Tuesday, August 26, 2014
Administrator of Estate where there is No will and Renunciation to permit adult child to serve
Avoiding Mandatory Driver's License Suspension in a NJ Possession Case Part 1/2
Consent to Enter Judgment in Eviction Cases where Tenant to Stay and Pay Part 1/2
Defense of Assault Charge when connected to Domestic Violence
Guardianship of Incapacitated Adults
Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.read details at http://www.njlaws.com/guardianship_of_disabled_adults.htm
To do:
. Opening of file and offer client information brochures
2. Draft Verified Complaint for Guardianship
3. Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship
4. Affidavit of next of kin
5. Prepare AFFIDAVIT OF Doctor 1
6. Prepare CERTIFICATE OF Doctor 2
7. Letters to Doctors to be delivered by client
8. Prepare letter to client enclosing draft documents for client to carefully read
9. Prepare ORDER FOR HEARING
10. Contact client to request client have doctor sign affidavit
11. Attend to proposed Guardian signing complaint
12. Prepare letter to court with signed complaint and 2 doctor certificate
Defense of DWI Blood case
BLOOD TEST "REPORTS" ARE HEARSAY, WHICH MAY BE INADMISSIBLE
Blood test results, documents and papers are writings and thus hearsay. Under the evidence RULE 802. HEARSAY RULE : "Hearsay is not admissible except as provided by these rules or by other law. "
Admission of hearsay which is not admissible under any exception or other law and its use as a foundation for a conviction violates a defendant's Sixth Amendment right to confront witnesses against him. State v Long 255 NJ Super. 716, 726 (Law Div. 1993)
RULE 803. HEARSAY EXCEPTIONS NOT DEPENDENT ON DECLARANT'S UNAVAILABILITY
Detailed information at http://www.njlaws.com/handling_dwi_blood.html
Subscribe to:
Posts (Atom)