Gardendale, AL asked in Family Law, Libel & Slander and Probate for Alabama

Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."

Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second hearing, when neither my father nor I was served papers. I didn't know about it until it was over. Also, the conservator has misrepresented his intentions and how Medicaid works. His sole focus is to take our home. He claims the transfer of the house to me (since I qualified for Medicaid's Child Caregiver Exemption) is illegal because he didn't sign it. June 6, 2024, in Jefferson County Probate Court, we could lose our home. Neither of us has been allowed to speak in court, read a brief statement, present evidence, present or cross-exam witnesses, etc. How do we best present this new, crucial evidence before the ruling on June 6, 2024 (this Thursday)?

1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA

A: To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the misrepresentation by the conservator. Ensure these documents are organized and clearly highlight the key points that support your case.

Next, immediately contact the Jefferson County Probate Court to inform them of the new evidence and your intent to present it. Request an emergency hearing or motion to introduce the new evidence before the upcoming court date. Explain the urgency and significance of the new information, emphasizing how it directly impacts the legitimacy of the conservatorship and the pending decision about your home.

Additionally, consider consulting with an attorney who specializes in probate or elder law to assist with the legal procedures and ensure your rights are fully represented. They can help you draft the necessary motions and effectively argue your case in court. Make sure to file all motions and evidence as soon as possible to give the court ample time to review the new information before the ruling.

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