The Weatherford Democrat (Weatherford, Tex.), Ed. 1 Sunday, March 23, 1997 Page: 2 of 2
This newspaper is part of the collection entitled: Rescuing Texas History, 2017 and was provided to The Portal to Texas History by the East Parker County Genealogy and Historical Society.
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PAGE 8A THE WEATHERFORD DEMOCRAT, MARCH 23, 1997
Is It Legal?
By Jerry Buckner
Attorney/Mediator
Elder law, a rapidly growing field
LEGAUVIATTERSa
Question: If I am falsely accused
of a crime and I am acquitted of
that crime, what can I do to the
person who accused me?
Answer: There is a claim for
damages for “malicious prosecu-
tion” and for “defamation”. There
are five requirements to recover on
a malicious prosecution claim: (1)
commencement of a criminal pros-
ecution; (2) with malice; (3) with-
out probable cause; (4) the prose-
cution ended in an acquittal; and
(5) damages.
Defamation claims include libel
and slander and refer to false state-
ments that are made to the public
or that are published either in writ-
ing or orally. Aside from these two
causes of action, a private citizen
will not incur liability for inform-
ing the police of activity that the
citizen suspects may constitute a
crime. There is a strong public pol-
icy in favor of exposing crime and
malicious prosecution claims are
disfavored. ,
Last month, the Austin Court of
Appeals considered a case where a
patient received a prescription for
360 tablets. The pharmacy called
the patient’s doctor to determine
whether the prescription was a
forgery because the pharmacist
thought the prescription had been
changed from 36 to 360. The doc-
tor told the pharmacy that the pre-
scription had been written for only
36 tablets. The pharmacy called
the police. The police called the
doctor and the doctor reaffirmed
that the prescription was only for
36 tablets and told the officer that
the patient was on probation for
previously forging a prescription.
The patient was arrested and
charged with attempting to obtain
drugs by fraud. At the patient’s
trial, the doctor consulted his
records and discovered that he had,
in fact, written the prescription for
360 tablets. Consequently, the trial
court dismissed the criminal case
against the patient. The patient
then sued the doctor. The Austin
court said that the patient had no
remedy against the doctor and
observed that the doctor neither
requested nor directed the police to
arrest the patient. The court cited a
Fifth Circuit Federal Court of
Appeals case for the proposition
that “a private citizen does not
incur liability simply because he
mistakenly informs the police that
the suspect has committed a
crime”.
If you have any question con-
cerning Family Law or Criminal
Law, call or write: Jerry Buckner,
Attorney-Mediator, P.O. Gox
1268, 206 Houston Street, Weath-
erford, TX 76086, (817) 594-5428;
Board Certified in Family Law and
Criminal Law by the Texas Board
of Legal Specialization, Mediation
Training by Attorney-Mediators
Institute
“Neither Jerry Buckner nor the
Weatherford Democrat intend this
column to be used as legal advice
and it should not be used as a sub-
stitute for consultation with your
own personal attorney about spe-
cific legal problems. Each case
depends upon its own unique facts
and circumstances. ”
Coats to intern with NRCS
WEATHERFORD — John T.
Coates has begun his student
internship with the Natural
Resources Conservation Service
Parker County office, located in
Weatherford. Coates, a Weather-
ford native, is a senior agricultural
services and development major
from Tarleton State University.
Coates will be in the community
tor me next eight weeks under the,
supervision of Ronald L. Herring,
local District Conservationist.
While here, he will receive training
in the conservation of natural
resources. Coates will also assist
with all activities concerning the
local conservation program.
Upon completion of his training
period, Coates will receive a bach-
elor of science degree in agricul-
tural services and development
from Tarleton State University.
The internship arrangement was
made by mutual agreement
between the natural Resources
Conservation Service and Tarelton
State University.
By DAN MORALES
Attorney General
AS YOUR Attorney General, I
have been increasingly involved in
issues that affect senior Texans:
the quality of long-term care, the
prosecution of elder abuse, Medic-
aid fraud control, and consumer
fraud that targets elders. I believe
we owe our senior citizens respect,
protection and the highest standard
of care.
In the private sector, the legal
profession has seen the emergence
of a new specialty — elder law.
Elder law differs from traditional
legal specialties in which the
lawyer focuses on one body of law
(taxes, insurance, criminal law,
etc.). Instead, the practice of elder
law covers all potential specialties
that affect one particular group of
people — senior citizens — many
of whom live on a fixed income.
If you are a senior Texan, or if
you are concerned about an elder-
ly friend or family member, per-
haps you have considered hiring
an attorney. The following infor-
mation may help you to decide
whether an elder law specialist
would be right for you.
Why is this new field
growing?
In part, the growth mirrors
changes in our population.
According to the U.S. Census
Bureau, 33 million Americans are
now over age 65, or roughly 13
percent of the nation’s population.
The fastest growing segment of
this group is people over age 85.
According to a report by the U.S.
Senate Committee on Aging, near-
ly half of all senior citizens will
spend time in a nursing home.
While many of these stays are
brief, such as for recovery after
surgery, many others involve long-
term residence.
The field of elder law covers a
wide and growing range of topics.
In addition to their traditional
work in probate, wills, and trust
BY ATTORNEY GENERAL DAN MORALES
DAN M< >K Al t
85716, or call them at (520) 881-
4005. You may also access this
information on the Internet at
http://www.naela.com.
and estate planning, elder law spe-
cialists are now involved in such
diverse areas as:
•planning for disability or inca-
pacity through living wills, living
trusts, and durable power of attor-
ney documents
•establishing eligibility for
Social Security, Medicare and
Medicaid benefits
•long-term care, including
patients’ rights, quality of care,
and long-term care insurance
•elder fraud and abuse
•grandparents’ visitation rights
•age discrimination at work
•housing problems (mortgages,
housing discrimination, etc.)
•conservatorships and guardian-
ships
•retirement and pension benefits.
Should you retain an
elder law specialist?
Begin by asking if you have a
problem that requires the services
of an attorney, or if in fact you
have a social services or medical
question. If you are not sure, ask a
trusted friend, your clergy, or a
social worker for advice. You may
also call the Legal Hotline for
Older Texans at (800) 622-2520
(477-3950 in Travis County) for a
free over-the-phone consultation.
Staff at the Legal Hotline can help
you decide whether your problem
merits retaining the services of an
attorney.
Ask for referrals from local
senior citizen groups, your clergy,
other attorneys, and social service
agencies. While the State Bar of
Texas does not certify elder law
specialists, its lawyer referral ser-
vice, (800) 252-9690, will provide
you with the names of attorneys in
your area for your consideration.
Before retaining an attorney, ask
for references and check them out
thoroughly. Ask how much experi-
ence the attorneys have and about
the aspects of elder law that they
regularly deal with. Ask about the
fee you will be charged.
Planning for the
future
Senior citizens share common
concerns: quality of life and con-
trol over their affairs as they grow
older, the threat of serious illness
and steep medical bills, maintain-
ing an adequate income, and safe-
guarding the interests of loved
ones. Unfortunately, most of us
cannot know which of these con-
cerns will be the biggest challenge
we face in old age. Many elder law
attorneys report that clients come
to them during times of crisis. It is
wise to plan as far ahead as possi-
ble before the need arises.
For more inforrpation on choos-
ing an elder law attorney, write to
the National Academy of Elder
Law Attorneys at 1604 N. Country
Club Road, Tucson, Arizona
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Celebrate Easter Week
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March 25, 26,27 (Tues, Weds, Thurs) 7:30 pm
St. Botolph Inn
808 S. Lamar Street, Weatherford
Reservations required: call (817) 594-1455
Admission: $5.00. Refreshments served after the performance.
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The Weatherford Democrat (Weatherford, Tex.), Ed. 1 Sunday, March 23, 1997, newspaper, March 23, 1997; (https://texashistory.unt.edu/ark:/67531/metapth1099364/m1/2/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting East Parker County Genealogy and Historical Society.