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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 27692
Experience:  JA Mentor
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Received letter from attorney /slander humiliating someone.

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Received letter from attorney for libel/slander humiliating someone. called him. he said bcuz i posted publicly on fb (without naming- did not know it was publishing) my horror of elder abuse i saw (his party denies) and because i told friends about it. daughter was giving mom(88) risperdal. dad is 100 with some memory loss. mom from europe. smart lady, always sad about her mrriage, children - nobody cared she said. slept apart from husband 40 years she said. complained to others too. daughter had gone to europe and mom mentioned daughter would comeback angry to have to fix the bills. i offered to help. organized in folder bills, old man signed checks. daughter returned and 2 months later? or 1? 20,000 i saw missing from bank statement. just told my mom then.was disgusted. daughter took checkbooks away from mom one day infront of me, said enough-going to doctor. given risperdal- i saw bottle, checked youtube got scared aout the effects. mom died 11 months later from heart. did not have heart trouble. drug disoriented her had hallucinations started taking knife to bed -afraid of isis lady said. got scared she might not recognize husband and might kill him one day. old lady would reak down crying, said terrified of daughter. daughter called lady'sfriend told her not to take her shopping anymore old lady broke down crying every day she was lonely, being controlled. began thinking photos of her sister's grandkids were real kids. started trying to feed them. eye of baby in one photo disintegrated from orange juice when old lady tried to feed the photo. old man knew it was foto. found old woman on floor in bedroom scred, clutching purse said daughter took jewelry and was hiding 2 pieces. old man had to open garge door 4 me to get in because they lock door and had lost the keys. i had made spare keys for them with lanyard not to get lost. daughter called my mom and tokd her to not call or visit bcuz she wanted old lady to get used to drug. ididnt want old lady to feel we abandoned her and stopped by upset and crying told her we could not see her anymore but we love her. did not want her hurt. she said house was hers and daughter had no business telling her what to do in her own house. daughter came to see me one week b4 leaving for trip to europe. surpized me by saying i criticized her. said one of old lady's friends said i told her daughter told me to call her and tell her not to visit old lady. i never did that. that friend had told me when i expressed concern of abuse--it's her mom she can do whatever she wants to her. i wanted to call dept. of aging but my mom was told by the other friends she would be ostracized. scared my mom 85, a widow, lost my brother suddenl, severe depression, got breast cancer. just me and mom, no real relatives here. i was made out by the friends to be the bad guy. i was told to shut up about it. i bcame so concerned. she also said the priest told her husband "what i said" criticizing her. i told her i did not say anything to priest. she accused me of calling priest a liar. i swore no and kept asking what did i say. told her we could not continue dialogue bcuz not true. she left. had caregiver from 12-6 for 3 weeks she was gone for mom and dad. week after she left, caregiver calls us frantic (we are neighbors with old lady) she got thereat 12 and old lady missing. got in car could not find her. scared she would lose her license. finally told us some lady picked up the woman and took her to fire dept bcuz she could not remember address. supposedly fire dept. found out. i suspect taken to police. why would someone take lost elderly to fire dept?? police not notified? anyway. caregiver begged us to go to house at 6 and watch old lady and man until late--like 11:30 for the next 2 weeks. even though daughter had said stay away. care giver said she was shocked when daughter called from europe or she called daughter, that daughter would leave old people alone at night. dangerous. she said daughter was cheap, although money was parents. but caregiver is also liar bcuz later she was hired not for nights but days to watch old people. still alone after 6. a lot more. but did i do something wrong to express my horror on fb publicly/ i only have 13 friends. i did not lie. mom told me checkbooks taken awy after daughter lost money in stocks. daughter was always a wanna be, egotistical. one summer 1 week power stopped. we have back up generator. parents left alone, no electricity, stove electric, no flashlight. hot like 100 degrees. daughter did not get parents. old lady proud, but we took things in our fridge, took food, brought her home to keep her cool, entertain her, feed her and give food for husband. am i in trouble???
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Defamation requires an UNTRUE statement of FACT. If the statement you posted related only things you personally observed, that's not actionable. Statements of opinion also are not actionable. Accusing someone of committing elder abuse IS actionable if it's not true, so you have to look very carefully at the statements you made to verify whether they are true, or whether it's an opinion.

Also, the plaintiff has to be able to prove that a reasonable person could read the posts and be able to tell who you were talking about. It's not enough that this person figured it out - would other people know? Because they have to be able to prove reputational harm.

The law allows people to sue when they believe they have a case, but truth is an absolute defense to a defamation action.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.