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Pearls2Swine1 Asked December 2015

Grandmother (93) took Pradaxa and it profoundly affected her mentally, altered her $2.3mil trust. Any advice?

Breached caregiver contract in year 3 of 4 never told me and continued to enjoy our consideration 24-7, 365, with my girlfriends(lvn) help due to bladder prolapse, bathroom every 4 hrs 24-7 until 4 months before passing.
Lead me off a fiscal cliff while continuing to enjoy extreme care knowing she had taken $1 million from me only! and everyone acts as if she can choose who gets what regardless of a completed contract for care!
I find everyone sees us as parasites even if we work while care giving , which she insisted I stop my work! I have emails proving this but forced to get atty for 40% who missed my deadline to file a credit claim and now threatens to quit if I dont settle for anything !
I want to fight but afraid lawyers fatal error if true will mean i lose when I should win

GardenArtist Dec 2015
I would add that what she wrote about retaining a lawyer doesn't make much sense.

GardenArtist Dec 2015
Pam, I didn't think she/he would be back when I read the post, but answered anyway just to see if she/he would in fact return.

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pamzimmrrt Dec 2015
She has not been back,, so I find this interesting. I have also been wondering what kind of job she gave up that would have equaled that amount of money in just a few years... because I want that job! She could have PAID CGs for way less!!

ThereIsNoTry Dec 2015
Your facts are not presented clearly. From what I see, if your atty missed a deadline, if there is a chace you would have won,, another atty might take a malpractice case for you. If you had a "contract" you'd have money, but not sure what you are referring to as a contract really is one since this is more of a rant than a question. Could be you are too upset to be rational, would love to hear when you are thinking clearly. I totally understand taking care of someone asking nothing knowing you'd receive something (if anything left) after their passing. To set up salaries means lawyers and paying social security wages etc. big hassle, and to take someone to the potty every four hours means you are tied to your loved one. Not the end of the world, but not desirable and you pricks who criticize them for that please realize they were simply illustrating their involvement and care level.

TooYoungForThis Dec 2015
I'm guess that this OP wasn't real in the first place----if they are, then I am wrong.

TheBlackDogMina---I am the same as you. My 87 year old mother has a few dollars tucked away, but if she wanted to spend every dime, I wouldn't stop her. It's her money----who am I to tell her what to do with it? It's not mine until her heart stops beating and she takes her last breath----it is hers until then. A will doesn't kick in until someone is declared deceased. No one is "entitled" to anything, unless there is a firm, written contract in place that is made with both sides consenting to the agreement.

The OP says that "I lose when I should win". That is the OP's opinion, and you know what they say about opinions. Only a jury/fact finder would determine if the OP had enough verifiable evidence to prove the validity of their claim. OP would have to have an iron-clad, written contract signed by GM and witnessed by 2 unbiased witnesses. OP has "emails"? Emails are about as good as a disposable wipe in a court of law unless the writer testifies under oath that yes, indeed, they penned the emails and knew the content of those emails. I find it nearly impossible to believe that a 93 year old woman had the ability or technical wherewithal to use a computer to send emails with respect to a caregiving contract.

If OP really was providing care, GM should have and could have paid OP on a weekly/monthly schedule so that there would be no question about the trust after she was gone.

GardenArtist Dec 2015
One of the elements you'd have to prove is that your GM deliberately breached the contract, as you claim. What evidence do you have that this is so? Who will testify to the fact that she didn't have dementia, was mentally clear at the time she amended her trust? What evidence do you have of this? Pradaxa made her do it?

If you filed suit based on the meager claims you've identified, the attorney for the Trustee would likely (a) move quickly for a dismissal or (b) countersue you for harassment and frivolous claim.

I think you need to step back and take a realistic look at the situation and why you're so angry that you've been "cheated" out of the $1M you feel was due you for caregiving.

How much did you actually get, by the way? I'm guessing you don't want to reveal that amount.

TheBlackDogMina Dec 2015
TooYoungforThis.....I'd give you 50 Likes if I could.....it's not an inheritance until they are dead! It's their money, to be used for their care and yessss.....they can change their trust, beneficiaries, etc. Any time they want.....my Mother at 94 is a pretty wealthy woman (not 2.3 ML) but I am more than happy to spend her every last cent to be sure she is well taken care of, happy and content, in her last years....I know that I inherit upon her death BUT it would never ever , ever even enter my mind to fight over her trust decisions. I worked hard and saved my own money....if I inherit any from Mom it's just a sweet plus.....and $250K/year to walk an elderly to the bathroom!!?? You are either beyond disgust or a troll....

TooYoungForThis Dec 2015
You only have a case for malpractice against an attorney if the case was a meritorious one, and if you had excellent proof that your chances of winning the case were very strong. You can't sue an attorney and expect to win when you have no viable case.

Your lawyer is threatening to quit because he knows you're not going to pay him if he loses, and he feels that there is a very good chance that you're going to lose. At least if you settle, he gets paid. If you expect to be paid for the "caregiving" you did, you can't expect others to work for free.

The only person that can lead someone "off a fiscal cliff" is themselves. If your grandmother wanted to leave you money, or if she saw that you needed money, she would have left you some or gave you some. If you really do have a written contract setting forth specific financial arrangements, or if there is a will and your family members or others that are/were trustees are withholding money from you, you're going to have to sue them.

$250,000 per year for "caregiving" is quite excessive. I don't know any caregivers that make that much money. So, big deal----she had to go to the bathroom every 4 hours. Was that such a horrible thing to have to do---walk an old woman to the bathroom? Come on.

Oregongirl Dec 2015
I don't know about all of this. I don't even know how any zeros are in the amount you feel you are entitled to. Many of us on here are doing this because we have an emotional reason to care for the person as they die, Many of us who are caring for husbands that we were married to for 25 to 40 years. Many of us are simple people who will appreciate that the one we cared for had prepaid funeral expenses and had medicare and suppliment insurace to care for their health needs. There are so many here who are not being paid anything. The little bit we might get in an inheritance, will be a surprise blessing. Instead of what I will get, I was more concerned about WHO I was loosing. The love of my life. He was very kind to me and left me a bit of money. Even then, his kids fought me on it. So, the attorney got part of my money anyway. I would much rather have him back than to have money in my account. I wish you well, but I would agree with one of the posts. Get on with your life and build you own 2 million. I would not even know what to do with all that money. I am so sorry that you are in this predicment. Remember, attorneys cost a lot of money. In the end they are the winners. But, if the attorney messed up you have your rights also. I wish you well

ramiller Dec 2015
Egghead, did she cut u out completely? Care contract should be honored by any court if it was drafted properly.

IKORWPA Dec 2015
Oh sorry I misread your question. I thought she was still living. You would be untitled to payment for your work and the length of the time you cared for her. Contact another attorney about the missed deadline. Your attorney has malpractice insurance and you could go after the malpractice insurance because the deadline was missed. You might find it hard to find an attorney to go after another attorney but you do have a case of malpractice against the attorney.

IKORWPA Dec 2015
A million dollars for a family caregiver is excessive. If her care was suffering and you were not meeting the needs of her care you could get in more legal trouble if you pursue it. You are not entitled to your grandmothers money and she is able to decide how the money is spent. I am sure that the trustee who oversees the Trust has concerns about her care and how her money is being spent. They will bring in professional paid caregivers to support her. I recognize that this is the agreement that you had and you counted on it but the law and legal system will not see it this way. They will see it as undue influence. If you try to fight it you will end up with more legal issues. I would suggest that you and your girlfriend obtain regular employment and build a life outside of your grandmothers money. Make her proud love and support her and she might reconsider making an adjustment later in your life. It sounds like she needs that million dollars to support her life and ongoing care. The proper medical care is very important.

Dad_Was_Robbed Dec 2015
As mentioned here, definitely get another attorney

Salisbury Dec 2015
Oh, so sorry. This is a good story for people who think that all will be well in the future.

I have nothing but sympathy. Good luck!

anonymous310342 Dec 2015
Go see another attorney for a consultation

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