Legal Question in Elder Law in Massachusetts

Elder abuse

I and my mom are being taken to court because of my sister through

old colony elder services. There is no evidence of abuse however, they

want to test her to see if she is in her right mind and appoint a guardian to her. She moved to my home in August and my sister accused me of spending all her money, which is only her social security. But its also listed in the court papers as abuse and neglect.

How do i prove to the court that none of this is true. I can't afford a lawyer neither can my mom. So how can I prove that I didnt' do anything wrong and that shes happy.

Asked on 11/01/08, 8:07 pm

1 Answer from Attorneys

Alexandra Golden Golden Law Center

Re: Elder abuse

Depending on which statute Old Colony is using, your mother will be appointed an attorney or a guardian ad litem. She can also seek help through your local legal services agency if she wishes to oppose the action.

You, however, are in a different situation. I hate to sound crass, but take an advance on the credit card or hit the line of credit on your house and raise the money to hire a lawyer -- you are going to need some experienced help to weigh the strengths and weaknesses of your case and to advocate for you in court. You should also find the money to retain the services of a geriatric care manager, who can objectively evaluate the situation from a social worker's perspective.

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Answered on 11/01/08, 8:17 pm

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