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Nye Frank

The Elder Justice Act Definitions: - 0 views

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    Lee Frank was denied all victim services. The DA friend per the father of the killer helped to cover up the homicide. Brian Floyd Norco High School teacher past student and Campaign manager for the DA, and his cheif deputy when he was in the Senate.
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
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    Skip to main content Washington LawHelp Helping Low-income People Find Solutions to Civil Legal Problems Home Page > Aging / Elder Law > Guardianships & Powers of Attorney Print Close Search Need Help with Your Search? Find Legal Help On Guardianships & Powers of Attorney Related Resources Questions and Answers on Powers of Attorney This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Columbia Legal Services Alternatives to Guardianships for Adults This link opens a PDF file in a new window. If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page. By: Northwest Justice Project Questions and Answers on Guardianship By: Columbia Legal Services more... Protecting Elders and Vulnerable Adults from Abuse and Neglect by: Northwest Justice Project * Whom does the law protect from elder or vulnerable adult abuse and/or neglect? * What is elder/vulnerable adult abuse and neglect? * What is self neglect? * Who can I call if I suspect that an elder or vulnerable adult is being abused or neglected? * Who has to report abuse? * What information does APS want? * What does APS have to do once abuse or neglect of a vulnerable adult is reported? * What about a court order protecting the vulnerable adult? * What if the abuser has power of attorney for the vulnerable adult? * What about suing the abuser for damages? Whom does the law protect from elder or vulnerable adult abuse and/or neglect? The Vulnerable Adult Protection Act is a law designed to protect persons defined as "vulnerable adults." Vulnerable adults include persons who: * Are sixty years of age or older who have the functional, mental, or physical inability to care for themselves; or * Have a court appointed guardian; or * Have a developmental disability; or
Nye Frank

Fact (law) legal definition of Fact (law). Fact (law) synonyms by the Free Online Law D... - 0 views

  • A question of fact receives the same treatment in a bench (non-jury) trial as it does in a jury trial. The only difference is that in a bench trial the same person resolves both questions of law and fact because the fact finder is the judge. Nevertheless, in a bench trial, a judge may not decide material questions of fact without first affording the parties the process of a trial
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    A question of fact receives the same treatment in a bench (non jury ) traial as does in a jury trial. The only difference is that in a bench trial the same person resolves both questions of law and fact because the fact finder is the judge. Nevertheless in a bench trial, a judge may not decide material questions of fact without first affording the parties the process of a trail.
Nye Frank

FindLaw | Cases and Codes - 0 views

  • Plaintiffs Teri and Thomas Lewis, Philip Lewis's parents, filed suit in Sacramento County Superior Court against Sacramento County, the Sacramento County Sheriff's Department, and Officer Smith. The Lewises allege a deprivation of their son's Fourteenth Amendment due process rights in violation of 42 U.S.C. S 1983 and wrongful death under California state law. Defendants removed the case to federal court on the basis of federal question jurisdiction and moved for summary judgment on various grounds
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      Questions of Law
  • First, the district court assumed, without deciding, that Officer Smith had violated Lewis's constitutional rights. The court then addressed Smith's claim to qualified immunity. The court stated that plaintiffs had not presented, and it could not find, any "state or federal opinion published before May, 1990, when the alleged misconduct took place, that supports plaintiffs' view that they have a Fourteenth Amendment substantive due process right in the context of high speed police pursuits." The court therefore found that the law regarding Lewis's Fourteenth Amendment right to life and personal security was not clearly established and granted summary judgment in favor of Officer Smith on qualified immunity grounds.
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      constitutional rights
  • Because the court dismissed all federal claims, it declined to decide whether the county and the sheriff's department were also immune under California law. The court then dismissed without prejudice the state claims against the county and sheriff's department to allow plaintiffs to file those claims in state court.
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  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected right. The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989))
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    LakinChapman, LLC Nationwide www.lakinlaw.com/PracticeAreas/Nursing-Home-Neglect.asp Pioneers in nursing home abuse law 866-839-2021 Statutory Protection of Older Persons Today, all states have laws concerning the abuse, neglect or exploitation of older people, but these states may follow different approaches. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime. Adult Protective Services Typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state's adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting. Civil Actions Based on Statutes Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse
Nye Frank

EDITORIAL: County reps set the pace, lack followers : North County Times - Californian ... - 0 views

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    Top county administrators and elected officials have decided to lead by example. 06-28-2009-Perhaps that 5% loss is the money they -Elder Lee Frank a elder who husband killed in Riverside County, victim funds denied. Is that the unclaimed funds that the supervisors get after 3 years?
Nye Frank

Standing to Assert Crime Victims' Rights - 0 views

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    JUSTICE FOR ALL ACT OF 2004 The federal Justice For All Act of 2004 (PL 108-405) enhances protections for victims of federal crimes and increases federal resources available to state and local governments to combat crime. Title I of the act, the "Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act," requires courts to ensure that crime victims are afforded the rights the act prescribes. It specifies that a crime victim, his lawful representative, or the attorney for the government may assert the rights in U. S. District Court. If the requested relief is denied, the movant may petition the court of appeals for a writ of mandamus, which the appeals court must decide within 72 hours. A court's failure to afford a crime victim his rights is not grounds for a new trial, but a victim can move to reopen a plea or a sentence on that basis. The act does not authorize a cause of action for damages or create, enlarge, or imply any duty or obligation to any victim or other person for any breach by federal government officers or employees (§ 102). The act appropriates $ 7 million for fiscal year 2005 and $ 11 million each for fiscal years 2006-2009, in part, for the support of state organizations that enforce crime victims' rights and provide legal counsel and support services. The states where these organizations are located must have laws substantially equivalent to the federal law (§ 103).
Nye Frank

Adult Protective Services - General - 0 views

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    "Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi
Nye Frank

Notable Court Cases Concerning Constitutional Issues - 0 views

  • CON Argument: The constitution does not provide explicitly for Supreme Court review of state court decisions. Since it must have been foreseen by the drafters that conflicts would arise, the omission is evidence that the framers felt that such a powerful tribunal would produce evils greater than those of the occasional collisions which it would be designed to remedy. Thus, once an action is brought in state court, the federal court's sole remedy is to shift it to a lower federal court before it gets to the final court of the state, or simply to advise the high state court that they have improperly interpreted the constitution. The states are dually sovereign with the federal government, and not subject to the laws of Congress which limit their sovereignty.
  • Procedural Posture: The Virginia court, in the original case, found for Hunter The Supreme Court reversed, ordering the Virginia court to enter judgment for Martin under the authority granted by Section 25 of the Judiciary Act which gave the Supreme Court the power to review final decisions of the highest state courts rejecting claims based on federal law. The Virginia state court refused to comply with the order, claiming that Section 25 was unconstitutional, and the Supreme Court had no constitutional right to review the final decisions of the state courts. The case is again being reviewed by the Supreme Court
  • The statute prescribed how the court should decide an issue of fact, and it denied effect to a Presidential Pardon, thus violating the separation of powers.
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  • Issue: Whether the Supreme Court has jurisdiction to review state court judgments which concern federal issues, and which are not clearly based on an adequate and independent state law grounds. 5. Holding: Yes. If the state court decision does not] indicate clearly and expressly by means of a "plain statement" that it is alternatively based on bona fide separate, adequate, and independent grounds the Supreme Court has appellate jurisdiction to review the state court ruling.
Nye Frank

federal courts - 0 views

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    Providing the Context: The Federal Criminal Justice System In the United States, there are two distinct judicial systems: the federal judicial system that enforces federal laws, rules and regulations, and provides interpretations of the U.S. Constitution; and the various state and local judicial systems that enforce state laws, rules and regulations, and interprets the state constitution. The state courts have general power to decide nearly every type of case, subject only to the limitations of state law, the state's constitution, and the U.S. Constitution. In general, the state courts handle most criminal matters; the kinds of criminal violations that the general public thinks of as
Sarah Usher

I Have Help and I Become a Police Officer - 1 views

I want to follow the footsteps of my father who was a decorated police officer. Not wanting to embarrass the reputation he has diligently planted in the police force, I decided to seek the help of ...

police careers

started by Sarah Usher on 20 Jul 11 no follow-up yet
Deed Copy

I Retrieved My Mom' Lost Property Documents - 2 views

While going through my mother's land documents, I came across a property tax receipt that I was not aware of. So I decided to check this out. But I really do not know where to start searching for t...

property deed

started by Deed Copy on 25 Jul 11 no follow-up yet
Nye Frank

FindLaw | Cases and Codes - 0 views

  • To sustain a S 1983 civil rights action, a plaintiff must show "(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that [such] conduct deprived the plaintiff of a federal constitutional or statutory right." 2 Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990). Here, it is undisputed that defendants were acting under color of state law. At issue here is whether Officer Smith, the Sacramento County Sheriff's Department, or Sacramento County engaged in conduct that deprived Lewis of a federally protected righ
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  • F.2d 272 (6th Cir. 1990) (noting that the Supreme Court's reasoning in Tennessee v. Garner, 471 U.S. 1 (1985), likely "preserve[d] Fourteenth Amendment substantive due process analysis for those instances in which a free citizen is denied his or her constitutional right to life through means other than a law enforcement official's arrest, investigatory stop or other seizure"), cert. denied, 498 U.S. 851 (1990).
  • But when a law enforcement officer arbitrarily acts to deprive a person of life and personal security in the course of pursuing his official duties, constitutional due process rights may be implicated. Daniels, 474 U.S. at 331 ("The touchstone of due process is protection of the individual against arbitrary action of government."). Section 1983 "contains no state-of-mind requirement independent of that necessary to state a violation of the underlying constitutional right." Daniels, 474 U.S. at 330 . See Daniels, 474 U.S. at 330 . The underlying constitutional rights at issue here are substantive due process rights to life and liberty or personal security. In Daniels, the Supreme Court held that where an official's or government entity's conduct constitutes mere negligence, no substantive due process violation occurs. Daniels, 474 U.S. at 328 . Daniels expressly left open the question whether something less than intentional conduct such as recklessness or gross negligence would suffice "to trigger the protections of the Due Process Clause." Id. at 334 n.3. But in City of Canton v. Harris, 489 U.S. 378 (1989), the Court held that nonintentional government conduct can violate the Due Process Clause and thus lead to S 1983 liability. City of Canton held that a municipality may be liable for a failure to train its employees when such failure demonstrates "deliberate indifference to rights of persons with whom police come into contact." Id. at 388.
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  • Five circuits have addressed S 1983 liability in the context of high-speed pursuits. These circuits have applied various labels to the standard of conduct that may lead to liability. See, e.g., Fagan v. City of Vineland, 22 F.3d 1296 (3rd Cir. 1994) (en banc) (overruling previous reckless indifference standard and adopting shocks the conscience standard); Medina v. City and County of Denver, 960 F.2d 1493, 1496 (10th Cir. 1992) (reckless disregard); Temkin v. Frederick County Comm'rs, 945 F.2d 716, 723 (4th Cir. 1991) (shocks the conscience), cert. denied, 502 U.S. 1095 (1992); Roach v. City of Fredericktown, 882 F.2d 294, 297 (8th Cir. 1989) (holding gross negligence insufficient but not stating what standard should be applied); Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir. 1987) (holding gross negligence or outrageous conduct sufficient in some circumstances). 4
  • In one such due process case, we held that either "gross negligence, recklessness, or `deliberate indifference'" was sufficient to state a substantive due process violation. Wood v. Ostrander, 851 F.2d 1212, 1214 (9th Cir. 1988) ("Wood
  • I"), reh'g granted and opinion modified by, 879 F.2d 583 (9th Cir. 1989) ("Wood II"), cert. denied, 498 U.S. 938 (1990). Relying on the standard set out in Wood I, we later held that "grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable under S 1983." Fargo v. City of San Juan Bautista, 857 F.2d 638 (9th Cir. 1988). But Fargo's grossly negligent standard was explicitly based on Wood I, which was modified on rehearing and superseded by Wood II. In Wood II, we stepped back from the grossly negligent standard. We noted that an intervening Supreme Court decision, City of Canton, 489 U.S. 378 , had called into question this standard as set forth in Wood I and Fargo. Wood II, 879 F.2d at 588.
  • In Fargo, we defined gross negligence as "`more than ordinary inadvertence or inattention, but less perhaps than conscious indifference to the consequences.'" Fargo, 857 F.2d at 641 (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts S 34, at 212 (5th ed. 1984)). We also noted that an officer's state of mind is not an issue in a claim based on gross negligence, "although the contrary may be true where the claim involves recklessness." Id. at 642. Although we declined to decide whether an innocent state of mind would negate recklessness or "whether recklessness may be presumed conclusively from conduct," we did note that recklessness and deliberate indifference are equivalent in the sense that they both generally refer to conduct involving "a `conscious disregard' of public safety." Id. at 642 n.7. We also said that, "where state officials have notice of the possibility of harm, `negligence can rise to the level of deliberate indifference to or reckless disregard for' the victim." Id. (quoting Davidson v. Cannon, 474 U.S. 344, 357 (1986) (Blackmun, J., dissenting)). Because we concluded that a triable issue of fact remained as to whether the police officer's conduct might have been grossly negligent, we found it unnecessary to determine whether the officer's conduct might have risen to the more culpable standard of recklessness. Id. at 643
  • In Wood II, we redefined the standard forS 1983 substantive due process violations by police officers. As explained above, we recognized that the Supreme Court's decision in City of Canton, 489 U.S. 378 , had called into question our decisions in Wood I and Fargo that gross negligence was sufficient. Wood II, 879 F.2d at 588. Analyzing the facts in Wood under City of Canton's deliberate indifference standard, we concluded that there remained a genuine issue of material fact as to whether the police officer in Wood had been deliberately indifferent to the plaintiff's interest in her personal security. Id. at 588.
  • Wood II makes clear that, in this circuit, an officer can be held liable for a S 1983 claim if that officer's conduct is delib erately indifferent to or in reckless disregard of a person's right to life and personal security.
  • Here, plaintiffs have alleged that Officer Smith violated the Sacramento County Sheriff's Department General Order regarding pursuits ("General Order")6 by instituting and then continuing the pursuit even when a reasonable officer would have known that to do so was in reckless disregard of Lewis's and Willard's safety. A violation of police procedures is relevant to determine whether a substantive due process violation has occurred. Fargo, 857 F.2d at 642. Police procedures are designed, in part, to guide officers when they engage in conduct that poses a serious risk of harm to either a suspect or to the general public. See id.
  • The General Order requires an officer to communicate his intention to pursue a vehicle to the sheriff's department dispatch center. But defendants concede that Smith did not contact the dispatch center. The General Order requires an officer to consider whether the seriousness of the offense warrants a chase at speeds in excess of the posted limit. But here, the only apparent "offense" was the boys' refusal to stop when another officer told them to do so. The General Order requires an officer to consider whether the need for apprehension justifies the pursuit under existing conditions. Yet Smith apparently only "needed" to apprehend the boys because they refused to stop. The General Order requires an officer to consider whether the pursuit presents unreasonable hazards to life and property. But taking the facts here in the light most favorable to plaintiffs, there existed an unreasonable hazard to Lewis's and Willard's lives. The General Order also directs an officer to discontinue a pursuit when the hazards of continuing outweigh the benefits of immediate apprehension. But here, there was no apparent danger involved in permitting the boys to escape. There certainly was risk of harm to others in continuing the pursuit.
  • In City of Canton the Supreme Court held that deliberate indifference was the minimum standard of culpability necessary to maintain a S 1983 due process action against a municipality for a policy or custom of inadequate training of police officers. City of Canton, 489 U.S. at 388 . The Court reasoned that a municipality's inadequate training of its employees can only constitute a "policy or custom" when such inadequate training "evidences a `deliberate indifference' to the rights of its inhabitants." Id. at 389. But the Court also specified that the deliberate indifference standard "does not turn upon the degree of fault (if any) that a plaintiff must show to make out an underlying claim of a constitutional violation." Id. at 388 n.8. City of Canton thus did not explicitly overrule our decisions in either Wood I or Fargo because they involved claims of substantive due process violations against individual police officers.
  •  
    The Supreme Court has held that "[w]here a particular amendment `provides an explicit textual source of constitutional protection' against a particular sort of government behavior, `that Amendment, not the more generalized notion of `substantive due process,' must be the guide for analyzing these claims." Albright v. Oliver, 510 U.S. 266 , 114 S. Ct. 807, 813 (1994) (plurality opinion) (quoting Graham v. Connor, 490 U.S. 386, 395 (1989)).
Keith Sweat

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Ever since I decided to take my residence in Mandurah Real Estate, I have enjoyed the benefits that living inside a safe and beautiful neighborhood brings. I now have a very stunning and comfortabl...

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Natureswalk Au

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When I visited Natures Walk's house and land packages, I have seen the stunning home designs. Homebuyers like me have decided to live in this very nice neighbourhood that has contemporary-designed ...

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