Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

Do I have any legal action against a caregiver or her agency that take

Customer Question
s my wife out of...
Do I have any legal action against a caregiver or her agency that take s my wife out of our home for a visit to doctor's office & does not return her to me, instead drops her off at daughters house without my consent & has not returned in over 3 wks, with all services transferred their without consultation on any future plans for her. I am spouse of 33 yrs. and retired early to be my wife's caregiver 24/7 until I finally got a little help for respite. Thanks for your time, Ed.
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 13 minutes by:
7/20/2015
Estate Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Estate Law
Satisfied Customers: 119,493
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the caregiver has taken your spouse from your home and fails to return her, it could potentially be deemed kidnapping. In order to prove kidnapping, you have to prove that you were properly caring for your spouse and there was no neglect or abuse involved. You can start in that case by filing a complaint with the police. Your second remedy is filing a complaint with Adult Protection Services (http://www.myflfamilies.com/service-programs/adult-protective-services).
Your final recourse to get your spouse back would require you to obtain a local attorney and file a petition for guardianship of an adult. An attorney is required under FL law (if you cannot afford one you can check with legal aid or call the FL bar and ask for the pro bono attorneys in your area for representation) to petition for the adult guardianship. In that court case you have to prove you are able to care for her needs and have been providing necessary care. Upon presentation of such evidence to the court, the court would award you legal guardianship/conservatorship and order her returned to you.
Upon proving your case, you can then sue the caregiver and the agency for interfering with your custody of your spouse and seek damages from them including attorney's fees you have incurred.
Ask Your Own Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 119,493
119,493 Satisfied Customers
Experience: Experienced in Trust and Succession Law, including Louisiana Laws

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Last month my best friend and the women I was working for as
Last month my best friend and the women I was working for as a caregiver died. She had put her daughter-in- on all of her accounts to avoid paying taxes. Her death was so unexpected she had no time to… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Help my sisters just told me that they are not going by my
please help my sisters just told me that they are not going by my moms Will, can you help me … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I purchased a house with my sister. We are not getting
I purchased a house with my sister. We are not getting along, I think she needs to pay more and she thinks I should pay more. She's not willing to pay what I believe is her fair share and she's not wi… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
1,424 satisfied customers
Here is my situation. My grandmother's will listed my dad as
Hi,Here is my situation. My grandmother's will listed my dad as an heir, however, he passed at age 38 before my grandmother. The will is terms as “Per Capita and not Per Stirpes”, therefore it appears… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
My husband died and never changed his beneficiary. He left
My husband died and never changed his beneficiary. He left everything to his sister even though we were together. She received his employment retirement the life insurance and the survivors benefits! … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,015 satisfied customers
My dad lived with his sister for three years. He just died
My dad lived with his sister for three years. He just died and is still married to my mom. Are me and my mom entitled to his ashes? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
My wife is the Administrator of an Estate in PA, she has
My wife is the Administrator of an Estate in PA, she has four sisters - but one is is mentally handicapped and has been in a State Institution since she was five. Her Mom died with no will. Can the St… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
In California, is the Trustee required to provide the trust
In California, is the Trustee required to provide the trust documents to beneficiaries after the death of the person who created the trust? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Own two houses jointly with Ex. We split taxes and interest
Own two houses jointly with Ex. We split taxes and interest on tax returns. Recently received a joint escrow refund check. Are there any conditions concerning who gets the cash?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
My Dad passed away leaving a Will and Living Trust. HIs
My Dad passed away leaving a Will and Living Trust. HIs lawyers are now his third wife's advisors. I was advised to get my own attorney if I was to contest my Dad's living trust. The will part cannot … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
I just received a partial distribution of an inheritance but
I just received a partial distribution of an inheritance but there is nothing on the check that says "Partial". The note attached says that this is personal income & I will receive 1099. … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
I have a savings account of approx. 1000K. My parents have
I have a savings account of approx. 1000K. My parents have made the document “payable upon their death” before I can receive it. Both parents are very ill, dementia and Parkinson's's disease respectiv… read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Are there any laws that specifically address the thief of
Are there any laws that specifically address the thief of real estate or other assets owned by a public entity, such as a California non-profit public benefit corporation.… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I am an executor of a trust. I have sent checks to all
I am an executor of a trust. I have sent checks to all recipients via certified mail with signatures returned to me. One recipient did not cash the checks. The first one was sent in 2012 the second wa… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
414 satisfied customers
I Need help with getting some estate documents my father
I Need help with getting some estate documents my father pass on 9 14 2017 … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,839 satisfied customers
I had a question about an annuity my parents own. My parents
I had a question about an annuity my parents own. My parents are older but in good health and are starting to explain to myself what they have and where they have it and so on. Anyway, most of their a… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
My Grandmother had 2 Children they grew up to have their own
My Grandmother had 2 Children they grew up to have their own family. Daughter #1 Has 6 kids. #2 has 1. My mom #1 doed at 59. When my Grandma died … read more
LegalGems
LegalGems
Juris Doctorate
10,163 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x