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I have been trespass warned for no reason at the nursing home were my 26yr old quadreplegic best friend lives,i visit hime every

Sarasota, FL |

i visit him everyday,does he have the right to visitors,is this discrimination,retaliation? ??,i am his main advocate and they are aware i call the state at the dropof a dime if i think ther breaking the law,we need help and my friend now gets to suffer as if his life wasnt hard as it is-paul.tuttle08@gmail.com

Attorney Answers 3

Posted

Yes, he has the right to visitors. I would contact an Elder Law attorney in your area who deals with nursing home litigation. I suspect there is something more to this than you are posting; however, retaliation for filing a report with the Department is serious. It is likely bringing in your attorney will calm the waters and get this to go away.

It would also help if you worked with the facility rather than talking about calling in the state. The old saying you get more bees with honey is true. I find even in some of the lessor quality SNFs in our area when people kill the staff with kindness their loved one gets better care. It isn't the rule or the law; however, we don't live in a courtroom and sometimes you have to suck it up for the greater good.

That said if it is serious and they do not seem to be taking your request serious you should report them. Right now I would recommend getting an attorney to help patch up the trouble with the facility and get back to your friend. He is lucky to have a friend who cares as much as you clearly do.

Legal disclaimer: Jason Waddell provides this information as general advise and recommends consulting with a local attorney as even in Florida matters may be handled differently from jurisdiction to jurisdiction. Nothing herein should be construed as specific legal advise to a specific case . All content is general in nature due to the limited information given to the attorneys. . Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided on Avvo.com or any other law-themed website without first consulting a local attorney. Pursuant to IRS Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code. No information presented by anyone online is confidential in nature, and no online reading or writing will create an attorney-client relationship between you and Atty

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2 comments

Asker

Posted

thank you for your responce,it was the result of me calling the police for my friend to get back his electronic therapeutic chair which the facility locked away in another room and refused access to his private property,all i was doing was calling them for him and the administrator told the police i yell down the halls and that i am disruptive in the facility,retaliation i was issued a trespass warning and the cop did nothing about the chair,god bless and thank you

Asker

Posted

she was also some how aware i took a picture of a wheelchair blocking the fire exit and that i had called the state,that is why i think retailation,I was trespass warned about 3-4hr after i took the picture and called it in

Posted

Agree with Attorney Waddel. Contact an attorney. Your local politician, media, governmental regulatory agency may be interested in the matter. Good luck.

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1 comment

Asker

Posted

thank you for your advice,i contacted the aclu a about these issues as well,i'll pursue a lawyer monday,thank you and god bless

Posted

Other than calling 1800ELDERABUSE for complaints because of your beliefs of how your friend is being treated; I strongly suggest that you immediately go see a local Elder Law attorney in your area. The resolution is hard to determine by the possible lack of information you have in your posting.
See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

Dan W. Armstrong, Attorney
Law Offices of Dan W. Armstrong, P.A.
P.O. Box 1535
Ponte Vedra Beach, FL 32004-2479
(O) 904.280.0058, (F) 904.280.0109

Website: http://www.DanArmstrong.com

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