How can a Public Long Term State Facility Make False Accusations & Stop Me From Seeing 26 yr old daughter?

My daughter was in a auto accident and is now in a Long Term Care State Facility. She is brain injuried. She inproves everyday. I visit her 7 days a week 12-14 hours a day. The Facility has no visitation hours. I work with her cognative, memory skills the best to my ability when the nurses don't have her heavily medicated. She is very much rehabilitatable. She has 2 boys and has come a long way in 8 months. Although she has a long road a head of her for the rest of her life she can learn to live a normal life again.

22 days after my daughter was admitted their my life has been a night mare! I have been accused of Munchsen Syndrome By Proxy. I live on a fixed income. Legal Aid will not help. State won't go against state. I have meet with chain of command through the State Health Government. When her medical records are looked at I'm automatically convictmed. I'm only guilty of what God blessed me the ability of. "BEING A LOVING MOTHER" How can the state do this?

I agree with Hensley. You must get a lawyer for this, no matter what you have to do to pay for it. The claim that you have Munchausen Syndrome by Proxy means that they believe that you may actually be harming your daughter and delaying her recovery. Not only will that keep you from seeing her, it can even result in criminal charges against you.

Since you no longer spend 7 days a week at the hospital, maybe you can take on a part time job to pay a lawyer. Go get one- job and lawyer.

It sounds like you have run into a huge problem. Clearly the authorities do not believe you or there would be no problem.

There must be a court case (we call them care and treatment cases in KS). A judge has ultimate control over the estate of your daughter. If the facility wants to stop you from seeing her, they must have a valid reason. What was your relationship with her before? I have seen cases were one spouse is not allowed to see another because of past abuse or separations. If you had a poor relationship with her before, the court is not likely to find it to be in her best interest to allow you contact.

If you want to challenge this, you must have an attorney. I have heard the "fixed income/legal aid won't help" thing before. I know an attorney is expensive. However, if you really want to see her, then you will have to find a way to pay for the legal representation. Most lawyers will require an advance on their fee. This varies. Negotiate with the lawyer as to what you can pay up front and what you can pay on a monthly basis. The lawyer has to balance helping you and keeping his or her office open. So be reasonable as to what you pay.

Since your daughter is an adult and not capable of making the decision as to you see her, then the facility or the court must do it. Pay the money and hire an attorney. Don't expect the court to help you. State has an attorney, and some reason to keep you away. So your attorney must show why they are wrong.

Good Luck