I'm in the middle of a Guardianship case for my father. Another relative objected the petition, so we are going to trial. My father has dementia & suffered a brain hemorrhage. So far it has been reported to the court that this other relative has refused to take my dad to a neurologist & he has had a brain hemorrhage! The court had to force her to do so. An emergency hearing was done & order came out of it that states she is to consult w/family members in regards to medical decisions & she has violated this order. A motion for an emergency hearing has been filed for the 2nd time stating this other relative is making poor decisions regarding my father's health. She has also taken about 50k from my father's account as well as other things such as "self dealing." I'm appalled at the legal system in Stafford, VA. Even though these crimes have been documented this person is still in charge until the trial comes. She has been reported to APS several times! My question is: Since the legal system in this area is not doing anything when the trial is over, is there anything I can do? Can I hire a criminal lawyer to go after her? Or is there a state or federal entity that I can go to?
It sounds like you have a lawyer who is pushing hard for you; I've had similar tough cases and get frustrated in situations like this.
I would suggest making a formal complaint to the adult abuse hotline - you can learn more and get the number here: http://www.dss.virginia.gov/family/as/aps.cgi.
Unfortunately, even 200 miles away I have not heard anything competent about the Stafford County Adult Protective Services department but have heard complaints.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
I'm sorry for what has happened. Have you applied for guardianship? If not, please consult a guardianship attorney and provide him/her with all of the facts. Only the guardian of the person will have the legal authority to bring an action against the relative.
Dealing with the court system is frequently frustrating and even "emergency" hearings take way too long, especially when there are life and death issues at stake... It sounds to me as if you're doing what needs to be done...
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.
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