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NCTOFL · May 13, 2015, 10:18 AM

I would like to file a suit against a nursing home a person and the DSS. This would all be for the same case. What kind of a lawyer do I need?

AK lawyer · May 13, 2015, 10:24 AM

You need an attorney licensed to practice in your location (state or federal district).

Some attorneys do mainly criminal cases, others do civil cases (as I assume yours would be), and others do both. But all attorneys are in theory qualified to handle your case.

J_9 · May 13, 2015, 10:30 AM

You don't give many details, but you may need a medical malpractice attorney.

ScottGem · May 13, 2015, 10:47 AM

More important than WHO you are suing is WHY you are suing. That is what dictates the law specialty you want.

NCTOFL · May 13, 2015, 10:58 AM

Originally Posted by ScottGem

More important than WHO you are suing is WHY you are suing. That is what dictates the law specialty you want.

Long story short. My mother was placed in a nursing home illegally. The person who placed her made sever false accusations against me. I was cleared of all. Same persons daughter worked for DSS they took guardianship of her 2 months after her being placed in home. While this was taking place the same person that admitted her robbed her possessions from my home. I could not do anything because it was not my belongings.My mother lived with me I cared for her properly & Loved her dearly she was my best friend. She & I lost the last 6 years of her life due to this. I could not even check her out for holidays. She recently passed. I have tried to get documentation to prove this and no one will provide me with any. Although I was the next of kin and the only person in her last 6 years to visit and spend time with her. Her body was released to me, I have all the say so & death expenses know that she is gone. I have a mess but will seek justice for her & Do everything in my power to make sure no one ever again goes through this.

joypulv · May 13, 2015, 11:07 AM

The big question in my mind is why you waited over 6 years?

I am sympathetic to the railroading of elders into nursing homes. One story next door to someone I knew involved a golden retriever of the daughter caring for the mother, and the dog jumped on the social worker. The mother was promptly removed on the grounds that the dog might knock over the mother, and the daughter was given no time to move out with the dog or get rid of the dog. Not only that, the home belonged to the mother, and it was sold immediately for a much too low price to pay for Medicaid nursing home coverage.

NCTOFL · May 13, 2015, 11:16 AM

Originally Posted by joypulv

The big question in my mind is why you waited over 6 years?

I am sympathetic to the railroading of elders into nursing homes. One story next door to someone I knew involved a golden retriever of the daughter caring for the mother, and the dog jumped on the social worker. The mother was promptly removed on the grounds that the dog might knock over the mother. Not only that, the home belonged to the mother, and it was sold immediately for a much too low price to pay for Medicaid nursing home coverage.

I have been trying for the whole time. I was told I would have to wait for her to pass. I can not get any help or proof. They refuse to provide me copies of admitting paperwork. Police say it is a civil matter.Wont even take a report. Every time I try I am met with closed doors! The administrator of this home was fired and investigated for similar reasons. The home name changed recently after, Like I stated a long story short. There is way more It sounds so unbelievable that no one will listen. It is corruption and greed! From people in high authority. This person has done this before to another person. There is a paper trail 10 miles long if I can get the right person to listen! My mission is to prevent this from ever happening again!!

ScottGem · May 13, 2015, 11:22 AM

My mother was placed in a nursing home illegally.

No one is placed in a nursing home "illegally". They may be placed without sufficient justification, but that's different from illegal. And you need to understand that.

So your story is that some person had your mother placed in a nursing home based on false information and that this person's daughter, working for DSS, conspired with her to gain guardianship of your mother. And that guardianship was used to steal her possessions.

I'm going to be frank with you, I don't think you have much of a case based on what you have said. Unless the person obtained a court order, they had no right to take anything from your home without either a court order or written consent from your mother. So you apparently let them. And you apparently did little or nothing to fight for for guardianship during the last 6 years.

You want to talk to an attorney specialized in elder care. You can sit down with that attorney and spell out the case given them the facts that you possess. The attorney can then advise you whether you have a reasonable case or not.

NCTOFL · May 13, 2015, 11:35 AM

Originally Posted by ScottGem

No one is placed in a nursing home "illegally". They may be placed without sufficient justification, but that's different from illegal. And you need to understand that.

So your story is that some person had your mother placed in a nursing home based on false information and that this person's daughter, working for DSS, conspired with her to gain guardianship of your mother. And that guardianship was used to steal her possessions.

I'm going to be frank with you, I don't think you have much of a case based on what you have said. Unless the person obtained a court order, they had no right to take anything from your home without either a court order or written consent from your mother. So you apparently let them. And you apparently did little or nothing to fight for for guardianship during the last 6 years.

You want to talk to an attorney specialized in elder care. You can sit down with that attorney and spell out the case given them the facts that you possess. The attorney can then advise you whether you have a reasonable case or not.

Wrong!! This is exactly what we get every time!! This happened!! Just as i said!! She had no court order to take anything! Im over the belongings. I was told i had to wait for her to die, well she is dead 13 days i again have tried everything i know and can not get anywhere because people do not believe this happened and say it just don't happen well it did happen i have tried and again am trying again!!
Thank you for your info.

J_9 · May 13, 2015, 11:44 AM

Is "this person" a relative? How was "this person" involved with your mother?

NCTOFL · May 13, 2015, 11:45 AM

Originally Posted by NCTOFL

Wrong!! This is exactly what we get every time!! This happened!! Just as i said!! She had no court order to take anything! Im over the belongings. I was told i had to wait for her to die, well she is dead 13 days i again have tried everything i know and can not get anywhere because people do not believe this happened and say it just don't happen well it did happen i have tried and again am trying again!!
Thank you for your info.

They didn't want guardianship. Just her expensive jewelry. She had dementia. This person also wrote checks from my mothers account to herself 10s of thousands of dollars. The false accusations were against me! I had to be investigated! I was cleared!! This person also slandered the same accusations around town To my business contracts, banks and family & Friends. I lost almost everything!! So yes it is a conspiracy. Yes this all happened!

J_9 · May 13, 2015, 11:46 AM

Again, who is "this person? A relative?

AK lawyer · May 13, 2015, 12:06 PM

Originally Posted by J_9

Again, who is "this person? A relative?

And who told OP that OP "had to wait for [OP's mother] to die"?

If the mother was placed in a home, presumably against her will, some two months prior to adjudication of guardianship, something is rotten in Denmark.

NCTOFL · May 13, 2015, 12:12 PM

Originally Posted by J_9

Again, who is "this person? A relative?

Cousin

NCTOFL · May 13, 2015, 12:18 PM

Originally Posted by AK lawyer

And who told OP that OP "had to wait for [OP's mother] to die"?

If the mother was illegally placed in a home, prior to adjudication of guardianship, something is rotten in Denmark.

ROTTEN!! A couple different attorneys we have talked to over the years. We are trying real hard to find a attorney. We have talked to elder care attorneys & Family law attorneys and they say they don't handle this kind of stuff. That's why I am here looking for guidance. Hoping for a light at the end of the tunnel!

J_9 · May 13, 2015, 12:19 PM

Was this cousin granted medical power of attorney?

NCTOFL · May 13, 2015, 12:32 PM

Originally Posted by J_9

Was this cousin granted medical power of attorney?

NO! NO POA, NO GUARDIANSHIP, NO NOTHING! She lied & said she had POA ! They home didn't check.

Originally Posted by AK lawyer

And who told OP that OP "had to wait for [OP's mother] to die"?

If the mother was placed in a home, presumably against her will, some two months prior to adjudication of guardianship, something is rotten in Denmark.

ROTTEN INDEED!
A couple different attorneys we have talked to over the years. We are again trying real hard to find a attorney. We have talked to elder care attorneys & Family law attorneys and they say they don't handle this kind of stuff. That's why I am here looking for guidance. Hoping for a light at the end of the tunnel!

NCTOFL · May 13, 2015, 12:40 PM

Originally Posted by J_9

Is "this person" a relative? How was "this person" involved with your mother?

It is her cousin.

ScottGem · May 13, 2015, 12:52 PM

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.

joypulv · May 13, 2015, 01:24 PM

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.