Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question and I'm very sorry for the trouble that you've experienced.
You certainly have the right to file a complaint against this social worker with the State Department of Social Services, which will give you a chance to have this reviewed at the state level by unbiased individuals/investigators instead of someone local. Here's a link to where you can file a complaint: http://www.cdss.ca.gov/cdssweb/PG22.htm
That would be the first thing to do as she's not going to get any discipline from the local level, apparently.
Also, it is possible to file a civil lawsuit against the business, the employees and the social worker for defamation of character if you can prove that they knowingly made false representations about you at the gym and also when these reports were made to the Adult Protection Services. If you want to go that route, you should consider consulting an attorney in order to properly file your claim.
However, as an initial matter, the formal complaint to the Dept. of Social Services is likely the best place to start.
Sorry - one more thing..... you have the right to file a formal complaint with the Dept. of Social Services for the facility as well. Here's a link for you: http://www.ccld.ca.gov/PG408.htm
Thanks for your question, and please let me know if you need anything further.
One other thing, Nancy ----- sorry, for the piecemeal response!
You are exactly right that the POA doesn't make your sister the guardian or decision maker over your mother. In fact, MOST POA's are only allowed to go into affect when the person becomes mentally incompetent. I know you said your mother has trouble communicating verbally, but that doesn't mean her mind is incapacitated. Thus, it may be that your sister has absolute no rights at this point.
You didn't ask about whether your sister was in the right, but I wanted to mention this just as a side note.
Thanks again for allowing me to assist and please let me know if you need anything further.
Have a good day!
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