Ask Me Help Desk - What kind of attorney do I need?

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Originally Posted by NCTOFL

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ROTTEN INDEED! ...

I wasn't saying that anyone in particular was "rotten". I was merely using an often-quoted line from Shakespeare's Hamlet to suggest that something strange (and probably wrong, illegal, etc.) has happened, which indeed merits further investigation.

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Originally Posted by ScottGem

First I am not wrong. I didn't say I didn't believe that this happened, what I'm saying is I don't believe you can make a sufficient case to go to court.

You have been given some bum information in the past. If this cousin claimed to have a POA and did not, that is a CRIMINAL Offense. You should have reported this to the police or local prosecutor. Now it may be too late as the statue of limitations on fraud may have passed.

I suspect the lawyers you have consulted told you they don't handle this because they, too, felt you didn't have a sufficient case to file suit on. I'm sorry, its really a bummer when a family member does this to you.

I think the problem here is you didn't know how to properly fight this when it happened and now it's too late. Who investigated you and how were you cleared? The way I would have handled this I, as soon as I was cleared of whatever I was investigated for, I would have gone to the nursing home and retrieved my mother. If they refused to release her, claiming the cousin had POA, then tell them to have the POA produced. I would have gone to court at that point to get myself appointed as conservator for mother. I would have then gone to the local prosecutor and asked that the cousin be arrested for fraud and theft of the jewelry and the funds she wrote checks for. I would have contacted Mom's bank and had them put a stop on any checks until a legal guardian could be established.

The point is there were lots of things you could have and should have done 6 years ago and they were not done. So, at this point in time there are SOL issues, issues of evidence and more that are going to work against you. I'm sorry to have to tell you this but those are the facts. I am really surprised that elder care or Family Law attorneys told you what you say they did. But I strongly suspect it was because they felt there was not a good case there. A case like this will probably cost tens of thousands of dollars to pursue and, unless, you can show you can pay that, they are looking at little chance of recovering any money so they aren't interested. Lots of people fall through this crack in the legal system. If the case won't pay lawyers don't want to take it on. Again a harsh reality of our legal system.

The only advice I can give you is to assemble a brief of dispassionate facts. No innuendo, no speculation, just facts. Like mother was placed in a nursing home by cousin without an POA and over my objections. Like cousin made false accusations that I was cleared of. Things that you can prove. Then bring that brief to the local prosecutor and every lawyer you can find who will listen.

I did all the above and was told I could not press charged because it was not my jewelry. It was not my bank account. I was told that
"DSS did not go around picking on little old women". It was DSS I was investigated by. So while I was being investigated no one would listen to me. Due to the outrageous sick accusations made by this person. By the time I was cleared I had lost almost everything due to her slander and DSS had guardianship over her.
This is a small town and My family including the cousin that did all this are well known.
She slandered me at the bank so they would not believe me.
She slandered me to all the company's I had business contracts for.
Everyone shunned me! I lost my business accounts.
She had this well planned out.
My mother always told me that she was afraid of what (They) would do to me when she was gone! Never would say why.
I have done everything you mentioned several times throughout the years. I always end up right here where I am!
It is exhausting. Im going full force once again.
This is my last attempt to seek justice for her. At some point I will have to put this to rest. It has consumed me for 6 years.
To this day the ones she slandered me to have not herd my side and still look at me in disgust and shun me.
I have had to leave my home town due to this.

Quote:

Originally Posted by AK lawyer

I wasn't saying that anyone in particular was "rotten". I was merely using an often-quoted line from Shakespeare's Hamlet to suggest that something strange (and probably wrong, illegal, etc.) has happened, which indeed merits further investigation.

I know what you were saying and just confirming indeed. :)

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I did all the above and was told I could not press charged because it was not my jewelry. It was not my bank account.

Who told you this? If a prosecuting attorney did, I might understand it, but it should still have been investigated.

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By the time I was cleared I had lost almost everything due to her slander and DSS had guardianship over her.

That is when you should have filed suit against the cousin for defamation and filed suit against DSS to regain guardianship.

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She slandered me at the bank so they would not believe me.

Banks require proof, Did you challenge them? What, exactly, did she accuse you of?

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She slandered me to all the company's I had business contracts for.
Everyone shunned me! I lost my business accounts.

If you can prove that your contacts shunned you because of the false accusations she made, then you should have filed a slander or defamation suit against her. It might not be too late to do that. I would be most inclined to find a lawyer specializing in defamation suits to handle that part.

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Originally Posted by joypulv

YOU could have stopped all this when it started. How did you let someone tell you that you had to wait until she died. And allow someone to come in and take her jewelry. Were you there????

I'm so sorry.
Something just sounds like it's missing. If no lawyer will take this on contingency, you will have to pay for one.

It was attorneys who said it. I was at work. My house was for sale. She is a Realtor and got in my house via the lock box. I called the police who said I could not do anything because it was not my belongings. There was no forced entry. It was a civil matter. She has confessed to several family members she has it. She claimed she would return it when my mother died to make sure she had a decent funeral. Well she died and she would not turn it over. I just had to cremate my mother against her & my wishes because I could not afford to have funeral services.

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Originally Posted by ScottGem

Who told you this? If a prosecuting attorney did, I might understand it, but it should still have been investigated.

That is when you should have filed suit against the cousin for defamation and filed suit against DSS to regain guardianship.

Banks require proof, Did you challenge them? What, exactly, did she accuse you of?

If you can prove that your contacts shunned you because of the false accusations she made, then you should have filed a slander or defamation suit against her. It might not be too late to do that. I would be most inclined to find a lawyer specializing in defamation suits to handle that part.

It is to hurtful to say what she said and to embarrassing to public post. Lets just say it was very sick!

I know it should have been investigated, Believe me I have tried ! But when I start explaining all this, There is so much more to this story. I am told this just don't happen. Have not even been able to get a police report made. The home and DSS refuse to give me copies of any paperwork. Even though I was cleared. Even though I was next of kin. So I can not lay proof in front of anyone. There is a long paper trail! If I could just get my hands on it!
Thank you for the lawyer advice. Ill give it a try.

All I can say is that I hope you win, and I hope you report her to the Licensing Board of Realtors, and the other woman to the licensing Board of DSS, and win a judgment.
I'm so sorry that you lost the last 6 years.
I wish you had done this differently. E.g., not calling the cops when it's a civil matter. You should have PAID a lawyer right from the start. AND had POA from the start.

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Originally Posted by joypulv

All I can say is that I hope you win, and I hope you report her to the Licensing Board of Realtors, and the other woman to the licensing Board of DSS, and win a judgment.
I'm so sorry that you lost the last 6 years.
I wish you had done this differently. E.g., not calling the cops when it's a civil matter. You should have PAID a lawyer right from the start. AND had POA from the start.

Thank you. You can not get POA over someone who has Dementia with lewy bodies. It came on fast by the time it was confirmed by Dr. She was not able to sign over POA she was deemed incompetent.

At that point you could have been awarded guardianship.

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Originally Posted by NCTOFL

Thank you. You can not get POA over someone who has Dementia with lewy bodies. It came on fast by the time it was confirmed by Dr. She was not able to sign over POA she was deemed incompetent.

As J_9 said, as soon as the doctor declared her incompetent, you should have filed for conservatorship or guardianship (it's called different things in different areas). As her closest relative this would have been a slam dunk for the court, unless someone could prove you incompetent to serve in that capacity.

As joy said, if you had done things differently at that time things might be different now. But I still think the only way is to start with a defamation suit. That seems easy to prove since it would seem you could prove what she said (testimony from your business clients) and that it was untrue (since you were cleared). Once you can prove she lied and slandered you, you may be able to then sue for recovery of what she stole. But suing her and DSS over what she happened to your mother seems a waste of time. At least not until you have a court decision showing what she did to you.

Also, you must remember that the statute of limitations may have expired by now. It is very possible you are out of luck.

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Originally Posted by ScottGem

As J_9 said, as soon as the doctor declared her incompetent, you should have filed for conservatorship or guardianship (it's called different things in different areas). As her closest relative this would have been a slam dunk for the court, unless someone could prove you incompetent to serve in that capacity.

As joy said, if you had done things differently at that time things might be different now. But I still think the only way is to start with a defamation suit. That seems easy to prove since it would seem you could prove what she said (testimony from your business clients) and that it was untrue (since you were cleared). Once you can prove she lied and slandered you, you may be able to then sue for recovery of what she stole. But suing her and DSS over what she happened to your mother seems a waste of time. At least not until you have a court decision showing what she did to you.

She had dementia with lewy bodies for a couple years before I was aware of it. She or her cousin did not tell me. As soon as I realized it this all took place. I had hired help coming in and taking care of her in my home when I worked. It all happened in a matter of weeks. I never thought about running out and getting guardianship never dreamed something like this could happen, She had lived with me since my dad past 17 years ago. If I only knew then what I know now. Called several attorneys today waiting on call backs. Thanks you! Will proceed as you advised.

Good luck and keep us posted.

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Originally Posted by ScottGem

Good luck and keep us posted.

Thank you! No call backs yet. Giving up hope once again. It seems to be a open wound I just cant heal. :(

Just so you know... I knew one wealthy woman this happened to... (she as a multimillionaire) County put her in a home, seized ALL her assets, and her adopted children got nothing, she was so distraught over this she passed away less than a year later in the nursing home, she was highly educated, and sharp as a tack, and was not yet mentally impaired as they claimed... and another elderly woman they TRIED to do this to... because she owned a lot of undeveloped land they wanted that wasn't for sale. Luckily she has family that had resources and were smart enough to fight back hard... she and her family won that one.

Both were in VA.

I have heard of many more....those two were people I actually knew directly.

Again. After 6 years, most likely the statute of limitations has run out.

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Originally Posted by J_9

Again. After 6 years, most likely the statute of limitations has run out.

I have 1 year left. About to just lay it to rest with my mother. I have to start living again and stop letting this wrong consume my soul.

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Originally Posted by smoothy

Jut so you know... I knew one wealthy woman this happened to... (she as a multimillionaire) County put her in a home, seized ALL her assets, and her abopted children got nothing, she was so distraught over this she passed away less than a year later in the nursing home, she was highly educated, and sharp as a tack, and was not yet mentally impaired as they claimed... and another elderly woman they TRIED to do this to... because she owned a lot of undeveloped land they wanted that wasn't for sale. Luckily she has family that had resources and were smart enough to fight back hard... she and her family won that one.

Both were in VA.

I have heard of many more....those two were people I actually knew directly.

Yes same deal & The cousin had swindled her out of property that was very valuable also! My mother was a wealthy woman not a multimillionaire but Very wealthy. Between her cousin and what was taken from her by the county & state, she died with nothing!! Not one dime! I am not even able to lay her to rest next to my father just yet. It will have to wait till I am able. What a coincidence this cousin has ties to VA. Also HMMM??
I real[y wish there was something I could do to make sure this never happened again to anyone!