Why Money Worries Are Keeping Seniors Up at Night and Hurting Their Health

If you are feeling like Chicken Little, you have every right to feel this way. With seniors seeing all of their hard earned nest egg disappearing they are in a crisis and they are feel the pain? This article was taken from a noted person who deals with the senior's health issues on a Daily basis.

I want to thank them for bring this issue out so many can get the help they need. If and when you are felling like you have no options think about this. You work you entire life to pay for your home, let it pay you now and not worry about what you are going to leave your family. Think about how they will feel if you are financially doing well, and can afford to live without being a burden on them.

You can accomplish this by receiving a Reverse Mortgage. It often is at the moment when an elderly patient is about to be discharged from the hospital that he or she first faces the prospect of having to pay the total long-term expenses of either nursing-home or home care services.

This easily can come to $50,000 or more a year -- at a time when the primary objective for any patient and family should be excellent care and emotional support, not a desperate fight to preserve one's income and savings. It widely is known among older Americans, their families and their friends that a long-term illness could wipe out a patient's savings. Long-term care includes many different support services aimed at helping chronically ill patients either in their homes or in a nursing home.

Medicare does not pay for long-term care. The only government assistance for the expense of long-term care is the health insurance for the poor, Medicaid. Tragically, some families would rather risk substandard facilities for their loved ones rather than choose the Medicaid option. As a former investigator for the New York State Attorney General's Medicaid Fraud Control Unit, I have seen firsthand many victims of the system.

One elderly woman, who was not poor enough to qualify for Medicaid, was exhumed from her final resting place to determine whether she had been starved to death by the operator of an illegal nursing home whose monthly fees were less than half of its licensed competitors. Unfortunately, this case is not an isolated example of a family under duress resorting to underground providers of care to shield a loved one's assets. Long-term care, whether at home or in a nursing home, often can wipe out the life savings of a chronically ill patient in one year or less.

Under current eligibility rules for Medicaid coverage of long-term nursing care, a recipient usually may not have assets in excess of $2,000. This has led many Americans to manipulate the Medicaid system by transferring assets to heirs and beneficiaries in an effort to avoid spending their life savings on nursing-home care. Some Americans, desperate to preserve an estate, have taken extreme measures such as divorce or spousal refusal, whereby one spouse refuses to pay for the long-term care needs of the other.

Some have been able to use loopholes in the Medicaid system to transfer part of their life savings before they apply for Medicaid. Others have stopped saving and simply spend all of their income without regard for the future. In effect, some people are using Medicaid as their long-term care insurer, while others who do not game the system are systematically impoverished as they pay privately for their own care.

Then, having finally qualified, these people are reduced to a state of humiliating poverty and dependence on government support. Many cannot afford to pay the transportation costs of visits from their relatives or to upgrade their living quarters. This perverse system rewards deception and punishes law-abiding citizens. Financing long-term care is supposed to be the responsibility of the patient.

In reality, the burden falls on the taxpayer, because the payments for almost 70 percent of the long-term care needs of older patients are paid for by Medicare and Medicaid. Many hardworking and independent older Americans in need of long-term care have contributed a lifetime of energy and dedication to their communities and the country. These people and their families do not want to be on medical welfare. The optimal solution for improving long-term care is a dramatic increase in the number of private payers.

The Institute for Social Economic Studies has developed a proposal to solve this problem. Under the institute's plan, every dollar paid out by the patient would protect a dollar's worth of assets from the draconian requirements of Medicaid eligibility. For example, if a patient with life savings and property totaling $100,000 spent $50,000 for long-term care, the remaining $50,000 of assets would be protected from eligibility rules, providing the patient would otherwise qualify for Medicaid. Although some of a patient's assets would be protected, all of a patient's income would be used to pay for long-term care under this plan.

In addition, to further promote private funding, this plan would protect all of a patient's remaining assets (not income) after he or she pays for three years of nursing-home care or six years of full-time home care. Under this arrangement; elderly patient not their relatives would have control over their hard earned savings and could use them to purchase personal items and luxuries currently out of reach to many. The numbers of older Americans will more than double in the next 32 years. By year 2030, the elderly will account for 20 percent of the population and number more than 80 million. It is urgent that we develop a solution for long-term care now.

If we don't act, everyone -- workers, our children, our parents and our grandparents could pay a severe price. Let's avoid this tragedy while time is still on our side by older seniors who own homes receiving proceed from a Reverse Mortgage they can shield themselves from financial disaster.

Some are having trouble sleeping, she says, others are not eating well, and a few have taken up smoking again. But most say they no longer feel in control of their financial future and well-being after the wild market swings of the past few weeks. Constant news reports on home foreclosures, bank failures, the credit crunch, a $700 billion bailout for the financial industry and the steady erosion of retirement savings have jolted anxious and easygoing types alike. But for those nearer to retirement, or living on fixed incomes, the stakes are higher-and so are stress levels. According to an American Psychological Association (APA) poll released in October, the miserable economy "significantly stressed" a whopping 80 percent of Americans in September, up from 66 percent in April. The survey compared the stress levels of more than 2,500 adults nationwide.

Among the respondents, women reportedly felt more anguish about declining economic conditions than men did-84 percent compared with 75 percent. And those over age 63 reported more stress (86 percent) than boomers ages 44 to 62 (83 percent) and those ages 18 to 29 (71 percent). However, when it came to day-to-day pocketbook issues, the youngest age group (83 percent) reported being more worried than boomers (79 percent) and those 63-plus (73 percent). A separate survey of working adults, released Oct. 27, found that 92 percent said financial worries were keeping them up at night.

The poll of 1,137 people, conducted by Com Psych, a provider of employee assistance programs, said the biggest concern for respondents was the high cost of living (30 percent),credit card debt (29 percent), mortgage payments (14 percent) and declining retirement accounts (13 percent). Alan Keck, a psychologist in Altamonte Springs, Fla., says the mounting stress his clients are carrying has "complicated their treatment." He hears growing complaints about sleep disturbances, unintended weight loss, depressed mood and obsessive thoughts. "I can tell you that the economy has played havoc with the plans of a few of my clients-everything from delaying the completion of the divorce process because of inability to sell a jointly owned house, to full-blown anxiety and depression syndromes over threatened loss of retirement savings," he says.

For older workers, a declining portfolio can be enough to provoke fear and panic. One woman in her 60s, who is planning to retire in two years, says she gave in to that fear two weeks ago when she bailed out of the stock market and opted for safer investments in money market funds and CDs. "I was constantly worried that I might lose what I've built up," says the woman, a publishing industry professional who asked to remain anonymous. "I don't know if I did the right thing by pulling out of the market; we'll see how things shake out.

I just wanted to preserve what I had. Uncertainty when you're nearing retirement is very stressful." So in closing I want to again thank them for posting this article to help seniors around the world know that they are not alone. To find out how you can increase the money you need for retirement and how a Reverse Mortgage can help stabilize your future see the facts.

Affordable Assisted Living Alternatives to Nursing Homes

Advantages Choosing Residential Assisted Living over Nursing Homes

Making the leap from living at home to living elsewhere is a decision that shouldn't be taken lightly. Most people will eventually face the dilemma of having to move either to a nursing home facility or an assisted living facility - and there is a big difference between the two. There are many advantages to choosing residential care homes over nursing homes or other facilities.

Home Environment

The biggest advantage that care homes have over nursing facilities is the home environment that residents experience. Not to impugn the nursing home industry as a whole, nursing homes provide a hospital type of setting that is clinical and not very much like living at home. Care homes offer a home-like environment that is very much like living in your own home; in fact, some residential care homes feature resident apartments, or at the very least, private rooms. In a nursing facility you will likely have a roommate and not very much space for your personal belongings.

Quality of Life

The quality of life for those who choose assisted living is typically greater than what is experienced in most nursing homes. Because the assisted living resident is encouraged to maintain their independence and remain active, these residents can enjoy their senior years to the fullest. There are activities planned for group fun or individual entertainment - and residents are further encouraged to run errands and keep appointments, entertain guests and more. Nursing facilities cannot offer this freedom.

Cost

The cost of a nursing home stay is around $4,000 each month; assisted living costs around $2,400, although it can be far less, depending on the facility that you choose. Because adult care homes usually charge a flat rate that encompasses rent, utilities, care, meals, and more - the cost of assisted living is a good value for most seniors that are covered by many private insurance companies and long term care insurance. Many nursing facilities will eventually seize and sell your home or other valuables to pay the cost of care after you have been admitted to their facilities for a certain period of time. Adult care homes do not follow those same guidelines.

If you are still independent enough to provide a certain level of self-care, but are just struggling with particular aspects of maintaining your ability to live on your own, residential assisted living or adult care homes may be for you.

Financial Abuse of the Elderly Can Often Go Unnoticed

Typically, when people think of elderly abuse, what comes to mind is negligence or rough treatment. Possibly even the more direct physical abuse that we hate to imagine but is nonetheless a part of our society. One of the most common yet least expected forms of abuse, however, is not physical but financial.

Older people find themselves in a very vulnerable position where they are unable to completely care for themselves and must depend on others for things like their finances. In some cases, putting trust in even family members or qualified caregivers is not enough to ward off the worst intentions and the financial situation is take advantage of.

Financial abuse comes in many forms. In some cases, the victim has given someone full or partial access to financial accounts, and the person steals money from them or uses the accounts for their own purposes, convinced no one will ever find out. It is a good idea to give more than one party at least the power to look into the accounts and decipher what is happening in order to limit the possibility of abuse.

In other cases, the financial abuse might be from family members who hope to gain when the elderly person dies. They may talk the victim into doing things, such as transferring property ownership and paying large amounts for something the abuser wants, or turn them against other family members in an effort to influence the will. It may even involve direct stealing of cash or valuables from the victim's home when they are sleeping or distracted.

Or, elderly abuse of a financial nature may not be so personal and up-close. Sometimes it may be con-artists or thieves seeing an easy target and striking. The sad thing is that preventing problems like these are one of the reasons caregivers are assigned in the first place, and then we have the protectors taking advantage of those they are meant to protect.

To prevent against the latter, sometimes it is simply necessary to have more than one person involved in your elderly loved ones life, and this should be the case anyways. Getting old is not easy, and we need our loved ones. It doesn't mean you have to be there all the time, but you should be there enough to notice when something is amiss.

In most cases of financial abuse, it will take someone who cares for the victim, or simply cares for just behavior, to notice something is going on and put a stop to it. Elderly people may be too disoriented and confused, too forgiving, too proud, or too frightened to take matters into their own hands. They may even simply be emotionally or physically incapable of getting in touch with an attorney. Therefore, when you notice an elderly person being taken advantage of, it is time to do the right thing and get the help of a lawyer.

A lawsuit can sometimes be filed to recover damages for those involved in the financial abuse of the elderly. Those victims may be able to regain access to the financial loss or property, and this is also the type of lawsuit where the money paid for a lawyer would also be regained. In some cases, punitive damages might be included, but unfortunately, this has become rare in cases of abuse against the elderly.

Elder Abuse and Financial Exploitation

The elderly are prone to all forms of abuse because of their frail and vulnerable nature. Elder abuse can happen in their home, in a nursing home, an extended living facility or other senior care center. Because of their known vulnerabilities, they can be especially susceptible to financial exploitation and identity theft schemes. The very people who typically commit such crimes against the elderly are the ones who are closest to them and have the opportunity to take full advantage of them.

Aside from the victim's age, elder abuse can affect every race, every socio-economic background, every religion, educational background and geographic location. Elder abuse is a global problem, plaguing nursing homes, extended living facilities and personal residences all over the world.

Unfortunately, many elder abuse victims suffer in silence. Either they have no family members or friends to turn to, or they think that their cries for help will be ignored and they fear retaliation from their abusers. Some victims of elder abuse aren't even aware that they are being victimized and so financial exploitations go undetected indefinitely or until it is too late and the damage is already done.

Many elder abuse victims remain silent because they fear the repercussions their family members might face if they are criminally prosecuted, while others are too embarrassed to admit they have lost their money to unscrupulous predators. Others fear that nobody will believe them, chalking up their allegations to hallucinations or Alzheimer's.

Financial abuse consists of theft or embezzlement of money or any other property from an elderly person. It can be as minor as taking cash from a victim's purse or wallet and as insidious and cunning as turning the victim's property over to the abuser.

It is important to be vigilant if you suspect that your loved one has fallen prey to a predator. Keep an eye out for unusual bank account activity, such as withdrawals from an ATM when the individual was at home or at a time when they could not get to a bank.

Also look for unusual debits on their account, signatures on checks that do not resemble their signature, strange credit card transactions, unpaid bills when someone else is designated to pay the bills, a lack of personal amenities, a change in spending patterns, or the odd appearance of a stranger who begins a close friendship and offers to handle the elder's finances for them.

A clue that there may be something to worry about is social isolation. If friends or family members are being denied visitation or contact with the elderly person, there might be something to worry about. Furthermore, if the elder is not able to speak freely or without the caregiver present, it may give you cause for concern.

Elder abuse can also involve telemarketing fraud, identity theft, and predatory lending. On a more intimate level, even family members can take advantage of their relatives. People empowered with "Power of Attorney" can abuse their position by taking money from the elder's bank, transferring property and even placing the elder into a long-term care facility against their will.

The elderly can be abused by family members, conservators, caregivers, trustees, representative payees, financial planners, attorneys and friends amongst others. If you suspect that you or your loved one have been a victim of elder abuse, contact a caring and compassionate estate planning attorney today before it's too late.

Sad But True Crime Stories of Elder Abuse and Identity Theft

There are too many tragic stories of elder abuse including neglect, physical, sexual or psychological abuse. Another crime against the elderly is that of "using the money or resources of an older person without their knowledge or consent to benefit yourself or another person."

Identity theft falls into that category of crimes against the elderly as strangers, or even family members and caregivers take advantage of the elderly in order to gain their long saved money, hard earned credit or well deserved benefits.

In Florida a 100 yr old man was taken advantage of by a caregiver he employed. The caregiver stole her employer's identity to set up cable television and phone number accounts. The caregiver was charged with elderly exploitation and using someone's ID without consent.

Seniors May be Vulnerable to Many Forms of Identity Theft & Financial Theft including:

- Investment fraud

- Mortgage fraud

- Check cashing fraud, either forging seniors own checks or those made payable to seniors

- Credit card fraud

- Phony charity solicitation scams

- You've won so-called "prize" money awards where they must provide information that is later used for theft

Unfortunately, identity theft, financial scams and frauds against the elderly is that far too often perpetrated by someone seniors know and trust like a caregiver or family member.

What makes the elderly likely targets for identity theft and other financial crimes?

Senior citizens may fall into one or more or all the categories below and these combinations make them attractive targets for financial crimes.

1. Some senior who planned well for retirement have more money, savings, cash reserves and home equity available.

2. Since many seniors already have what they need or have more cash available, they are less likely to be using credit. Those who aren't actively using their credit often don't check credit reports regularly.

3. Although there are many exceptions, senior citizens tend to be less "technologically savvy" and may be unaware of many of the scams that are based around Internet usage.

4. Seniors that are dependent on others care and help like retirement home staff, home caregivers and family members may be taken advantage of, as their personal information is readily available to others.

Sadly the case of identity theft of the 100-year-old man in Florida is not an isolated crime.

More True Crime Stories of Elder Abuse and Identity Theft

In Anchorage, Alaska a 57 yr old man plead not guilty to 17 counts of identity theft, fraud and criminal impersonation. He used the information of an 82 yr old man to get 7 credit cards on which he charged $34,000 in merchandise.

One elderly care provider in Hinesville, GA was arrested for financial identity theft and elder abuse. Her 43 victims range in age from 60-100.

In Birmingham, AL a CNA (certified nursing assistant) was charged with elder abuse, neglect and identity theft. She took personal information from a nursing home patient and purchased over $5,000 in goods and services.

It's not always strangers or caregivers who take advantage of seniors. A resident in a Boulder, CO nursing home was recently taken advantage of by her son and granddaughter who stole over $16,000 from her by abusing her power of attorney to benefit themselves. The granddaughter was arrested for 92 counts of identity theft and forgery.

Senior Romance - Finding Love in Your Later Years

It is never too late to find love. Just because you are 65 or older doesn't mean you cannot date and find a meaningful relationship. In fact, by going out there and finding that special someone, you are doing a great deal of good for yourself. You don't have to stop having fun because of your age! Now is just as good a time as any to go out and meet new people and rekindle your love life.

Finding other singles

If you take the time to look, there are plenty of ways to meet fellow single seniors in your community or elsewhere. Community centers generally organize socials for seniors to get together and mingle. What are your hobbies? By joining groups or clubs that bring people together with similar interests, you can potentially find a fellow member who you could end up going out with for a cup of coffee.

But your community isn't the only resource you have for finding a date. If you are reading this article, chances are you know your way around a computer. Nowadays there are plenty of online dating websites where you can browse fellow singles and fellow singles can browse you, allowing you to ensure compatibility even before you meet up in person. Don't be afraid to give it a shot - the internet, when used properly, is a great resource for getting in touch with people you could see yourself forming a wonderful relationship with.

The dating scene

Let's face it - no matter what your age, no matter how experienced you are with the dating scene, it is never easy to escape the first-date jitters, especially if you haven't done it in years. So try and put your first date in an environment that will ease the tension between the two of you. Lunches are generally better than dinners as dinners tend to be more intimate settings. If the two of you have a shared interest, try and involve that in what you plan on doing. Both book fans? Go to a public reading. Music lovers? An outdoor concert or a jazz club can be nice. Don't be afraid to be interesting with the setting of your first date. If you make it interesting you are more likely to stimulate some conversation between the two of you. Consider suggesting a group date, too - by involving more people you may be more familiar with, conversation can run smoothly.

Also be sure to have an exit strategy. There is no need to continue a date if your date makes you feel uncomfortable. Have a friend know where you are and make sure he or she will pick up their phone if you want to leave and need someone to pick you up.

Taking the first step in senior dating is not always easy. It is something people might typically shy away from. But remember that there is no need to be shy. It's your life, and if you want to be happy and find a meaningful relationship, it's up to you to make it happen.

The Cause of Action for Malicious Prosecution in Texas

This Memorandum is about the cause of action known as "malicious prosecution" in Texas. However, it is not exhaustive of the subject. For example, the subject of the "special damages" required in a lawsuit alleging this theory of recovery is not discussed here.

This Memorandum is designed for you to understand the framework of the cause of action in Texas and to help evaluate whether a particular set of facts presents a possible cause of action for "malicious prosecution." Other significant factors are involved, and should be evaluated, before you decide to proceed with this type of lawsuit. Keep in mind that this Memorandum discusses the law in the State of Texas, and the law may differ in your state or jurisdiction.

Actions for malicious prosecution are not favored in law. In regard to criminal prosecutions, public policy favors the exposure of crime, which a recovery against a prosecutor or a citizen filing a complaint about a crime tends to discourage. In the case of civil proceedings, a litigant should be able to have his or her rights determined without the risk of being sued for damages for seeking to enforce those rights. Accordingly, public policy requires strict adherence to the rules governing malicious prosecution actions; any departure from the exact prerequisites for liability may threaten the delicate balance between protecting against wrongful prosecution and encouraging reporting of criminal conduct or protecting the rights of a civil litigant. See Browning-Ferris Industries v. Lieck, 37 Tex. Sup. Ct. J. 851, 881 S.W.2d 288, 290-291 (Tex. 1994) which holds that there should be a strict adherence to the rules discussed in the context of a criminal prosecution.

The essential elements of a claim for malicious prosecution are: (1) the institution of proceedings against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) damages to the plaintiff. If the underlying action was a criminal prosecution, the plaintiff must also have been innocent of the charges.

If the underlying action about which there was a complaint was a civil case, the plaintiff must have been named as a party in the suit. In the context of a civil case (see also "abuse of process"), the Plaintiff must also allege and prove special damages arising from an interference with his or her person, such as an arrest or detention, or with his or her property, such as an attachment, appointment of a receiver, writ of replevin, or injunction.

In a malicious prosecution action, the plaintiff bears the burden of proving that no probable cause existed for instituting the underlying proceedings, and the law initially presumes that a defendant acted reasonably and in good faith and, therefore, had probable cause. Though a criminal defendant enjoys the presumption of innocence in the underlying proceedings, that person is not presumed innocent as a plaintiff in a civil malicious prosecution action; instead, the accuser's good faith is presumed, and the plaintiff must rebut this presumption by producing sufficient evidence that the motives, grounds, beliefs, or other information upon which the defendant acted did not constitute probable cause.

Once the plaintiff has met this initial burden, the burden then shifts to the defendant to offer independent proof of probable cause. If the plaintiff, however, does not carry this initial burden, the presumption of probable cause remains unrebutted and the defendant is entitled to judgment as a matter of law.

The definition of "probable cause" depends on whether the underlying proceeding was civil or criminal.

With respect to a civil proceeding, probable cause exists if the defendant (1) reasonably believed in the existence of the facts on which his or her claim was based; and (2) reasonably believed, or believed in reliance on the advice of counsel that was sought in good faith and given after a full disclosure of the facts within the defendant's knowledge and information, that the claim was valid. Restatement (Second) of Torts 675.

With respect to a criminal prosecution, probable cause is the existence of such facts and circumstances as would cause the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor (complainant), that the person charged was guilty of the crime for which he or she was prosecuted.

In either case, the definition must be applied to the circumstances as they existed at the time the prosecution began. Thus, the jury in this type of case may properly be instructed to consider only events prior to the institution of proceedings in determining probable cause.

The question of probable cause does not depend on the guilt or innocence of the plaintiff, but on whether the defendant had reasonable grounds to believe, and did believe, that the plaintiff was guilty from the facts known to defendant at the time of filing the complaint. As held in a line of cases in Texas, the question is not whether plaintiff committed an offense, but whether defendant had reasonable grounds to believe that the plaintiff did. Moreover, if there is probable cause for the belief in the guilt of the plaintiff for an offense substantially similar to that for which the plaintiff was prosecuted, the defendant is not liable for malicious prosecution. Neither the plaintiff's actual innocence or acquittal nor the prosecutor's abandonment of the prosecution show or raise a presumption of lack of probable cause.

The test for determining whether probable cause existed in connection with a criminal prosecution depends on whether the defendant actually brought a formal criminal complaint or merely furnished information to law enforcement officers, who then acted independently and used their own discretion in bringing formal charges. In the former situation, the question is what the defendant honestly and reasonably thought the facts were at the time he or she filed the criminal complaint. In the latter situation, the question is what the defendant actually believed, rather than what the defendant reasonably believed. Moreover, the defendant is not liable in such a situation if he or she made a full and fair disclosure of the facts to the prosecuting authorities.

On the other hand, in the context of a criminal case, the complainant's failure to fully and fairly disclose all material information or knowing provision of false information to the prosecutor, while relevant to the malice and causation elements of a malicious prosecution action, have no bearing on probable cause. This is because the existence of probable cause depends only on the complainant's reasonable belief, based on the information available to the complainant before criminal proceedings began, that the elements of a crime had been committed. The reasonableness of such a belief is not negated by the failure to disclose fully all relevant facts to the prosecutor.

Furthermore, proof that a defendant provided false information is not sufficient. Proof that the false information ''caused a criminal prosecution'' is also required. In other words, there must be proof that the prosecutor acted based on the false information and that but for such false information the decision would not have been made. For instance, in a malicious prosecution action based on theft charges, the owners of a company planned to book guided hunts based on arrangements made by the guides, but spoke to police after becoming concerned that the guides had misappropriated a deposit. The guides contended that false information was given to the police, including knowingly false information that the business had booked several hunters and that the guides had not reserved any animals. But, even assuming the truth of these contentions, the prosecutor testified that the determinative issue for him was whether the guides had accepted money without being ready, willing, and able to perform their agreement to provide hunting guide services. Because the decision to prosecute was within another's discretion, the guides had the burden of proving that the decision would not have been made but for the false information. Even if the guides' contention was true, the Texas Supreme Court ruled that the false statements were not the determining factor in the decision to commence the prosecution. Although the guides argued that causation could be inferred from the falsity of the statements, the Court disagreed because this was not the only information that the prosecutor and the subsequent grand jury relied on in deciding to prosecute the guides. King v. Graham, 47 Tex. Sup. Ct. J. 85, 126 S.W.3d 75, 78-79 (Tex. 2003).

Significantly, the decision in the King v. Graham case raises the bar for malicious prosecution claimants a notch higher than the Texas Supreme Court's prior decisions. It appears that, in future cases, testimony from the prosecutor will be needed that, but for the false information, no prosecution would have been made. It is anticipated that it will be difficult to obtain this kind of exculpatory testimony. The defendant has not acted on probable cause in instituting a criminal prosecution if he or she knew that the plaintiff was not guilty of the charge that the defendant lodged against the plaintiff. Nevertheless, if all the objective elements of a crime reasonably appear to have been completed, the complainant has no duty to make a further investigation into the suspect's state of mind.

As a private citizen, the defendant has no duty to inquire of a criminal suspect whether he or she has some alibi or other explanation before filing charges. Once the accuser fairly discloses the facts to the prosecuting officer, the accuser has no duty to conduct further investigation.

As in most situations involving our legal rights, a case alleging malicious prosecution is subject to a statute of limitations, meaning that if you fail to file your lawsuit within a specified time period, you lose the right to do so.

The statute of limitation in Texas for a lawsuit alleging malicious prosecution is one (1) year. Tex. Civ. Prac. & Rem. Code 16.002. The statute begins to run on termination of the underlying prosecution or suit. When indictments are returned against a plaintiff for several separate, distinct offenses, the statute begins to run on the cause of action for malicious prosecution at the end of each prosecution, not at the end of the prosecution of the last offense. However, when multiple indictments are sought for the same act, the cause of action for malicious prosecution accrues when the last indictment is dismissed or the defendant is no-billed for the last time. Statutes of limitations questions are often fact-dependent, and you should consult an attorney as soon as possible when you believe that you may have a cause of action.

The discovery rule does not apply to malicious prosecution actions. In other words, the cause of action accrues, and the limitation period begins to run, when the underlying prosecution terminates, not when the plaintiff discovers that the underlying prosecution has terminated. This is because termination of the underlying prosecution is a matter of public record, and the plaintiff is charged with constructive notice of the contents of public records.

As you can see, there are a number of important issues to be determined before one decides to file a lawsuit alleging malicious prosecution. As mentioned at the outset, "actions for malicious prosecution are not favored in law," and the recent decisions of the Texas Supreme Court only underline that conclusion.