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I am sorry to read about your difficulties with your family members.
Can I sue them for a lifetime of abuse, for slandering me and for elder abuse against my dad?
Response 1: Unfortunately, you cannot sue your family for lifetime of abuse and for slandering you. However, you can sue them for slandering you now if the slander is still going on today. You can also sue your brother on behalf of your dad for elder abuse. In addition, you may file complaint against your brother with the Department of Elder Affairs. Click here to file complaint.
In order to win a defamation (slander) suit, you must be able to prove all of the elements of defamation. Generally, you must be able to prove (1) that a defamatory statement was made against you; (2) that there was a unprivileged publication of the statement to a third party; (3) if the defamatory statement is a matter of public concern, fault amounting at least to negligence on the part of the publisher--this may not apply to you if you are not a public figure; (4) then finally you have to prove that you suffered damages as a result of the defamation.
You would need to consult with a Civil Rights Attorney in your area to assist you in putting your claim together as these cases can be very difficult to win. Interview at least three Attorneys and/or review their web sites to see which one will be a better match for you. You want to look for someone who is not too busy to handle your case; someone who will return your phone calls in a timely manner, and someone who will give you prompt updates on your case.
Click here to find local Civil Rights/Internet Law Attorneys in your area:
The Statute of Limitations for slander in Georgia is one year. See Official Code of Georgia Title 9 Section 9-3-33
The Statute of Limitations for trespass in Georgia is four years. See Official Code of Georgia Title 9 Section 9-3-30
Do I need to file a police report about the stolen money before 2 years goes by this friday? I have gotten my sister to give my dad back all of the money she took from his checking account after the accident, 27000 dollars! and my brother has been bringing cash to my dad whenever I am not there, and getting him to sign papers with no one else around to see what he's signing. My dad just turned 90 years old on August 25th. I emailed my brother that he was not welcome to come to my house unless he got approval in advance to come and it was NOT OK for him to have my dad sign papers without a witness or a copy of what he signed left for him or me.
I only recently got durable power of attorney for my dad, this month, or August 2013, and I know nothing about all the legalities but my brother emailed me back and told me he would see my dad anytime and anywhere he wanted to forever and that was that.
My blood pressure is going up just thinking about all this. He gave my dad back all but around 10,000 dollars of what he took, but the last time he was here, after slandering me and lying and calling me all kinds of crazy names and saying that my psychiatrist (I don't have a psychiatrist) diagnosed me with all these conditions and said I was nuts, my dad told him to leave the house and never come back and don't even bring money ever again. But I don't think that my brothers abuse should be rewarded and him not have to pay my father back. Can someone please help us? Do we have a statute of limitations to meet?
Response 2: You should file the Police Report now. As the Durable Power of Attorney for your dad, you have the right to tell your brother not to come to your house without getting permission first and if your brother continues to ignore your demand, you can file for restraining order against your brother to prevent him from coming to the house and harassing you and your father or you can. In the alternative, you can sue your brother for trespassing or file complaint against your brother with your local Police for trespassing and see if charges can be brought against him.
You can also sue your brother to recover the money that he took from your father.
You can use the following sites to find local Attorneys who handle probate litigation case or elder law to assist you: