Tag: family-member
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Who is eligible to file a claim for a death caused by accident?
Who is eligible to file a wrongful death claim in Florida? In the state of Florida, there are specific individuals who are allowed to file a claim for an accidental death. Typically, it is a person who is a close relative of the deceased. The children of the deceased may be eligible to file a…
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What should I do if I feel scared to face the opposing party during a court hearing?
If you experience fear upon arriving at the court, inform a court official in the designated part (room) where your case will be heard about your concerns regarding seeing the opposing party. The official will help you find a separate area away from the opposing party until it is time for your case to be…
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What is the definition of Ancillary Probate?
Ancillary probate refers to the requirement of initiating the probate process not only in the state where the person passed away, but in every state where they had real estate holdings. This legal procedure is referred to as ancillary probate. Each state possesses probate jurisdiction over the real property situated within its boundaries. Consequently, the…
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What if my family member becomes upset with me for initiating a legal proceeding under the Marchman Act against him/her?
The potential anger of the individual struggling with addiction is not the primary concern. The main concern is whether you, as the concerned family member, are willing to take action in order to safeguard their well-being. While it is common for the individual to initially react with anger, it is often followed by a sense…
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Who is eligible to initiate the Marchman Act?
A family member, spouse, or any individual unrelated to the person in question, such as a friend who has knowledge of the substance use, can submit the Marchman Act pleadings. Since the Marchman Act is a legal proceeding and follows the rules of procedure and evidence, it is advisable to seek knowledgeable advice from the…
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What if my family member gets angry with me for filing a legal case against him/her under applicable legislation?
The potential anger of the individual struggling with addiction or alcoholism should not be the primary concern. The focus should be on whether you, as the concerned family member, will take action to safeguard your loved one from self-destructive behavior. Often, the initial response may include anger, but this is frequently followed by gratitude as…
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What is the nature and value of the assets?
The nature and value of the assets also has an impact on the selection of a Trustee. If a trust consists of a residence and cash, the beneficiary may be able to manage the assets without any assistance. If the trust consists of a closely held business, one or more family members who have been…
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How can someone request to sponsor a family member?
A person residing in the United States or a lawful permanent resident can assist specific family members in obtaining permanent residency in the U.S. The initial action to be taken involves submitting an I-130 form, which serves as evidence to the government that the individual being petitioned is indeed a relative and not an unrelated…
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What is the meaning of parental responsibility?
What are Parental Obligation Laws? Parental obligation laws make a relative potentially responsible for the financial obligations of another family member solely based on their kinship. Parental responsibility was previously known as legal custody. Parental responsibility pertains to a parent’s authority to make significant choices regarding the child, like religious guidance, education, and medical care.…
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What is a Long-lasting Power of Advocate and when should I require one?
What is a Long-lasting Authority of Legal Representation? What is a long-lasting authority given to someone? A Long-lasting Authority of Legal Representation is a legal document that grants another person the authority to handle your financial matters in the event that you become unable to do so yourself. Without a Long-lasting Authority of Legal Representation,…
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Who may act as an agent under a Power of Attorney?
Who can establish a Power of Attorney? Generally, any individual over the age of majority and who is legally competent can establish a Power of Attorney. In general, an agent, or legal representative, may be anyone who meets the requirements of being legally competent and over the age of majority. Most individuals choose a close…
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What are the necessary steps for a stepparent adoption?
What kinds of adoption are offered in Florida? What is involved in the adoption process? Adoption is a legal process where a child is permanently separated from his or her birth parents and relatives and transferred into a new family. The new family is responsible for the care and guidance of the child from that…
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What are the steps involved in a stepfamily member adoption?
Most stepfamily member adoptions result from an absent parent. The parent may be absent because he or she is deceased, has abandoned the child or children, or has not maintained a relationship with the child or children. Sometimes a parent consents to the adoption believing it to be in the child’s best interest. If the…
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What is the most common motorcycle injury?
Novice operators are particularly vulnerable to motorcycle crashes. However, there are other factors apart from lack of experience. Whether it’s drivers of other vehicles failing to notice them in blind spots or adverse weather conditions, motorcycle wrecks can occur on a daily basis. Even seasoned motorcycle riders can be involved in motorcycle collisions that lead…
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What Is Wrongful Death Malpractice?
When a healthcare provider or medical facility causes harm to a patient, it is considered medical malpractice. In instances where a patient dies as a result of medical malpractice, their family members or designated representatives may file a wrongful death claim to seek financial remuneration for the harm caused by the loss. While not every…
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What Types of Damages Can I Recover in Cases Involving Wrongful Death?
What Economic Damages Are Survivors Entitled to in a Wrongful Death Case? How can damages for wrongful death be calculated? Various factors are taken into account for determining the monetary value of damages in a wrongful death case. To compute compensation for wrongful death, the potential income of the deceased will be multiplied by the…
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What steps should I take if I believe employees are mistreating residents in a nursing home?
If you ever have suspicions of mistreatment towards a nursing home resident, promptly inform the director of the nursing home. It is important for family members, doctors, nurses, and staff to be informed about the allegation, and a thorough investigation must be carried out. If you feel that the director is not properly addressing the…
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How can I select a personal representative for my estate?
The choice of a personal representative for your estate is a crucial decision and should be made with utmost care and thoughtfulness. This individual must be 18 years old or older and a resident of the state of XYZ (unless they are a blood relative or related to a blood relative by marriage). Additionally, they…
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What is a Wrongful Death Case Under Florida Law?
What constitutes a wrongful death lawsuit? Wrongful death claims compensate families for a loved one lost because of the negligence, recklessness, or intentional action of another party. The families prevail if they can establish by a preponderance of the evidence that the accused(s) had a responsibility to exercise care, failed to fulfill that responsibility, and…
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What is an authorization for release of protected health information?
Under the Privacy and Security of Health Information Act your medical records are private and even your spouse is not entitled to access to your records. The authorization for release of protected health information is sometimes referred to as the PSA Authorization or PSA Release. This is a written document that designates who, besides yourself;…
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What constitutes a personal injury claim?
A personal injury claim refers to a civil (or, more precisely, non-criminal) action that can be initiated when someone experiences injury, harm, or death due to the negligent, reckless, or intentional behavior of another individual. The party making the claim is referred to as the “plaintiff,” while the entity being accused is known as the…
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What is the role of a Health Care Surrogate or Proxy in the state of Florida?
How can I choose a representative for my health care decisions? Why is having a health care surrogate important? In Florida, individuals have the option to designate a representative, known as a health care surrogate, who can make important medical decisions on their behalf if they become incapacitated or are unable to communicate their preferences.…
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What qualifications should be considered in selecting a trustee?
Who is the appropriate person to serve as a trustee? How do I choose a trustee for my trust? The representative from the law firm overseeing your legal affairs wants to be informed about your protected assets, assets that are not protected, and any financial activities such as sales, acquisitions, and other transactions that occurred…