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Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I PAID 318 THOUSAND DOLLARS TO ENTER

Customer Question

I PAID 318 THOUSAND DOLLARS TO ENTER XXXXXXXX RETIREMENT IN PALM BEACH GARDENS 15 YEARS AGO. I PAY 5 THOUSAND DOLLARS A MONTH MAINTENANCE INCLUDING ONE FINE DINNER DAILY.,WEEKLY HOUSEKEEPING WE HAD FRESH ASPARAGUS AS A VEGETABLE DAILY .WE NOW ARE SERVED FROZEN PEAS&CARROTS ALMOST DAILY. MY APARTMENT HAS NOT BEEN CLEANED IN 9 WEEKS. I AM SPEAKING FOR MY 95 YEAR OLD YEAR OLD MOTHER. HER NAME IS***** XXXX ADDRESS IS XXXXXXXXXXXXXXXXXX.....I SPEAK FOR MY MOTHER......LAWRENCE XXXXXX I AM 66 YEARS OLD AND DISABLED MY TEL #XXX XXX XXXX please help MY MOTHER IS BEING ABUSED. BASIC LPN AND RN CARE WAS ALWAYS INCLUDED
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you guys well, present circumstances excluded. I need a little information to better help me serve you. Are these items that are now being neglected protected by any contract that you guys signed with this entity? In other words, when your mother signed on to become a resident, were items that have been provided and that are no being neglected agreed upon in the contract or ancillary documents? I look forward to hearing back from you at your convenience. Thanks
Customer: replied 1 year ago.
MY MOTHERS APT WAS IN THE CONTRACT FOR WEEKLY HOUSEKEEPING. THE APT WAS NOT CLEANED IN 9 WEEKS
Expert:  Delta-Lawyer replied 1 year ago.
I am sorry I am unable to speak on the phone at the moment. I will be happy to answer all of your questions here, however. At the very least, you have a breach of contract issue relative to the housekeeping. You also have an issue with the fact that they have downgraded other essential services, such as the quality of food, with what I assume is no notice and no opportunity to adjust the basis for providing this essential function. Both are untenable and should not be allowed. The first step is to place them on legal notice. You can do this via certified letter with a return receipt. In the letter or letters (depending on whether or not there is centralized management of these issues), you need to particularly point out the issues, tell them that you expect them to be rectified immediately and that you expect either reimbursement or pro-rating of future billing relative to the lapse in service. Tell them you have spoken with counsel (which you have now) and that you know them to be in violation of their contracts, both express and implied, and that you will taken legal action if the issue are not remedied. Give them 5 business days to respond in writing. If they do not respond in the affirmative, you can them take legal action on behalf of your mother by getting power of attorney over here. You can seek both injunctive relief to force them to actually oblige their commitments as well as seek damages as well. Let me know if you have any other questions. I want you to be comfortable as you move forward.
Expert:  Delta-Lawyer replied 1 year ago.
Did you guys have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks
Expert:  Delta-Lawyer replied 1 year ago.
Just checking again...don't want to be a bother, but do want to make sure you are as comfortable as possible. I know this is a stressful ordeal for you and your mother.

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