Q: If a 90 yr old male asked for a kiss from caregiver would she be able to sue for sexual harrashment?
She wanted his house and he wanted to sell it...after the incident happened I was told a couple days later and I took my dad out of the situation. .this happened around middle of January 2017 and Jan 17th I moved him in with me...she claims his advance has mentally disturbed her for she was rapped twice in pass...but why wait over a month to see a lawyer about charging him with sexual harrashment. ..the more he wants to sell the house it seems she is just plain mad she's not getting it...my dad would never have meant any harm to her and was I think confused with his feelings since he lost his wife of 67 yrs that october...she took care of my mom for 8 months before she passed and never had a complaint about dad doing anything towards her...she also had taken over the family trust I sudden was taken off and she was put on...after dad came to live with me he wanted her off and me back on. I think this upset her and maybe making this bigger than it is...please help
A: It really depends on the facts. If it was a single attempt from a man with limited mental capacity due to old age or dementia, I don't see a case there. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: I agree that I do not see any sexual harassment. But I wanted to also answer to let you know that there may be an element of elder abuse going on here with the caregiver. First of all, she has no right to weasel her way into trying to buy his house. Secondly, she should never have been put in a position of a fiduciary over his trust. It sounds like a case of undue influence, and possibly fraud. You should contact a lawyer who focuses on elder abuse cases right away.
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