Marie Nancy Sapienza’s Answers

A power of attorney is a relatively simple document that an attorney should be able to prepare for you quickly. I do not recommend using forms that you find on the internet or in office supply stores as they may not meet the needs of your particular situation. My office is located in Hampstead, NH and is available to assist you. 603-329-5200.

Normal? Yes. She will have to pay all costs one way or another. Either as they incur, which is less common, or at the conclusion of the case deducted from any award or settlement amount. If the attorney wants the costs paid up front, it is possible that the attorney doesn't think she has a great case and doesn't to lose money by taking on the case.

First things first. Assuming you do not have any ownership of the property at issue, if your mom suffers from dimentia, she's likely unable to direct the course of legal representation affecting property that she owns or owned. You (or some person) would have to seek a guardianship of her and/or her estate so that someone may legally take actions that are in her best interest. This is done through probate court. If she has periods of lucidity, she may be able to pursue litigation...

The closing agent, whether an attorney or a title company, must issue the check in the sellers name. As an alternative, it would be ok if on the settlement statement the seller is listed as "mom's name, daughter's name as attorney in fact" with the check written out the the same way. Remember your role in this is only as a POA. You have no indivual tax burden for conducting your mother's business in a closing. The proceeds from the sale will be considered an asset of your mother's when...

My office is located in Hampstead, very near to Salem, and is available to assist in this type of matter. We can be reached at 603-329-5200.

Go to court first thing tomorrow morning and file in Ex Parte motion asking the Court to find your child support is current and to cancel the capias. Attach proof of payment to your motion. The clerk will be able to help you with the procedure of filing. In your motion you should explain the urgency of the matter and the irreparable harm that could result if the relief you requested is not granted. The judge may wish to speak with you but it's more likely that you will get a ruling on the...

First, there is a specific place on the Uniform Support Order for the judge to enter the start date of a child support order. It can be as early as the date you filed your petition for child support. Check there to see what, if anything, the judge wrote. Typically a judge will include any verbal orders in the written order. An omission of a verbal "order" from the written order should have been immediately followed up with a motion for clarification, reminding the judge that she/he...

First, no matter what you write on paper, you can still be sued. The question is more one of how you limit your liability. The easiest way to limit your liability is to hire an insured roofer. You are assuming a certain amount of risk by hiring one who is not insured. Are you able to hire this uninsured roofer through a company that has few assets, instead of in your personal name? That would be another way to limit your exposure. However, in terms of a writing, you could have him...

It sounds like you have opened your home and training time to very nice dog. Unfortunately, having the dog on the premises violates the terms of your agreement, whether the lease is expired or not. It still serves as your agreement with the landlord. There's no way to know if this provides grounds for you to be evicted without knowing all the terms of the lease. For example, does the lease allow for immediate eviction if there is an infraction, or does it give you a certain amount of days...

You have a few options. If the advise you received was from an attorney who carries liability insurance and it truly was very bad advise that caused you financial loss, you may have a case against the attorney. Whether the advise came from an attorney or not, it is possible, in some circumstances to make changes to a decree. Re-filing for a divorce that has already been granted will not be allowed. You may renegotiate if the other party consents. Otherwise, there are a few instances in...