I'm a licensed clinical professional counselor in Kansas. I had a mother of a 30 year old man file a complaint against my license in her son's name. The son was my patient. He was his own guardian. The son was not in agreement with the complaint nor did he file one. The complaint primarily centered around the fact that I gave my client paperwork to revoke a Durable Power of Attorney that his mother had on him and she was using improperly and was functioning not in his best interest. I was counseled by the state licensing board's staff person that handled clinical professional counselors in how to do this and do so as he had directed. Yet in the end this was the primary issue by which the board felt that I had entered into a dual relationship as if I had functioned as this person's legal counsel. The complaint resulted in an probation agreement between myself and the state board. Essentially I get a year of supervision and have to attend 3 additional hours of ethics CEU's. I've been told by numerous people that all of my actions involve normal case management issues. I want to sue the state board or the staff person that advised me and the investigator. Can I do that?
You practiced law without a license. Your licenser of s one issue, but you may also face criminal charges for practicing law without a license.
Do you really want to stir the pot?
It sounds like they were fairly kind to you.
Every situation is different, it is important to discuss your legal issue with a knowledgeable attorney in your jurisdiction.
Each state has its own guidelines as to what is 'practicing without a license' but what you did here is pretty clearly that as noted in the other answer.
You are a licensed COUNSELOR not a licensed ATTORNEY .., You can't be providing legal advice or providing legal forms and 'help' or make determinations like 'his mother wasn't acting in his best interest' .... All that may be true, and I can't say you did your patient harm, but you should perhaps develop a relationship to refer such situations to a nearby attorney for legal help. At the same time you can consult with this local attorney to determine if KS has any 'special rules' that might apply.
It seems like it would benefit you to discuss this with a local licensed attorney to determine how to avoid this sort of situation in the future,
This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements