My client came into the office 2 days in a row, wearing the same filthy, very smelly clothes, had dirt everywhere, scalp, nails, ears. He looks like he is physically weak, slow, but mobile and drove to my office. He has a daughter about an hour away who I do not know, nor do I have her phone number. What can I do, if anything?
If for some other reason, I think you still could ask him about the closest relatives, as it may at some time or other affect your ability to contact him w/I the scope of the work you're doing.
On another level, assuming you have contact information for him, you could call APS to do a welfare check.
However, I would absolutely, definitely make the attorneys in the office aware of the situation before doing anything so there's no issue of breach of "privileged" information.
Some law firms for which I've worked provide a lot of leeway to paralegals; others monitor them very closely. Make sure the attorneys are on board before you contact anyone outside the firm. And the man really is a client of the firm anyway.
(I'm assuming that the state bar in your state still requires attorney supervision over a paralegal's actions.)
I think wanting to get help for him is very thoughtful and considerate.
Anyway, that's what I'd do.
There can be many reasons for the client to be in this state and someone needs to look into matters.
CM made a good point - any call should be "generic" w/o providing any specific name. I erred in suggesting that APS be called, although I'm not really sure that a call to a government agency on the issue of adult welfare and/or protective services would fall in the same category as releasing privileged information, since this was observational, and not something that was shared in confidentiality. And some specific governmental agencies exist for the exact purpose of intervention in welfare of adults or children.
However, calls to nongovernmental agencies, such as churches or a geriatric care manager, would I think be a breach of privilege.
That's not a criticism of any suggestions; they're all good. But attorneys and all their staff are bound by confidentiality, similar to the role of priests and probably rabbis and other religious leaders.
Shel, I think it's great that you're looking out for your client, but I'd be careful about overstepping the bounds of your role. I agree with letting the lawyers in your firm know to see what they suggest.
However, if there's a problem on her part, then he is actually better off without her if she turned out to be a sorry excuse for a daughter who would probably end up abusing him in some way anyway. In fact, if the problem is on her part, will you don't know that she didn't drain him financially dry, causing him to not be able to afford clean water at his place if she took all of his money and ran off with it and won't repay the money. Sometimes children are the biggest fraudsters when they drain their aging parents financially dry, causing dire hardship, which can cause this elderly man to become as filthy as you're describing. Maybe he can't even afford to do his laundry if she stole all of his money.
Now if this was someone else and not her, perhaps this person should also be brought to justice and forced to repay this man's money. Not every case is the children defrauding their aging parents, sometimes it someone outside the family that the victim knows who ends up defrauding them and not the family at all.
What I would do is definitely get a PI involved right away and find out who is hanging around this man and what the relationships are.
Find out if anyone hanging around him happens to be handling any of his money. If so, then you're going to have to look a little bit deeper and even look at his banking records. If he happens to be withdrawing money in large amounts, that's a big red flag right there that he may be in a situation where he's being financially abused and someone is causing him undue hardship to the point he can't even take care of his basic needs. If he has no running water because of this, see if you can work with the water company and restore the water to his home so that he can take a bath and clean himself up and wash his laundry. I would see if you can get some charity to help and tell them what's going on as you find out.
Another thing to consider is if someone is somehow mentally declining to the point they start self neglecting, which would be another reason why someone would become as filthy as you're describing. You may not know it, but maybe the person has dementia or Alzheimer's. This can cause some level of self-neglect and this is what happened to my foster dad at some point.
Another thing you want to look at is if he may have lost a family member such as a wife. Widows will often grieve for long periods of time after losing a spouse, and sometimes they're never mentally right again. A friend of mine's mom lost two relatives within a week and she's already mentally disabled. Two losses within a week was just enough to do her in and send her into a mental plummet to the point she started self neglecting. At some point she started depending on adult diapers until a family member who was buying them for her could no longer afford it and had to stop buying them. That's when my friends mom started using period pads and she would go to the bathroom on them because she was just too lazy to get up and go to the go to the toilet. She would then start getting infections down below but I don't know if or when her doctor may have found out what was really going on. There came a point where she had to go into a nursing home after two reactions from a medication her doctor took her off of. I think it may have been a blood pressure medication, I'm not 100% sure. I don't know if she realized her doctor took her off of it because she didn't need it anymore, but she kept taking it and no one knew it until she fell very ill and had to have the squad come out twice within about a week or two. After the second time she was put into a nursing home. The conclusion of the situation you're in is that there are multiple reasons that can cause someone to be filthy and not clean up for whatever reason.
One thing you're going to have to realize is that maybe this patient might also be too ill to clean themselves up. You mentioned the person appears very weak, which could be an indication something is definitely going on. You might actually want to look into the possibility of elder financial abuse because if this is the case, that would cause this particular person to not be able to care for any of his basic needs including food.
If he happens to be at the dying process, maybe his body is shutting down, which would explain why he seems to be getting weak. If this is the case, then he needs the help of hospice. I would definitely get him into a medical facility and get him medically evaluated in case this happens to be the issue, and you never know that it might not be.
First, paralegals do NOT have clients; the firm and attorneys do, but paralegals do not.
Second, I would have immediately gone to the supervising attorney and shared my concerns if a similar situation had occurred when I was working.
Third, I would NEVER post online about a client. That just is NOT acceptable, even though no names are mentioned.
So I'm wondering about this whole situation now. We'll see if the OP returns; if not....well, draw your own conclusions.
Digital Banker, I know you're trying to be helpful, but just to clarify, hiring a PI to investigate a client's needs would not be very likely to occur in an law firm.
First, there's the issue of who would pay for the PI. The client probably does not have much money, and he would have to authorize the expenditure first if he had provided a retainer. And unless that was discussed, the firm would be in breach of its retainer agreement to spend funds on work that wasn't authorized either through discussion or stated in the retainer agreement.
Second, a firm would generally not expend funds for a PI without expectation of reimbursement.
DB, your concern and your heart are in the right place, but I don't know of any law firm that would hire a PI to investigate a client's personal situation, unless there were fraud involved and the firm was leary of becoming dragged into an unsavory situation.
- he could be homeless, so is living in his car, but seems to have money for gas;
- he may have a home but the water could be cut off, so no means to wash;
- if frail, could be malnutrition because no cooking or warm food/drink, and also not being warm enough at night to sleep - again, this indicates being homeless (and sleeping in a car, even in summer, is cold!!)
I would move heaven and earth to find the daughter, speak to her; ask her to go see her dad then report back to you. Any police department could locate her in this digital age.
I would not "throw him to the social" unless the daughter absolutely refuses to cooperate.