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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Can I mention the penal codes in my testimony that I believe have something to do with the case. Penal code 31.3 or 30 in the Texas department of the elderly and disabled. Even though he is deceased after the manipulation and lies?
Lisa, I've just read your profile and more about the suit. This is a VERY complicated situation, even for someone with legal background.
If you can't get a court appointed attorney, contact the local law schools and ask if there are any pro bono attorneys who could help you, for free. Or contact senior centers, find out when attorneys offer free legal advice, and meet with one of them, preferably in the area in which your mother lives.
They might have some suggestions on moving forward with the suit.
Lisa, who's the plaintiff and who's the defendant? Are you suing someone or being sued? It would make a difference in what you cite. However, I assume this is a civil suit for some type of elder abuse because of alleged fraud?
What issues and statutes or penal code you might consider raising turns on the nature of the suit, and how the codes relate to the allegations.
What are the basic charges (allegations), what are you asking for (i.e., money, reimbursement, etc.), and more and very specifically, what are you using the penal code references for? A pleading, responsive pleading, interrogatories? I get the impression you're answering something prepared by the opposing counsel?
I have to agree with the others; representing oneself in a civil suit is a big gamble; even if you read the statutes and court rules, you're probably "outgunned" by people who do that for a living.
I would agree that you should try to get a court appointed attorney, if you and your mother are the defendant(s).
However, if you want an "extension", depending on the level of the court, you might have to file a motion to adjourn unless the attorney for the opposite party agrees to an adjournment. Attorneys make these agreements all the time, but when a non attorney is involved, they can easily "stick it to you" just to be mean.
Please it's all good. I appreciate all the advice and I wouldn't want to be miss led ..I am going to ask for extension and try to get ahold of an attorney.But it seems like it's a loosing battle , so just 🐻 with me until that day comes..☺️
I do understand she doesn’t have an attorney, Barb. Just trying to reinforce with her that she needs to get one. We said before that she needs to postpone all this until she has some sort of legal representation.
Lisa, please don’t be insulted if we direct you to an attorney. We don’t want to give you the wrong answer. We could hand out free legal advice and make guesses on what’s what until half past midnight, but unless your answers come from an attorney familiar with your case, those answers are pretty much worthless. No 2 cases are the same.
We are here to support you, for you to vent and to give out cyber hugs and keep you in our thoughts. But we just can’t give you legal direction. Only your attorney or paralegal can do that. Good luck tomorrow and keep us posted.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If you can't get a court appointed attorney, contact the local law schools and ask if there are any pro bono attorneys who could help you, for free. Or contact senior centers, find out when attorneys offer free legal advice, and meet with one of them, preferably in the area in which your mother lives.
They might have some suggestions on moving forward with the suit.
Good luck!
What issues and statutes or penal code you might consider raising turns on the nature of the suit, and how the codes relate to the allegations.
What are the basic charges (allegations), what are you asking for (i.e., money, reimbursement, etc.), and more and very specifically, what are you using the penal code references for? A pleading, responsive pleading, interrogatories? I get the impression you're answering something prepared by the opposing counsel?
I have to agree with the others; representing oneself in a civil suit is a big gamble; even if you read the statutes and court rules, you're probably "outgunned" by people who do that for a living.
I would agree that you should try to get a court appointed attorney, if you and your mother are the defendant(s).
However, if you want an "extension", depending on the level of the court, you might have to file a motion to adjourn unless the attorney for the opposite party agrees to an adjournment. Attorneys make these agreements all the time, but when a non attorney is involved, they can easily "stick it to you" just to be mean.
Lisa; Ask for an adjournment until you can get Legal Aid involved.
We are here to support you, for you to vent and to give out cyber hugs and keep you in our thoughts. But we just can’t give you legal direction. Only your attorney or paralegal can do that. Good luck tomorrow and keep us posted.