QUESTION
How do we get this person out of the home for elderly abuse?
Asked on Jan 16th, 2013 on Criminal Law - Florida
More details to this question:
My family recently hired someone to care for our two elderly parents on an emergency basis after hospitalizations until qualified individuals could be hired. Now we are unable to get this person out of the home. They have endeared themselves. One parent has dementia and the other Alzheimer’s. All medications for both need to be supervised per doctor’s orders. I am the DPOA for one parent but not the other. The hired person hired has struck a deal with the parent that I do not have DPOA for and I am at a loss as to how to remove this person from the home. The person has administered drugs incorrectly to a heart patient, recorded incorrect medical information for a diabetic, and I have reports that they have showed up to work high. They have also contacted other employees concerning their employment status/wages.
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
You may have to go to court to be appointed guardian over the parent for who you do not have POA, or if someone does have POA, convince that person to join with you in kicking the caretaker out.
Answered on Jan 21st, 2013 at 12:44 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. You may want to place your parents into an conservator ship. I strongly suggest that you contact an experienced elder law attorney for a face-to-face consultation and give him/her all of the facts surrounding the situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 18th, 2013 at 9:37 PM
Michael J. Breczinski
Evict the person under you DPOA.
Answered on Jan 18th, 2013 at 9:37 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Talk with the employer and raise your concerns. If it is really abuse, you can call the Idaho Adult Protective Services and ask for their advice.
Answered on Jan 18th, 2013 at 9:36 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
I have two answers, and you might want to do both: 1) See if your local county Department of Social Services has an elder abuse division. If so, contact them and explain the situation. Work with them to get the help your parents need. 2) You, or some other trusted person can become the guardian for one or both of your parents. That person should be able to get a temporary order pending the appointment, and once appointed, the guardian has full authority.
Answered on Jan 18th, 2013 at 9:32 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You hired this person. Fire them for starters. Order them to leave and if they don't have them arrested for trespassing. The fact that they have endeared themselves with one or more of the adults is a problem for you, you may have to bring suit against the person. See a tough minded lawyer in your county he may be able to scare the person out without a lawsuit.
Answered on Jan 18th, 2013 at 9:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney, hire qualified persons and dismiss the current one in writing using the DPOA your have for the one. You can also bring a probate action for guardian/conservatorship as to the one you do not have a DPOA for if that is necessary, as you state they are both suffering from dementia. Document everything about the present "caretaker".
Answered on Jan 18th, 2013 at 9:29 PM
Thomas Edward Gates
If the company that she works for will not remove her, go to court and be appointed their guardian. Your DPOA is only good for financial matters. You could refuse to pay for service for the one you represent, but I see bigger issues in doing so.
Answered on Jan 18th, 2013 at 9:27 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
You need to actually go see an attorney about this.
Answered on Jan 18th, 2013 at 9:26 PM