I have legal guardian ship of my brother with a diagnosis of mental retardation. He attends a day habilitation program.

Asked over 2 years ago - Mobile, AL

The director of the facility did an interview with him without the knowledge and permission from his legal guardian and puts an article in the local newspaper of his past life before the guardian started taking care of him. They put a picture in the paper and told things that were confidential. They also gave false information in the article of services that they provide for the individual that they do not provide. The reason for the article was to get local businesses to give money to the facility. I feel that this is exploitation to benefit the facility. What legal actions can be brought against this facility?

Attorney answers (2)

  1. Marva Lynn Wiley

    Contributor Level 10

    Answered . You should review any registration documents you signed to ensure that you have not signed any waivers that would allow the facility to utilize your brother's likeness. Beyond that, if you have a cause of action you would certainly need the assistance of a lawyer because this is not a black and white issue.

  2. Alexis B. Kaplan

    Contributor Level 7

    Answered . Depending on the scope of your Guardianship, you may be able to bring a lawsuit on your brother's behalf against the facility and any other responsible parties. You should speak to a lawyer to discuss all of the issues involved.

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