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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111469
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Do I have any legal action against a caregiver or her agency that take

Customer Question

Do I have any legal action against a caregiver or her agency that takes my wife out of our home for a visit to doctor's office & does not return her to me, instead drops her off at daughters house without my consent & has not returned in over 3 wks, with all services transferred their without consultation on any future plans for her. I am spouse of 33 yrs. and retired early to be my wife's caregiver 24/7 until I finally got a little help for respite. Thanks for your time, Ed.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the caregiver has taken your spouse from your home and fails to return her, it could potentially be deemed kidnapping. In order to prove kidnapping, you have to prove that you were properly caring for your spouse and there was no neglect or abuse involved. You can start in that case by filing a complaint with the police. Your second remedy is filing a complaint with Adult Protection Services (http://www.myflfamilies.com/service-programs/adult-protective-services).
Your final recourse to get your spouse back would require you to obtain a local attorney and file a petition for guardianship of an adult. An attorney is required under FL law (if you cannot afford one you can check with legal aid or call the FL bar and ask for the pro bono attorneys in your area for representation) to petition for the adult guardianship. In that court case you have to prove you are able to care for her needs and have been providing necessary care. Upon presentation of such evidence to the court, the court would award you legal guardianship/conservatorship and order her returned to you.
Upon proving your case, you can then sue the caregiver and the agency for interfering with your custody of your spouse and seek damages from them including attorney's fees you have incurred.

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