Aric Garza Blawg

All too often, we hear about tragedies that occur involving violence between family members. Some stories involve people we know personally, others are anecdotal or occur in the news. Among the individuals and families involved, the effects are seismic, and the emotional and physical damages usually last an entire lifetime.

One of the most common methods that Courts use to deal with family violence is the execution of a civil court order that is designed to stop violent and harassing behavior and to protect family members from an abuser, known as a “protective order.” In recognition that more can be done to protect victims that are susceptible to further occurrences of family violence, stalking, and dating violence, the Texas Legislature has modified the law regarding the time period for which a protective order may remain in effect. Previously, final protective orders were effective for up to two years. Now, judges have the discretion to make a protective order remain in effect for an entire lifetime.

This link is to a news story on News 4 WOAI (San Antonio, Texas) about modifications to laws regarding protective orders.
(http://www.woai.com/news/local/story/New-protective-orders-to-better-protect-domestic/upfHzyjSf0OmnP7I5wNGSw.cspx)

This link contains additional information about family violence protection laws in Texas.
(http://www.womenslaw.org/laws_state_type.php?id=592&state_code=TX&open_id=11135)

This link contains information and a SAMPLE Protective Order from the Texas Attorney General’s Office.
(http://www.oag.state.tx.us/AG_Publications/pdfs/protectiveKit_dv.pdf)

A financial power of attorney is a legal instrument that gives another person (called an attorney-in-fact) the authority to make personal and financial decisions on your behalf.  A financial power of attorney can be as broad, or as specific as you want it to be.  For example, a power of attorney can authorize someone to make banking, tax, litigation, and/or financial planning decisions on your behalf.  A financial power of attorney does not, however, encompass medical decisions–a separate medical power of attorney is needed for that purpose.

You can make the financial power of attorney effective immediately after it is signed, or make it effective in the event of your incapacity (the inability to make decisions on your own behalf).

Although the State of Texas has promulgated a standard form to be used (see the link below), you should consult with an attorney when preparing a financial power of attorney to ensure that it accurately reflects your needs and wishes.

http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.XII.htm#490

Financial hardships are stressful.  Whether it is because of credit card debt, student loans, mortgages, or past-due service bills, harassing phone calls from debt collectors can add a considerable amount to your level of stress.  Debt collector harassment has led to numerous personal bankruptcies, marital instabilities, loss of jobs, and invasions of privacy.  Although persistent attempts to collect from you is legal, debt collector harassment is illegal and will not be tolerated by the Federal Trade Commission.  Most debt collectors realize this and are good about obeying the law.  Sometimes, however, debt collectors may cross the line and engage in debt collector harassment.  Fortunately, there are legal actions you can take to stop this harassment.

The Fair Debt Collection Practices Act (FDCPA) was created for the sole purpose of protecting consumers from debt collector harassment by prohibiting certain debt collector behavior.  It prohibits debt collectors employed by third party collection agencies from engaging in any form of debt collector harassment, but the Act’s provisions do not cover collectors hired by the original creditors themselves.

See this link: http://bankruptcy.findlaw.com/bankruptcy/more-bankruptcy-topics/bankruptcy_help_stop_debt_harassment.html

Among other things, the FDCPA prohibits

• Calling at unreasonable hours.
• Failing to cease communication upon request.
• Repeatedly and continuously calling.
• Communicating with consumers after they have filed bankruptcy.
• Communicating with consumers at their place of employment.
• Communicating with consumer represented by an attorney.
• Communicating with consumers after request for validation.
• Misrepresenting or deceiving.

Potential Client: “Mr. Garza, I’d you to help me draft a deed for my mother.  She wants to give me her house.”

Me: “OK, can I speak with your mother?”

Potential Client: “Well, she sometimes zones out and is confused, but she knows what she’s doing–most days.”

Dementia (and other neurological diseases) commonly confront attorneys when we are asked to handle Elder Law matters and related legal issues.

Here’s a link to a brief but excellent pamphlet relating to Dementia, and how to address care for aging loved ones.  It covers Guardianships, Estate Planning, Disability Planning, Long Term Care Options, and Hospice in the event that Dementia or another neurological disease poses a challenge to your family member or friend.

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ElderLaw/DementiaGuide.pdf

“If the home is one’s castle then the homestead exemption is the moat around the castle preventing forceful entry by ruthless creditors.”

So begins an article by my former Professor, the highly esteemed Gerry Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law, updated May 10, 2010).

The Texas Constitution protects the homestead–generally described to mean the property a person or family defines as a residence–from forced sale except in limited circumstances.  These circumstances include, but are not limited to: ad valorem (property) taxes, purchase money liens, mechanic’s and materialman’s liens under certain conditions, refinancing, home equity loans, and reverse mortgages.

For a description of hometead rights and exceptions in more detail, read the full article at http://professorbeyer.com/Articles/Homestead.htm

Did you know that your property’s appraisal value is posted online for you (and the world) to see?  The Bexar County Appraisal District (BCAD) also includes tax information, lot sizes, exemptions, ownership and even previous owners in many cases.  Here is the link:

http://www.bcad.org/clientdb/?cid=1

No less than 20 FREE pamphlets and some videos are available to Texans on subjects like Elder Care, Landlord Tenant, Family Law and our Legal & Judicial system.  Did I mention that they were FREE?

http://www.texasbar.com/am/template.cfm?section=Our_Legal_System

What does “in pari delicto” mean?  What is an “escrow” account?  Who the heck is “FICA” and why does he take some of your hard earned money?  The answer to these questions are at this website.

http://www.nolo.com/dictionary