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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 07-26-2009, 05:09 AM
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step children - EMERGENCY


What is the name of your state (only U.S. law)? Ca

I am the caregiver of an 80 year old male with mild to moderate dementia. His Step-daughter has recently entered the picture (I've been taking care of him for over a year and have never seen her until a week ago) and wants him to sign EVERYTHING house, bank accts. car etc. over to her on Monday (yes this Monday) He does not want to do this and we both fear that he will be promptly sent to a skilled nursing facility. What rights does he have what can I do to help him??
  #2  
Old 07-26-2009, 10:53 AM
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Location: A SUBURB OF BUFFALO, NY
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I'm not a lawyer. Seniors, please correct me if my answer's wrong


Nobody can be FORCED into signing anything. And with him already having dememtia, he would not be in the right state of mind to legally sign anything. STEP daughter is probably afraid that since she's a STEP child, she's not getting an inheritance from him when he passes.

As I said above...please correct me if I'm wrong. I was just trying to give a quick common sense answer before Monday's deadline
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  #3  
Old 07-26-2009, 10:03 PM
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First thing Monday, see if your city has a department that provides services for seniors and tell them what she's attempting to do. They should be able to recommend an attorney that specializes in senior law. Or you could try to reach the Alzheimer's Association (the toll free number should be on the internet). I'm sure they've dealt with similar cases.

Under no circumstances should your charge sign ANYTHING. She cannot legally put him in a nursing home as a "punishment" for not turning things over to her when her "right" to those things is questionable.

Who do you work for, and why aren't they doing anything about the stepdaughter?
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  #4  
Old 07-26-2009, 10:56 PM
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Quote:
Originally Posted by Hot Topic View Post
First thing Monday, see if your city has a department that provides services for seniors and tell them what she's attempting to do. They should be able to recommend an attorney that specializes in senior law. Or you could try to reach the Alzheimer's Association (the toll free number should be on the internet). I'm sure they've dealt with similar cases.

Under no circumstances should your charge sign ANYTHING. She cannot legally put him in a nursing home as a "punishment" for not turning things over to her when her "right" to those things is questionable.

Who do you work for, and why aren't they doing anything about the stepdaughter?
Charge...as in guardian? From what is posted, all that seems apparent is that the OP is a caretaker hired by the employer who is the 80 year old man.

Quite frankly, both the actions of the caretaker and the step daughter are questionable. A properly trained licensed caretaker would know exactly what to do in this situation...like call Adult Protective Services.
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  #5  
Old 07-27-2009, 12:44 AM
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To make things a bit clearer here I am first of all his friend and I'm not being compensated for taking care of this gentleman. I started staying with him when I realized that he was unable to properly care for himself (medication schedule, meals, doing laundry, etc... ) I'm quite happy doing this as I lost my own father last year and taking care of my friend here gives me purpose and immense personal satisfaction. He has willed all possessions to his step-daughter upon his death but he absolutely does not want her to have control before then. I thought about calling APS but thought that would be a bit drastic ......
  #6  
Old 07-27-2009, 06:58 AM
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Quote:
Originally Posted by tratter View Post
To make things a bit clearer here I am first of all his friend and I'm not being compensated for taking care of this gentleman. I started staying with him when I realized that he was unable to properly care for himself (medication schedule, meals, doing laundry, etc... ) I'm quite happy doing this as I lost my own father last year and taking care of my friend here gives me purpose and immense personal satisfaction. He has willed all possessions to his step-daughter upon his death but he absolutely does not want her to have control before then. I thought about calling APS but thought that would be a bit drastic ......
APS is the appropriate call.
  #7  
Old 07-27-2009, 02:37 PM
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You put EMERGENCY in the title of your post, then respond that calling Adult Protective Services would be "a bit drastic?" Your friend needs a certified caregiver who knows how to handle this kind of situation.

You have no legal standing. If you want to feel good about yourself, there are senior citizen residences where visitors are highly valued, especially by those who, for all intents and purposes, have been abandoned by their relatives.
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