Scott Allen Scholl's Answers

Is a revocation of a Durable POA signed and notarized in Arkansas valid in Louisiana,where the POA was formed?

Your mother can revoke the POA any time she wants, from any location she wants. Your mother can revoke the POA by simply telling the agent verbally that she is revoking it (although it would still be a good idea to have a written revocation that you can provide to third parties inasmuch as they may be provided with a copy of the POA and not know that your mother told the agent that the POA was revoked. Even if the POA is not revoked, under a power of attorney, the agent (3rd child) has no...

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Is it possible for a person to have to have tort liability for both assault and battery?

Unless I miss my guess, I bet your instructor has a particular case in mind when they formulated the assignment. ;)

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If there are 3 wills, which stands up in probate? There were 3 wills written and signed by 1 couple.

It appears that Husband's Will has already been probated (well over 5 years ago), so that shouldn't be an issue anymore. So, assuming that the Will that Wife executed in 1998 was valid, then it should be the will that is probated because it is her last will.

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I used spousal privilege to not talk to CPS, now they find me neglectful, I want to appeal. Do I need a lawyer?

First off, you need an attorney. Then, to follow up on Ms. Steven's response, I'll present the "Devil's advocate" position: CPS will likely make an argument that you are not taking the safety of your daughter seriously because the level of violence in your home rose to the level that you had to pull a firearm to protect yourself and daughter from seriously bodily harm BUT now you are refusing to press charges or testify against the perpetrator of the violence. The argument will then...

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Uncontested Divorce

Either adult children or the parent to whom the support was owed could sue for support arrears, however the statute of limitations for doing so is 5 years from the child's 18th birthday --- so it is too late to collect support regardless of whether there was a support order or not. A divorce should be straightforward, as stated previously after being separated for 15 years all of your property and debts are probably separate for most purposes. There may be issues with spousal support or...

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I opened a credit card in my 4 yr old child's name. I didnt pay it and now a suit has been filed. Prior to the suit being filed,

You opened up a big can of worms by opening up the card your child's name. Get an attorney as soon as possible, and do not post anything in a public forum that anyone other than your attorney might see.

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My ex husband will not reimburse me for medical bills.

One e-mail of a copy of a letter would not be harassment (unless of course there was something particularly nasty in it), but as Ms. Orsi suggested your best course of action is likely to be to file the contempt action against him.

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Can a the non custodial parent of a closed domestics case supeona her minor child w/out providing an attorney?

A party has a right to issue subpoenas, but you may be able to file a motion to squash the subpoena. An attorney would need more facts and familiarity with your case to determine just how that motion should be framed, however. You may also wish to consider filing a motion to have an attorney ad litem appointed to represent the child, and also a motion to dismiss to be heard before the child is brought to court.

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What are the rights of a dad who is paying child support from his Social Security payments?

If the decree establishing paternity did not provide for visitation, then he should petition the court that ordered child support to order specified visitation. If the previous orders did award visitation, then he can file a motion for contempt to enforce the visitation orders.

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Can I sue the School District in Arkansas for Negligent supervision or any other reason for allowing a student to hit my child

There are a number of facts that would need to be explored before determining potential liability, such as whether there was some reason the school district knew that this student was susceptible to this kind of act but turned a blind eye, actions of both students leading up to the incident, etc.

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