Legal Question in Personal Injury in Arizona
defamation injury
I was assisting my father who was the mpoa for an elder veteran that had created a rev. living trust. The trust was now irrevokable due to the elders dementia etc... I was visiting and working out discharge plans with the social worker at the V.A hospital as the man tried to kill himself and was now in the mental health ward. The granddaughter of the man called the social worker and told all kinds of lies. That I had forged the deed to the mans home over to myself, I could have given the man the O.D, and other things regarding my father using the medical P.O.A to abuse his financal accts. none of which were true. and could have been proven if the social worker would have just ask about the alligations we could have proven us right.but believed the granddaughter without any evidence she was telling the truth. she then helped the G.D have a new poa signed giving her fincial poa and revoking the mpoa even though he was declaired incomp. months ago and was now in the mental ward. the only reason the man believed the G.D was ''because the V.A people were there when she told me'' and through that deception they '' witnessed signature'' not capacity as the dr. that restored my fathers poa. I have been damaged by the libel by V.A and G.D
1 Answer from Attorneys
Re: defamation injury
You might want to alert Adult Protective Services of this situation. If the gentleman is suffering from the dimentia you describe, I am wondering how he had capacity to sign a new power of attorney, especially under the strict provisions of our power of attorney statute.
As to defamation, you must decide if that is something you want to pursue. It might not be worth all the attorneys fees. Questionable if an attorney would accept this case on a contingency basis, but you could try.
Since you are only helping someone else, you appear to have no financial damages.
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