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I have a question about a dementia patient that I take care…

Customer Question
Hello...I have a question...

Hello...I have a question about a dementia patient that I take care of, in a private care setting. His court appointed attorney has thoroughly made his daughter, who he absolutely adores, try and look awful in his eyes. The daughter loves her dad and would never do anything to harm him in anyway! This attorney doesn't like his daughter. My patient doesn't like this court appointment attorney, at all! She makes him nervous, he gets stressed out, she makes inappropriate comments about his daughter, such as, "she has seen to it that you are officially homeless! How does that make you feel...hmmm?" Clearly its a case of mental abuse, and that is being looked into by the bar association, and APS. my question is, can his daughter, file charges against this court appointed attorney, for defamation of character?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state you're in?

Washington

Lawyer's Assistant: Have you talked to a lawyer yet?

I haven't, it was my co worker, but the POA, (patient's other daughter), his daughter who was bashed by said attorney, and myself, have all read copies of a document that my co worker typed up.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess my question is, does his daughter have any legal rights in terms of filing charges against this court appointed attorney for defamation of character?

Submitted: 1 year ago.Category: Family Law
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Customer reply replied 1 year ago
Just for record, the daughter in question has provided a nice safe and secure home for her dad!! So, no, he is by no means homeless!!
Answered in 8 minutes by:
9/14/2017
Family Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,610
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

my question is, can his daughter, file charges against this court appointed attorney, for defamation of character?

.

She could if she can identify provably untrue statements that the attorney has made to father that has harmed her reputation with father. The problem here would be in proving that any statement is untrue and proving money damages. Her statement that the patient is officially homeless due to his daughter's actions is terrible, but if the daughter had to sell his home that he owned to help pay for care, then that meaning could be twisted to be true... Legally he doesn't own a home now.

.

That obviously isn't what the jerk attorney meant and the daughter should be filing motions with the court to have this attorney removed from the case with an alternate appointed if a guardian ad litem is necessary. But she could also file to be appointed his legal guardian, which would eliminate the need for a court appointed attorney all together after she was appointed.

.

.

thanks

Barrister

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