Get free answers to your Nursing Home Abuse legal questions from lawyers in your area.
Your current state is Ohio
I am fairly certain that I have an open & shut case.
In Louisiana
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jul 15, 2024
A Louisiana attorney could advise best, but your question remains open for a week. There are attorneys who deal with nursing home matters, one of the categories you chose for the question. That could be a starting point in your arranging a free initial consult to discuss further. Good luck
category of medical malpractice
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jul 2, 2024
In California, administering a chemical restraint to a patient without informed consent can indeed be considered medical malpractice. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause harm to the patient. Failing to obtain... View More
executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 29, 2024
This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:
1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse.... View More
I have power of attorney over my fathers healthcare and my brother who lives in my fathers home and has no job for 14 years is saying he doesnt have to answer to me when it comes to my fathers care what can I do?What are my options? My brother says if the doctor wants any answers from him or for... View More
Why would supervisor tell me regional office suppose to send it. From Feb. 9,2024 to May 2024?
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
answered on Jun 1, 2024
A Texas attorney could advise best, but your question remains open for a week. It's possible she could, but an attorney could advise more definitively after learning about the nature of the misleading actions (fraud, misrepresentation, etc.). One option could be for your sister to try to... View More
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
My cousin put herself as my mom's payee for SSI payments and emergency contact without her knowledge.
![Robert Kane Robert Kane](http://justatic.com/profile-images/935759-1693249816-sl.jpeg)
answered on Mar 29, 2024
Please see:
https://www.hennepin.us/residents/human-services/adult-protection
Rob Kane
Eagan Attorney Orange
was not told of foot injury untill hospital told me
![Tim Akpinar Tim Akpinar](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
![Jonathan R. Ratchik Jonathan R. Ratchik](http://justatic.com/profile-images/1246122-1597874053-sl.jpg)
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
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](http://justatic.com/profile-images/1223027-1537137006-sl.jpg)
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
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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... View More
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
If substitute counsel cannot be found how does one proceed "pro se?"
![Terrence H Thorgaard Terrence H Thorgaard](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
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.
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 James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
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
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 Peter J. Weinman](http://justatic.com/profile-images/1494534-1686235411-sl.jpeg)
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?
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 Benjamin Z. Katz](http://justatic.com/profile-images/1226591-1573510567-sl.jpg)
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
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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.