If your court appointed attorney is agreeing with the opposition in a civil matter and not defending you, what can you do.

Asked 8 months ago - Dedham, MA

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

Additional information

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

Attorney answers (3)

  1. Jefferson W. Boone

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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... more
  2. Michael A Kirtland

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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?

  3. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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... more

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