arrangements are rare and typically only used in extenuating circumstances such as when one parent poses a threat to the child’s safety or well-being. Two kinds of child custody exist in California: physical custody and legal custody. Each of these can be broken down…

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