I have so many questions but first, thank you. Those of you who take the time to read and answer questions. I will be posting a few times about some things I think I know, but I want to be sure.
I need help. This is so very complicated so I'm sure there will be a lot questions.
I live in Rural Eastern Oregon and a court case was decided here that puts family interaction at risk for all dementia/Alzheimer's residents in Oregon. 58 years of marriage was reduced to 30 mins once a week. He passed at the end of January this year and I am filing into the case pro se as an interested party, to get this on the record, and overturn the restrictions.
Why was it done? Medicare fraud is easier to perpetrate when the family is not around.
What possible justification could they have for such a draconian restriction? "for the protection of the protected person" citing his wife's frequency and duration of her visits caused him harm.
I need a speech pathologist to evaluate speech sample/s. However many they feel they need to make a determination.
I would rather not use someone local because of conflicts of interest, I've already met resistance because of concerns about "taking sides" in what appears to be a family dispute, working relationships make people hesitant to speak out, and I need someone who can truly give an independent evaluation without community pressure.
Specifically what I need is:
A licensed speech pathologist to evaluate recorded speech samples Professional assessment of cognitive functioning based on conversational abilitiesExpert opinion comparing observed capabilities to claimed limitationsPotential expert declaration for court submission
This is after death, but that ruling still stands and it shouldn't. This is to get someone to take notice who can investigate this properly with authority. We have a newly elected Judge and I am confident he will see this for what it is and reverse the decision allowing the record to be corrected. My best arguments are based in medical and I have nobody with medical background to back it right now. This would help, a lot.
I am asking for help, I am not soliciting services, I am a volunteer... I met his wife when installing security cameras for her (I am a security consultant with my own modest company. I'm a Marine Veteran and I just can't sit by and watch this happen.) That's why I do it but I also acknowledge that it's not fair to ask someone else who's not emotionally involved to do this for nothing.
Please see some other questions I have regarding common medication practices.
In another life I was a research analyst. I have learned a lot this last year and I will help where I can in the forums.
Thank you for being a loving caring community.
I really don't think this forum can help you. We are layman and this woman needs a lawyer.
I would love a little more oversight on questions prior to posting, but I have no idea how that all works; I think it is "anything goes" unless posts are reported. Even then I think admins give lots of leeway.
Your situation sounds EXCEPTIONALLY complicated!
I am certain trying to give details could not be done in under novella size book.
Trying to communicate things in writing is also almost impossible with these complicating factors and this long history.
I fear, without an attorney there is little to nothing you can do here.
And without the person you are speaking of still in the world of the living there is nothing the law can do to compensate but assign compensation in the form of a judgement of money.
That's something almost impossible to get, and one reason for that is something you have already mentioned, the very COSTLY need for expert assessment and witnessing. It is enormously expensive. Moreover the compensation to a dead person or his family is almost nil, and attorneys cannot make money off cases resulting in nothing. Add to that, there is almost nothing paid for the woes suffered by those over 60, who are considered on their last legs in ANY case? And you have a bad projection for the future.
My fear here is that you will invest an exceptional amount of time and money for no reason, and that you will frustrate yourself and prolong and complicate your grieving process. And what would you be DOING any of this for? Wrongful death suit? It doesn't sound like that. Imposition of wrongful restrictions on visits? There won't be a judgement of money on that, in all likelihood. At BEST someone may say "Oh, sorry!"
So, were I you I would start with an attorney. I would lay out, in an hour of time:
1. Exactly your accusations of wrong doing are.
2. What proof you have of the wrong-doing.
3. What results in injury to you or your loved one occurred as a result.
4. What compensation or result you are looking for.
5. Whether or not such a case could be taken on contingency.
I don't know what happened here or what the claims of the state or other family members CAUSED it to happen, but I will wish you the best of luck.
I think a Forum will be of little use to you, and an hour with an attorney will give you hard and fast answers to what can next be done to satisfy your grievance, or to even address it.
Good luck.
What is this profound "ruling" against this one woman that you think is going to send shockwaves throughout the justice system? Can you at least post a link to related news articles? Or weren't there any?
You seem to be trying to initiate some sort of legal action or lawsuit even though you're not the affected party. You really need to consult with an attorney first to see if you even have any hope of pulling this off. You are the one who needs to pay the attorney.
Honestly, this seems more like a legal issue than a caregiving issue so I'm going to let the admins decide if it should remain.