Asked in Legal Malpractice for Washington

Q: A caregiver arranged for an attorney to be in the house, my mom Could not of made this request.

My family (Long Distance) made numerous APS / Police calls (Not paying taxes), they called the healthcare agency regarding abuse, and agency began to accuse me falsely (a bump on the head, was a medical shunt) My schedule was released, Agency caregiver called family, and an attorney entered the home. Was this visit / information that he obtained legal? Especially if a deed/will change happened. I believe my family ( i.e. taxes ) will want to prove financial abuse/elder abuse (using her house) to stop my inheritance, a will existed. By having her home, Aide & Attendence, I saved money for her estate. My mom could not of requested any of this, mentally. I was DPOA, there were no challenges, she wasn't removed, etc. later I realized agency was working in the house w/o a current contract w/me. The damages due to these allegations have been psychological, emotional, (And More) now possibly financial. Is this a bar complaint for the attorney secretly being in the house.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: Suggest you speak first with an elder law atttorney as they can sort out some of the issues that underlay what happened.

The attorney who came should not have changed the will unless your mom was competent and asked him. That sounds like it could be borderline to wrong. Unfortunately you don't get recovery for APS going a bit over as I see it.But start with an elder law attorney. They should be board certified in Elder Law. You will have to pay them by the hour. So write out what happened when as best you can recall, in the order things happened.

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