Legal Question in Family Law in Louisiana
My son is post-stroke, his family suspects he is being abused by his caregiver
My 38 year old son is a stroke victim, hospitalized still after
four months, unable to speak and paralyzed on his right side.
His family suspects his wife of two years is verbally and possibly physically abusing him. She has compromised his care on numerous occasions by refusing treatments, meds, IV's, etc. We have evidence that he is fearful of her because he holds on to us and cries as soon as she leaves the room. Are there any laws that protect him? We are desparate to find out our options as she is threatening to remove him from the hospital altogether, although he needs additional surgeries, etc. Please help, a sad and worried Mom.
1 Answer from Attorneys
Re: My son is post-stroke, his family suspects he is being abused by his caregi
Dear Law Guru Mom,
Sorry about your son! Hope he gets better soon! Sorry about how your daughter-in-law is treating him! I have thought this problem over, and one possibility I have come up with, if you think the problem is bad enough, is to seek to have your son interdicted and to have yourself named as his Curator (caretaker). I am sure that the law provides some ranking of who is to be preferred as the Curator, but with a proper showing that he is being abused and/or neglected, then there is a good chance the court would name you as his Curator.
Also, although I have not examined any such laws, I feel relatively confident that there are some laws on the books to protect such as your son from being abused and to punish anyone who abuses the infirm. You might want to talk to an attorney, or to the D.A., and find out what such laws may be available. Of course, while your son is in the hospital, then the hosptial has a responsibility to make sure that he is not abused nor neglected.
I am sorry I cannot give you a more encouraging and more definitive answer than this. Your problem is one that I have never been confronted with in over 35 years' of law practice. My recommendation is that you do just what you are doing, and that is checking with lawyers to see what they can advise you. Maybe some other lawyer knows something that I am overlooking or that I am not aware of. I have always said, "Take ten different lawyers, and you get ten different opinions." Best of luck to you and your son! I will try to remember to say a prayer for him, even though I do not know him personally.
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
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