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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12930
Experience:  B.A.; M.B.A.; J.D.
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I found out in counseling 6 years ago that I was mentally emotionally

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I found out in counseling 6 years ago that I was mentally emotionally and spiritually abused as a child and all the way through adulthood by my own family. I also found out that I was tested in 7th grade and found to be gifted. I looked up giftedness and learned that without special needs classes the gifted child often feels hated. I don't know if this is why my mother hated me but from 4 years old I knew she hated me and I told my dad I didn't want to live with her. However our family was in tact, and I learned to cope with this constant rejection from my mother and she let my 4 siblings gang up on me, bully me incessantly, reject everything I said or did, and discourage me about everything, telling me all my life that I thought I was so smart but I was not.
In counseling I learned what love is like, and I realized that I was not loved by anyone in my family but my father. However, if he was ever kind or positive or encouraging to me my mother would get mad at him and me and not speak for at least 3 days.
When I would need help, I would ask my mother, my siblings and they would always find reasons to not help me. My mother would say, if you're so smart, you figure it out. My brothers would tell me that they aren't on earth to help me, I need to just get a life.
My sister would tell me, whenever someone else would say something good about me, that they were just trying to flatter me, wanted something from me, and did I really think that they meant it, they say that to everybody. Never was I supposed to believe that I was good at anything, smart or pretty or anything special at all.
Now, in adulthood, I find that I was rejected my entire life by my family, and they tell me that because I got counseling, I am crazy. My brother just came to my house and told my dad and me that my psychiatrist said that I was a paranoid schizophrenic, bi polar, psychotic... I don't even know what all he said I was. He is a liar and has been a liar from as far back as I can remember. But I thought I was raised in a normal christian home all these years! What a joke! My brother caused me to not have glasses from the time I asked my dad for glasses in 2nd grade all the way through elementary school because of his lies. My teacher told me to tell my parents I needed glasses and when I did, my brother told my dad that I didn't need them I just wanted them because one of my friends got glasses. Everything about that lie was false. None of my friends got glasses and I did need glasses. He lied, my mother must have lied with him to my dad and I never got glasses and I needed them so badly, I could not see the chalk board in school. Now he has told the entire extended family that I am all these psychotic crazy things and that I owe my dad 70,000 dollars. I learned that 2 years ago on September 6th he took 23,800 dollars from my dad's savings account and left him with a little over 800 bucks in his account. My dad was in an auto accident and lost his memory of his family, and my brother took advantage of that and took money that my dad didn't say he could have. I have become the caregiver for my dad and have brought him back to health. I stay away from the rest of the family, and have since my counseling, but after his accident they would have let my dad die and taken all his money and never told me about it. Can I sue them for a lifetime of abuse, for slandering me and for elder abuse against my dad? Do I need to file a police report about the stolen money before 2 years goes by this friday? I have gotten my sister to give my dad back all of the money she took from his checking account after the accident, 27000 dollars! and my brother has been bringing cash to my dad whenever I am not there, and getting him to sign papers with no one else around to see what he's signing. My dad just turned 90 years old on August 25th. I emailed my brother that he was not welcome to come to my house unless he got approval in advance to come and it was NOT OK for him to have my dad sign papers without a witness or a copy of what he signed left for him or me.
I only recently got durable power of attorney for my dad, this month, or August 2013, and I know nothing about all the legalities but my brother emailed me back and told me he would see my dad anytime and anywhere he wanted to forever and that was that.
My blood pressure is going up just thinking about all this. He gave my dad back all but around 10,000 dollars of what he took, but the last time he was here, after slandering me and lying and calling me all kinds of crazy names and saying that my psychiatrist (I don't have a psychiatrist) diagnosed me with all these conditions and said I was nuts, my dad told him to leave the house and never come back and don't even bring money ever again. But I don't think that my brothers abuse should be rewarded and him not have to pay my father back. Can someone please help us? Do we have a statute of limitations to meet?
Submitted: 11 months ago.
Category: Legal
Expert:  Phillips Esq. replied 11 months ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



I am sorry to read about your difficulties with your family members.


Your Questions:

Can I sue them for a lifetime of abuse, for slandering me and for elder abuse against my dad?



Response 1: Unfortunately, you cannot sue your family for lifetime of abuse and for slandering you. However, you can sue them for slandering you now if the slander is still going on today. You can also sue your brother on behalf of your dad for elder abuse. In addition, you may file complaint against your brother with the Department of Elder Affairs. Click here to file complaint.


In order to win a defamation (slander) suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.

You would need to consult with a Civil Rights Attorney in your area to assist you in putting your claim together as these cases can be very difficult to win. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.

Click here to find local Civil Rights/Internet Law Attorneys in your area:

http://www.lawyers.com/Civil-Rights/Georgia/browse-by-city.html

The Statute of Limitations for slander in Georgia is one year. See Official Code of Georgia Title 9 Section 9-3-33

The Statute of Limitations for trespass in Georgia is four years. See Official Code of Georgia Title 9 Section 9-3-30


Do I need to file a police report about the stolen money before 2 years goes by this friday? I have gotten my sister to give my dad back all of the money she took from his checking account after the accident, 27000 dollars! and my brother has been bringing cash to my dad whenever I am not there, and getting him to sign papers with no one else around to see what he's signing. My dad just turned 90 years old on August 25th. I emailed my brother that he was not welcome to come to my house unless he got approval in advance to come and it was NOT OK for him to have my dad sign papers without a witness or a copy of what he signed left for him or me.
I only recently got durable power of attorney for my dad, this month, or August 2013, and I know nothing about all the legalities but my brother emailed me back and told me he would see my dad anytime and anywhere he wanted to forever and that was that.
My blood pressure is going up just thinking about all this. He gave my dad back all but around 10,000 dollars of what he took, but the last time he was here, after slandering me and lying and calling me all kinds of crazy names and saying that my psychiatrist (I don't have a psychiatrist) diagnosed me with all these conditions and said I was nuts, my dad told him to leave the house and never come back and don't even bring money ever again. But I don't think that my brothers abuse should be rewarded and him not have to pay my father back. Can someone please help us? Do we have a statute of limitations to meet?



Response 2: You should file the Police Report now. As the Durable Power of Attorney for your dad, you have the right to tell your brother not to come to your house without getting permission first and if your brother continues to ignore your demand, you can file for restraining order against your brother to prevent him from coming to the house and harassing you and your father or you can. In the alternative, you can sue your brother for trespassing or file complaint against your brother with your local Police for trespassing and see if charges can be brought against him.

You can also sue your brother to recover the money that he took from your father.

You can use the following sites to find local Attorneys who handle probate litigation case or elder law to assist you:


jusita.com


lawyers.com

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12930
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

....with all these issues going on and with me now taking care of my dad, if YOU were ME...what would you do to get everything in order? like is there a one stop attorney shop somewhere we could go to where they could put together all our issues and be able to advise us and help us get together all the things we should do to be prepared for whatever might happen and for what has already happened?


 


Thank you for your help and your caring considerate response! You were better than Good, but I just haven't had the time to look at all the links you sent and or do anything with the information yet. Thank you again!

Expert:  Phillips Esq. replied 11 months ago.

...with all these issues going on and with me now taking care of my dad, if YOU were ME...what would you do to get everything in order? like is there a one stop attorney shop somewhere we could go to where they could put together all our issues and be able to advise us and help us get together all the things we should do to be prepared for whatever might happen and for what has already happened?'

Response 1: Unfortunately, there is not a “one stop attorney shop” for your issues because the issues cover several practice areas. However, you can have a probate litigation Attorney send a letter to your brother to cease and desist from coming to your house without prior authorization. The probate litigation Attorney can also sue your brother to return the money that he took from your father. The probate litigation Attorney may also assist you in filing complaint with the Police and obtaining a Restraining Order. Although for a Restraining Order the probate litigation Attorney may tell you to retain a family law Attorney for that.

For defamation, you would need a civil rights Attorney to assist you with the case.

Thank you for your help and your caring considerate response! You were better than Good, but I just haven't had the time to look at all the links you sent and or do anything with the information yet. Thank you again!

Response 2: You are Welcome! and thank you for the positive rating.

Let me know if you need further clarification.

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