Serving Papers to Seniors With Dementia

Serving papers to seniors with dementia is a topic that needs to be approached with caution. There are special considerations that need to be addressed in order for successful serving.

Here are a few tips to keep in mind when serving papers to an individual with dementia.

Approach The Individual With Consideration

Alzheimer’s disease is “a progressive brain disorder that gradually destroys a person’s memory and ability to learn reason (and) make judgments…” (insert citation). Keeping this in mind, the Alzheimer’s Association recommends using short, simple words and speaking in a non-threatening, low-pitched voice. To see more tips on how to appropriately interact with a person with dementia, please visit http://www.alz.org/national/documents/SafeReturn_lawenforcement.pdf

Dementia Serving Papers

Financial Scams

Many individuals with dementia are more susceptible to financial scams, which can result in a large amount of debt. For those making decisions on behalf of an elderly person, it’s very important to have the individual’s guardian present. According to Larry Yellon of the National Association of Professional Process Servers, “It’s mandatory [in New York] that ‘proposed conservatee’ is the title that they give to the party being served who is probably elderly but more important [the court] will spell out how they have to be served and by what day. This way people can’t come in and start taking their money – legally. Many unscrupulous parties will get mom or dad to sign a power of attorney without this proceeding to take advantage of them.”

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Be Aware of Holidays and Sundays

In some facilities, an employee will be present to witness the validity of the service. In most states, you can serve anyone at anytime, but be aware that some states prohibit individuals from being served on Sundays and holidays. Make sure to check your state’s laws before attempting to serve an individual with dementia.

In summary, it’s not ideal to serve an individual with dementia because often times they don’t understand fully what’s going on.  Click here for a full list of laws and regulations for process serving in Arizona.

Denial of Certification – Arizona Process Server Rules and Laws

DALS - Top Process Server in Glendale, Mesa, Tempe, Phoenix, Chandler, Scottsdale and around the valleyDenial of Certification
If the presiding judge finds any one or more of the following to apply your application will be denied: material misrepresentation or failure of disclosure on your application; a record of dishonesty and/or incompetency; a record of repeated complaints by the public; prior denial of a license by any government agency; prior conviction of a felony or misdemeanor; currently on probation, parole, or named in an outstanding arrest warrant; failure to submit fingerprints or cooperate in a criminal history investigation; and violation of any laws or court orders applying to process servers. You may be subject to discipline and decertification if a lie on your original application is discovered, there are any current violations of Arizona or federal laws or court orders, you have failed to perform duties required by law, false advertising, and engaging in the unauthorized practice of law

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Qualification of Private Process Servers – Arizona Process Server Rules and Laws

DALS - Top AZ Process Server in Chandler, Mesa, Tempe, Phoenix, Scottsdale, GilbertQualification of Private Process Servers
As a condition of registration, you must submit at your own expense a set of fingerprints so that a criminal history investigation may be conducted. An approved application form must be completed and submitted to the Arizona Supreme Court with an affidavit alleging residency in Arizona for at least one year prior to the application and swearing to “well and faithfully serve process” in accord with state law. You must be at least 21 years old. The clerk of the court accepting the application must administer a written examination. If you fail the exam you may apply for re-examination. The presiding judge determines the disposition of your application, and if approved the clerk of the court must issue a certification card that entitles you to serve process in every county in the state for a term of three years, subject to renewal.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Private Process Server’s Authority – Arizona Process Server Rules and Laws

DALS - Authorized Top Process Server in Mesa, Tempe, Phoenix, Scottsdale, Glendale, Chander, Gilbert and around the valleyPrivate Process Server’s Authority
Pursuant to Arizona Revised Statutes Annotated Section 11-445 (I), a private process server properly registered under Arizona Law may serve all process, court papers and court orders required to be served to the same extent as any sheriff or constable. However, unlike a law enforcement officer, a private process server may not serve any process that requires the server to take a person, or a person’s property, into his custody. As a process server you may charge whatever fees are agreed upon between you and your client. However, if a court awards costs to your client, including service fees, you may only collect the sum actually charged, or the sum to which a sheriff or constable would have been authorized to charge, by statute, for the same services, whichever is the lesser sum.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Where to Find Arizona Process Server Rules and Laws

DALS - Top Process Server in Mesa, Phoenix, Tempe, Chandler, Scottsdale, GilbertArizona rules for process servers are detailed and comprehensive and found primarily in Arizona Revised Statutes and the administrative rules promulgated under the Code of Judicial Administration. Various sections provide for the registration and certification of private process servers, qualifications, discipline, extent of authority to serve process, limitations on authority compared to law enforcement officers, authorized fees and a code of ethics.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Other Services – Arizona Process Server Rules and Laws

Other Services
Service on the state of Arizona itself must be made on the state’s attorney general. Service on a county or municipal agency or other governmental subdivision must be on the chief executive officer, secretary, clerk or recording officer. Service on an Arizona corporation can be made on a partner, an officer, a managing or general agent, or any other agent authorized by the company to accept process. If no such person can be found in the state, process on a corporation can nevertheless be effected by filing two copies of the summons and complaint with the state’s Corporation Commission.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Time Frame – Arizona Process Server Rules and Laws

DALS - Arizona Process ServerService of a summons and complaint must be made within 120 days of these documents being filed with the court. Otherwise, the subject of the summons or any other party can move the court to drop the charges against the party. The court can also dismiss the charges in this situation on its own. It can also set a new deadline for effective service, particularly if the plaintiff can demonstrate a good reason why process has not been served, such as if the subject has absconded. If the subject is known to reside in a foreign country, the 120 day deadline does not apply.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Waiving Service – Arizona Process Server Rules and Laws

DALS - Arizona Process ServerIf the service is accepted, proof of service is filed in the case in the form of an endorsement by a sheriff’s deputy or affidavit of a private process server. The subject also has the right, however, to waive service; by doing so they do not necessarily waive the right of objection to the venue or the jurisdiction of the court over them. In this case, the process server should file proof of the waiver. In lieu of accepting service of a summons, a person can simply appear in open court, either personally or through legal representation, or file a responsive pleading (typically through their attorney). An appearance or a filing has the same effect as a summons duly served.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Serving – Arizona Process Server Rules and Laws

DALS az process serverA summons and complaint must be served together. If the service is on an individual, it can be made by delivering a copy of the summons and complaint in person, or by leaving the copies at their residence with someone other than a minor who also lives there. Valid service can also be made on the person’s attorney or other authorized agent. If service is upon a minor under 16 years old, copies must be delivered to their father, mother or guardian. In the absence of anyone fitting this legal description, anyone living in the same residence as the minor or having care and control of them can receive service.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.

Qualifications – Arizona Process Server Rules and Laws

Lawful service of process in Arizona can only be made by a sheriff, a sheriff’s deputy or a private process server registered with the clerk of the court. To qualify as a private process server you must be at least 21 years old and have been a resident of Arizona for the year immediately preceding your application. You cannot serve process in a case in which you’re a party, an attorney or an employee of an attorney involved. Registration as a private process server in one county allows you to serve process anywhere in the state.

Process servers like Direct Access Legal Services (DALS) in Mesa, Arizona is one of the largest legal support service providers in the State of Arizona that can professionally take care of all duties. We also serve Glendale, Mesa, Tempe, Chandler, Gilbert, Maricopa, Metropolitan Phoenix Area. You can call 480.464.8484 for any questions or details.