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Nonthewiser19 Asked April 2019

My coworker has been accused of coercion by an elderly clients family. They are going to court to gain guardianship. How should she proceed?

The client has removed the family from her will and put my coworker as beneficiary instead. She doesn't know how to proceed.

Shane1124 Apr 2019
Your co-worker needs legal counsel as these are very serious allegations.

What’s the rest of the story?

Looking objectively - surely you can see some impropriety in this situation.

DeeAnna Apr 2019
Your co-worker needs to consult an attorney ASAP who deals with caregiver/employee malpractice as that is basically what he/she is being accused of. 

If your co-worker works for an agency, he/she needs to review the agency's policies regarding the receiving of gifts( such as being the beneficiary of a client's will.) to see whether he/she has violated any agency policies.

If your co-worker is a Certified Nursing Assistant or Medication Aide or a LPN or RN, then he/she most likely will have to appear before the State Board of Licensure so that they can determine whether he/she violated any state laws governing CNAs, MAs, LPNs or RNs and your co-worker could lose his/her license to practice "caregiving/nursing" or have license put on probation for several months/years.

This is a serious situation and your co-worker needs to consult an attorney ASAP!

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JoAnn29 Apr 2019
Sorry, we r not lawyers and shouldn't be giving advice.

Gaining guardianship will not allow them to change the will if the client can make decisions for herself. Does your coworker work for an agency? I would think their rules don't allow a client to put their employees in wills.

Your coworker may need a lawyer eventually. There is Legal Aid that charges on scale.
Isthisrealyreal Apr 2019
If they can get guardianship obviously she isn't competent. The courts are very cautious in taking away anyone's rights.

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