Legal Question in Elder Law in California

My father is currently at a board and care facility in hospice care. This morning the hospice care agency contacted me to let me know they found my father tied up in his wheelchair by the caregivers in the facility. They said they contacted all the necessary authorities in regard to it. I myself also contacted the state ombudsman for my county. The hospice care agency also says he has not been receiving his medication. I pay monthly for the medication and had no idea he was not receiving it. Is there anything else I can to this facility? Or is contacting my ombudsman for my county the only thing I can do?

Asked on 8/25/14, 7:26 pm

2 Answers from Attorneys

Len Tillem Tillem McNichol & Brown

First, I suggest moving your father to another facility, especially if you are considering legal action against the board and care home.

You have a potential elder abuse case against the board and care home under the Elder and Dependent Adult Civil Protection Act, which includes an attorney fee provision (your legal fees would be paid by the board and care home if you win).

If you are looking for an attorney in the San Diego area, you can seek a referral from the California Advocates for Nursing Home Reform at 800-474-1116. They have a state-wide legal referral service registered with the California Bar Association.

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Answered on 8/26/14, 9:20 am
Terry A. Nelson Nelson & Lawless

You have described elder abuse and neglect, grounds for a lawsuit if you can prove it. Sounds like you can. If serious about hiring counsel to help in this, feel free to contact me. Iíll be happy to help fight and get the best outcome possible. You should be filing formal complaint with all the appropriate state agencies, with the local DA and police, etc. Gather your witnesses so you can locate them for testimony later. Get detailed written statements from everyone you can about the treatment and their observations. Play detective immediately to gather all the facts you can. Move him to an appropriate facility to avoid 'problems' you won't like.

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Answered on 8/26/14, 11:59 am

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