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Health care attorney Hello. My mother had a stroke/Dementia and a neurological clinic did an extensive evaluation and determined she had basically lost all capacity.She moved to California temporarily and an abuse issue regarded her money began.I retuened home from China not knowing of the evaluation neither did her six health care providers.I filed for a conservator which for several political reasons and not presenting the evidence or wirtnesses was turned down. I now find the neurological report that was concealed.I also find a California probate statute regarding Dementia.If it is serious,which my mothers was,the Judge must conserve you.This would have saved my mothers life.I am in the Federal court of Chicago.I will file my second suit tomorrow,financial explotation,false imprisonment,abuse and neglect. The person who withheld this critical report is also POA healthcare and trustee from which the money was taken.I am inquiring about their duty and potential penalty of concealing this report from the health care providers and the court

Submitted: 32 days and 12 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

Posted by RayAnswers 32 days and 11 hours ago.

Info Request

Why federal court here??

32 days and 11 hours ago.

Reply

This my mothers residence for 88 years,her trusts were here and the trustees (abusers) accepted and acted as Illinois trustees for 18 years.This part of the suit will just be filed behind the trust case.California was a nightmere for my mother and I.

Posted by RayAnswers 32 days and 11 hours ago.

Answer

If there was willful concealment here then that would certainly be basis for claim and recovery.This certainly harmed your mother and you here by withholding information and disclosure to the court.Good luck this time around with suit.

32 days and 11 hours ago.

Reply

Did my sister have an obligation to disclose this?Releasing this document would have saved my mothers life.The Judge would have been compelled to conserve her based on the Dementia probate statute for Dementia.The health care providers would have had to note this in their records.Any court any attorney I retained this document certainly would have helped,freed my mother.Could you please elaborate a little so when I tell this to my attorney I will have some foundation

Just answersprovides me with the unique ability to go to my attorneys with a question I already know the answer to and they may not so I can strengthen my case.This is why I am asking you first

Accepted Answer

I beleive your sister had duty to disclose.This was wilfull withholding of material information. As you state it may have saved her life here and certainly contributed to here lack of care and death.

Accepts:
Expert:	RayAnswers
Pos. Feedback:	97.9 %
Answered:	10/21/2009

Lawyer

25 years in civil, criminal, family, probate, elder issues, and administrative law

23 days ago.

Reply

Hi Ray,

I like your background for my case.My aunt (executor) filed a lawsuit in the state court today elder abuse,financial exploitation,false imprisonment and abuse and neglect.I have a case in the federal court for all trust related items.Both Illinois.All of my mothers abuse was California but after being there for 3-1/2 months I never want to go back so I was giving up on the health care providers.

Tonight I get reports from two cardiologists 900 pages they went through.The common threat was that my mother was not terminally ill and withdrawing her heart medications after 15 years boarders on criminal.

As POA my sister did it but three doctors and Hospice turned their heads probably because my mother was 88,dementia and a heart condition. 11/2 is the two year anniversary for elder abuse in California.One doctor and a Hospice doctor signed terminally ill documents.My Doctor tonight called that criminal negligence.

Do you think there is any merit in going after these people?

Last.My sister was operating under an Illinois power of attorney for health care in California.When my mother could not write my attorney told me to use #3 of the Illinois revocation which is verbal.I sent him the information,he wrote it up,notarized it and sent it back.Everyone ignored it.Do you think in my suit in Illinois there would be any legal significance.The power of attorney law here is if a revocation is concealed and the person is being abused and dies it is involuntary manslaughter.

Posted by RayAnswers 22 days and 23 hours ago.

Answer

That really is sad that they could do this to your mother.You certainly should continue to pursue it here and seek some justice.Even though your mother had medical problems they certainly have to answer for what they did here hopefully.This is your call whether to go after them.It would be an uphill battle as she was old here and had severe medical issues.But you decide and don't look back.I have known people that did this not for the money knowing there were long odds but it was the principal of not letting them get away with it..

Edited by RayAnswers on 10/31/2009 at 3:42 AM

7 days and 1 hours ago.

Reply

Hi Ray,
This is a critical part of my case.Two trust releases of 13 years by the 85 year old grantor to her two daughters while I am in China.I believe it is invalid but I am not an attorney

Incleded is the brief background,an article on aby a prominennt Chicago lawfirm on what makes releases legal and one oof the releases.

I hope you are able to give me your opinion.,

http://wikisend.com/download/446580/SAB release Letizia signing.doc

Posted by RayAnswers 7 days and 1 hours ago.

Answer

You certainly have facts to present to attack validity here.It all comes down to her mental faculties here as you have evidence of dementia .She might well have lacked capacity to sign this.It comes down to the amount of evidence that you can present here to successfully attack her lack of capacity and irregularities involved.

7 days ago.

Reply

Ray Did you receive the portion of my letter that states what makes a release valid in Illinois? I do not believe any existed.accounting,valuable consideration,full disclosure.Also they now admit that my mother received an accounting every year.If so what was the purpose of the release and why was the accounting not mentioned in the release.I need to come up with something much better than I think she lacked capacity.

Are there not uniform laws for releases?The ones the lawfirm cited in their atrticle seemed pretty clear and sensible.

Posted by RayAnswers 6 days and 23 hours ago.

Answer

I agree with you thta this should be attacked here.You can also cite lack of accounting, and full dislcosure.If she lacked capacity because of her mental state there couldn't have been sufficient disclosure.You would want to argu everything you can come up with here alternatively.

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Info Request

Why federal court here??

Reply

This my mothers residence for 88 years,her trusts were here and the trustees (abusers) accepted and acted as Illinois trustees for 18 years.This part of the suit will just be filed behind the trust case.California was a nightmere for my mother and I.

Answer

If there was willful concealment here then that would certainly be basis for claim and recovery.This certainly harmed your mother and you here by withholding information and disclosure to the court.Good luck this time around with suit.

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Accepted Answer

I beleive your sister had duty to disclose.This was wilfull withholding of material information. As you state it may have saved her life here and certainly contributed to here lack of care and death.

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Answer

I agree with you thta this should be attacked here.You can also cite lack of accounting, and full dislcosure.If she lacked capacity because of her mental state there couldn't have been sufficient disclosure.You would want to argu everything you can come up with here alternatively.

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