Blog

All Family Law California Law Estate Planning - Wills, Trusts, and Probate Divorce Business Legal Documents Pop Culture Custody Probate Code Child Custody COVID-19 Conservatorship King Law Firm News Lawyer Guardianship Executor Legal Codes Litigation Arizona Law Holidays Marriage Beneficiary Featured Immigration Wills Fiduciary Kentucky Law LGBT Nursing Home Neglect Realty Texas Law Trusts Undue Influence Adoption Annulment Awards Books Domestic Violence Expungement Fifth Amendment First Amendment Inflation Landlords Mergers & Acquisitions Mitigation Podcast Prenuptial Agreements Reverse Isolation Self-Incrimination Social Media Summary Dissolution Videos
elderly couple signing a prenuptial agreement before marriage

Prenuptial Agreements Break Through the Mask of Euphoria

Men and women have been celebrating Valentine’s Day since at least the 17 th century. Most people celebrate with candy, flowers, and cards. Others get down on one knee with an expensive ring in hand. If you were fortunate enough to give or receive a proposal on February 14 th, your heart is probably still aflutter with the strike of Cupid’s arrow and your everlasting love. However, behind the euphoria lies the reality of divorce. The Mask of Euphoria No one wants to believe divorce will happen to them, but even the strongest couples are in danger of growing apart. People change, fall out of love, or travel different paths than they originally intended. And when we hide from the possibility of divorce, we forget to protect ourselves—and our assets—from future turmoil. The Prenuptial Agreement Despite popular belief, you do not need to be a celebrity or multi-millionaire to draft a prenuptial agreement. A Prenuptial agreement (or prenup) is a written contract that protects each party from fraud or unfair distribution of assets. Separate vs. Community Property When considering a prenuptial agreement, you must understand the difference between separate and community property. Assets and debts accumulated prior to marriage are known as separate property. Assets and debts acquired during a marriage are considered community property. When a couple divorces, only community property is divided equally among both parties. However, separate property often becomes tangled in community property. Prenups help solidify the division between separate and community property. Key Advantages of Prenuptial Agreements Couples do not divide outstanding debts brought into the marriage. Protects the inheritance for a child from a previous marriage. Clarifies financial responsibilities—joint accounts, credit cards, retirement accounts, and household bills—and sets guidelines for gambling, stock trading, donations, tithing, and child bank accounts. Protects the assets of businesses started prior to the marriage, preventing liquidation, division, or the sale of the business. Provides financial protection if you must give up a lucrative job because of the marriage. Can ease the stress in a marriage. Avoids lengthy and costly arguments and mediations during a divorce. Key Disadvantages of Prenuptial Agreements May look like you’re not serious about the relationship, are negative about the marriage, or are planning to divorce sometime in the future. May cause animosity or lack of trust. May require you to surrender the right to inherit your spouse’s estate if they die. May not acquire the increase in the value of a spouse’s business. May not sustain the lifestyle you setup during the marriage. Should You Get a Prenup? Not all couples need a prenup, but if you have large assets going into the marriage, such as a business or a house, drafting a prenup is a sensible, rational decision. Call King Law Firm Attorneys at Law, Inc. to learn more before your I dos turn into I don’ts.

new 2024 laws to know in California, Arizona, Texas, and Kentucky

New Year, New Rules - 13 Important Laws in California, Arizona, Texas, and Kentucky to Know in 2024

Another new year has begun, which means dozens, if not hundreds, of laws have gone into effect as of January 1st, 2024. While we cannot cover all new 2024 laws in California, Arizona, Texas, and Kentucky, we will focus on a few we feel have the greatest impact on your everyday lives. California Gavin Newsom signed 890 bills into law last year. Some were relatively insignificant, while others were more impactful. For a comprehensive list, click here. California understands the importance of your health. Under AB 352, companies handling electronic health records are required to safeguard sensitive information, such as abortion, gender-affirming care, and pregnancy loss, for residents and visitors of California. Meanwhile, AB 663 enables mobile pharmacies to dispense treatment for opioid addictions in any community across the state. As California’s minimum wage rises to $16 per hour, fast food workers will see their minimum wage increase to $20 per hour thanks to AB 1228, while SB 525 raises the minimum wage for healthcare workers to $23. For anyone looking to rent an apartment, AB 12 limits the security deposit amount a landlord charges to a single month. And finally, the California Privacy Protection Agency (CPPA) will create a way for consumers to force data brokers to delete their personal information by 2026. In order to activate this resource, SB 362 requires data brokers to register with the CPPA. Arizona Several new laws in Arizona focused on bettering your finances. Prop 206 increases the minimum wage to $13.85, based on the 2021-2022 inflation rate. At the same time, a tax reform package replaces the state’s income tax scale with a 2.5% flat tax rate — a year ahead of schedule. Also, depending on the situation, one of Arizona’s new laws allows someone arrested, charged, or convicted of a crime the opportunity to request case records for that specific crime to be sealed. Texas Texas had a grueling year as it concerns the number of laws drafted and passed last year. Click here for a more comprehensive list. SB 3 will affect 70,000 businesses, which exempts them from the state’s franchise tax. The exemption will now allow for up to $2.47 million on the business’s total taxable revenue, doubling the previous exemption rate. Universities across the state may not be as excited. SB 17 bans publicly funded universities from activating Diversity, Equity, and Inclusion (DEI) initiatives. This includes creating DEI offices, hiring employees to work for DEI initiatives, and implementing DEI training as a condition of hiring or admission. Kentucky Less than a dozen laws go into effect in Kentucky. The most important involves income triggers from previous laws, which have now allowed the state income tax to drop from 4.5% to 4%. Meanwhile, electric vehicle owners must now pay $120 per year for road maintenance and upkeep. (Hybrid and electronic motorcycle owners will pay half that cost.) Learn more here.

the 5th amendment and privilege against self-incrimination

Donald Trump and 5th Amendment Protection from Self-Incrimination

No matter where you live, odds are you have heard about the indictments handed down to Donald Trump. The former president has several ongoing cases, but one in particular—the financial fraud case led by New York Attorney General Letitia James—is at the forefront of the news. This past month, Trump decided against testifying. As predicted, his supporters agree with this decision. His detractors, on the other hand, believe it proves his guilt. There is only one issue with that. Refusal to testify in your own trial does nothing to prove innocence or guilt. Nor does it permit a prosecutor or jury to question the defendant’s motives or make note of this silence as proof of guilt. It simply protects the accused from self-incrimination. The Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Privilege Against Self-Incrimination Read this statement again: “nor shall be compelled in any criminal case to be a witness against himself.” This clause derives from the maxim, “nemo tenetur seipsum accusare,” or “No man is bound to accuse himself.” In other words, a defendant is not obligated to help the prosecution (or the court, state, or federal government) prove its case against him. Under certain contexts, individuals can manipulate and construe words to have a different meaning. The founders included this clause to protect the accused from words being used against them. Because Trump adamantly believes the trial is nothing but a witch hunt, his refusal most likely means he felt he might somehow be entrapped by the state into saying something that could be misrepresented as guilt. Self-Incrimination and Pleading the Fifth Your fifth amendment protection from self-incrimination is often referred to as pleading the fifth. Television shows and films have use this term frequently. However, unlike a lot of those fictionalized trials, any defendant who takes the stand during a criminal trial in real life waives their right to invoke the fifth amendment. This is another reason why Trump refused to testify. The only way to invoke his fifth amendment right and “plead the fifth” was not taking the stand. Otherwise, he would have opened the door to an interrogation the court could use against him. Exceptions from The Fifth Amendment The Supreme Court has debated multiple levels of the fifh amendment over the last hundred years. Because of this, they have excluded several incidents from its definition. Self-incrimination is a personal matter. No business or corporation can plead the fifth. Evidence considered non-testimonial, such as getting fingerprinted, providing a handwriting test, or having DNA swabbed or drawn, is not protected under the fifth amendment. The fifth amendment does not negate voluntary statements made by the accused or a witness, either before or after being charged. Whether you like the former president or not, Trump has a constitutional right to refuse to testify against himself. As do you. If you have been criminally charged for any reason, contact King Law Firm Attorneys at Law, Inc. for help in protecting your right during trial.

child custody jurisdiction

Child Custody Jurisdiction—5 Things You Need to Know

John and Mary got a divorce and filed a custody arrangement. Now, Mary wants to move to a new state and take her child with her. She files a petition for custody modification in her new state. Unfortunately, the court denies her request because the state does not have jurisdiction. Child custody isn’t just about filing paperwork, explaining your case to the judge, and receiving a judgement. You must also have jurisdiction. What does that mean? Here are five important details you should know when dealing with child custody jurisdiction. 1. Jurisdiction—A Definition Jurisdiction grants a court the right to exercise their authority and apply the law. In other words, it’s the right of the court to hear and decide your case. 2. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) For the court to hear and consider child custody or visitation rights, a state must first have jurisdiction over the child. So, what state has jurisdiction? To provide blanket enforcement rules across the nation, the National Conference of Commissioners on Uniform State Laws drafted the UCCJEA. It clarifies that the child’s home state, or the state in which the child has lived for six continuous months, holds jurisdiction over the child. The act also includes uniform procedures for the registration and enforcement of custody orders across state lines. The UCCJEA was drafted in part to keep parents from shopping for a more favorable court. Massachusetts is the only state (including the territories of D.C., Guam, Puerto Rico, and the Virgin Islands) that has not adopted the UCCJEA. 3. Continuing Jurisdiction Once custody has been heard and decided in court, that state maintains continuing and exclusive jurisdiction over the child up and until significant connection to the state changes or dissolves, or neither parent lives in that state any longer. 4. UCCJEA Exceptions Exceptions to the UCCJEA include: When a child hasn’t lived in a state for six consecutive months. Jurisdiction then falls to the state where the child has lived the longest and to which the child has significant connections (i.e. family and friends). A court outside of the child’s home state files a temporary emergency order due to child abuse or domestic violence. Adoption, juvenile delinquency, emancipation, or emergency medical care. When a parent or guardian has sole legal and physical custody. If foreign custody orders have not been adopted and recognized by the U.S. 5. Kidnapping and Child Abduction Moving to another state without having sole legal and physical custody, or having a custody arrangement to do so, could be deemed by state law as kidnapping. However, if the parent files for an emergency order in another state, the laws behind the definition of kidnapping become grayer. In the same vein, moving to another country without an official custody order could constitute international child abduction. To avoid these issues, consult an attorney who understands the UCCJEA before removing a child from their home state.

anti-isolation restraining order elder and dependent adult abuse

Anti-Isolation Restraining Orders and the Impact on Elders and Dependent Adults

In 1982, California passed the Elder Abuse and Dependent Adult Civil Protection Act and became one of the first states to protect elderly and dependent adults from criminal abuse (physical, mental, and financial), abandonment, abduction, and neglect. Further private civil measures applied to the act in 1991 helped mitigate elder abuse. But by how much? According to the U.S. Department of Justice, 1 in 10 adults over the age of 65 suffer from at least one type of abuse that often goes unnoticed. Fear of retaliation or lack of mental capacity are key reasons why 1 out of 24 cases goes unreported according to the World Health Organization (WHO). More could still be done. Which is why Governor Gavin Newsom signed Assembly Bill (AB) 1243 into law in August of 2022, adding anti-isolation measures to the Elder Abuse Act. What is AB 1243? The rise of the COVID lockdowns made it clear that isolation was a danger to the mental, and sometimes physical, health of elder adults and dependents. When isolated from family, friends, and community, abuse of all forms could go unchecked. In some cases, it could expand and flourish without repercussions. Isolation itself may even be a way for a caregiver to cover up different types of abuse. There was a limited number of parties who could petition for protection from isolation by a caregiver prior to signing AB 1243 into law. Once the law went into effect in January 2023, family members or friends were given the right to petition against forced isolation with an anti-isolation restraining order. What is an isolation? Isolation, as defined under AB 1243, is the recurring act of keeping a vulnerable adult from contact with a particular person, including phone calls, online communication, and in-person contact. What is the impact of anti-isolation restraining orders? You no longer have to be a conservator, trustee, or attorney-in-fact to file for anti-isolation restraining orders. Anyone with an interest in the party in question can petition to enjoin the abuser from isolating the elder or dependent adult from them. Any petitioner must prove a pre-existing relationship to the elder or dependent adult — how they are related or the amount of time they spend with them. They must also prove that the interested party has been forcefully kept from seeing or communicating with the elder in question. In other words, the petitioner must prove the isolation is not due to the elder refusing to see the petitioner by their own recognizance. Because this is often hard to determine due to the elder or dependent adult’s mental state, the court is obliged to use all means to determine the validity behind all claims made. Be aware that AB 1243 does not apply to anyone who currently resides in a long-term care facility or healthcare facility. If someone you care for is being isolated against their will, it may be time to take action. Call us for a consultation today.

inflation affects you dollar decreases

How Is Inflation Affecting You (and Your Business)?

Inflation. Yeah, we all feel it. From the gas station to the grocery store, everywhere we go, everything we pay for, rising costs hit us over and over like a school yard bully. Not all industries are affected the same, but all feel the weight of inflation in cash flow, supply-chains, profitability, and most importantly, purchasing power. But how much does inflation affect us? Inflation — or the rate at which prices increase over time in relation to the amount of currency in circulation — affects everyone differently depending on the industry and our buying habits. To put it in its most basic terms: if a dollar could buy one dollar worth of goods and services yesterday, today it only buys ninety cents worth of goods and services. So, what happens when the rate of Inflation rises? Businesses raise costs or reduce the size of its products Businesses need to make profits to survive. As the cost of raw materials, import and export rates, and overhead rise, businesses must offset this cost to maintain that profitability. One way they do this is pass the cost on to us (also called “cost-push” inflation). That’s why we see prices go up, either directly through price points or indirectly through reduction of the amount of product sold. Businesses reduce staff or close. Other ways businesses maintain profits is by removing poorly selling goods or reducing staff. When high inflation first begins, workers may see a rise in wages. However, if the inflation rate continues to rise, paying employees becomes a burden, leading to reduced hours and layoffs. When prices get too high, and profits dwindle or become non-existent, there is no other recourse than to close their doors. Interest rates rise The main tool to fight inflation is higher interest rates because it makes borrowing money more expensive. Though this helps in reducing the value of old debt, we are less willing to use credit or make big ticket purchases when interest rates are too high. This leads to — Buying less goods and services We all prioritize our essential needs over what we want. As our purchasing power dwindles, purchasing that new car, buying that new couch, or spending the same amount on Christmas gifts may not be in the cards. We also look harder for sales and buy in smaller quantities to make ends meet. We choose to do it ourselves Non-essential services, such as hiring a housecleaner or paying for an attorney, are set aside in favor of doing it ourselves. The extra expense just isn’t necessary in most cases. Overall behavior changes In the end, as the rate of inflation rises, all of us change or habits and behavior. Though loyalty plays a big part, most of us would rather spend $50 on three days of meals than one meal at a restaurant; businesses would rather diversify their vendors than rely on just one; and restructuring priorities and processes becomes a priority.

mediation in wga sag aftra writers actors strike hollywood

Mediation Needed in the Hollywood Strike

Hollywood has been at a near standstill since July 13 when the Screen Actors Guild/American Federation of Television and Radio Artists (SAG/AFTRA) union joined the Writers Guild of America (WGA) on the picket lines. You may recall that members of the WGA originally went on strike against the Alliance of Motion Picture and Television Producers (AMPTP) on May 2, when negotiations over working conditions on streaming productions, compensation, better insurance coverage and residuals for union members, and protections against the use of A.I. failed. Most recently, the AMPTP brought forth a compromise, one they believed was fair but which the WGA felt had far too many loopholes, omissions, and limitations. They believed the meeting was not setup in good faith and was only conducted to push the union to cave. It’s nearly four months in, and neither side is willing to compromise. This is the perfect time for mediation. Why meditation? Mediation is effective in its ability to resolve disputes. By merging ideas through an independent third party, both sides can be heard and work together to find a respectable resolution. Benefits of mediation Save time. Mediation can often be handled in hours, if not days. Many people and businesses that are not part of these unions, such as food services, equipment rentals, artists, hair stylists, lighting technicians, and camera operators to name a few, are also being adversely affected by these strikes. Mediation could help bring a swift end to a strike that has no end in sight. Improve communication. Mediators are not there to decide right from wrong. They are trained to find a solution that benefits both sides. With the WGA and the AMPTP, one side seems to be looking to gain all benefits without giving any to the other side. Choosing mediation would allow a mediator to facilitate an honest discussion and weed through all the noise, avoiding a win-lose or lose-lose situation. Agreements that close legal loopholes. A mediator can help guarantee there are no legal loopholes or omissions during negotiations, helping both parties feel they are being protected. Preserve working relationships. Negotiations can lead to sour grapes between people and businesses that were once cordial and friendly. Mediation helps both parties come away from a contentious negotiation with renewed respect for one another. In the case of the WGA, SAG/AFTRA, and the AMPTP, this could help create a path forward for good faith contract negotiations moving forward. Why haven’t they already tried mediation? If one side isn’t willing to reach a compromise, there really is no point. And no person or business can be forced into mediation. So, unless the WGA and AMPTP both agree to find a compromise, mediation wouldn’t work properly. However, with a near 75% success rate, the WGA, SAG/AFTRA, and the AMPTP would gain substantial ground in their negotiations by agreeing that mediation was the best path forward to getting everyone, union and otherwise, back to work.

timeshares in divorce and probate - liability or asset

Timeshares in Divorce or Probate - Take Them or Leave Them?

Most of us have strong opinions when it comes to timeshares. Many see plenty of benefits in becoming a partial owner in a vacation property they can use without the headaches that come with owning his or her own property. However, others only see timeshares as a waste of money. So, what happens during divorce or probate when a timeshare is involved? Is it an asset or a liability? Timeshares and Divorce Once a timeshare is purchased under a Shared Deeded Contract, wherein each owner retains the right to transfer ownership of their shares by selling, gifting, or willing them to someone else, often in perpetuity, the timeshare becomes a real asset. This means it must be divided equally among both parties in a divorce. If both parties want to keep the timeshare, whether as a financial or sentimental asset, it’s recommended to share custody of the timeshare, so long as the divorce is amicable. Just make sure all conditions for payments, usage, and what happens if one spouse breaks the agreement, are set in writing, In the case only one spouse wants to keep the timeshare, it is up to them to provide the other spouse something of equal value, which can be difficult to assess due to the fees involved and inevitable depreciation. And what if neither spouse wants it? Then it’s time to sell the timeshare and split the proceeds. Just be wary of resale scams and other fees that come with selling to a broker or private buyer. Timeshares and Probate What many timeshare salespeople fail to mention (or gloss over) during their presentations are the continual costs involved in owning a timeshare. From maintenance and HOA fees to property taxes, insurance, management, and landscaping fees, owners can pay up to thousands of dollars a year even past their death. Because of this, timeshares quickly becomes a financial burden to heirs that may not even want it to begin with. What can you do before probate to get around this? Add a joint owner so ownership is automatically transferred to the other owner. Create a beneficiary deed with the name of the owner upon your passing. Change the title on the timeshare to a trust. Sell the timeshare. If the timeshare does pass into probate, the owner’s heirs must continue to pay the fees. If they fail to do so, the timeshare company can foreclose on the property and satisfy any debts from the probate assets. And what happens if the timeshare is in another state? The inheritance would then be forced to go through an ancillary probate, governed by the state in which the timeshare resides. This costs even more in filing and lawyer fees. In summary, timeshares may be a beneficial option for vacation consistency, but more often than not becomes a liability during divorce or probate. Take it or leave it, your choices will have consequences in perpetuity.

confidential marriage license

Confidential Marriage – A California Benefit

The act of marriage, as depicted across many different mediums, is a large gathering of friends and family coming together to celebrate the special union of two people. It’s a very public broadcast of the undying love a couple has for one another. But what if you wanted to keep this union private? Eloping would remove the public spectacle of it all, but you would still need to sign and file a public marriage license with the county clerk’s office. Anyone could still find out about the marriage. The only true way to hide your marriage from prying eyes is to secure a confidential marriage in California. The History Behind the Confidential Marriage Always the trendsetter, California is the only state in the union that offers confidential marriage licenses. Confidential marriage was originally setup in 1878 for couples who lived in remote, rural areas with no access to a church or courthouse. Anyone living together out of wedlock could now be respected in community while protecting their privacy and adding legal protections for inheritance and property rights. The Advantages of a Confidential Marriage The number one advantage of a confidential marriage is privacy. Unlike a public marriage license, a confidential marriage license can only be accessed by the couple unless the person requesting it has a court order. This protects sensitive information, such as full names and places of birth, and keeps it hidden from telemarketers, spammers, and identity thieves. The confidential marriage itself can also remain private. You do not need any witnesses and the ceremony can be done immediately without having to wade through enormous amounts of bureaucratic red tape. No one has to know you got married unless you want them to know. Finally, you do not need an ordained minister or licensed county clerk to administer the license. All you need is a notary public with special authorization to issue, sign, and file confidential marriage licenses. They can even perform the ceremony in your living room. How Do I Qualify for a Confidential Marriage License? The only thing you must do to qualify for a confidential marriage license is to swear that you and your potential spouse are living together. You do not need to offer proof of your claim, nor is there a set minimum amount of time. Possible Abuse Though it’s a perfect solution for celebrities and public figures, confidential marriage licenses can be easily abused. In fact, California almost rescinded confidential marriages in the 1980s, due in part to rampant abuse by polygamists, minors, and those claiming false social security benefits. Major abuse can also happen in the elder community. Predators seek out vulnerable, wealthy seniors and convince them to get a confidential marriage. Because they’re now legally married, the predator can lay claim to the estate without anyone else in the family knowing about it. Regardless, in a political climate where identity theft is as easy as a few keystrokes, the pros of a confidential marriage license far outweigh the cons.

lawyer discussing conservatorship case with clients

5 Reasons to Hire an Attorney in a Conservatorship

Conservatorships are the best way to protect a loved one when they become physically or mentally incapacitated. In other words, a conservatorship allows you to take control over another person’s finances, health, and well-being when they are incapable of doing it themselves, or when doing it themselves would cause them harm. However, conservatorships can also be problematic or vehemently contested. Some may fight to keep you from becoming a conservator, and at other times, conservators can abuse the fiduciary duties of the conservatorship for personal gain. Whatever the case, finding a knowledgeable attorney who can help navigate these issues may become necessary. But when do you know when to hire an attorney? When the Process Becomes Too Overwhelming Becoming a conservator, or fighting to end one, can be a stressful endeavor. Applying for conservatorship is a multi-step process that involves mountains of paperwork, court hearings, and investigations. One misstep and it could mean denial or having to start over. Finding an attorney who specializes in the conservatorships can help guide you through the entire process. When Filing a Petition for Conservatorship and Delivering the Citation Petitions (a motion to apply for conservatorship) and citations (notifications to all interested parties) are both critical components in applying for conservatorship. However, both the petition and citation must be filed by a neutral third party. Instead of asking your friend to file and deliver these documents, hire an attorney who understands the nuances of the petition and can create and deliver a legally enforceable citation. When the Conservatee is Assigned One by the Judge Before a conservatorship is granted, a judge may choose to speak to the conservatee. At any point the judge believes the conservatee needs a lawyer, they will appoint one for them. Hiring an attorney before the conservatee is asked to appear will provide better protection for their future interests. When a Conservator Abuses Their Fiduciary Duties If you are a conservatee and believe your conservator is exploiting their authority for personal gain, or acting in a way that is not in your best interest, you may want to contest the conservatorship. Whether that means ending the conservatorship or simply appointing a new conservator, an attorney can help you file the necessary paperwork, send out proper notices to interested parties, and aid in court hearings. When a Conservator Oversteps Their Authority Having a limited conservatorship means the conservator may only have authority over one aspect of a person’s life. If the conservator begins to control things that are not a part of the limited conservatorship, an attorney can help the conservatee regain the authority over aspects they can manage on their own. You may also seek advice if a conservator refuses to relinquish authority after a temporary conservatorship expires. We all want to believe we can handle these personal situations alone. But knowing when to hire an experienced attorney to navigate the rough, emotional waters of conservatorship may be the best thing you can do for you or your loved one.

elderly senior woman sitting alone in wheelchair nursing home neglect

Nursing Home Neglect – What You Should Do If It Happens

Caring for an older adult, especially one with extensive care needs, can be time consuming and stressful. It’s why many people choose to place elderly parents or grandparents in nursing homes where they can be professionally cared for. But what happens when you find out the nursing home you’ve chosen begins to neglect your loved ones? What is nursing home neglect? Nursing home neglect is a form of elder abuse toward those living in a nursing home. When it happens, residents suffer due to poor care, ignorance, carelessness, or mistreatment. This can include failure to treat injuries or contact a doctor when needed; forgetting to regularly bath someone or change bed sheets; depriving someone of food and water; or providing someone with the wrong medications. This type of abuse happens more often than you might think. The National Center on Elder Abuse (NCEA) reports that about 95% of nursing home residents have either been neglected or have witnessed neglect and according to the World Health Organization, 12% of employees have admitted to neglecting residents. The U.S. Department of Justice also reports that 57 cases of neglect go unreported for every one case that is reported. What causes nursing home neglect? The main reason for neglect stems from being understaffed. This leads to overwhelmed staff members, high levels of stress, avoidable mistakes, and burnout. Another reason is inadequate training or hiring processes, both of which may occur when a nursing home rushes to fill positions without doing proper background checks or certification screenings. How do I know if neglect is happening? Malnutrition or dehydration (leading to weight or hair loss, irritability, or papery skin). Untreated health issues, such as bed sores, infections, and broken bones. Dirty appearance, soiled clothes, and other hygiene issues. Isolation, depression, or anxiety. Loss of mobility. Pests, mold, or other signs of an unkept residence. Wandering away from the facility. What can I do to prevent nursing home neglect? First and foremost, immediately report neglect to the authorities. Failure to report neglect could lead to other forms of elder abuse, permanent disability, and death. In many states, waiting too long can also keep you from seeking legal justice due to statutes of limitations. Some authorities to contact include: Police – Can remove residents and conduct investigations into alleged neglect. Adult Protective Services (APS) – Can conduct welfare checks and investigate non-urgent reports of neglect. Long-term care ombudsman – Can address your concerns and investigate signs of neglect on your behalf. Finally, you’ll want to contact a nursing home abuse lawyer, who will help pursue compensation for medical treatments and therapy in relation to neglect. Other things you can do to prevent neglect is making regular calls and visits to the nursing home, watching for signs of neglect, and document everything, no matter how small or inconsequential. Most importantly, always believe your loved one when they talk about being neglected. Just because a nursing home looks good on paper, doesn’t mean it is, or that it will degrade in the future.

female legal professionals king law firm attorneys at law inc powerful litigation team

King Law Firm Attorney at Law, Inc.'s Powerful Litigation Team

In our last blog, we provided some new insight into King Law Firm Attorneys at Law, Inc.’s litigation attorney, Rachel King. But no matter how dedicated and driven she is to protecting the rights of her clients, she cannot do it alone. That’s why she has built a powerful team of like-minded, female legal professionals to help her be the fiercest advocate she can be, both in and outside of the courtroom. It begins with a team of female legal professionals Rachel has had male colleagues in the past, but she prefers to surround herself with strong, professional women. There is an inherent sense of peace and understanding that occasionally gets disrupted when men have been a part of her team. She’s also found that co-ed offices tend to be less family-oriented, causing an imbalance in work-life balance that comes with an all-female team. Her team members agree — an all-female firm has a much more caring and uplifting atmosphere. There is an air of support in and out of the office that isn’t normally found in other firms and being part of an all-female firm helps get their voices heard and empowers them in ways that a co-ed or male-dominated firm sometimes will not allow. There is a lot of estrogen, though, which could potentially lead to a lot of pent-up drama exploding at any moment. Luckily, that hasn’t happened yet. The Lone Lawyer As of this writing, Rachel is the sole litigation attorney on staff, which means she is the only person who can provide legal advice, appear in front of a judge on behalf of the client, and prepare legal strategy for each case. She would love to have a partner to help relieve some of the stress that comes with litigation, however, finding someone who has the same dedication, work ethic, and loyalty to their clients as she does is like finding an obscure term in a sea of law books. The Paralegal Trio That’s why she surrounds herself with the best paralegals. Senior Paralegal Megan Adams has been a paralegal for five years (and loves—LOVES— her caffeine); Ashton Taylor, along with being a huge San Diego Padres fan and true crime junkie, has 14 years of experience in the legal field; and French-speaking Melissa Burke has been working in the law field for a year and a half. Together, this brilliant trio of certified paralegals are integral to providing superior representation. From drafting documents to gathering detailed facts and stories from every client, the team is able to get to the root of every issue with unparalleled resolve. Along with the team’s transparent client liaison, Gloria Zahn — a natural in communicating with clients to keep them up-to-date and informed of their cases — this team of female legal professionals at King Law Firm Attorneys at Law, Inc. fully support Rachel’s main goal of helping everyone, employee and client, grow and become better versions of themselves.

Contact Us

Fill out this form below and we'll contact you shortly
*Required Fields