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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience:  Attorney experienced in numerous areas of law.
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I need to find an attorney but do not know what specialization/type

Resolved Question:

I need to find an attorney but do not know what specialization/type of lawyer to choose. I want to file civil action to be reimbursed for legal fees, trauma, etc. due to the illegal action taken against my mother as described below.

Brief scenario:

My elderly mother was hospitalized and later went to a rehab facility (also a nursing home) to get mobile and gain strength before coming home. I take care of her and have a DPOA and Advanced Care Directive for state of WA. Later the rehab facility filed an action in secret/no notice to be appointed guardian over her entire life, finances, etc. I found out about the action when requesting her release to come home and the assigned doctor for this facility refused to release her. I hired an attorney that specializes in conservatorship type cases and I did get her home with a stipulation that we return to court in 6 months. There were no abuse or neglect claims in the action filed by the facility. The facility used both state and federal funds to pay for her stay. She was forced to stay in this facility beyond necessary, causing great trauma to both her and me. Also, thus far, legal fees have been appox. $5,000 and the ordeal is not over as we must return to court end of December. There is also an outstanding bill for the those months that she was held in there against her will - I had to use her funds to pay for the counter petition for conservatorship/attorney fee/retainer of $2,500, as well as, $500 per month to pay for remainder of bill.
Submitted: 10 months ago.
Category: Legal
Expert:  Brandon M. replied 10 months ago.
Hello there:

Thank you for that information. Before answering, I just want to be sure that I understand how I might help. My understanding is that you are asking what is the area of practice for an attorney that might be able to represent you in this matter. Is that correct?
Customer: replied 10 months ago.

yes and how to find the attorney that is not directly connected to this county court system where they may have to make deals instead of fighting for my mother's protection and financial injury.


I think I need an alder abuse attorney that can file an action on my mother's behalf and mine for various types of claims/issues.

Customer: replied 10 months ago.

yes - and how to get referral to proper attorney


 

Expert:  Brandon M. replied 10 months ago.
What is challenging about this is that there are cross-over issues. The underlying area of law is civil litigation, so a general civil ligation attorney would likely be the prime candidate for representing you in the matter. However, the case is sprinkled with elements of elder law and personal injury law that, although no critical to pursuing the case, would be useful to the attorney handling the case to ensure the optimal outcome. So the strict answer to your question is an attorney practicing general civil litigation would most likely feel equipped to take your case, but an attorney practicing civil litigation that may also include elder law and/or personal injury law as a component of his or her practice would be ideal.

You asked about finding an attorney that is not directly connected to the county's court system. That's going to be difficult, so if it is an important criteria for you, your best bet may be to look for an attorney outside your county, but be prepared to pay for their travel. If you contact the bar association of counties outside your area, they can refer you to competent attorneys practicing within their jurisdiction.
Customer: replied 10 months ago.


Thank you for that info - was already aware of the various issues and did research on elder abuse law. I was also aware of the P.I. part of any potential action to file. It is always good to confirm with an expert on these type of issues.


 


May I ask another question related to the original questions/issue at hand?


 


As of this moment, no action has been filed against the facility/nursing home that filed for guardianship w/o notice to me, who kept her in their facility against her will, and used state and federal funds to do this. There are other issues that relate to neglect/abuse, personal injury, but at this point no action against them has been filed.


 


Just yesterday a worker from Adult protective service calls me and demands to see my mother's bank statements for last 5 mos due to a complaint by this facility that I because my mother/I have not paid their bill that I am financially exploiting my mother. I want to know if I am obligated to provide this information without any court order? If I am obligated to show bank statements, shouldn't it be only for the month or so in question? not the past 5 months? Also, I want to know if I must show her statements, can I demand/stipulate that I will come to them in person and show them the required month(s) but do not allow them to keep a copy?


 


That is three questions, but I have asked for APS to send me the appropriate paperwork so that I may take appropriate action.


 


Thanks


 

Expert:  Brandon M. replied 10 months ago.
To reiterate, the question is whether an individual must comply with a request to produce bank statements from Adult Protective Services without a court's order. Absent a court order, there is no requirement to show bank records to adult protective services. The 4th Amendment, with the purpose of protecting the innocent, prohibits unwarranted search or seizure by the government.Please remember to leave a positive rating once you are completely finished (we work for ratings). Thanks.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12235
Experience: Attorney experienced in numerous areas of law.
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