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How can I become my mother legal guardianship? What do I need to do ? I have video tape of my mom's abuse at the nursing home where she lives and her legal guardian refused to respond back to me.
the one abusing my mother has the power of attorney, mom really afraid of her, she had her sign during a nursing home visit, under medications and dementia. Heart broken her other daughter.
Make copies of the video. Go to the police and file a complaint and give them one as evidence. Get copies of their report and go to an attorney and have him or her file to have you made guardian. Make sure the attorney has a copy of the video. Tell both the police and attorney that you showed the video to the legal guardian who didn't care. Your attorney can file in court and will be able to show this evidence. I would also recommend giving copies and a complaint to the state department of human services.
You don't mention who the legal guardian is. I would start first with Adult Protective Services if the tape of abuse is in your possession. You can petition a Probate Court to look into the matters and appoint a guardian ad litem for your mother. It is curious her legal guardian is not taking this abuse more seriously. You didn't mention if you have the finances to hire an attorney, in which case you can consult your local legal aide attorneys. Best wishes.
Unfortunately, the police will do little to nothing. They don't have the authority. Because she is in a facility, the county/state Ombudsman's office handles complaints about maltreatment of nursing home residents. This may be within the Adult Protective Services department. The court process will take some time to get through. The judge could probably put in some sort of injunction temporarily to keep the current legal guardian from doing anything. Hope this helps.
Adult Protective Services in this are required to respond to a request for investigation within 72 hours, I think. If the request is for physical abuse, I would think they would respond much faster than that. Call the police and file a report since it is a weekend. It seems they would have to do something.
I was told to go to probate court with this issue, but needed to have lawyer ready for court date. What if abuse has been so bad that my loved one may die before court date. I have seen a lawyer about this & have photos of bruises he advised me to take.
Should I just call the police when I come into nursing home & find inadequate care/abuse? Do they have authority to remove a resident immediately? Where would they send resident--the hospital?
Thanks for any help on this. The other answers have been helpful but I am still somewhat unsure what to do re a critical need.
These are all good answers. The process of becoming a legal gardian takes time. Your attorney will file the papers for you, yet they may require an investigator to interview your mom and the people @ the facility to be sure the guardianship is warrented. You should not have a problem with this. Good luck!
If nothing else...take this video to the court, to a judge, or the police. Usually a guardian is looked over or has to report to a judge that oversees them. I am sure the judge would take care of this. Also take the video to the Adult Protective Services. There are laws against abuse. The police could also help you, they usually have a officer that works with this. Crimes against the elderly, I mean. Please take action now.....what a horrible thing. You and your mother will be in my prayers.
You will need a lawyer who is well familiar with the process and if your mother already has a legal guardian, you might want to go to an attorney who truly specializes in elder-care affairs.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Should I just call the police when I come into nursing home & find inadequate care/abuse? Do they have authority to remove a resident immediately? Where would they send resident--the hospital?
Thanks for any help on this. The other answers have been helpful but I am still somewhat unsure what to do re a critical need.
They may be able to direct you to attorneys who will work pro-bono on a seniors behalf.