It is important to remember that attorneys have no obligation to offer free consultations. Some may charge small fees for consultations, but law firms and lawyers offer free consultations primarily to attract new clients. This means the attorney is hoping to make a good impression so clients will hire him or her to handle their lawsuits. Potential clients should recognize the free consultation as the perfect time to ask several questions to determine if the attorney is right for the case. All potential clients must remember that a free consultation does not qualify as legal representation or legal advice. Legal representation starts when a client and an attorney sign a contract agreeing to representation, which may or may not happen after a consultation. During a free consultation, the potential client provides the attorney with facts about his or her situation, and the attorney interprets those facts and helps the client understand the legal implications. Questions To Ask During Your Free ConsultationIf you are thinking of taking advantage of a lawyer’s offer for a free consultation, then it is likely you have some legal matter in mind that requires professional representation. It is crucial to take the consultation process seriously, so prepare a few questions in advance. • How long have you practiced law in this area? It is important to know your attorney’s level of familiarity with the local courts and state laws that may come into play in your case. • How many cases have you handled similar to mine? You do not want to hire a medical malpractice attorney for a car accident case, so make sure the attorney you meet has experience with the specific practice area that pertains to your claim. • What type of success have you had in the past with similar cases? Your attorney will probably not offer specific details about past cases but may be able to provide you with a general understanding of the outcomes of similar cases he or she has handled in the past. • Will you settle or go to trial? The settlement value and trial value of a claim can be dramatically different. You should find a lawyer who can offer a realistic interpretation of your claim and pursue whichever avenue works more in your favor. • Do you think I can win my case? Attorneys will rarely let a winning case walk out the door, so if an attorney offers to represent you it probably means your claim has merit. Ask the attorney about his or her thoughts concerning your odds of success. Along with these general questions, you should come up with more of your own that pertain to your specific situation. Remember: a legal consultation is not the same thing as legal advice or legal representation, so make sure you are confident in your choice of attorney before signing any contracts for representation. Types of Legal FeesThe type of fee arrangement that you make with your lawyer will have a significant impact on how much you will pay for the services. Legal fees depend on several factors, including the amount of time spent on your problem; the lawyer’s ability, experience, and reputation; the novelty and difficulty of the case; the results obtained; and costs involved. There will be other factors such as the lawyer’s overhead expenses (rent, utilities, office equipment, computers, etc.) that may effect the fee charged. There are several common types of fee arrangements used by lawyers: • Consultation Fee: The lawyer may charge a fixed or hourly fee for your first meeting where you both determine whether the lawyer can assist you. Be sure to check whether you will be charged for this initial meeting. • Contingency Fees: The lawyer’s fee is based on a percentage of the amount awarded in the case. Unfortunately, these are prohibited in divorce cases. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary. A one-third fee is common. Some lawyers offer a sliding scale based on how far along the case has progressed before it is settled. Courts may set a limit on the amount of a contingency fee a lawyer can receive. This type of fee arrangement may be charged in personal injury cases, property damage cases, or other cases where a large amount of money is involved. Lawyers may also be prohibited from making contingency fee arrangements in certain kinds of cases such as criminal and child custody matters. Contingency fee arrangements are typically not available for divorce matters, if you are being sued, or if you are seeking general legal advice such as the purchase or sale of a business. • Flat Fees: A lawyer charges a specific, total fee. A flat fee is usually offered only if your case is relatively simple or routine such as a will or an uncontested divorce. • Hourly Rate: The lawyer will charge you for each hour (or portion of an hour) that the lawyer works on your case. Thus, for example, if the lawyer’s fee is $100 per hour and the lawyer works 5 hours, the fee will be $500. This is the most typical fee arrangement. Some lawyers charge different fees for different types of work (legal research versus a court appearance). In addition, lawyers working in large firms typically have different fee scales with more senior members charging higher fees than young associates or paralegals. • Referral Fee: A lawyer who refers you to another lawyer may ask for a portion of the total fee you pay for the case. Referral fees may be prohibited under applicable state codes of professional responsibility unless certain criteria are met. Just like other fees, the total fee must be reasonable and you must agree to the arrangement. Your state or local bar association may have additional information about the appropriateness of a referral fee. • Retainer Fees: The lawyer is paid a set fee, perhaps based on the lawyer’s hourly rate. You can think of a retainer as a “down payment” against which future costs are billed. The retainer is usually placed in a special account and the cost of services is deducted from that account as they accrue. Many retainer fees are non-refundable unless the fee is deemed unreasonable by a court. A retainer fee can also mean that the lawyer is “on call” to handle your legal problems over a period of time. Since this type of fee arrangement can mean several different things, be sure to have the lawyer explain the retainer fee arrangement in detail. • Statutory Fee: The fees in some cases may be set by statute or a court may set and approve a fee that you pay. These types of fees may appear in probate, bankruptcy, or other proceedings. With all types of fee arrangements you should ask what costs and other expenses are covered in the fee. Does the fee include the lawyer’s overhead and costs or are those charged separately? How will the costs for staff, such as secretaries, messengers, or paralegals be charged. In contingency fee arrangements, make sure to find out whether the lawyer calculates the fee before or after expenses. In short, a legal consultation is an initial meeting with an attorney that takes place before you make the decision on whether to hire that attorney to represent you in your particular legal matter. Further, the attorney will also use the consultation in order to determine if they can legally and competently represent you based on the information that you provided them. It is important to note that an initial legal consultation does not mean that the attorney is officially representing you or has taken on your case. Generally, in order for an attorney to legally represent you, there must be a written representation agreement signed by both you and the attorney, or you must be able to prove that through their words or actions they consented to representing you. Before consulting with an attorney you should make sure that you properly prepare for the consultation by gathering any and all documents that are relevant to your case. It is important to bring every document you have for the attorney to review, as they will be able to properly determine which documents are relevant, and which are not. Documents that you should bring with you may include any of the following: • Contracts: If your claim arose from a contract dispute, then you should bring copies of the contract and any documents explaining the contract; • Police or Accident Reports: If possible, you should bring any police or accident report that was created as a result of the incident you were involved in; • Property Deeds: If your claim involves a property dispute, you should be sure to bring a copy of the deed or any documents relating to the property, such as an oil and gas lease, etc.; • Employment Records: If you claim is an employment dispute, then you should bring all of your employment records, such as your employment contract, employment agreements, or timesheets; or • Other Documents Evidencing Damages: Other important documents to bring include any evidence of damages, such as medical records or expenses, or any warranties or letters created by the party you are trying to sue. What Will be Discussed at a Legal Consultation?As mentioned above, there are numerous different reasons why a person would seek out the counsel of an experienced attorney. Therefore, what is discussed in a legal consultation will heavily depend on your particular legal issue. However, some discussions that normally occur at a consultation include the following: • Costs: Importantly, an initial consultation will generally always include a discussion of the fees that an attorney may charge in order to represent you regarding your legal dispute. Attorney fee arrangements may be based on a contingency fee, a flat fee, or hourly fee basis. It is important to discuss an attorney’s fee arrangement during the consultation; and Will My Legal Consultation Be Confidential?Another reason to be completely honest during a legal consultation is that legal consultations will always be confidential. This means that what you discuss with an attorney will not be discussed outside the meeting room. Once again, although an initial consultation does not form an attorney-client relationship, as that is not formed until there is a signed representation agreement, everything that you communicate with an attorney during a consultation will remain privileged and confidential, as if an attorney-client privilege had formed. Thus, you should provide the attorney with all of the information you have, whether helpful or harmful, so that they may properly evaluate your case. What Kind of Questions Should I Ask During a Legal Consultation?As mentioned above, every legal consultation will depend on the particular circumstances regarding your specific legal issue. Questions that you should ask during a legal consultation may include questions regarding the attorneys’ background and qualifications, the attorneys fee arrangement, and specific questions about your case. For instance, in a divorce case, you may want to ask the attorney what their legal strategy is for obtaining child custody or alimony. Further, you may want to know if you are able to evict your spouse from the marital home, or create a separate bank account. An initial consultation is a great time to figure out whether the attorney you are discussing your case with would be helpful or the right fit for your particular case. Utah Divorce LawyersWhen you need legal help with divorce in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Divorce Lawyers Free Consultation first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Attorney For Adult Protective Services Business And Corporate Agreements Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-lawyers-free-consultation/
0 Comments
Evidence Of Grounds For Termination1. In determining whether a parent or parents have abandoned a child, it is prima facie evidence of abandonment that the parent or parents: b) have failed to communicate with the child by mail, telephone, or otherwise for six months; a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any child, due to known or substantiated abuse or neglect by the parent or parents; Consequently, modifications in child custody and parenting time are more likely to be the legalities that are adjusted when one parent questions the other’s dedication to their children. And even when parental rights are terminated, the banished parent might subsequently regain his or her rights. It’s critical to understand exactly what you’re giving up by pressing to terminate parental rights. While your life may be easier without the stress of your fellow parent’s behavior in the picture, there is the financial aspect to consider. You are also terminating their parental responsibilities, including financial child support, and the child’s right to potentially take under a parent’s will or under state intestacy laws. Termination of parental rights may be slightly easier to achieve if the request is made in the context of an adoption, where a stepparent comes in to take the place of the biological parent. There are still hoops to jump through to achieve termination of parental rights before a stepparent can adopt a child. The parent requesting termination must prove that the other parent has completely failed to contact the child, has failed to financially support the child, or has abandoned the child, or that the other parent is unknown and cannot be found All biological parents have the right to physical custody of the child, as well as the right to make important legal decisions on behalf of their child. Family law generally recognizes these parental rights regardless of the level of parental involvement in the child’s life. In addition to physical custody rights they will also have legal rights. Some examples of legal parental rights can include: • Where a child lives; • Where a child goes to school; and • Making decisions about a child’s religious upbringing. If a parent is absent from their child’s life, and then they will generally still have these parental rights. The other biological parent would need to bring a court action to terminate the absent parent’s rights if they so desired. An absent parent is often viewed as someone who has appeared to abandon their child. They may not live with the child or make an effort to see or bond with their child for several months or years. This can often leave the other parent to raise the child on their own. What Parental Duties Must Biological Parent Uphold?Under family laws, biological parents are expected to perform certain parental duties for their child. The two major duties that are generally expected from biological parents are: • Duty to Care for the Child: This includes meeting a child’s physical, mental and emotional needs, and reasonably protecting a child from outside harm or abuse; and • The Duty to Provide for the Child: This includes providing a child with basic needs such as food, shelter, medical care, education and other financial needs. An absent parent will usually not fulfill these parental duties since they will not be present in the child’s life. As such, the other biological parent may sometimes attempt to terminate the absent parent’s parental rights. In order to terminate their rights, a petition to terminate an absent parent’s parental rights will need to be filed in family court. The judge will then proceed to review the case and the circumstances and determine whether parental rights should be terminated. The other biological parent will usually be the person filing the petition with the family law court. However, in situations where the other parent is also absent or deceased, another family member, legal guardian or state agency can request that parental rights be terminated. In order to request that an absent parent’s parental rights be terminated, the petitioner must prove various points. In most cases, they must prove that the absent parent has acted in a way that does not promote the child’s best interests. Some common examples of this may include: • Abandonment of the child (this is often the most common ground for requesting termination of an absent parent’s parental rights. In most states, the biological parent must show that the absent parent has not seen or contacted the child for at least four months); • Neglecting or abusing the child; • Acting in a manner that is considered unfit to parent the child (being a drug addict or participating in illegal activities that could harm the child are examples of this); • Committing a crime; • Abusing the other biological parent (a.k.a. domestic violence; and/or • Not being the actual biological parent of the child (as proven by a DNA test). Keep in mind that most judges are hesitant to completely terminate a biological parent’s rights. Many courts will consider the termination request, but may only grant the request in circumstances that show clear abandonment or other extreme behavior by the absent parent. If a step-parent (or another individual) is trying to adopt the child, this will generally help sway a judge to grant the petition. If not, the judge may still grant a parent certain legal rights, such as implementing a new visitation schedule. If a parent’s rights have been officially terminated, then that person is no longer considered the legal parent of the child. That person will no longer have any rights to make any decisions on behalf of the child or have custody/visitation rights. That person will also not be required to pay child support, since they are no longer viewed as a parent in the eyes of the law. On top of that, the child will no longer have the right to inherit from their biological parent, who has now lost their parental rights. Grounds for involuntary termination of parental rightsUtah law clearly outlines several situations in which an involuntary termination of parental rights may occur. For example, a court could order a mother to terminate her rights if she has a child who is born and clearly experiences withdrawal due to the mother abusing a substance while pregnant. Other circumstances in which a parent may be required to terminate rights include the following: • If the parent is found to have abandoned the child, even if it is with someone else • If the parent knowingly put the child in harm’s way • If the parent fails to support the child for a certain period of time • If the parent has been convicted of a crime pertaining to the death or serious injury of a child Terminating the legal rights of an absent parent can be extremely complex and emotional. This is especially true if the absent parent cannot be located. The burden of proof generally will be on the person who is filing the petition; they must prove that the absent parent’s parental rights should be terminated and that it is in the child’s best interests. Keep in mind that the procedure and evidence needed will vary based on your state’s laws. In this situation it is important to consult with a local child custody lawyer to discuss your legal options and rights. An attorney can also help you gather information and evidence to navigate the family court process. Termination of Parental Rights LawyerWhen you need help with termination of parental rights in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Code 78A-6-508 first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Attorney For Adult Protective Services DUI License Suspension Hearing If I File Bankruptcy Will I Lose My Property? Coping With Psychological Damage After An Accident Business And Corporate Agreements Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-508/ A corporate contract is a legal agreement between two or more parties that is done voluntarily and deliberately. Contracts are mostly written but can be spoken or implied where most have to do with a sale or lease, employment, or tenancy. The main idea of the majority of contracts is a set of promises, also known as a consideration. The promises made by those involved define their obligations. Contracts and agreements are important for conducting business for all sizes of companies. In earlier decades, there were few written business contracts, and many business and personal deals were done with a handshake. If a problem arose, the two parties could take the issue to court, and a judge would hear the case even if the contract was not put into writing. While a verbal contract is still legal (except for in specific situations), most contracts are documented in written form. Contracts have become increasingly detailed these days, and every effort is made to make all possibilities and eventualities clear. Contracts are enforceable in a court of law. If one side breaches the contract, the party which has followed the contract rules is entitled to go to court for loss or damages. Usually, the non-breaching party’s remedy is money damages, which is what was due to them had the contract been followed. At times, the courts can order for the breaching party to follow their contract obligations. Contracts are a private law created by the parties in their agreement. The parties know their rights and obligations in their terms of a contract with statute limitations. Written ContractsEven if a deal is done by handshake, it’s still legally enforceable and involves an exchange of promises. Most contracts, whether written or oral, are enforceable. Though, it’s always best to have a written contract for all business endeavors. There are many reasons why a written agreement is better than an oral one: • Writing down the contract’s terms and rules forces the parties to think about what they’re agreeing to. In an oral agreement, it’s easy to change your mind. • When it’s written, parties are more likely to create a complete and thorough agreement than they would had it been agreed upon orally because it eliminates who promised what. When an agreement is not written, the parties can likely have different recollections of what happened during their agreement. • In most states, a contract for the sale of $500 or more is required in writing. • If you have your agreement in writing, it will mean fewer disputes in court about the contract terms. Who Can Enter a Contract?• Besides people who are mentally incapacitated and minors, all others are assumed to have the power to enter into a contract. • People who are a minimum of age 18 can enter a contract in most states. • Corporations can enter contracts through their employees, agents, or officers. If an employee has the capacity to enter into the contract on behalf of the corporation is determined by corporate law. • A corporation is its own legal existence from the employees, officers, or agents. Generally, these people are not responsible for debts or liabilities of the corporation. Offer and Acceptance• One party, also known as the offeror, makes a proposal, which is agreed upon by the other party, also known as the offeree, and forms a contract. • When an offer is created, the contract is not valid until the offeree accepts the offer, but don’t assume the offeree will accept this offer since contract liability is only valid on consent. • As an offeree, you cannot assume the offer will be open indefinitely. • If you are an offeree, contract arrangements should not start until notifying the offerer of your acceptance. • Generally, there’s more than one step in negotiations to create a contract since the offeree can respond with a counteroffer. • A counteroffer terminates the offeree’s legal power of acceptance. Consideration• Consideration is what one party will receive from the other party by following the contract terms. • If one party makes a promise while the other offers nothing back, the promise is unenforceable and is also known as a gratuitous promise. • Lack of consideration is a rare problem for business relationships since there is a mutual consideration for both parties. Enforceable Contracts – Valid ContractsIn addition to being clear and specific, a contract must meet certain criteria to make it legally enforceable. A legally enforceable contract is called a valid contract. Being legally enforceable means that can be used in court to support a decision on a disputed item. If a contract does not have certain essential ingredients, it is not legally enforceable. Most contracts never see a courtroom and they could easily be verbal unless there is a specific reason for the contract to be in writing. When something goes wrong, a written contract protects both parties. If one party to a valid (enforceable) contract believes the other party has broken the contract (the legal term is breached) the party being harmed can bring a lawsuit against the party who it believes has breached the contract. The legal process, or litigation, determines whether the contract has been breached or whether there are circumstances that negate the breach. The court, however, will only hear a contract dispute if the contract is valid. Essentials of Business ContractsThere are six required, essential elements for a contract to be valid (enforceable by a court). The first four, considered here together, relate to the agreement itself, and the other three relate to the parties making the contract. Offer, Acceptance, Consideration, and Mutual ConsentEvery contract must include a specific offer and acceptance of that specific offer. Both parties must consent to their free will. Neither party can be coerced or forced to sign the contract, nor must both parties agree to the same terms. Implied in these three conditions is the intent of the parties to create a binding agreement. If one or both parties are not serious, there’s no contract. There must also be consideration, something of value exchanged between the parties. The thing of value may be money or services, but both parties must give something. If someone gets something for nothing, that’s a gift, not a contract, and it’s not binding. CompetenceBoth parties must be of “sound mind” to comprehend the seriousness of the situation and understand what is required. This definition requires that neither party be minors, both must be sober (not under the influence of drugs or alcohol when signing the contract), and neither can be mentally deficient. If one party is not competent the contract is not valid and the non-competent party can disavow (ignore) the contract. Legal PurposeThe contract must be for a legal purpose. It cannot be for something illegal, like selling drugs or prostitution. Remember that it is not illegal to enter into a contract that doesn’t have all of these essential items; it just means that if an essential is missing the contract cannot be enforced by a court. When a Contract Must Be in WritingAs noted above, verbal contracts can have the force of law, but some types of contracts must be in writing, some common types of contracts that must be in writing are: • Agreements that cannot be performed within a year from the date the contract was signed • Contracts for the sale of goods exceeding $5000 • Contracts that involve the sale or transfer of land • Promised made in consideration of marriage (prenuptial agreements, for example) You can actually create a contract situation without meaning to. In this situation, you may have an implied contract. For example, let’s say a vendor sends goods to a customer and the customer accepts them without paying. The customer then uses the goods to make its products and sell them. The vendor can infer that a contract has been created, even if there was no bill because the customer used the goods in its normal course of business. The contract is implied because the parties assumed a contract existed and if the contract existed it would be unfair to one of the parties (the vendor in this case). Generally, business law refers to the rules that govern commercial interactions between persons or other certified entities. These rules can come from legislation, common law rulings, or agreements made through international conventions or treaties. Most business laws either regulate entity behavior (for example, bankruptcy and taxation), or regulate transactions between different entities. But one of the unique things about business interactions is the importance and prevalence of contractual agreements between commercial entities. This is often known as a business to business commerce agreement, or more simply, a business agreement. General business agreements can control any number of commercial interactions such as purchasing goods from a manufacturer, purchasing goods produced by others, or purchasing services from another entity. Verbal Business AgreementVerbal agreements can sometimes create legally binding contracts, but only if the proper legal elements of offer, acceptance, and consideration are present in the interaction. But there are some that by law must be in writing, which is known as falling. Contracts for the sale of real estate is one example, but more applicable to business matters require a written contract if the terms of the contract will take longer than one year to carry out or the sale of goods valued greater than $500. Even if the transaction does not violate the Statute of Frauds, it is always a good idea to create a written document for a business agreement. If one party fails to fulfill their end of the bargain, it is much easier to enforce a written agreement in civil court if the non-breaching party needs to file a lawsuit. This greatly reduces the time and money both sides will spend disputing the transaction, because an agreement may not be enforceable. When in doubt, write it out! Common Business Agreements• Ownership agreements: Can also be called partnership, founder, operating, or shareholders agreements depending on what type of entity is being formed. They detail the rights and responsibilities of owners and partners as well as basic company operation details and what happens if an owner leaves or the entity is dissolved. • Supplier agreements. These detail the terms of the relationship between one entity and another, usually the price and amount of goods. They function to prevent unwanted situations with suppliers as withdrawal or failure to provide. • Independent contractor agreements. A business may need to outsource to independent contractors, which can range from CPAs and web developers to temporary employees to perform company services. Because independent workers are not full-time employees, a written agreement is important to make sure that no complications arise in the future. • Non-disclosure agreements. Used by entities to ensure that employees or even contractors know their role and what information they can and cannot share during or after their time with the company. Benefits of Business ContractsContracts are one of the best ways to bring clarity and structure to your operation. They allow you to specify and make note of important agreements, terms, or actions. Before we dive into specific business contract examples, you should be aware of their general advantages: • Avoid misunderstandings – When you enter a business venture with another party, you want everything clearly stated in writing. The problem is that different parties may have diverting expectations, goals, timeframes, and obligations. A formal written agreement allows each party to paint a clear picture of the terms and conditions of the partnership, as well as expectations. This helps to forge lasting work arrangements built on mutual trust and understanding. • Create binding agreements – Once signed, a contract is a legally binding resolution that acknowledges both parties agreed to everything therein. If one party is derelict in their duties and fails to uphold their part of the bargain, they’re in breach of their contract, which could result in firing, legal action, or the dissolution of the partnership. • Evidence of details – The phrase “The devil is in the details” is especially pertinent for start-ups. Contracts are proof of the details that you have agreed upon with another party. This fully fleshed agreement can bind the owner(s) with investors, Owner(s) with employees and Owner(s) with third parties. Whether there are services rendered, payment obligations, or duties to be performed, all of that will be stated clearly in your various contracts. • Describes responsibility – Contracts use clear language to highlight what each party is responsible for and the expected timeframe of action. Typically, one party gives either a good or service in exchange for money. Contracts will contain sections or clauses that describe how or why the business relationships could be legally terminated or altered. Further, parts can add indemnity clauses which highlight what actions parties aren’t accountable for. • Provide a sense of security – A written contract can help both parties feel secure about their arrangement since both parties know exactly what they’re signing up for. Important points that will be covered may include: Their role and its requirements, Possible violations of the contract, Wages and benefits, Duties and responsibilities and Schedules and timelines. Written contracts provide protection on the off chance that the other party breaches their agreement. • Assured confidentiality – Non-disclosure or confidentiality agreements safeguard your business’ sensitive information. Any party that signs an NDA is legally required to keep their in-house knowledge a secret or else be held liable for violations of confidentiality. • Prevent litigation – If you don’t have a contract in place, you’re vulnerable to litigation, whether honest or malicious. If either party violates an agreement within the contract, the written agreement will be used as the framework of reference for determining fault. Having a clear and precise contract in place can help avoid being dragged into an expensive litigation process. • Serve as a record of an agreement – Your contract is often the sole source of proof that you have for entering into a business arrangement either with workers, other parties, or other businesses. Typically, it will state details regarding the agreeing parties the services or goods rendered, the payments required and the dates of work and expected completion. Business and Corporate LawyerWhen you need agreements and contracts for your business, LLC, partnership or corporation, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Business And Corporate Agreements first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Attorney For Adult Protective Services Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/business-and-corporate-agreements/ In Utah, United States, Adult Protective Services (APS) are agencies that provide protective social services to elderly adults (typically those age 60 or 65 and older) as well as vulnerable adults (typically those with serious disabilities). Adult Protective Service agencies are the adult equivalent to Child Protective Services and play a critical role in combating elder abuse or the abuse of other vulnerable adults. Such abuse can include neglect, physical abuse, sexual abuse, emotional or psychological abuse, abandonment, or financial abuse. According to the National Adult Protective Services Association (NAPSA), over the past several decades, Adult Protective Service agencies have developed from the ground up. They first emerged at the state and local levels and only recently received greater support from the federal government. Thus, the development of most Adult Protective Service agencies occurred before the benefit of federal coordination and also before the benefit of comprehensive research in the field of elder or vulnerable adult abuse, a more recent phenomenon. As of today, Adult Protective Services agencies exist in every state and are normally administered at the local or county level. Two-thirds of states place their Adult Protective Service agencies within their Department of Social Services. For the remaining states, Adult Protective Service agencies are placed within a state department on aging or health. In addition, while a few states, such as Ohio, limit Adult Protective Services only to the elderly, most states (90%) provide Adult Protective Service to vulnerable or dependent adults as well as the elderly. What Services Do Adult Protective Service Agencies Provide?Upon receiving a report of abuse involving an elderly or vulnerable adult, APS agencies typically provide the following services: Principles Guiding APS AgenciesAccording to the National Adult Protective Services Association (NAPSA, below are the main principles that guide APS agencies in the delivery of services to elder or vulnerable adults: Filing a Report with Adult Protective ServicesIf you file a report with Adult Protective Services, the details of the report will first be screened by a trained professional to determine whether Adult Protective Service has jurisdiction to move forward. If so, you can expect an APS caseworker to be assigned to investigate the case and establish a relationship with the potential victim. In some states, a caseworker is required, by law, to contact the potential victim in person within a certain number of days. Utah, for example, requires a caseworker to make such “in-person” contact immediately in cases of imminent danger or, for all other cases, within ten days. During the investigation, the caseworker will investigate the facts and, where appropriate, report any criminal activity to law enforcement. However, unlike a traditional law enforcement investigation, APS caseworkers are also specifically trained to develop a relationship of trust with the potential victim and to provide a case plan specifically tailored to the potential victim’s needs. While laws vary from state to state, some states allow for APS reports being submitted anonymously. Some states also protect the person making the report from civil and criminal liability, as long as the report was made in good faith. Such laws also protect those initiating reports from any professional disciplinary action. This is to encourage doctors or other medical professionals to report suspicions of abuse without fear of breaching any professional obligations of confidentiality or any privacy laws relating to medical records. To initiate a report of elder abuse or abuse of a vulnerable adult, contact your local Adult Protective Services office. the National Adult Protective Services Association (NAPSA) provides an APS locator on its webpage to assist in locating an office near you. Services \Rendered by APS
|
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |