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On April 22, my parent's new elder care lawyer sought to stop my investigation into their care under my sister who had moved into their home and refurbished it, revoking my POA status and declaring in a letter that my parents were satisfied with the care my sister was providing.

In May, a nurse that visited my parents, appointed by the lawyer, observed unusual behavior between my sister an my parents, that looked like verbal abuse. My parents subsequently shared more concerns directly with the lawyer how both my sister and her husband (who were living rent-free with my parents) were asking for more money.

At some point a social worker was contacted and investigated the situation. A report was submitted. The results of which were an ultimatum given to my sister and family to leave my parent's house by June 12.

I was not privy to any details. After my sister left, my father told me what had been happening and what had transgressed on June 12. My father said he has memories problems and cannot give all the details. He suggested that I speak directly with the lawyer handling things (The one that revoked me as POA).

June 16, I contacted the lawyer to set a time to chat, stating that I had no current legal representation
June 17, the lawyer wrote back that state law prohibits a lawyer to speak to someone that currently has legal representation. She contacted my previous attorney, who communicated to me. In his note to me, he shared that my parent's lawyer didn't know what my father wanted her to talk to me about, so she didn't go into any specifics. In regards to the suspicions of Elder abuse, it was presented in this correspondence as "Things didn't work out with your sister, so she and her family moved out of your parents’ house on June 12." This seemed to totally gloss over the actual events and incriminating details.

I am wondering if my parents lawyer is being deliberately vague for fear of being accused of acting irresponsibly? Also how she is giving me the runaround when I ask to talk directly with her.

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Sleepless, thanks for coming back with such a candid explanation. I don't blame you - our situations can get so stressful you can begin to suspect even the birds of singing too loud on purpose. And when you're having to deal with a lawyer… ;)

I'm just glad it all got straightened out, well done.
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Thanks everyone for your responses. The responses stating that they don't see any malpractice were correct. This was my first time contacting my parent's lawyer and I was stressed out and misinterpreting every action she made. She asked me to state that I currently didn't have legal representation, and I misinterpreted that as something devious.

In the end I had a very comfortable and gratifying discussion where she was up front and straight forward about how she was looking out for my parent's best interests. In any event, even with my paranoia I was glad to bounce these ideas off the forum, rather than cause problems for my parents.
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Mudiver, they are not in a nursing home, they are in their own home. So there's no Ombudsman for that. Plus, sleepless is living somewhere in a foreign country. It's hard to do anything from far away.
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Call the State Ombudsman thats actually what you do, screw the lawyer.
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I don't see the malpractice either. The lawyer does not remove you as POA, your parents did, they are the ones who designate POA. The lawyer showed good diligence by sending a nurse. The abusing party is removed.
Since you are abroad, you won't be POA or Guardian.
Your parents' attorney is protecting the confidentiality of his clients. You do need to follow proper protocol by working through your attorney.
The safest option for your parents is for them to have a Guardian, and that appears to be in progress. It won't be you, ask your attorney. It will be someone within the jurisdiction of the surrogate's court, in the same county as your parents.
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In Virginia it would cost a great deal of money to bring malpractice, maybe 75,000. Malpractice Insurance is primarily there to protect corporations, is also not required in some states. You would need to fight this lawyer to lawyer LOL that's why they drive the big $$$ cars. Bad lawering is not illegal, and that's up to the judge. Lawyers screw up stuff as a matter of course.
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Further, to answer your questionl whether legal malpractice exists, I don't even see an iota of malpractice. Even if your did actually terminate professional relations with your own attorney, your parents' attorney is still acting ON THEIR BEHALF, not yours. Her duty first is to them, not to you.

On what basis would you suspect malpractice?
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It is true that a lawyer is ethically not supposed to speak with someone about another's legal issues if that someone has legal representation. Lawyer to lawyer is the proper communication method.

It's unclear to me why your parents' attorney would be "deliberately vague" or what the "irresponsible" action might be. Is it that you feel you should be able to speak with your parents' attorney and freely get any information you want?

Did you actually terminate (in writing) legal representation of your own attorney? If not, it was entirely and ethically inappropriate to contact your parents' attorney directly.

Unless have made that termination, the proper and ethical method is to submit your questions to your attorney, who will contact your parents' attorney to get answers, if the latter feels it appropriate to share that information without compromising her integrity and your parents' interests. Most likely she will contact your parents to discuss your concerns with them and ask if they wish her to communicate them to you.

I'm confused though, what it is you want to find out. It seems you know the details of the sister's departure. What other aspects concern you?
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I would imagine that your parents' lawyer isn't able to speak to you about your parents as that would breach confidentiality laws.

And don't pay any attention to the 1 or 2 rude people on this site. They're the exception not the rule.
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