Have Legal Questions? Ask a Lawyer Now.
Hi, again, Eddie, You said you were a music teacher and did some HBO movies, but if you do not include writing in your life, you will have missed your calling, seriously!
1. Uncloak your ship, ask Mr. Data to accompany you and walk into the Court Room with the confidence, courage and true righteousness of a Klingon going into battle against the Romulens. Sit next to your mother because she needs moral support right now to be able to withstand what her daughter is putting her through. Data will use his posotronic brain to remember everything that everyone testifies to. Seeing you sitting next to your mother will kill her. She hates the thought of losing, but hates the thought of your winning even more. By remaining next to your mother,, you will show your sister that you are not afraid or intimidated by her, or her lawyer, and she has reached the end of her road with her games;
2. Why your sister's lawyer drafted the Petition in such a way that it focuses on you, I don't have a clue. Maybe we should enter this information into Data and ask him for possible theories. The Petition is for a determination of your mother's competency; therefore, and from a legal standpoint, that is the only issue and no other party is named as a Party Defendant and nobody, other than the Evaluator should be called to the witness stand. The Evaluator is Court Appointed and will testify as an Expert, therefore, the opinion of any laymen relating to competency is totally irrelevant. If the sister's lawyer calls you as a witness and you are not represented by an Attorney, you and your mother's attorney should stand up and ask the Judge,
"Your Honor, I would like to ask for an 'offer of proof' "
This phrase means that you are asking the Judge to ask the lawyer the purpose of calling you as a witness, what testimony he hopes to elicit, and how that testimony will add to his client's case. Or, you can ask the entire question and stress, "...how that testimony will add to his client's case.......... "
3. Since you are not a party Defendant in this action, there is really nothing that you can do to counter the sister's allegations, nor can you object to testimony as you would if you were a party to the litigation. So, you can exercise your power of patience by thinking a little into the future and imagining the pleasure of having all this behind you and taking positive steps to stop her in her tracks if she ever attempts to play these games again;
4. Your sister needs to be stopped from continuing these frivolous lawsuits, therefore, you need to set your phaser on "disintegrate". I would not like to see your mother engage in any other litigation, and I know she does not want to sue one of her children, therefore, you will hve to carry the ball for a little while. If any of the Florida cases involved you to a significant degree (You said she accused you of stalking her and you were not even in Florida), you should take that evidence, the Florida cases and their decisions, combine them with the present New York case and when this case is over, file a lawsuit for "libel, slander, and defamation of character, abuse of process, and ask the Court for an Injunction, damages to your name and reputation, Attorney's Fees, costs, and expenses of bringing the action against her, and to declare her a "Vexatious Litigant" within the meaning of the Laws of New York. This would require her to ask for Court permission before she could file a lawsuit against anyone for anything.
This will certainly stop her in her tracks,
Live Long and Prosper, my friend,
a/k/a ANDREA G.T., JD, LLM
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).