My husband and caregiver are being falsely accused of elder abuse by a family member. A complete physical was performed, and the elder is fine. The medical report was taken to the local sheriff's station so they could come to the home to assess her as well. There were no findings. The documentations were mailed to the accuser.
These false accusations are being made because the accuser wants to move into the home, to 'properly' take care of the elder. In reality, the benefit would be to live rent-free and have unlimited access to the elder's money. Not to mention, the accuser came to the house and attacked one of the family members currently living in the home, where the elder also resides. Should a restraining order be done?
It sounds as though for the safety of your entire family, a restraining order may be necessary. Look for an attorney in your area who handles domestic violence cases.
Because of all the moving parts, and the involvement of law enforcement I would very strongly suggest that you hire a lawyer to represent you in this matter. You are going to need someone to make a clear record of what has transpired and to figure out what should be done going forward. Because of your concerns about the actions of the interloper, I strongly recommend having counsel intervene at this point. Look above under the Find a Lawyer tab to get someone who can help and do it very soon.
Every thing that I am saying here is my opinion and it is not based on any particular case. My response is just unsupported general information. If it helps you to resolve an issue that's great but do not rely on it as legal advice because it is not based on the facts in your case and it is not based on any specific legal research. Answering this question creates no relationship between the writer and reader of the writing. I am not your attorney now, nor have I been on the past. If you just want to comment please do that on AVVO where the price is $0.00. I do typically respond to all AVVO comments.
I agree with my colleagues. Additionally, if your husband has not established his authority as caregiver by means of a conservatorship of the person or a power of attorney, he should do so.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
I think a key issue is the competency of the elder person and his or her view of "family member". If the elder is competent and wants the person to come into the home, you may have a problem restricting him or her. If the elder person is competent and agrees to keep the family member off the property, then the elder person can set parameters which caregiver can follow. The problem is if the elder person is incompetent to manage his or her own affairs and is subject to being financially exploited. If that is the scenario, the caretaker or some other party of interest may want to file to be the elder person's guardian. There is a lot of information to consider before this is done, and a consultation with an attorney is strongly advised.
Physical abuse and financial abuse are two separate animals. It sounds like authorities have concluded there is no physical abuse. On the financial side of things if your elder is competent, he can execute powers of attorney for health care and financial management naming your husband or whoever he wants as his agent. Just remember that whomever he names is a fiduciary, meaning the money being managed belongs to the elder, and the agent has to manage the money for the benefit of the elder, not for the benefit if the agent. If the elder is incompetent you need a conservatorship with the caveat that an elder who is competent can stipulate tto the conservatordhip. You should really take advantage free consultation with an elder law attorney who can help you move foward with a course of action in the best interests of your elder.
Disclaimer: Priscilla Madrid is an Elder Law, Estate Planning and Litigation attorney licensed in the state of California. She has a legal masters degree in estate planning and elder law and is a member of the Amercan Board of Trial Advocates with over 25 civil jury trials to verdict. This answer is for general information only based upon the facts stated in the question and does not create an attorney client relationship between Priscilla Madrid, Madrid Law Group, you or any other person. Any information or response to your question is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Therefore do not send or communicate any confidential information to us as it will not be treated as confidential until such time as an attorney-client relationship has been established.
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