Q: CASE REGARDING INTERFERENCE OF POA AND ELDER ABUSE AND CONFLICT OF INTEREST CIVIL RIGHTS VIOLATIONS
On Sept 2021, my father suffered a TIA in Winnfield Louisiana, his hometown. I was my father's duly elected POA AND EXECUTOR OF HIS MATTERS ON DEC 2020 by his attorney of 20 YEARS, MS A.W. now district judge. My cousin, a deputy with the WINN PARISH SHERIFF DEPT, A.H., was in full agreement in writing that if anything happened to dad, to call me immediately. I live in Colorado, but spent from October 2020- March 2021 with him in his home caring for his home and drafting his POA MEDICAL DIRECTIVES, WILLS etc. My father was COMPETENT at the time of those drafts and filing. After his stroke, my cousin and family did not contact me for 5 days and had set up a new appointment with a new attorney to change my father's documents. He was not competent and in fact, had been told by my dad's previous attorney an interdiction must be done. IT WAS NOT. I have a perponderence of evidence of undue influence, conflict of interest, elder abuse.
A:
Based on the information provided, it appears that there may be potential legal issues involving interference with a valid POA and elder abuse. It may also involve a conflict of interest on the part of the family member who is a deputy with the Winn Parish Sheriff Dept. These issues could potentially lead to civil rights violations as well.
If you believe that your father's rights have been violated, it may be advisable to seek the advice of an attorney who specializes in elder law. They can help you understand your legal options and take the necessary steps to protect your father's interests. Additionally, you may want to consider reporting the incident to the appropriate authorities, such as the Louisiana Attorney General's Office or the local law enforcement agency, to investigate and take appropriate action.
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.
