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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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I have been taking care of my now 90 year mother/ she was still

Customer Question

I have been taking care of my now 90 year mother/ she was still getting around/ everything- then through a friend/ there was thought that her money had been stolen from her account/ I stepped in/BOA ederly fruad got involved/ someone was taking money from her/ - I then stepped in and moved her in with me in jacksonville fl- I have from that point taking care of her/ Last of last Jan she got sick/ had to go to hospital/then elderly rehab/I shut me businees down/ was at hospital every day/rehad everyday/- Rented my 3rd floor condo out/moved into 1st floor appartment/etc/etc/ We got in auto accident in Sept and after 2 months at home/hospital/rehab- I (her son) at this point have worked 2 of the past 10 or so months- When she finally got out of rehab/ I hired a home health care company TO HELP HER w/strenght- 2 days ago/she had back to back appointments w/home health care (at our apartment)- I spoke to my more and told her I had to go to electric company (to put electric in my name)- I headed to take care of/TO AVOID INTERUPTION/ after physical therapist finished w/ my mom- nurse showed up/ I was at eletric company/ this nurse called her supervisor/said I was neglecting my mother/ let her ar home alone/ when I returned- the police department was there/ I was baffled- they then "read me my rights"- I said for what- I said I had nothing to hide/ I take great care of my mom/ he read me my rights???-
they then called the state of Florida (DCF)- the police offers were hovering over apartment - DCF lady came in/ said I neglected my mother/she ask my mom how many days did did your son leave U/ that is CRAZY- DCF fiiled out paper work/ for further investigation- saying there was good chance my mother would be taken/ put in safe place/ They said that DR order's said/ it was recommended that she have 24 hour care/
and I left her/ neglect- these people are way off/ not only have I not neglected my mom/ there has many things yesterday throown around that IS NOT going here What do I need to do? I think I need attourney
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
-Could you explain your situation a little more?
Have any charges been filed?
Customer: replied 5 years ago.

NO/DCF came out/ starting asking my crazy questions/ completed forms/said they woulld be back to investigate more/ saying things like DCF could remove her/ put her

in safe place- paper work they left said can/cannot have attourney present??

2 fire trucks/EMT showed up on request of home heatlh care nurse/ they came

saw situation/ were baffled/ checked her out/she was fine/ and were speaking out of side of there mouth " like somebody is way out of bounds/ cops said/ just call home health care people right back next time" But no telling what that nurse said to DCF/ so investigators are coming back out on Monday/ (and cops/EMT's have no say)- It is all this lady who was out here for 45 minutes

Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - I understand the situation. You need to be very careful and I would not talk to anyone about this. Whatever you say can and will be used against you and nothing you say is going to help you. I know you care for your Mom but you could end up being charged with a crime and she would still be out of the house. Until you know the intentions of the authorities you need to remain silent. You have no duty to allow them into your house without a warrant and if you are charged with a crime you definitely need an attorney. If you cannot afford an attorney the court will appoint counsel. If you can afford an attorney you may want to get a consultation appointment now.

These types of situations can escalate once the state gets involved and you can't control what they do. Based on your facts I see no neglect but that doesn't mean these government employees will not try to justify their jobs and cause you a lot of trouble. Right now you need to think of yourself whether your Mom is removed or not. Her situation can be dealt with at a later time.

Dave Kennett and 6 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

The Police and Fire/Rescue (called to check mom out) they left satisfied with answers

I have no idea where DCF lady is going with this/ her first question to my mom was "how many days did ur son leave u"- my mom was home 30 minutes(tops)- then nurse showed up/ home health care company/ I choice/hired/ But this nurse was hanging around/ outside like she had nailed someone/

come down to this Dr who walks through this facility put 24 hour care recommended

/did not say required/ and DCF is using that/ 24 hour care as base for charge of neglect/ with having mother removed from home

Expert:  Dave Kennett replied 5 years ago.
All of this seems to be over the top and I can't see how you would be guilty of anything. Having said that I never trust these "do good" social agencies who meddle in everyone's business with little or no evidence of wrongdoing. I would not talk to them in the future as it will not help. If the fire and police were satisfied then I doubt any charges will be filed but the more you talk to the social workers the more involved they will become. Even in a nursing home that has "24 hour care" it doesn't mean someone sits in the room with the resident 24/7. Leaving for an hour or so is not neglect.