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  1. #1
    Join Date
    Aug 2017
    Posts
    3

    Default Exploitation of a Disabled Person

    My question involves criminal law for the state of: Georgia USA

    I am inquiring about being able to bring this situation to the DA in order to have two people charged, specifically an Elderly person that is considered as competent, but has a combative, high conflict personality and entitlement issues that can be documented by past examples, along with a Representative of Victim Assistance who assisted in accomplishing this situation.

    My question is can an Elderly Person, who along with the help of a Representative of a non profit organization providing Victim Assistance, be charged with 16-5-102 Exploitation of Disabled Persons if they have created a fraudulent Court Order that is completely different from the actual decision made by the Judge and specifies the Disabled Person is ordered to pay money to the Elderly Person that they aren't entitled to recieve. Together, the pair staged a condition in Court in order to favorably cause the Judge to unknowingly sign off on a fraudulent Court Order, and then successfully filed this document with the Clerk of Courts Office, and distributed a signed copy of the document to the Disabled Person. The document was designed to intimidate the Disabled Person and specified the Disabled Person was required to pay the Elderly Person a sum of money over 1000.00 that the Elderly Person was not entitled to recieve. The actual decision made by the Court was entirely different from what is stated on the document and made no provision for any kind of money settlement for either of them. The second attempt to enforce this same fraudulent Court Order was done when the Elderly Person sent a written demand by certified mail to the Disabled Person to pay the money in 14 days or else they would use the Court to enforce the (fraudulent) Order. The third attempt was when the Representative of Victim Assistance contacted the Wife of the Disabled Person directly by phone at her place of employment inquiring when the money from the second attempt (written demand) was going to be paid to the Elderly Person. There was no transcript of the session ordered and both parties show on record representing themselves. By now, the stress was enormous for the Wife as she was in Court as well and knowing full well what the actual Judges decision was, she refused to pay any money to the Elderly Person and advised them to take them to Court if they wanted anything from the Disabled Person or herself. Shortly thereafter, the wife retired early from her job of 22 years due mostly as a result of the stress created aggravating her health issues at age 57.

    The first attempt in Court was 25 months ago, the second attempt by written demand occured 22 months ago and the last attempt verbally by telephone to the Wife was 21 months ago. Although it appears presently that they have abandoned thier attempts to collect this money, the threat has become a real source of concern for the Disabled Person with frequent emotional outbursts of anger, and fear of not being able to prove the Order was created fraudulently as more time goes by.

    Additionally, since the document was a Court Order and filed successfully in the Clerks Office I would like to know if they can be charged with violation of these additional statutes: 16-10-20 False Statements and Writings, Concealment of Facts, and Fraudulent Documents in Matters Within Jurisdiction of State or Political Subdivisions and 16-10-20.1 Filing of False Documents and if there is any possibility of recovering damages in a Civil Action as well.

    Thanks to all your time and any suggestions would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Abuse of a Disabled Person

    Help the disabled person get a lawyer to unravel things. Your scenario is both complex and unlikely and, if in fact it occurred as you describe, does not appear to be something that the disabled person will be able to clear up without competent legal help.

  3. #3
    Join Date
    Aug 2017
    Posts
    3

    Default Re: Exploitation of a Disabled Person

    As unlikely as it sounds, I was there and watched it unfold. I realized afterwards how the sequence of events had happened causing the Judge to hastily sign an order without taking time to review it. Does he need to seek an Attorney that specializes in particular area of law?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Exploitation of a Disabled Person

    Quote Quoting Tessa Larae
    View Post
    As unlikely as it sounds, I was there and watched it unfold. I realized afterwards how the sequence of events had happened causing the Judge to hastily sign an order without taking time to review it. Does he need to seek an Attorney that specializes in particular area of law?
    That would be best.

  5. #5
    Join Date
    Aug 2017
    Posts
    3

    Default Re: Exploitation of a Disabled Person

    Exactly...the other varied problem situations this family has experienced inconjunction with the actions of the Elder Person (that havent been posted on this forum) amount almost needing a professional in every area of the law. The Elder Person has a sincere wish to do whatever she can to destroy the 20+ year marriage between the Disabled Person and his Wife as the Wife is incidently her Daughter who she jointly owns by JTWSR the residence of the Wife and the Disabled Person. Although, the Elder Person no longer resides at the property, when she left she abandoned all her financial responsibility for the property onto her Daughter for several years now. The Daughter knows the remedies available going to Court but feels the Elder Person will invoke Partition as she is unable to buy her out, which could result in the property being auctioned on the Courthouse steps. The house is upside down and the possibilty of it selling for less than the payoff is a concern to her. So many situations that end in Stalemate. The Daughter has beared the brunt for keeping her marriage intact and it has cost her. When you have a vengeful Senior Citizen who feels entitled to control other people in order to accomplish a negative goal, it can be very destructive to a family.

    Please reccommend an area of specialty for them to seek representation for JUST the fraudulent document. Perhaps, this is the best starting point for this family.

    Thanks again for any input.

    Ive been watching to see if anyone else had any input and sadly none has. This is as I feared since this is such a complex issue. I would just like to know if anyone can tell me "what type of an expert do these folks need"? I am at a loss trying to direct them to help and it seems very unfair. Looking at the statue of limitations, there is 15 years on the Exploitation charge and the longer they wait, the harder it may be to even try to do anything. It doesnt seem they have an option of walking into the DA by themselves without a person to represent them. I hate seeing people being so intimidated by the process. I have even thought of trying to contact a Law Professor to ask what direction to send then in. I wanted to thank the two folks here that posted a reply on this thread anyway.

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