my parents are being forced to stay in a nursing home by Protective elder services and a volunteer temporary guardian, the court appointed attorney for my father does not even speak to my father, nor go and see him, the guardian/conservator does not go to see my parents at all and half the time does not even answer the nursing home when they try to get a hold of him. my mothers court appointed attorney does not seem to be defending my mother to her fullest ability. the doctors tests are not true, as my father for one the VA said he did not need to be in a skilled nursing home. these people have made up lies about me, stated they have accusations and complaints against me but will not tell me from whom and that is breaking my rights, my parents do not have any rights it seems
we need help, I have to listen to my mother every night on this she wants to come home and these people are not allowing them. the way they removed my father was illegal, no warning as to them coming and then they stood there and put words in his mouth telling him he wanted to be there when he kept saying he did not. this is unconstitutional and it needs to be stopped this is a corruption that is going on all over this country. they took away slavery long ago and now they have found a way for legal slavery and a way to steal everything you have. it is easy to lie and say someone has dementia . because there is no real proof of the disease. there has to be someone that follows the oath they took and is not in it for the money
You may need your own attorney as an "interested party" to challenge the guardianship which has apparently been imposed on your parents. Certainly you should consult an elder law specialist, which I am not. Your father appears entitled potentially to VA benefits, rather than medicare alone, and there seems to be a house involved. Consult an elder law attorney, now.
The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Mr. Boone is licensed to practice in Massachusetts, before the U.S. Tax Court, and the Federal District Court of Massachusetts. Most initial consultations are free. Further information is available on my profile.
I agree with Mr. Boone. You have to retain your own attorney who will be more responsive to your concerns and zealous in making the best case for you in an adversarial system. Only you can decide whether this is worth the investment. A court appointed attorney will try to do his best to represent you, but has a lot of cases and a big workload, and quite frankly, seems to have decided that your case is not as meritorious as your adversaries.
Somehow, the "system" has concluded that your parents are better served by a guardian rather than you, and you have to do what you can through a more skilled and committed advocate to dispel this perception.
This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of other attorneys on Avvo.com are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue. I can only answer your question based on the brief statement of facts you present in your question which may omit other relevant facts which would be disclosed in an in-person interview. While I attempt to provide reasonable care in answering your questions in an online forum which encourages attorneys to provide brief "off the cuff" responses within several hours of the posting of a question, I cannot perform any further detailed legal research concerning possibly relevant statutory or case law which might apply to your situation that I would normally do in the course of my representation of clients where an attorney-client relationship exists (and you are paying for my services!). You should therefore not rely solely upon legal information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1, available online at http://jackle.bo/_prof ) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".
You can retain an attorney as an interested party. However, as an experienced attorney your questions raises red flags when you say that the doctors report is not true. Why would a disinterested doctor file a false report?