My 85 year old mother an d i are residents of Stratford Place Apts. in Adrian MI- a complex designed for those aged 55 and older. The complex is owned by Buckingham Corp. of Indianapolis IN and managed for them by Ms. Gina Mercer.We have resided here since 11/16/2009. Since then Ms. Mercer has at least three times demanded conferences with my mother (she's considered head of household) to either sign documents, discuss pets and paymnt for them, and another matter which I'm not sure of the subject. Each time, Ms. Mercer was advised by me that my mother was too ill to tolerate meetings ands in no position to understand documentation of any sort. Ms. Mercer came to our apartment- the day my mother was preparing to eneter the hospital and demanded that my mother sign two additional documents for her. At no time has my mother been in any shape to execute or understand Ms. Mercer, etc., I'll give more detail if you like if the system allows it later. is there a crime here?
State/Country relating to Question: Michigan
MOther suffers from cancer and some emotional problems. I consulted Adult Protective services and they have recorded my statement and advised we make this a police matter and seek at least some basic legal counsel. At this point, I can tell you that Ms. mercer is an abusive individual. She has neverr paid heed to my requests to return to speak with my mother after recovery on any matters needing attention. None of the matters in question were of an emergency nature and could well have waited until Mom recovered. The doctor decided he couldn't go ahead in my Mother's case as a direct result of her being so disturbed by the treatment the management here gives her. Ms. Mercer has threatened me with law suits, etc., should i remove my mother from here, etc., She's asked for another meeting with my mother, but I'll not allow it because mother has been left fragile emotionally mby this woman and her tactics.
One other item- Ms. Mercer knew full well of my mother's state at move-in. Yet she persists in hassleing Mom. Mom is also 90% deaf and I've never been allowed by Ms. Mercer to receive information and communicate by sign with her so mom could have an understanding of whatever issues Ms. Mercer wishes to settle. I'm trying to remove ourselve from here, without animosity, but that's not going to work.
Surely, elder law addresses these situations.
I'm not seeing a clear crime here, since it does not appear that your mom has been declared incompetent. (Yes, I do see the unethical and immoral behavior of Ms. M.). I also don't see that there has been a restraining order of any kind prohibiting Ms. M. from contacting her tenant, your mother. If it were me, I would have my mother execute a durable POA. I would forward a copy of same to the landlord, and also include a confirming letter - confirming your abundance of notifications to the landlord of your mother's ill health, and the landlord's abusive tactics and in circumventing you in order to harrass, unnecessarily, a woman when she is ill. I would indicate that all future contact is to be made through you and that if Ms. M. does not take heed, a criminal complaint of harrassment will be filed with the police department and abuse of the elderly. Mail it certified r.r.r and be sure to copy (or address it too), the bosses of Mrs. M. She is but a lowly manager, you need to make sure the higher ups have been notified.
The problem here is that you have taken no legal steps to stip your mom of her rights to be contacted by whoever, including those she contracts with (her landlord), nor has she given you such rights. A child's statements to a 3rd party to stop talking to the parent are not really legally effective - since anyone can say anything - particularly when the landlord has a business agreement (lease) with your mom.
Then, of course, you need to tell your mom to not answser the phone or open the door - if she is so incompetent that she can't follow directions, you may want to get her legally declaried incompetent with you are her guardian (I prefer the POA avenue, if available.) If Mrs. M. enters without due notice, the dwelling, you may have a landlord/tenant claim as well, as generally a landlord is not allowed to pop in at will.
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