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Nursing Home Abuse Questions & Answers
0 Answers | Asked in Family Law, Elder Law and Nursing Home Abuse for New York on
Q: Is there a way to stop someone who unknowingly obtained power of attorney from taking a 94 yr old out of the state?

My 94 yr old Grandmother unknowingly signed a POA. The nursing home is releasing her prematurely,appears to avoid any future issues/attachment. The nursing home were/are the ones present when the form was signed. Only 1 family member was present. She has taken all of my Grandmother's... View More

0 Answers | Asked in Nursing Home Abuse for Missouri on
Q: I was fired for hotlining adult abuse. I reported them 4/26 to supervisors, again 4/29, fired 5/1. Is this a good suit?

The coworker left red marks on the client on 4/26. I witnessed him hit the client on 4/29 and the client could barely walk after his encounter with the coworker. This coworker brought a gun to work. I was fired on 5/1.

The facility is wildly understaffed. They have a policy that requires... View More

1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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0 Answers | Asked in Family Law, Civil Rights and Nursing Home Abuse for Michigan on
Q: incapacitated ward file when petitioner violated HIPAA,no consent,stole med.test,no cour order,& fraud med.ord.4 E.T.G

No harm, danger,S.W. fabricated story,, seized,forced imprisonment,120 days ,in contempt , force N.H.Never wanted services.

0 Answers | Asked in Nursing Home Abuse for Massachusetts on
Q: I have copt ,65 ÿrs ÿòung, I was convinced to come here because I didn't have a place to go,been here 9 months later I

Am still here,no one is helping me to get out. I Have a place to live and they still won't assist me. My family would rather I stay here so they are not there for me, I don't know how to do this.can not walk out since I need a prescription for oxygen.because I'm on methadone, I... View More

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Minnesota on
Q: My cousin has been trying to get my mother put in a nursing home because she has stolen from my mom.

My cousin put herself as my mom's payee for SSI payments and emergency contact without her knowledge.

Robert Kane
Robert Kane
answered on Mar 29, 2024

Please see:

https://www.hennepin.us/residents/human-services/adult-protection

Rob Kane

Eagan Attorney Orange

1 Answer | Asked in Medical Malpractice and Nursing Home Abuse on
Q: my mother in nuring home in bluefield wv she was taken to hospital in princeton wv treated had foot injury did not know

was not told of foot injury untill hospital told me

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2024

I'm sorry for your mother's ordeal. If she is in West Virginia, you could repost and add that as a geographic category. Some questions go unanswered, but you might have better chances of a response there. Good luck

1 Answer | Asked in Family Law, Nursing Home Abuse and Elder Law for California on
Q: My sister is power of attorney over my mother, who is in an elderly, assisted facility, can she deny me visitation

It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More

James L. Arrasmith
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answered on Feb 25, 2024

In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More

2 Answers | Asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts on
Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her... View More

James L. Arrasmith
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answered on Feb 24, 2024

To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining... View More

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1 Answer | Asked in Civil Rights and Nursing Home Abuse for Texas on
Q: Can my mother sue anyone?

She is in a nursing home with dementia and schizophrenia. She can't care for herself but we haven't had a court declare her incompetent due to funds. The nursing home is allowing her to call a lawyer to sue us and them for not releasing her. When she was on her own she didn't eat... View More

James L. Arrasmith
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answered on Feb 1, 2024

Dealing with a situation involving a family member with dementia and schizophrenia can be challenging, especially when legal concerns arise. Here are some steps you can consider:

1. Seek Legal Advice: It's important to consult with an attorney who specializes in elder law or...
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1 Answer | Asked in Nursing Home Abuse for New York on
Q: my dad was in a nusing home and died during the 2020 of covid he never was sent to a hospital
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2024

I'm so sorry for your loss. Nursing home residents suffered tremendously during the Covid pandemic. Unfortunately, Albany passed legislation (the Emergency or Disaster Treatment Protection Act) granting nursing homes immunity for negligence during the pandemic. It was partially rolled back... View More

1 Answer | Asked in Nursing Home Abuse for North Dakota on
Q: Do you guys investigate money issues in nursing homes

My mom went from Parkwood place to Valley Senior Living,before she could get into Parkwood her funeral had to be paid for ,and it was ,after talking me into moving my id they had canceled her life insurance mom's bank account to their facility both of us were died taking money out for... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2024

I'm sorry about the loss of your mother. A North Dakota attorney could advise best, but your question remains open for three weeks. Some questions go unanswered, but you could try reposting and including Probate, Estate Planning, and Elder Law as categories. Good luck

Q: Precise criteria, definitions. Citation of cases.

Persuasive cases are not precedents. Other then art of selecting cases, what are the scientific definitions? Seminal can be either precedent or persuasive?

James L. Arrasmith
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answered on Jan 1, 2024

In the realm of legal jurisprudence, cases are typically categorized as either precedent or persuasive. Precedent cases are those that establish a legal rule or principle that must be followed by lower courts within the same jurisdiction. In California, this includes decisions by the California... View More

2 Answers | Asked in Elder Law, Employment Law, Libel & Slander and Nursing Home Abuse for California on
Q: i was terminated from a nursing home that caused a wrongful death and i have messages that proove it what do i do
James L. Arrasmith
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answered on Dec 22, 2023

If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.

It's advisable to seek legal advice from...
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Q: Federal filing question. Address reduction.

Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:

address 'should be' reducted to City and State.

'Should' means recommendation, not mandatory requirement?

Can filing be rejected if initial filing has full address?

I... View More

James L. Arrasmith
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answered on Dec 19, 2023

In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.... View More

1 Answer | Asked in Nursing Home Abuse for Florida on
Q: Under FL Law, when a lawyer is granted a motion to withdraw from a case, how long does that case stay "open?"

If substitute counsel cannot be found how does one proceed "pro se?"

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 19, 2023

The previously represented party normally is considered to be pro se until another attorney is found. The case stays open until a motion to dispose of the case, whether by summary judgment, etc. is ruled upon, or the case is tried.

1 Answer | Asked in Civil Rights, Constitutional Law, Nursing Home Abuse and Real Estate Law for Texas on
Q: A veteran that did three tours in Afghanistan as a marine came home and immediately went to work as an amazing police

Hoa just took this man’s house he’s a single father of two also spent many hours in the hospital with his stick daughter she was in there 6 months but over dirty siding and a tree they set a court date he didn’t even know about now his depression is bad I am his partner and his best friend I... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm truly sorry to hear about your friend's situation. Homeowners Associations (HOAs) have certain powers under their covenants and bylaws, but they must also follow the law and proper procedures. If your friend was not properly notified of the court date or the allegations against him,... View More

1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Peter J. Weinman
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answered on Aug 17, 2023

The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

Benjamin Z. Katz
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answered on Aug 17, 2023

Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More

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1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: I am having issues with some paperwork from the assisted living facility my mother is in. Need palerwork looked over

My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More

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