How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I have a 53 year old woman that lives with my 76 year old

Customer Question

I have a 53 year old woman that lives with my 76 year old uncle it is not her leagal address and after some time of her being there he has over $16,000 of debt and his savings of 15000 is wiped out he is very ill and forgetful and I have stepped up as POA and Health care Proxy. She has been making financial decisions for him and health care decisions after finding out the finances are depleated i have stated she can no longer live at the residence of my Uncle while he is so ill she recieves New York SSDI at her leagal address and contributes nothing to my uncleand i expressed she could no longer live there with him exhausting his resources. My Uncle does understand the decisions i have made for him and all is good until she comes to visit him also i am now being berated on a social media site by her family as i am running for a local office not really sure if a slande or defamation issue is happening
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: POA done and im in New York ,health care Proxy and executor remember nothing is in her name at my uncles house
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think we are done
Submitted: 1 month ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. So can you tell me what your specific question is?

Customer: replied 1 month ago.

With my POA obligations how do i make her and her family understand and accept the decisions i have made with out them slandering me or defaming my name

Expert:  ScottyMacEsq replied 1 month ago.

You said that you suspect that defamation is occurring, but do you know of any actual statement made about you?

Customer: replied 1 month ago.

No they have stated they will post on the site as i stated how do i keep them from posting and get them to understand my obigation

Expert:  ScottyMacEsq replied 1 month ago.

But they will "post on the site" what?

Customer: replied 1 month ago.

That i dispossed the woman and left her homeless

Expert:  ScottyMacEsq replied 1 month ago.

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Expert:  ScottyMacEsq replied 1 month ago.

First of all, you need to know a bit about what defamation (libel is written defamation, slander is spoken defamation) is. Defamation is a false statement of material fact communicated to a third party that causes quantifiable economic damage. It has to be false (truth is a defense). It has to be a "statement of material fact" (opinions are not actionable). It has to be communicated to third parties, and the statement itself has to cause quantifiable economic damages (some dollar amount that you can directly trace to the statement). If even one of those factors is missing, then there's no defamation case.

So if it's true, even if it uses colorful language, it's not defamation. Even if it's harmful to your reputation, it's not defamation. Even if it is done with "malice", is not defamation if true. If you told her to get out of the house, even if you were the nicest, most wonderful, most apologetic person in the world doing so, it's still putting her out of the house, and if she has no where to go, that leaves her "homeless". Again, colorful language, certainly. But I don't necessarily see how it would be false.

Now you could always threaten them with a "demand letter", demanding that you will take legal action against them for any and all defamatory statements made about you in public. Note that this would pretty much be a bluff, as if they said anything about you that was true, that would not be actionable, no matter how damaging, no matter how malicious. It still might be the best way to prevent them saying anything.

You can also state that you're not filing a case with "Adult Protective Services" (APS) against her (as it appears that there was some financial impropriety). APS is a mandated service provided by local social services districts. It involves intake, investigation and assessment of referrals of abuse, neglect, and financial exploitation of impaired vulnerable adults who live in the community. APS workers develop services plans for eligible clients to remedy physical abuse, sexual abuse, emotional abuse, neglect, financial exploitation, or to address unmet essential needs of adults. http://ocfs.ny.gov/main/psa/

You can make it clear that you can still file such a case, but that you'd rather not. If they feel that they need to bring this out, you might need to file just so that you can protect your father and present your own side of it.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 1 month ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 month ago.

Hello?

Expert:  ScottyMacEsq replied 1 month ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (OVER 1 HOUR) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 month ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 month ago.

I see you have not responded in some time. Did you wish to continue with this question?