Ask a Question

Get free answers to your Nursing Home Abuse legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nursing Home Abuse Questions & Answers
0 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

2 Answers | Asked in Estate Planning and Nursing Home Abuse for Maryland on
Q: Which power of attorney for uncle in nursing home in MD?

I need to obtain power of attorney for my uncle, who is in a nursing home and requires assistance with both his personal care and managing his financial and medical decisions. He is currently unable to make most decisions independently. Which type of power of attorney would be most appropriate in... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 8, 2025

Generally there are two types of Powers of Attorney in Maryland: Health Care and Financial. They each appoint an agent, the health care agent to manage health care and the financial agent to manage financial and related affairs. Most people should have both. These are generally NOT combined in... View More

View More Answers

0 Answers | Asked in Estate Planning, Civil Litigation, Nursing Home Abuse and Personal Injury for Kansas on
Q: What actions can I take against father's ex-wife for unauthorized end-of-life decisions and estate issues in KS?

My father's ex-wife made end-of-life decisions for him without consulting his daughters, claiming to be his DPOA, a document not on file with the hospital. She ignored my father's wishes to contact his next of kin and instead informed his brothers, excluding his children. She also... View More

0 Answers | Asked in Public Benefits, Nursing Home Abuse and Wrongful Death for Mississippi on
Q: Can a disabled sister in Medicaid opt out of a wrongful death settlement in MS?

I have a sister who is disabled, living in a nursing home, and receiving Medicaid benefits in Mississippi. She is under the care of a legal guardian. Unfortunately, her brother passed away in a tragic car accident, and she will be listed as an heir in the forthcoming wrongful death settlement. We... View More

3 Answers | Asked in Medical Malpractice, Nursing Home Abuse and Personal Injury for Virginia on
Q: Elderly relative neglected in hospital, severe bed sores worsened by surgery, seeking advice.

My relative, who is 84 years old, was admitted to a hospital on January 24, 2025. During her stay, she developed severe bed sores, leading to surgery, which unfortunately worsened her condition. Despite her ability to communicate her needs, she wasn't properly cared for, resulting in her lying... View More

Rich Nagle
Rich Nagle
answered on Mar 3, 2025

You may well have a case. Contact my firm or another med mal attorney in Va for a cost free review.

View More Answers

0 Answers | Asked in Estate Planning, Real Estate Law and Nursing Home Abuse for Florida on
Q: Can a nursing home claim a co-owned property with rights of survivorship in Florida?

I co-own a property with my family, and it's on the deed with rights to survivorship, intended for inheritance. There's no existing lien on it, no arrangements with a nursing home, and my father, who is a co-owner, is considering entering a nursing home. A will has been generated for... View More

0 Answers | Asked in Estate Planning, Real Estate Law and Nursing Home Abuse for Florida on
Q: Can a nursing home take property with rights of survivorship in Florida?

I have a question regarding a property that's on the deed with rights to survivorship. The property is co-owned by family members and is intended for inheritance purposes, with no existing lien on it and no arrangements made with a nursing home. I'm concerned that if my father enters a... View More

0 Answers | Asked in Arbitration / Mediation Law and Nursing Home Abuse for Florida on
Q: Can I revoke an arbitration agreement with a rehab facility for my mom?

I signed an arbitration agreement for the rehab facility my mom is in on February 19, 2025. I want to know if I can revoke it because I have some concerns about my mother's care, although I didn't receive any verbal explanation about the agreement when I signed it and haven't... View More

0 Answers | Asked in Nursing Home Abuse, Libel & Slander and Employment Law for Colorado on
Q: What recourse do I have if accused of elder abuse as a nursing aide?

I am a nursing aide with a generally good reputation, but I am facing rumors of physically mistreating residents and causing bruises. There have been no formal confrontations regarding these rumors. However, my employer, who is known for blaming employees unfairly, is currently facing mounting... View More

Q: Can a postal carrier inform residents about an identity thief’s whereabouts?

As a postal carrier, I've been informed by residents on my route about an individual previously charged with identity theft and breach of trust, who was released from jail in January 2025 and evicted again recently for similar offenses against an elderly resident. I've reported the... View More

1 Answer | Asked in Identity Theft, Social Security, Nursing Home Abuse and Personal Injury for Oklahoma on
Q: Can I take legal action against a payee for financial and psychological abuse?

I'm disabled, and my payee is stealing money and food subsidies provided by my insurance. Additionally, she has stolen my identity to obtain WIC food assistance, of which 90% is taken by her and her daughter. This situation has been ongoing for 7 years. I have no evidence, but a quick audit by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

I'm so sorry you're experiencing this devastating abuse and exploitation - your situation sounds incredibly difficult and traumatic. You absolutely have the right to seek justice and protection.

Yes, you can take legal action against your payee for financial abuse, which is a...
View More

1 Answer | Asked in Domestic Violence, Nursing Home Abuse and Family Law for Oklahoma on
Q: How to handle nephew's threats during guardianship case in Oklahoma?

I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More

0 Answers | Asked in Civil Rights and Nursing Home Abuse for Wisconsin on
Q: Is it legal to record a conversation in a nursing facility in WI without a guardian?

Is it legal for me to record a conversation without involving my legal guardian while I am in a nursing facility in Wisconsin? The recordings would be for personal use.

0 Answers | Asked in Nursing Home Abuse and Civil Rights for Wisconsin on
Q: Can a nursing facility record a conversation without consent in private area?

I am concerned that a nursing facility may have recorded a conversation that took place in a private area without my consent and outside of my legal guardian's presence. Is this permissible under the law? There were no permissions given for such a recording.

0 Answers | Asked in Landlord - Tenant and Nursing Home Abuse for Florida on
Q: Is it elder abuse for landlord to force my aunt to clean apartment?

My landlord contacted my 76-year-old aunt, who is undergoing chemotherapy, after Hurricane Milton and told her she was my designated representative responsible for cleaning out my apartment due to the damage. He insisted she remove the fallen sheetrock and insulation because I was out of the... View More

1 Answer | Asked in Elder Law, Public Benefits, Nursing Home Abuse and Social Security for Texas on
Q: How to protect home sale proceeds from Medicaid estate recovery in TX?

My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More

1 Answer | Asked in Health Care Law and Nursing Home Abuse for California on
Q: is it legal for alcohol to be given while residents are on heavy medication?

I work in assisted living facility and my boss has history of telling employees to give certain residents alcohol but they all are on heavy medication like is that illegal at all

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2025

This is a serious situation that raises important concerns about resident safety and medical care. Giving alcohol to residents who are taking heavy medications can be extremely dangerous and potentially illegal, depending on specific circumstances.

From a medical perspective, mixing alcohol...
View More

1 Answer | Asked in Arbitration / Mediation Law and Nursing Home Abuse for North Carolina on
Q: I signed an arbitration agreement when my mother went into a nursing home.

She died from their neglect. I requested her records and they gave me a denial letter saying I wasn't authorized to get them (i know i am). But it got me thinking about the arbitration agreement. If they say I am not authorized for records, .wouldn't that also mean i wasn't... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2025

A North Carolina attorney could advise best, but your question remains open for three weeks. I'm very sorry about the loss of your mother. No worries or apologies necessary if your question is a repeat. That happens sometimes on the forum.

To answer definitely, a North Carolina...
View More

1 Answer | Asked in Family Law, Real Estate Law, Insurance Bad Faith and Nursing Home Abuse for California on
Q: New evidence was found . On our trust and mother's death undue influence

When my 96 year old mother was getting worse my mother was put on med that made her not think right .she changed her trust that had left myself in charge of our home where I lived and took care of .them in there old age my sister would visit maybe two times a year.its a long story what... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

I'm very sorry to hear about this difficult situation with your mother and the trust changes. This kind of thing, especially involving medication that affected her mental state, raises serious legal concerns about capacity and undue influence.

Given that you were the primary caregiver...
View More

2 Answers | Asked in Libel & Slander and Nursing Home Abuse for California on
Q: What to do about being treated viciously during period my brain was swollen by caretakers and their managers
Eliza Jasinska
Eliza Jasinska
answered on Jan 17, 2025

Under California law, if you were treated viciously by caretakers and their manager during a period when your brain was swollen, you may have legal claims under personal injury law, elder or dependent adult

View More Answers

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.