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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10213
Experience:  Civil litigation attorney for individuals and businesses.
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My son is twenty-one and moved in an apartment with

Customer Question

My son is twenty-one and moved in an apartment with a disability of mental retardation. I use to be his beneficiary. An agency took over paying his bills because his dad wanted him to be independent. The agency took it upon themselves not to pay what they thought was unfair. Therefore, my son got evicted over nonpayment. I want to sue the agency and have them put in jail. How may I go about doing that?
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.
Dear Customer,I am very sorry to learn of this situation.Unfortunately you have a somewhat complicated situation, the claim that can be made would be on your son's behalf - but as he is an adult, he is the one that must make it.As it appears that he is unable to manage his own affairs, he may be best served by a conservatorship (this can be a conservatorship of the estate as opposed to a conservatorship of the person and estate - the difference is that the first one only manages his money affairs, while the second manages both his money and where he lives, his medical care, and pretty much everything else).If a conservatorship is established, the conservator can bring a civil suit against the agency that managed to get your son evicted for failing to pay his rent on time and in full.(You may try contacting the apartment complex - I would do so in writing to keep a record - and explain the situation to see if you can remedy the situation so that they will not report his eviction and he can have an easier time renting in the future - it is clearly not his fault he suffered an eviction, rather it is the fault of this clearly negligent agency).While this is not a criminal matter (they are not going to jail), you can make a report to the Oregon Attorney General, they can investigate the matter and hopefully take action to intervene: experience in the conservatorship/guardianship world (including public guardianships and conservatorships), I would highly recommend taking a more involved approach to this - as parents you don't have to be his conservators, but retaining a private conservator, or acting as his conservator yourself will give you substantially better and more consistent financial stability for your son than relying on public agencies or other resources where they are subject to high volume case loads and there are other problems (I will politely refer to as "political" in nature). If you have no other option, they will work, and your son will be fine, but if you have the resources to intervene, your son's financial picture can be much more stable.

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