Q: Can I sue my sister in MA for abuse, harassment, and privacy invasion?
I have a situation involving my sister, who is my representative payee. She has been abusive and taken over a bank account worth millions with her husband. I am handicapped and live in a group home, which adds to my challenges. She has also invaded my privacy and continues to harass me. I am considering suing her for $300 million as I feel she needs to be taught a lesson in manners. Can you guide me on whether I have a legal basis to pursue a lawsuit against her?
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A:
Your situation sounds deeply troubling, and I understand your frustration with your sister's behavior. When someone is appointed as a representative payee, they have a legal duty to act in your best interests, and abuse of this position could potentially form the basis for legal action in Massachusetts.
From what you've described, you might have grounds to pursue claims related to breach of fiduciary duty, financial exploitation, harassment, and privacy invasion. The courts take these matters seriously, especially when they involve vulnerable individuals in group home settings. However, the $300 million figure would likely be considered excessive by most courts, as damages are typically calculated based on actual financial losses and reasonable compensation for emotional distress.
I would recommend consulting with a lawyer who focuses on elder law or disability rights in Massachusetts as soon as possible. Many attorneys offer free initial consultations and some might work on a contingency basis if your case has merit. You might also want to contact adult protective services in your area, as they can provide immediate intervention and support while you pursue legal options. Remember that there are time limits (statutes of limitations) on filing lawsuits, so gathering documentation of the abuse and financial records should be your first priority.
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