Skip to main content
Daphne Lori Macklin

Daphne Macklin’s Answers

739 total


  • I live in California. I am moving ending a lease two months early for a job promotion. My landlord wants me to pay August rent.

    My landlord has rented the apartment for August for 700 dollars more. Am I obligated to pay August rent since he has rented it.

    Daphne’s Answer

    I gather you are moving at the end of July and surrendering the property on or before August 1, 2013. While there is an argument that you do not have to pay the August rent, especially if the owner has re-rented at a higher rate, I would try to negotiate the terms of a settlement of some type. You are technically breaking the lease, but based on what you have written the owner will be made more than whole given the new tenant.

    I recommend trying to discuss this issue with the owner, If he is unwilling to change his/her position, advise that you are surrendering the security deposit for the August rent. Also review the attached link. Good luck with this.

    See question 
  • Can my autistic child have the school district provide an in-home program?

    Without going into detail, the class is a mixed bag of skills, behavior, etc. and my child needs specialized attention and is very delayed.

    Daphne’s Answer

    Not only do you need an IEP as was recommended, but you should also contact Disability Rights California. This agency provides advice and counsel and has excellent materials that can help the parents of children with profound disabilities learn what their rights are to provide their child with an appropriate education.

    See question 
  • How much authority does a conservator have on the conservatee?

    My dementia friend was taken to a hospital. The facility where he was living at does not know where he is, the hospital where he was at says he is not there. The conservator has not returned calls from anyone including the facility. At this po...

    Daphne’s Answer

    • Selected as best answer

    Review the attached link to get a better understanding of the rights and obligations of a court-appointed probate conservator in California. If you are concerned that your friend is missing, you may need to contact local law enforcement. A conservator must inform the court about any substantial changes involving the conservatee. As a friend, you may also petition the Probate Court if you are concerned about your friend's well-being.

    See question 
  • Is a third party private citizen legally obligated to report a health worker for a suspected HIPPA violation

    For example health care worker takes patient files home to work on them. a third party ( non healthcare worker ) sees open files, with full patient details, laying out in plain sight. Is that individual legally obligated to report it?

    Daphne’s Answer

    There is no legal obligation on the part of a private party (non-medical provider) to report a HIPAA violation. On the other hand, you may wish to consider warning the person working on the files that the information is open and in plain sight, as a courtesy. If this is conduct is something that you have observed repeatedly, you may want to contact the worker's employer and encourage them to reinforce HIPAA rule compliance by all of their staff members.

    See question 
  • Just because I'm on probation and I get stopped for loud exhaust, then they want to search my vehicle do I have to let them?

    On probation and I do I have to do whatever police say, or have to let them searchy vehicle for no apparent reason?

    Daphne’s Answer

    First, you need to understand something very basic about being on probation: you have either been convicted of or you have agreed to be sentenced by a judge for engaging in some type of criminal conduct. Probation is not a right. Probation is a privilege and when you were granted probation, the judge read to you the terms of your probation and you reviewed those with your probation officer. The key aspect of any release on probation is the fact that you are subject to the same type of scrutiny, including unannounced searches as if you were actually in a custodial (read jail) setting.

    So the answer is "yes", if you are driving a vehicle (also a privilege) and you are stopped by the police and you are on probation, unlike a person who is not on probation or parole, you must allow the search. Discuss this issue with your criminal attorney if you believe the stop was unwarranted. If you are going to drive, make sure that you know what is in the vehicle, that it is in good working order and that all licenses and fees have been paid.

    See question 
  • What is the fastest way to get my daughter back? i have physical custody of her.

    i am 34 weeks pregnant and her father was only suppose to have her for his 3 weeks. he was aware before taking her that i would have my good friend fly out to hawaii to get her back since he didn't like my offer for me purchasing his ticket and re...

    Daphne’s Answer

    You need to immediately contact a family law attorney. The events you described are consistent with possibly parental kidnapping. You need to work with an attorney to arrange the return of the child possibly through the involvement of law enforcement.

    See question 
  • Is there an example form that I can look at for form sc140?

    I want to appeal an unlawful detainer, I need to make sure I have the correct form (sc140) and also need an example form.

    Daphne’s Answer

    To answer your question, I reviewed the SC 140 or Small Claims 140 form which is an appeal of a Small Claims Court case. Unlawful detainer matters are actually Superior Court cases so I am not certain without more information if this is the correct form for you to use. I recommend that you contact the self-help resource at your local Superior Court. Also review the attached link.

    See question 
  • How do i get guardianship over my 16 year old sister whom lives with my aunt who currently has guardianship over her

    Our mom is dead and we do not know her father

    Daphne’s Answer

    If there is a guardianship currently in place, what is the reason for wanting another guardianship? Is there a problem with the current guardian? You need to answer these questions as it can be very challenging to have a guardianship that is in place revoked or transferred to another person. I recommend that you consult with a family law or probate attorney to determine whether a challenge to the guardianship is appropriate or whether some adjustments may be negotiated as the guardianship will end when your sister turns 18.

    See question 
  • What is Permanent and Stationary?

    I have a case open with carpal tunnel in both hands, my case was open in 4/27/2012, however my doctor recommended that I be Permanent and Stationary. My surgery has been postponed due to my diabetes. Is this a good or bad thing "Permanent and Stat...

    Daphne’s Answer

    My first strong recommendation is that you at least consult with a labor law attorney. If you are a public employee and are part of a union, you may want to speak with your business agent to see if there is a workers' compensation attorney that you may be able to consult with to determine if you have a claim. As for your question the term "permanent and stationary" is a term of art in the workers' compensation field that describes a person as having reached a maximum level of medical improvement and physical functionality after suffering a work-related injury and undergoing treatment and rehabilitative therapies for that condition.

    See question 
  • What are my rights when accused of sexual harassment.

    I was hired by a gov. contracting comp. that provides Instructors for the US Army. i was notified by a text message, that CID wanted to talk to me. i waited for CID never showed up. I was then told that they pushed it off to MPI and would b...

    Daphne’s Answer

    I recommend that you contact an attorney with a background in sexual harassment matters. You will also need to review your employment contract to see if it contains any language about this type of issue.

    See question