About Kyla Kelim Expertise All social security/disability cases
Experience I have practiced law in Alabama and Florida for fifteen years. Our firm serves primarily the elderly and disabled, and we have more than 60 years of collective experience with handling social security disability cases.
Organizations
Organizations Alabama State Bar
Florida State Bar
Education/Credentials
Experience in the area I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in disability and elder law issues including hearing and appeals for social security/disability cases
Education/Credentials Cumberland School of Law, Samford University, J.D. 1993
University of New Orleans, B.S. Business Administration 1990
Question Six years ago my Dad was in a car accident resulting in brain injury. My stepmother is his Plenary Guardian. After the major court procedures were over she has for all practical purposes locked him away and thrown away the key. He has not been allowed to see his mother, who is 82 and ill,or his sisters in over three years They live approximately 45 minutes from the institute he is locked in. My sister and I were allowed to visit him in the institution, (which is a three hour drive one way)until June of this year, now we are not allowed to visit or call him. On rare occasions he is allowed to call his mother with someone monitoring the call. He was supposed to be in the Florida Institute for Neurological Rehabilitation for six months, he has been there for five and a half years. My Dad is probably not as incapacitated as a number of senior citizens, and certainly not even middle Alzheimer. He feeds himself, uses the bathroom, dresses himself, knows everyone when he sees them, carries on a conversation, and can tell you who won the Florida State Clemson game last year. He will never be able to work again as a medical sales rep., or drive a car, but he is a wonderful loving person that has less rights than someone in jail for a major crime. We cannot afford an attorney (we have already paid out thousands of dollars and got nowhere, she had much deeper pockets and drags everything out knowing we cannot last long.) Isn't there a government agency that protects or advocates for the disabled? Who are they and how do we contact them. Also his social security or disability money he receives, does she have the right to just pocket that in accounts with only her name on them. Workers Comp pays all of his medical bills and his care. (They are currently attempting to discover what she is doing with his "lost wages".) My sister and I love and miss our Dad and hate what she has done to him. We also worry and wonder how much better he could or would be if he had been or was receiving rehabilitation. Please any information you can give us will be greatly appreciated.
Answer Megan, what you're going through is unfortunately not all that uncommon. Unfortunately, without having an attorney, then it certainly makes your day in court more uncomfortable. I have a few suggestions:
Check with the Florida Bar and get referrals to your local bar in your area and seek the help of a local lawyer who can work pro bono. Because the need is so large, it just might not happen.
You can also check with mental health advocacy groups. You will find dedicated volunteers who can get you in touch with legal professionals in the field who may, by their personal interest, be more willing to look at a case.
Every person who has a plenary guardian involved was appointed a guardian ad litem, often a local attorney, who serves as the attorney for the incapacitated party. Share your concerns with that person and see if they are willing to investigate (make a few calls and find out what's going on) and seek a status conference with the court to address those concerns.
If that doesn't work, write a letter to the court (copy the other party or their lawyer) requesting a status conference. Put your concerns and frustrations in writing and file it on the record. State that you have been stalled, stonewalled and "out-monied", and plead with the court to set a hearing for you to make your case pro se (that means you're representing yourself). I don't think that you will get her removed this way, as I think that will take a skilled professional's involvement, but it might get you and your sister visitation, and possibly get the court to get more involved and get the case put back on the active docket.
If all else fails, there's always the media, but its difficult for them to get involved in local cases where the facts may be highly disputed.
