How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17133
Experience:  B.A.; M.B.A.; J.D.
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

Please forgive this long letter. But we need help. A

Customer Question

Please forgive this long letter. But we need help.
A caregiver has filed a motion based first on a bogus (on many different levels) contract for services from "July 1, 2014 to April 14, 2015 as a permanent seven (7) days a week full time live in caregiver".
Foremost, my then 87 yr old Uncle who was not rich, but had a rooming house, had signed a contract (that I have) June 23, 1914 for services with an agency so he could have 72 hrs of care every other week so he could have chemotherapy. This agency employed the claimant who we met as a prospective caregiver from the agency June 23, with her first day of service being June 30 to July 1, 2014. The Agency had invited the Dept of Aging Resident Care Coordinator to the signing meeting (where she also met the claimant) to see if my Uncle qualified for Community Care Program Funding to defray the cost of the Service until his 90-day waiting period for his federal long term care insurance would be met because otherwise he had to pay out of pocket (Which he did, $2,200 for the month of July).
The Depart of Aging approved 22.5 hrs a week August 14 and named the claimant as the caregiver and (Niece?, another story of intrigue). August my Uncle wrote a check (that I have) to the claimant for $700 (memo-line, house work). There is evidence that he paid her in cash while the Depart of Aging sent different caregivers from August 31, 2014 to March 5, 2015 when he was admitted to UofC hospital, thereafter he never returned home and died June 5, 2015.
Large Print notes written by the claimant to my Uncle after March 20 said that he owed her for last month's rent (she had been barred from seeing my Uncle from March 6- March 20). Another note said, do not tell anyone you are paying me cash (which we got when we had a locksmith and Police remove her from my uncle's home April 15, 2015. I do not know when she started living there but she kept her apartment in HydePark. I have signed rent receipts, one written to my Uncle to cover late charges from the owner of the building in February, 2015).
There is also an identical Homecare Service Contract that the claimant had prepared for the Guardian's court case (another story who were called in for help March 18, 2015), where she was claiming against the estate July 8, 2015. The contracts have the exact same wording and pagination but a different date of service of July 1, 2014 to March 30, and different forged signature for my Uncle. His signatures can be compared to those on his checks and contracts with the other agency and other vendors. The fact that she signed his name to a Bogus Power of Attorney she also noted in a Note to my Uncle, claiming that she was using it to get him out of the Resident Care Facility and tat he could change it later if he wanted to. There were also note about them getting married.
There is also a host of evidence that he had paid her. He also told the Dept of Aging Adult Protective Service Supervisor March 10, 2015 (who I had called also on March 10) at the hospital that he had been paying the claimant cash about $800 per month. Large print notes from the Claimant had asked that he not tell anyone that he paid her cash tell them you are waiting for long term care to come through. There is a host of evidence that include money laundering and a mind boggling host of elder abuse scams perpetrated by the claimant many involving bogus Police Reports that the claimant made, one of which went to court that she also lost, was dismissed. A bogus charge accusing my son of threatening to kill her on the same day she told the watch off my Uncle dead body at the wake that led to a Police Report being file, and her arrest on July 8 from the Guardian Court Hearing where they were closing their case for guardianship and she was there to claim against the estate with the first bogus contract.
My question is: Where do we look for a lawyer with expertise in defending such a case and what kind of a lawyer would this be? Clearly crimes have been committed by the claimant whose Bogus: Charges, Police Reports, Trials that include also the use of aliases has demonstrated an arrogance with respect to the judicial system that she has been successful with in preying against the elderly.
Thank you
Submitted: 5 months ago.
Category: Legal
Expert:  Phillips Esq. replied 5 months ago.
First, if this has not been done, you would need to file complaint against her with your District Attorney's Office--the Office where your uncle's residence is located. As for the civil case, you would need an Attorney who handles probate litigation to assist you in sorting out all these issues and making sure that she reimburses the estate of your uncle what she illegally received and also stole from your uncle. You can use the following sites to find local probate litigation Attorneys: Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 5 months ago.
We have a probate lawyer who has worked on settling the estate, and there is a will that the caregiver claims to have but we have not seen that yet.. He is overwhelmed by the criminal aspects of this suit has done well with the probate matters of the estate.
Expert:  Phillips Esq. replied 5 months ago.
The criminal matters are supposed to be handled by the prosecutor's office. However, the Personal Representative of the Estate/Executor of the Estate and the Probate Attorney are supposed to assist the Prosecutor in gathering information needed to prosecute the caregiver. If your Probate Attorney appears the be overwhelmed, then may he should just concentrate on the probate aspects of the case and let the Prosecute deal with the criminal aspects of the case. Or you may consider convincing the Attorney to retain additional probate litigation Attorney to assist him. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 5 months ago.
After rereading your reply, I feel I have not made the point clear. The caregiver's motion is set for hearing in June. Our Probate attorney tried to have it dismissed because she had not paid the fees.
The Motion is based on a bogus July 2, 2014 contract that did not exist until after his death. Instead, my Uncle had signed a contract with the agency that the caregiver worked for. She is claiming to be an independent provider with her own agency. The claim is outright fraud. She also claimed that she was a permanent 7 days a week live caregiver and that she had not been paid for services from July 1, 2014 to April 14, 2015.
In fact, she worked for the Agency that my Uncle did sign a contract with during the month of July, we have invoices from the agency as proof. We have Dates of Service and the pay rate from the Dept of Aging where different Caregivers worked 22.5 hr a week from August 30, 2014 to March 5, 2016. So her claim of being a full time permanent 7 days a week live in caregiver is also fraudulent. The information from the Dept of Aging for the caregivers was used to obtain refund for premiums that continued to be deducted from his retirement annuity until his death, June 5, and that should have stopped once his 90 day waiting period ended in December.
So the first month she was paid by an agency, she certainly did not live at my Uncle's then and there were a series of other caregivers also providing care until he went to the ER March 5, after which he never returned home. We also have evidence that my Uncle paid her starting in August at first by a check and then cash.We have a probate lawyer. who has been working with problems of the estate and has done a good job with these matters but not with the criminal activities of the caregiver and there have been many. We need a lawyer is has worked with caregivers involved with elder abuse.My interest now is simply being protected from this caregiver. I want these bogus Motions to stop. I do not have the money (nor does she) to carry on in court and my probate attorney rates are extremely high as well.
Expert:  Phillips Esq. replied 5 months ago.
I have nothing else to add. So, I will opt out and give another Attorney the opportunity to further assist you.
Customer: replied 5 months ago.
Thank you. Sorry.

Related Legal Questions