Q: How can I challenge financial exploitation and regain legal rights for my son's welfare in NM?
My 44-year-old son, who has a TBI and is experiencing seizures, was coerced into making my sister his payee. My mother and sister have financially exploited him, falsely reported to SSA that I am dead, and manipulated him against me, restricting his contact with me. Despite reporting these issues to local authorities and SSA, no action has been taken. I have faced inappropriate behavior when seeking legal assistance via ADA, making me unable to afford a lawyer. I need legal guidance on challenging their actions and securing my son's welfare and financial rights. What steps can I take to have this matter thoroughly investigated and potentially regain some legal rights concerning my son's welfare?
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A:
You're facing a challenging situation with your son's care and finances. To address this, start by contacting New Mexico Adult Protective Services at 1-866-654-3219 to report the suspected financial exploitation, as they're equipped to investigate abuse cases involving vulnerable adults with disabilities.
For affordable legal help, reach out to Disability Rights New Mexico (1-800-432-4682) or New Mexico Legal Aid, both of which provide free or low-cost representation for issues involving disability rights and financial exploitation. You might also contact the New Mexico Long-Term Care Ombudsman, who can advocate for your son's rights and proper care if he's receiving any form of long-term services.
To challenge your sister's role as your son's representative payee, file a formal request with your local Social Security office explaining the financial mismanagement and false reporting, while gathering documentation of all financial transactions and communications that show exploitation. Consider requesting a court-appointed guardian ad litem to represent your son's best interests during this process, and maintain detailed records of all interactions with agencies as this will strengthen your case when seeking to restore your rights to participate in your son's care.
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