It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More
answered on Feb 25, 2024
In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More
Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?
answered on Jan 1, 2024
In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More
answered on Dec 22, 2023
If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.
It's advisable to seek legal advice from... View More
Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:
address 'should be' reducted to City and State.
'Should' means recommendation, not mandatory requirement?
Can filing be rejected if initial filing has full address?
I... View More
answered on Dec 19, 2023
In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More
They failed to offer her a new P.O.L.S.T. form upon admission after her Hernia surgery. This form would have given her the option to be resuscitated. She was found unresponsive, and they did not resuscitate her. Spoke to director who admitted that they made a mistake about not having her complete... View More
answered on May 23, 2023
I'm sorry for your loss. Yes, the way to evaluate whether or not you have a viable case for neglect is to have it reviewed by a lawyer with experience in those cases. Even though there may be an issue around the POLST, it doesn't automatically mean the case is viable. The actual cause of... View More
answered on May 21, 2023
You appear to be asking a question about a pending case. The people responding to the questions on this website are usually attorneys, not soothsayers. So far we cannot predict the future, we can only give reasonable alternatives once we are provided with all the information. Just citing the case... View More
The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... View More
answered on Feb 5, 2022
Take her to a doctor for a thorough examination and professional documentation of her injuries. Call the police and report suspected Elder Abuse. Talk to an attorney about a possible lawsuit.
Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.
answered on Jan 13, 2021
The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... View More
My mother has been living in a senior living apartment home as a tenant. Three days ago, she slipped on the floor in the bathroom and pulled her emergency cord that is supposed to directly ring the local fire department for emergency help. However, after she pulled the cord for 30 minutes, no help... View More
answered on Nov 24, 2020
Contact an attorney. Do you have any evidence that the Landlord knew that the cord didn't work. They should have some policies in place to avoid such a situation. Like a weekly test of the system, etc..
I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... View More
answered on Sep 19, 2020
Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... View More
answered on Feb 16, 2020
There are attorneys who specialize in nursing home litigation. That is what you should be seeking. If that is not a category, then you can find one doing a search on DuckDuckGo.com (which doesn't track you the way g***le does).
My grandmas conservator is abusing her I have been watching her recklessly spend 200,000 plus dollars but mostly they have almost killed her. She over the past year has fallen many times . She has broken many bones. The latest fall fractured her hip in many places and broke her arm in half. I... View More
answered on Oct 5, 2019
Contact your local Adult Protective Services office and also hire a different attorney.
answered on Mar 25, 2019
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.
A motion is filed within a probate case that seeks some specific relief.
Linda was a patient at Kaiser in Sacramento from Sept 24, 2017 till the beginning of June 2018. The beginning of June, Kaiser discharged Linda without my consent and without my knowledge to a care facility in Oakland, CA. Kaiser did not contact me about her discharge nor ask me where I wanted her... View More
answered on Nov 27, 2018
You should be asking Kaiser and the care facility in Oakland these questions.
can't remember how she got them. Would this sink any case I brought against the nursing home?
answered on Oct 6, 2018
No it’s not necessary if she remembers how she got the sores. In most cases involving a lawsuit against a nursing home the person isn’t able to remember or has unfortunately passed away. The most important piece of evidence will be your mom’s medical records from the facility and what they say.
answered on Sep 21, 2018
Whatever the resident needs to prevent them from falling because there is no one size fits all solution to falls. State and federal regulations require the nursing home to provide the care and assistance needed by the resident to meet their needs. Sometimes bed alarms work. Sometimes they... View More
I have become handicapped in this time, there is alot of abuse verbal and physical I have nothing he has taken everything from me
answered on Aug 27, 2018
I advise you reach out to Adult Protective Services:
http://www.cdss.ca.gov/Adult-Protective-Services
And if you reside in the same home, it's probably an eviction action that he'll need to pursue. If you aren't married, you'll want to consult with an elder law attorney for options.
answered on Jun 5, 2018
It depends. If the nursing home resident is living, then usually that person is the only person who can bring a suit for nursing home neglect or abuse. If the person has died as a result of poor treatment, and there is a case for wrongful death, then California law requires that certain heirs be... View More
answered on May 11, 2018
1. If her dementia is severe enough, you could apply to the court to become her conservator. 2. You could report suspected elder abuse/neglect to the appropriate agency in the county in which it happened.
I had concerns about one my previous caregivers and asked my mentally disabled elderly client questions. One of my questions was "Has the caregiver ever made you feel uncomfortable in the shower?". The client answered yes and said the caregiver was messing with her "down there"... View More
answered on Apr 19, 2018
more info needed
in my opinion that was not coaching but rather concern for the well being of someone that may not be able to take care of themselves
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.