Legal Question in Credit and Debt Law in Florida

My 71yr old dad was in an assisted living private group home sponsored by a VA program for 3 months where the caregiver was, at best, uncooperative and negligent in her duties (she wouldn't let a nurse in the house to check on him when he wasn't feeling well after a hospital discharge, and she left him stranded at the hospital because she said "he was rude to her" and so he had to take a taxi home, and during a hospital admission, the caregiver was reported to the state by hospital staff for abuse/neglect over the way she was caring for dad). Because the caregiver was interfering with his medical providers, the social worker from the VA advised us to move dad immediately, and as the coordinator of the VA program she waived the 30 day required notice to vacate. At the time of dad's move out, he still had 5 days left in the month, and we advised the caregiver to keep the refund from those 5 days to any balance he may have had. The caregiver is now demanding payment for a $500ish balance, from ME personally (I am his power of attorney, and only signed the contract in the capacity of a POA. Dad is not incompetent, so the POA is only set up should we need it) stating the contract dad and I signed stated that there are no refunds without a 30 day notice, no refunds on 5 days or less and that because I signed the contract I am *personally* responsible for the and she is going to sue me for the $500ish plus all court costs. Further, she is harassing me for the money via phone calls and text messages to the point of needing to block her number. I feel like the contract was voided by her when she chose to refuse to let the nurse have access to dad, so why should she even be able to enforce the contract (let alone think she can sue me personally). If she is going to continue to pursue this, I am more inclined to pursue a personal injury claim on behalf of my father rather than let this simmer and go away. Any advice?


Asked on 4/18/16, 12:30 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Not sure you can sue for personal injury but certainly you can file an action with the State Attorney's office for elder abuse since you have the proof from the VA.

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Answered on 4/18/16, 12:50 pm


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