While residents can file a nursing home abuse lawsuit directly, in many cases family members can also file on their behalf. If you have a power of attorney (POA) or are a nursing home resident’s guardian, you may be eligible to file a lawsuit on behalf of your loved one. If you are not currently eligible, our lawyers can help you take the steps that are necessary to move forward.
When nursing home residents suffer harm due to neglect or abuse, holding the nursing home accountable is an important step in the recovery process. Not only does this help ensure that the nursing home will not make the same mistake again, but it can also provide residents and their families with the financial resources they need for the future.
In Wisconsin, nursing home residents can file lawsuits themselves provided that they have the capacity to do so. If your loved one is a victim of nursing home neglect or abuse and does not have the capacity to take legal action, you will need to determine who can file a lawsuit on his or her behalf. There are a handful of possibilities; and, if no one is currently eligible to file a nursing home abuse lawsuit on your loved one’s behalf, your lawyer will be able to assist you with doing what is necessary to move forward.
Filing a nursing home abuse lawsuit on someone else’s behalf requires the legal authority to do so. In Wisconsin, this legal authority can be established in two primary ways:
The first—and most straightforward—route is through a power of attorney (POA). A power of attorney grants someone the legal authority to make legally binding decisions on someone else’s behalf. Specifically, in this scenario, a “durable” power of attorney can be used to file a lawsuit on behalf of a nursing home resident who is a victim of neglect or abuse.
A power of attorney is a legal document that is commonly created during the estate planning process. If your loved one signed a durable POA as part of his or her estate plan, you will need to locate this document to determine who is authorized to file a nursing home abuse lawsuit on his or her behalf. If your loved one does not currently have a durable POA but does have the capacity to sign legal documents, your loved one can sign a power of attorney granting you (or someone else) the authority to pursue a lawsuit in court.
The second option is guardianship. Guardianship also grants someone (a guardian) the legal authority to make decisions on someone else’s (a ward’s) behalf. But, in doing so, it restricts the ward’s own decision-making authority. As a result, guardianship is generally considered a means of last resort, and it is typically used when a person is no longer able to make sound and legally binding decisions due to an incapacitating illness or injury.
Establishing guardianship involves going to court. To become your loved one’s guardian, you will need documentation that explains why your proposed guardianship is needed. Our lawyers can help, and we can seek to establish guardianship on an emergency basis if necessary.
The short answer is, “It depends.” If your loved one is capable of speaking with our lawyers about what happened, it will be best if we can hear from your loved one directly. However, if your loved one is incapacitated, we can still file a nursing home abuse lawsuit without his or her direct involvement.
Once we learn about your family’s circumstances, we will be able to explain your options for moving forward, and you can use the information we provide to make informed decisions about how you want to proceed.
In cases of nursing home neglect and abuse, it can be important to take legal action promptly. With this in mind, if you have any questions about your family’s legal rights, we strongly encourage you to contact us for a free, no-obligation consultation.
Learning that someone you love has suffered abuse or neglect in a nursing home can leave you feeling angry, overwhelmed, and unsure of what to do next. At Boller & Vaughan, we understand how difficult these situations can be. Our experienced nursing home abuse lawyers are committed to protecting vulnerable residents, holding negligent facilities accountable, and helping families pursue the compensation their loved ones deserve.
Even if you’re unsure whether you have the legal authority to file a lawsuit, we can help you understand your options and take the necessary steps to protect your loved one’s rights.
Contact the Madison nursing home abuse lawyers at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
