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David Garner’s Answers

730 total


  • If your power of attorney for someone do you remain power of attorney if they pass away

    my wifes brother passes away and her other brother was the power of attorney. he says now that he passed away he no longer is

    David’s Answer

    Powers of attorney expire at the same time that the person they cover do. Dead people do not have agents.

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  • A television I was renting was stolen from my home do I still need to pay for it.

    My house was broken into and a television I was renting was stolen, I provided the rent to own company with my police report. After the television was stolen I didn't make payments anymore the rental company took out a warrant, what do I need to d...

    David’s Answer

    Pay for the television. Your contract to pay for the television is separate from the burglary. They want their money and either you our your insurance company needs to cough up the funds.

    Look at it this way, if the night before payroll someone broke into where you work and stole all the money and checks, would you still expect to be paid?

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  • Was divorced many years ago, and I assumed home ownership, but never changed the name on the title or deed. Ex would sign paper

    I am interested in refinancing, but want to ensure the home is in my name alone. What advance work will be necessary to put the home in my name so I won't need my ex to co-sign the home equity loan. Qualifying for the mortgage is not an issue, I...

    David’s Answer

    Have him sign, and then you file a quit claim deed for the home. Then refinance it in your name alone.

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  • Me and several other managers consistly receive email from our accounting manager saying works like: What the hell! and etc.

    I know this is a form of harrasement just not sure what kind.

    David’s Answer

    You may not like it, but just because you don't does not make it harrassment. If you can't accept it, quit and seek employment where people use language you approve of. Muttering the occasional obsencity does not creat a hostile work environment.

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  • I have a question about whata hospital did to my son

    i took my son to the er and just to make it short they had to do a rectal temp on him and when they did it he screamed so loud i never heard him scream like that in my life then while the nurse was doing it she was saying''ooh its so tight'' which...

    David’s Answer

    A agree with the orther attorneys on this question. Rudeness - then file a complaint with the hospital administrator. What else do you think was done wrong? You can't recover because you "felt uncomfortable" or they did not do what you thought they should.

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  • Does a citizen have the right to expect an investigation when accused of a crime?

    In my original question, I guess I asked wrong. If a single person accuses you of a crime, and there is no investigation. It is just the accusation, and the taking of a statement. Doesn't a citizen have a right to expect there will be some sort...

    David’s Answer

    I agree with counselor Malcom. One other point to keep in mind. If the authorities are investigating you, it is not to prove that you are innocent. The purpose is to gather evidence that you are guilty. Given the few facts that you have written, it sounds like there has been at least a minimal investigation and that the prosecutor feels he or she has enough evidence to go forward.

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  • My daugher is on a website where she posted explicite pics of herself she is 15 yrs old, can I sue the website for posting them

    My daughter has joined a website that allows underage children to post whatever pics they want of themselves with apparantly no monitering.....besides getting them taken off, and dealing with her at home, is there a way to sue the website for allo...

    David’s Answer

    The short answer is that they try. These websites cannot review every picture posted every day. Their efforts must only be reasonable.

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  • My daugher is on a website where she posted explicite pics of herself she is 15 yrs old, can I sue the website for posting them

    My daughter has joined a website that allows underage children to post whatever pics they want of themselves with apparantly no monitering.....besides getting them taken off, and dealing with her at home, is there a way to sue the website for allo...

    David’s Answer

    I see a couple of problems here. First of all, what are your damages? In order to be sucessful in civil court you will need to prove up damages. Assuming that the website has taken down the pictures at your request, how else would you expect to be compensated and for what? Lastly, the Communications Decency Act largely if not totally shields service providers from liability in these situations.

    Secondly, part of the responsibility for this problem lies with you in providing your child apparently unrestricted access to a computer and camera whereby the child can take and post explicit photos. Most of these websites require an agreement to their terms of service whereby users state that they are 18 or older. If that was the case here, clearly your child lied. I would have difficulty with the fact that you want to hold a website to a higher standard of policing your childs behavior that you clearly have exhibited to this point yourself.

    Lastly, "sexting" has made the news a lot lately and law enforcement authorities are beginning to hold the posters of these photos liable as well. That means you child could theorettically be charged with making and distributing child pornography if the authorities wanted to get testy.

    Here is a good example or two of that:
    http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-13/1238127388172300.xml&coll=1

    http://www.wired.com/threatlevel/2009/01/kids/

    I'm not licensed to practice in Minnesota, so I offer this as general advice based on general principles of law, but I would suggest the best way to proceed from here on out is to keep missy away from the computers and cameras until she demonstrates the ability to use them appropriately. Frankly this is a parenting probelm.

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  • Small fender bender, she is suing in small claims $5,500 pain/suffering/medical, etc. I have no insurance. No fotos/police reprt

    I tapped the bumper of this lady, and there were no photos/police report. I had no insurance, exchanged phone #s. Called her to pay for bumper. She started raising amounts over time and asked for $6k due to taking a week off from work b/c "hand hu...

    David’s Answer

    If you had insurance (and I suggest you get some) you would have help here. As it is any judgement will have to come out of your own pocket.

    Will she win? Who knows. You conceed you struck her vehicle. Liability for neligence attaches at that point. From there it is all about damages.

    She will be able to recover what she can prove.

    I would suggest hiring an attorney right away. Not buying unsurance got you into this mess. Not hiring an attorney may make it worse.

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  • Tenant dies

    and his family of twenty years is not blood related

    David’s Answer

    It this a question?

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