QUESTION
Do I have any legal recourse to sue an ALF that has allowed a sexual relationship to occur between my father and a female patient?
Asked on Jun 10th, 2012 on Elder Law - Florida
More details to this question:
I am his only son/POA and have repeatedly spoken to the management objecting to this situation. They have continually assured me that they would do their best to keep them apart as staffing would allow and to evict the female patient if she continued her pursuit of my father. I recently again came upon them kissing and groping in a private outside area that was not monitored by the on-duty personel. At that time there were only four personel on-duty that were suppose to watch/supervise forty five patients. I feel that to allow this situation to continue is extremely inappropriate given their conditions and that the ALF should be held accountable for allowing it to continue and for not addressing the family''s objections.
1 ANSWER
4 Awards
Unless your father has been declared incapacitated, he is permitted to choose his social environment. I would suggest that you find an attorney who practices in the field of elder law. He or she may be familiar with the ALF, and may have better success in dealing with the personnel. Additionally, he or she may help you file for guardianship of your father. If your father is declared incapacitated and you are appointed his guardian, you could determine his social environment. Further, as his guardian, you could move your father to another facility.
Astrid de Parry, P.A.
107 E. Church St.
DeLand, FL 32724
386-736-1223
Answered on Jun 15th, 2012 at 1:26 PM