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evilweasel posted:they're moving to lift the stay by promising to proceed only against the insurance company Yes, that's what I said. quote:meaning all that coverage will be gone and you'll still be stuck in the bankruptcy No. his policy is 100/300 so not "all that coverage will be gone" and in any case the 100 is small potatoes relative to the damage done. I want her to settle for insurance and not go after the guys assets. That's why it's good news for me. bird with big dick fucked around with this message at 02:56 on Sep 1, 2022 |
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Sep 1, 2022 02:53
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bird with big dick posted:Yes, that's what I said. I know that’s what you said but you seemed to think it was good for you, but there’s nothing positive there for you. That guy doing that just reinforces this looking like a real bankruptcy and that your case shouldn’t proceed.
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Sep 1, 2022 02:56
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evilweasel posted:but there’s nothing positive there for you. Incorrect, see my edit.
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Sep 1, 2022 03:00
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I am now committed for the long haul on learning the outcome of your case, birdo
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Sep 1, 2022 04:07
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You will, unless I die mysteriously before the court date. The bankruptcy attorney said what will probably happen is he'll dispute my proof of claim so the judge will tell us to sort it out which means maybe we get to choose between litigating it in fed or state court. If it gets delayed by the same amount as the last delay it'd mean a trial in December or January. And the result of the trial gets brought back into the BK which would likely mean it'd get forced into chapter 7 from its current chapter 13. bird with big dick fucked around with this message at 05:23 on Sep 1, 2022 |
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Sep 1, 2022 04:43
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bird with big dick posted:And the result of the trial gets brought back into the BK which would likely mean it'd get forced into chapter 7 from its current chapter 13. How does that get you your money?
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Sep 1, 2022 10:08
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I am planning on signing a power of attorney document with my father in the coming weeks. The one document that I found online is this one - https://www.washingtonlawhelp.org/f...y-documents.pdf I am thinking of adding a few additional fields such as DOB and SS number for my father and I. Is there anything else that you would recommend? From what I found online, there's not much of a standard for POA documents.
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Sep 1, 2022 12:09
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I would recommend hiring an attorney OP.
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Sep 1, 2022 12:53
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PoAs are things you 100% want to talk to a local attorney to ensure they meet your jurisdiction's requirements to be enforceable. You are getting the authority to control someone's life in some aspect (or in all aspects with a general), and you need all your ducks in a row before you do so. There are many different things that go into it. General vs special, durable vs not, etc.
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Sep 1, 2022 13:26
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How does POA work in practice? It seems a bit iffy to just trust a document. I guess being notarized would make it more trustworthy but would they actually check the notarization?
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Sep 1, 2022 13:33
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BonerGhost posted:How does that get you your money? Liquidation of assets. I don’t know if he’ll have any better options at that point but he’ll no longer be eligible for chapter 13 bird with big dick fucked around with this message at 13:44 on Sep 1, 2022 |
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Sep 1, 2022 13:39
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In my experience Banks tend to actually look at POAs and will not honor them if they are old or not done correctly
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Sep 1, 2022 14:24
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And if they're new and are done correctly! I constantly have to sue banks for not honoring POAs and letters testamentary, universally because their internal procedures don't allow them to follow the law.
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Sep 1, 2022 14:29
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It seems strange that the person is named on one page and then the signer is on a different page. I guess that's how contracts normally work, but the parties each keep a copy, sign on the same page, etc. You're supposed to bring this to a bank and they're supposed to trust that you haven't substituted your own first page with your name on it?
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Sep 1, 2022 14:38
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I mean that is a major felony .
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Sep 1, 2022 15:24
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If you're doing this just for medical reasons and your dad is in a big hospital system, check with them. You won't get anything customized or general, but legally enforceable "If I am incapacitated, X may make medical decisions for me" stock power of attorney documents are something some places will offer. The hospital doesn't want to deal with a patient with no clear decisionmaker either
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Sep 1, 2022 22:36
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Those are way more limited than poas iirc I have done one in … 8 years now
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Sep 1, 2022 22:46
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Keep in mind that a POA is invalid once the person giving you power of attorney dies. People try to keep using them to handle dad’s affairs after he does and then find out they can’t and have to scramble to get a death certificate, etc. Have a lawyer do it and make sure its a durable power of attorney or banks won’t let you use it.
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Sep 2, 2022 06:21
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Foxfire_ posted:If you're doing this just for medical reasons and your dad is in a big hospital system, check with them. You won't get anything customized or general, but legally enforceable "If I am incapacitated, X may make medical decisions for me" stock power of attorney documents are something some places will offer. The hospital doesn't want to deal with a patient with no clear decisionmaker either This is called a medical directive, I believe.
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Sep 2, 2022 06:29
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In my experience, they will often defer to a present adult child on medical decisions by default. Which can be very frustrating to the patient.
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Sep 2, 2022 13:19
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The hospitals I've had to deal with have compeltely ignored poas and a guardianship I've had. Its such a frustrating clusterfuck that I'm not agreeing to manage elder care for any of my relatives anymore. I just don't understand why an ER doc ignores my poa and guardianship. They listen to the late stage alzheimers patient instead of my directions. The elder law attorney that did them doesn't have a solution for me either  .
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Sep 2, 2022 15:44
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The solution is getting an injunction
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Sep 2, 2022 15:45
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bird with big dick posted:Good news for me, the other accident victim that had filed a lawsuit has filed to get out of the bankruptcy proceedings because they're not trying to get more than insurance limits. Another positive about this is that the defendant had less incentive to settle with me while he was staring down the barrel of a second major lawsuit. He settles with me and then maybe this second lawsuit can't be resolved, he goes to trial, and gets wiped the rest of the way out. Now he knows that if he can come to a settlement with me it's really over. I still don't think it'll settle but it seems like there's possibly some movement.
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Sep 2, 2022 15:48
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euphronius posted:The solution is getting an injunction lemme just go down to the courthouse and request a TRO while the resuscitate my family member with a DNR at 3am
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Sep 2, 2022 16:07
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I didn’t say it was particularly good solution but that’s what it is You can get emergency injunctions btw . There were tons during covid
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Sep 2, 2022 16:08
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Is it legal to physically interfere with a doctor violating a DNR?
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Sep 2, 2022 16:14
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euphronius posted:The solution is getting an injunction I can't tell if this is a troll or not but the same big hospital system has ignored both my poa and guardianship for this elder. We're in the double digits at this point and they've had multiple copies of both sets of documents delivered over the last 5 years I've been doing this. EwokEntourage posted:lemme just go down to the courthouse and request a TRO while the resuscitate my family member with a DNR at 3am It's close to this. The most recent situation was the caregiver I have hired wasn't paying attention and the elder fell off the toilet hitting their head. EMS is broken in my state so the best they do is haul to the hospital. In the ER the attending and residents take her word that she is okay and refuse to do any diagnostics. They won't accept my insistence that they evaluate for stroke and try to discharge back ASAP. They also wouldn't look into the bleeding head wound. I am not a physician but there was no way this elder could walk and had greatly decreased motion in their left side. It looked like the previous times a stroke had occurred. Azuth0667 fucked around with this message at 16:27 on Sep 2, 2022 |
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Sep 2, 2022 16:21
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I do not think a hospital would ignore an injunction Maybe !! Not legal advice . Don’t rely on me.
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Sep 2, 2022 16:23
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I'd rather be sued for violating an injunction then a wrongful death suit, which is (most likely) the reason so many of them ignore DNRs and POAs.
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Sep 2, 2022 18:09
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Can I have an attorney write me a complaint with their signature on it and then just go file it and work the case myself? A client asked me if she could do this for an ejectment action lol
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Sep 2, 2022 19:16
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Toona the Cat posted:Can I have an attorney write me a complaint with their signature on it and then just go file it and work the case myself? Semi-pro se
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Sep 2, 2022 19:22
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I was recently litigating opposite a pro se being "helped" by an attorney and had this gem of an interaction: Me: So this guy told you what to write, how to file it, who to serve it on, how to serve it, and how to set the hearing? Pro Se: Yes. Me: And that person is not your lawyer? Pro Se looks to Helping Attorney, Helping Attorney says "No," Pro Se looks to me, says "No." Me: And Helping Attorney, you really think this is not an attorney-client relationship? Helping Attorney: That would be preposterous! So I asked for all their communications in discovery. Waiting to see the dancing on the head of a pin about asserting attorney-client privilege.
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Sep 2, 2022 19:36
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Why would they even bother with that setup? Is it some play so that if things go south they can go for a redo on account of incompetence or something?
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Sep 2, 2022 19:47
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I saw My Cousin Vinnie so I already know one answer: the lawyer isn't licensed to practice in this circumstance. Or perhaps representing this client would be unethical according to the lawyer ethics rules for some reason.
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Sep 2, 2022 19:54
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That reminds me of an important legal question: is My Cousin Vinnie the best law movie? Or just top 3.
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Sep 2, 2022 19:56
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the best law movie is Dredd 
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Sep 2, 2022 19:58
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Best legal movie is probably the Murder of Laci Petersen It was on Aand E I think. That I’ve seen anyway
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Sep 2, 2022 19:59
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euphronius posted:Best legal movie is probably the Murder of Laci Petersen
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Sep 2, 2022 20:15
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The best movie that has law stuff in it is Legally Blonde
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Sep 2, 2022 20:19
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Bad Munki posted:Why would they even bother with that setup? Is it some play so that if things go south they can go for a redo on account of incompetence or something? Because she can't pay him and he's pseudo retired and wants to help without incurring malpractice liability. He's giving her just enough ammo to engage in sanctionable conduct and waste everyone else's time and money. 4D chess it is not.
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Sep 2, 2022 20:53
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