You could execute an affidavit declining to serve as the agent under the power of attorney. If there is a back up agent, that person would then step in. I would also send a letter and the affidavit to her son and sisters.
Full Answer
AFFIDAVIT OF INABILITY TO PAY COSTS Sec. 13.001. DISMISSAL OF ACTION. (a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that: (1) the allegation of poverty in the affidavit is false; or (2) the action is frivolous or malicious.
DISMISSAL OF ACTION. (a) A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that: (1) the allegation of poverty in the affidavit is false; or
These decisions could be medical, financial or fall within many categories. If the person is truly incapacitaed and there is no Power of Attorney or similar document, than an interested party can petition the court for guardianship. Giardianship can be over the person, the property or the person and property of the incapacitated person.
One must also allege entitlement to attorney fees in their lawsuit and put the other side on notice of the intention to seek such fees. Failing to do so may waive a party's right to recover such fees, even if they would otherwise be entitled to them through contract or statute.
You must first fill out and file an affidavit of indigency form. When you file, the district clerk will set a hearing date. At the hearing, you present your financial situation to a judge and ask them to waive filing fees. If the court approves your request, you can move forward without paying these fees.
You can ask the court for a fee waiver by filling out a court form and filing it with the court. If you have a family law case, fill out the form called Application for Waiver of Fees (#JD-FM-75).
A fee waiver request must be made by filing a Motion with the court. This is done by making a Notice of Motion and a sworn Affidavit that explains your finances to the court. There is no official form for this request and different Judges may require different information to decide your fee waiver request.
As it currently stands, when Florida residents miss a payment on a court-issued debt, the state suspends their driver's license indefinitely. Every year, roughly 1.2 million Floridians face debt-related driver's license suspension.
An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human ...
The New York State New Car Lemon Law provides a legal remedy for consumers who are buyers or lessees of new cars and certain "used" cars that turn out to be "lemons." If a car does not conform to the terms of its written warranty and the manufacturer or its authorized agent is unable to repair the car after a ...
You technically can't “pause” or “freeze” your auto insurance — it's required by law in almost every state. The only way to pause your auto insurance is to cancel your coverage in its entirety, which you should only do when you're switching policies or getting rid of your car.
There is no “cooling-off” period in New York for car purchases. Some dealers may tell you that you have three days to change your mind. This is not true. But in New York City, you have 48 hours to look over a contract before signing while the dealer holds the car.
My Family Member is Incapacitated, now what?#N#If your family member is truly incapacitated, then someone else will need to be making the decisions. A decision of incapacity is not based upon your opinion but is typically a decision made by a judge based upon the expert testimony of physicians. If someone is legally incapacitated, then they have lost the ability to make certain decisions on their own behalf. If they are not competent to make these decisions, then someone needs to make these decisions for them.
A Power of Attorney (or Health Care Proxy in Florida) is a document that can give certain decusion making powers to the person or persons of your choice upon the happening of a specific circumstance of your becoming incapacitated. If the person is already incapacitated, then ...
If someone is legally incapacitated, then they have lost the ability to make certain decisions on their own behalf. If they are not competent to make these decisions, then someone needs to make these decisions for them.
If the person is already incapacitated, then they cannot grant you Power of Attorney. You cannot make yourself their Power of Attorney or apply to be their Power of Attorney.
In order to have your wishes followed, it is best to have an attorney draft a Power of Attorney, or similar document, that outlines your wishes and gives the power to a person that you trust. You can change or revoke a Power of Attorney while you have the capacity to do so.
It is lying under oath if untrue. Lying is telling a falsehood knowing that it is false.
Assuming your facts are correct a lawyer signing a sworn affidavit has no more leeway than any other citizen. In fact other considerations may also apply like the ethical responsibility to be candid with the court. If you can prove it, one alternative is to contact the state bar. I strongly urge you to be very, very certain you are correct.
The other way that attorney fees may be shifted to the losing party is through an agreement of the parties in a contract. The contract usually must be the foundation for the lawsuit, such as a breach of contract action, and the fee shifting provision must be clear and unambiguous. While many contracts attempt to create one-sided fee shifting ...
Additionally, once entitlement to the fees is established, the prevailing party must generally show the amount and reasonableness of the fees. This is often done through the use of affidavits, but in some instances it may be necessary to have an adversarial hearing at which evidence is given of the amount of the fees, ...
While many contracts attempt to create one-sided fee shifting agreements, the reality is that most states have reciprocity laws that allow both parties to recover prevailing party attorney fees if there is a contractual agreement for fee shifting to either party. In most jurisdictions, simply having the right to fee shift is not enough.
However, if the association was forced to bear its own attorney fees, even when successful, most associations would be unable to enforce their rules or collect their dues . As a result, most states have enacted fee shifting statutes that apply to homeowners associations.
Of course, homeowners association cases are not the only ones with a public policy that leads to fee shifting. Although they often vary from state to state and in federal jurisdictions, other examples might include class actions, lemon law suits, civil rights cases, antitrust lawsuits, etc.
While not technically a fee shifting provision (i.e., there is no winner or loser in a divorce proceeding, so no pre vailing party attorney fees ), this can be used as a way to have a different party pay for the attorney fees. If you have a question about whether fee shifting will be an available option in your case, ask an attorney.
Note, it is often quite possible for attorney fees to far exceed the amount in controversy in a lawsuit and still be considered reasonable. What makes a fee reasonable or not is more often about whether the attorney needed to take the action and bill for it, or whether such billing activity was frivolous, redundant, ...
If a Statutory Demand is undisputed and not paid within 21 days of its receipt you can start insolvency proceedings against the late payer to wind up their company.
If the client has ignored your overdue invoice emails or has been buying time with excuses, the fear of legal action can sometimes be enough for the client to finally pay the outstanding amount. A solicitor will be able to send a formal letter to the client on your behalf.
The late payment of debts legislation, which includes the Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2013, gives businesses the statutory right to claim interest on late payments from any other businesses.
Making a claim in court. If you decide to go to court to make a small claim then you can represent yourself in person, as opposed to having a barrister or solicitor represent you. If both you, the claimant, and the defendant have agreed to mediation, the claim will be referred to the Small Claims Mediation service.
Deciding to take legal action on an unpaid invoice. As a freelancer, taking legal action against a non-paying client can be a daunting prospect, but you shouldn’t be put off – you deserve to be paid for all of the work you do. You may be able to recover a debt without going to court if it’s a trade debt with little dispute of fact or evidence, ...