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  1. #1
    txmom72 Guest

    Angry Mental Anguish?? Do we have a case??

    What is the name of your state?Texas
    What grounds do you need to have to file a Mental Anguish lawsuit against someone? I am asking because my Cousin has petitioned for Guardianship of our 92 year old Grandmother who is in a nursing home. My father, mother, and older Sister have been the ones taking care of her and visiting her since she was placed in the facility. My father passed away in March, and this cousin came to my mom's house 3-weeks after he died demanding all of my grandmother's things(will, bank accounts, pictures, etc.) and flashing a Power of Attorney. My mother had a Power of Attorney too. Needless to say, my mother did not give her anything so the cousin has now filed for Guardianship of Grandmother. The allegations(theft, coertion, commingling funds, etc) the cousin has made in the paper's against my mother and father are total LIES! The reason for a Civil suit would be to recoop all of the money it is taking to fight this and to seek damages because of the stress and depression my mother has had to endure because of this. Do we have a case?? There is more to this, but that's the basics of the story.

  2. #2
    Join Date
    Feb 2002
    Bikini Atoll
    Prior to posting to this tread, read the other threads that OP started. She must have closed the following thread [URL="http://forum.freeadvice.com/probate-personal-representatives-114/medicaid-question-194972.html"]Medicaid question?[/URL]

    The following PM was sent to me from txmom72 after posting to the above closed thread.
    Excuse me!!
    I was just trying to get advice. If I knew the answer to the question already I wouldn't have asked? I would NEVER purposely do something illegal!! Please try and use a little more tact when answering someone's question. Thank you for making me feel like a criminal!! My dad just passed away and he was in charge of all my Grandmother's affairs, now my mom will be the one handling things for her. I was just trying to get some answers to a few question's she had. Thanks anyway!
    For those of you who are reading this, here's the link to another thread of txmom72
    [URL="http://forum.freeadvice.com/wills-trusts-estate-planning-113/money-issue-194556.html"]Money issue![/URL]

    You'll all see that grandmother has already received a settlement of $150,000.00 last October. What is not clear between the posts is whether or not the $150,000.00 settlement is from the grandfather working in the Atomic Plants. On closed thread, txmom72 states that grandfather has an open Abestos Case, grandmother is beneficiary and may receive settlements. From the other post, txmom72 stated that grandmother gave txmom72's parents the $150,000.00 to help with txmom72's father. Then txmom72 stated that her mother, who is POA for txmom72's grandmother, gave the settlement money to txmom72 to put it in a special account under txmom72's name. Dandy Don and taxlady@pacbell properly advised txmom72 regarding the relatives on the thread. Two days later, txmom72 began the closed post. I did look at the the first thread, noticed some inconsistencies, and chose not to point them out when posting to the closed thread. Would anyone else like to inform txmom72 what will happen when Texas' Medicaid Dept. reviews grandmother's bank account that had the $150,000.00 in it and what will happen by not reporting any further monies?

    In this thread, the relatives have accusations regarding grandmothers funds.

  3. #3
    Join Date
    Feb 2002
    Bikini Atoll
    I'm so glad that you posted, as there's a few things that need to be "aired out." I am sorry about the loss of your father.

    Originally Posted from txmom72
    from link [URL="http://forum.freeadvice.com/probate-personal-representatives-114/medicaid-question-194972.html"]Medicaid question?[/URL]

    You're right, I do choose to reply with PM's because I wanted my reply to go directly to you Blondie!!
    Why didn't you POST a reply DIRECTED specifically to me?

    I do not appreciate being insulted.
    The reply, "You report the money and use if for the resident's care" is an insult?"
    The statement (info) "Spending down is illegal" is an insult?
    The question "Are you expecting someone here to assist you in committing fraud" is an insult?
    Where's the insult?

    I believe the whole purpose of this forum is to get questions answered.
    Did you get your questions answered?

    I don't know anything about Medicaid laws, if I did I don't think I would have asked the question, DUH!!
    A Forum rule: your question may have already been answered ... (from top of page).
    Had you followed forum rules, you would have found that your question has already been answered.

    I know all about people like you, POWER TRIP!
    Great!! Knowing all about people like me makes life simpler.

    Anyway, thanks for nothing.
    You're welcome.

    It's funny, I posted the same question on another board and I got a VERY polite and informative answer.
    The ONLY answer I gave you was "Your report the money and use it for the resident's care." Sorry, that was not a rude answer.

    Last edited by BlondiePB; 09-17-2004 at 08:01 AM.
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