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M

metoo2

Guest
What is the name of your state? new york

i know this is supposed to be short, but i can't help not filling you in with certain details.

in 1961 we (my parents, sisters and i) purchased a house in new york. it was my mother's wishes that eventually the house and all possessions would go to her three daughters. my father also desired this as it states in his will. after my mother passed away in 1985 my father remarried but did not move his new wife into this house at all. it is in his name alone. instead, he kept this one and bought another one in new jersey where she lived
with him. she never lived one day in the ny house. from the beginning it was a stormy marriage. he maintained the ny house commuting back and forth to take care of business here, paying taxes, etc. he made his will out after he remarried. his wishes were that she never get this house.

in march of 2002, she threw him out and when on the garden state had an accident with his car. luckily, in spite of the car rolling over four times, he suffered minor injuries. i was the one who was contacted even though i live in ny and she in nj. i went to see him in the hospital, she was never there and i made arrangements for his release, finding where his car was towed, bringing him cloths to leave the hospital and securing a u-haul to get his property at the towing office. my father had many belongings. it took over an hour to retrieve them and put them on the truck. we drove him to his ny home where he wanted
to go. there is more to this that is relevant. i will explain later.

my father, age 87 now, has been hospitalized since 1/4/03 with a stroke and is in a ny hospital. he has been here in ny since march, when we brought him home from his accident. he never went back to nj and she, his wife, never came here to ny.

as far as the current hospital records show, he was admitted with no identification or possessions at all. when i was informed and went to see him the next day, he was having difficulty communicating, recognizing people or remembering things. surprisingly, his wife, her daughter, son and son-in-law were there. when i had time alone with him i asked
him if he wanted me to check the house and would he give me his keys, something i never did before. maybe it was woman's intuition, i don't know. he said eddie, her son, has them. i know he didn't take them to do any favors for my father, because he didn't like him and my father does not have a dog or any other animal that needs tending too. my father was in a very vulnerable state. when i encountered her and her family in the lobby, I asked her son for my father's keys. he out and out said "no", that my father said not to give them to anyone. his wife immediately started screaming at the top of her lungs that
she was his wife and waved her fist dangerously close to my nose while screaming. my father had difficulty putting his thoughts together and would never give this guy anything
of his, especially keys to his home. he would never trust him. the funny thing is, if my father had no possessions with him -- where did eddie get the keys from.

It so happens, my sister, who lives in california, phone my father's neighbor (right next door), who's back door faces my father's back door. the driveway space is not wide enough for modern day cars. he told my sister, voluntarily mind you, that he saw eddie, her son, who incidentally lives a few blocks from my father, removing the hinges off my father's back door. If my father did not have his keys with him at the hospital, they were
most certainly in his house. the neighbor also said that eddie took my father's car. he would never let anyone drive his car, even when he gets it inspected, he refuses to let the mechanic drive it.

referring back to the day my father had the accident on the garden state -- when we brought him home he suddenly realized he couldn't find his keys to the house. oddly enough he told me and my husband that we had to go to eddie because eddie had tools and knew how to break into the house. i was labbergasted, but because it was very late now, we went to his house to ask for his assistance, which he refused us. he never denied he could do this task. he just refused to do it, probably because he knew my father was thrown out by his mother. he had no concern about my father’s welfare or dilemma and
turned us away. we had to bring my father to our house on long island for a few days. when we took him back he eventually found the keys in the mess of contents we helped him sort out.

my sister wants to come in from ca to see him and thought she'd stay at his house so she could see him every day because it's close to the hospital. but, we don't have the keys to the house and she'll have to stay with me on long island an hour and a half away.

ps -- eddie has had the keys for more than a week and god only knows what he's looking for or taking. don't forget everything in that house is from our living there with our parents, pictures, momentos, memories. we can't get to them. as far as the hospital is concerned, she is his next of kin, but we can try for a aower of attorney and a health care proxy. my father's will shows his desires worded very much like the poa. does that hold
any weight? can we bring charges against eddie regarding the keys and his entering the house? how do we do this? must we go to the nearest precinct on the evidence we have thus far? i cannot be sure of that the neighbor next store would be a witness to what he saw. i think he may not want to get involved. but, can he be called as a hostile witness?

we just don't know where to turn or what our options are and i know if my father were totally aware of what they are doing, it'd devastate him. in his delicate condition, i cannot mention any of this to him. by the way, on my last visit, he has improved very much. we had a very nice visit. the hospital claims his wife is next of kin and will take him and put him in a facility near her when he is discharged. at a previous time my father sort medical
assistance at another hospital in nj because she had stabbed him. this hospital has this on record. how can we obtain this information from them? i told the current hospital of my
concerns regarding his welfare, but the social worker, who has never seen or met his wife because she has never visited him there, claims they cannot get involved with this. how can we stop all this? time is of the essence for his release, though not set yet is not long off.

thanks for your help in advance.
 
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H

hmmbrdzz

Guest
Metoo2: I've been reading your story, and I can't get it all straight. I want to sort through some info and shorten it. Answer these questions and try to be brief.

Who owns the house wife threw him out of?

When did dad have stroke?

When is dad scheduled for release from hospital?

Where is he going? Has he agreed to go?

Who is the guy who broke in the house; how did he break in; what did he take; where was your dad; does your dad know?

Who stabbed who, when, where?

What do you want to see happen? (brief)

Who specifically have you talked to (i.e, nurse, social worker, patient representative, doc, etc ?)


Sorry.... but I just can't get it all together from reading the first one! I'm trying.

hmmbrdzz
 
M

metoo2

Guest
hmmbrdzz -- Thanks for your reply. I know it was a bit involved. Here are the answers to your questions:

The house the wife threw him out from is in his name. They both lived there. The house in NY is in his name only. This is the one we are concerned about.

Dad had the stroke on 1/4/03.

Dad's release date has not been set yet, but it should be within the next week or week and a half.

The guy who broke into the house is her son. He is not related to our family, except that he Dad's step-son.

According to the neighbor, he saw him remove the hinges from the back door. We cannot get into the house to find out what he has taken because he has the keys now and wont relinquish them. At the time, my Dad was in the hospital. First day he was said to have the stroke. My Dad does know now that he has the keys.

My Dad's wife stabbed him. He had gone to the ER in NJ for treatment.

If there is a crime here, we would like to press charges. Most of all we'd like to have access to what we consider our house. Many things from our childhood and things we treasure are there. At first, I only wanted to check mail and important things that had to be taken care of for him.

We have spoken to Social Worker, doctors, thearpist, nurses, neighbors of his.

Sorry I confused you but getting it all together was a chore.

Thanks again.

metoo2
 
H

hmmbrdzz

Guest
Hi Metoo2: I bet it was a chore. When these things "sneak up", they're you-know-what. Thanks for shortening it.

Regards the son and pressing charges: I hate to say it, but it's my opinion if the legal wife gave him permission to enter the house (and particularly if your dad gave him a key), it doesn't look good for pressing charges right now because she is legally the wife, and she could have OK'ed the son to enter her house by whatever means she thought necessary. Additonally, it looks like your father gave the son a key.

Is your father able to communicate with you or anyone?

Is he "demented" to the degree that he doesn't know what he is doing or saying?

Is your father able to give a reason why he won't give you a key or why he hasn't instructed the son to relinquish the keys to you so that you can go check the property?

Was the wife charged with assault when she stabbed your father? If not, why?

What kind of relationship have you had with your father over the past few years?


Do you want to remove things from the house that are of value to you, and if so -- will your dad give you permission to?

Sorry for all the questions -- I just don't want to encourage you to do something beyond what you can or should because to do so sometimes makes things worse. I'm not saying you can't do something, but I would really need to know what kind of relationship you have had with your dad in order to help you get your valuables now.

I can tell you it's going to be important -- if your father is cognizant and able to -- for him to express his concerns to the nurses, to the doctor, to the social workers, etc -- i.e. he needs to tell them "I want my daughter to have a key to my house so that she can go remove some things that are important to her".

I think you may be running into a confidentiality situation here, too.


your turn!

hmmbrdzz
 
M

metoo2

Guest
Hi hmmbrdzz

The house in question belongs to my father only. She has never lived one day in it. He purposely bought the house in NJ for the sole reason of her not getting the house in NY. It was always his desire.

The son was seen removing hinges from the door to enter the house. My father did not give him the key. He obtained the keys after he entered the house, where they were. That's how he took the car too.

The stabbing report is in the files of the hospital he went to for treatment.

Yes, my father can communicate and he does want me to have the key and have the son give me the key. As I said when I asked for the keys, I was threatened. I do not want to jeopardize my father's health or condition by harping on this situation.

My relation with my father has and is very good. We have been in touch always. He actually was in the process of giving me things we've had since childhood i.e. a faux fireplace, etc. There has never been any problem there. Same goes with my sisters. He tells and writes us everything. That's why we know what his wishes are. My Dad would definitely give me permission to remove any thing I want. But, I am not looking to remove things. I just want access to the house as this stranger has. Every day he is there taking things. He's been seen. I know they are looking for things of monetary 'value' to them. Things of value to me are family pictures, etc. He definitely would want us to do this.

To allow them to do this is making things worse. When my father fully recovers it may distroy him.

As far as the hospital is concerned this is not in their jurisdiction. They will only keep him there until the money runs out. They don't care about this 'personal' problem. It is more a legal problem, not medical.

Actually, I think they ran into a confidentiality situation by jumping to the occassion of 'we got him where we want him.'

Thanks again.
 
H

hmmbrdzz

Guest
Arrrgggg. Reading stuff like this infuriates me. I'm a RN, a real doozy of a "patient right's advocate", and I get SO mad sometimes when I know what's going on in the system and how difficult a time family members have getting cooperation from this money-making industry called the health care industry. I worked long term care and saw the devastating problems that elderly people run into and can't get out of -- just like your father's situation. Families are often afraid to "rock the boat" because they fear to "push it" compromises the patient's care, and you know what? Sometimes it does, and it's really unacceptable, but it happens.

You're dealing with a hospital, though, and you have a little bit more "resources" there. To make things "OK" where your dad is concerned regards the care he is getting, try to find someone on the staff on his floor (a nurse, a CNA, anyone who might be "charting"). Tell them about your concerns. If you can't find someone on the floor to listen to you, ask to speak to the charge nurse. Then, find a patient representative in that hospital and advise them you have some serious problems to address with respect to your father's situation but that you're afraid pushing it with the staff on the floor will compromise your dad's care. Tell the patient rep you feel it is imperative for someone to help you with your dad. Your father MUST, though (if he can communicate) tell someone in "charge" that he wants you to have a key, or that he gives his permission for you to have access his house through a daggone window if need be to check on things or to do whatever it is you want to do.

I honestly think your father is at the point that someone needs to consult an elder law attorney regards all these assets and what is going on at this point in his life. I strongly advise an elder law attorney above all.

If you speak to the wife anymore or the son regards this key thing and access to the house, speak to them only in the presence of a staff member in that hospital. Don't argue with them on the floor, in the lobby, or anywhere else the conversation won't be heard by who it's supposed to be heard by.

Who, between you and your sister (do you know) is handler of the estate when your dad passes? (even if you answered -- I wouldn't know how to advise you there because I know nothing about estate planning). There is a forum here, though, for that kind of stuff. You may want to check it out and post a note there, too. YOu need some info on POA, too, which I can't provide. Will? Living will? Advanced directives? All these things need to be gotten into place if they aren't.

Secondly, (on this son thing) -- whew. Hard call. If she was his wife when he purchased the home in Jersey, she may still be within her legal rights to have given him access to the house.
I'm not real sure on that, but it sounds "iffy", still, regardless of the plan your dad may have THOUGHT he was making with respect to property division.

It sounds like a sad situation, and I hope you'll find some answers. It's a situation that could wind up being a bear of a situation rather quickly for your dad (and you and your sister) with your dad's medical condition. Where is your dad going to be placed? Close to her, or close to you and your sis? If he goes to a nursing home (if he's going), check these places out thoroughly before he is placed. Talk to hospital about the difference in these places.


Feel free.

hmmbrdzz
 
M

metoo2

Guest
Thank you very much for your last advice. It was very useful.

Yes, we wanted to get a POA and Health Care Proxy and although the hospital has these forms, I was told they'd have to declear him compitant enough to sign them otherwise I'd have to get an attorney.

His wife, I was told by the Social Worker, who spoke only to her daughter (his wife hasn't appeared yet) said they will take him there to NJ and possibly place him in a home. If my sisters and I had that option we would care for him at home and beleive me wait on him hand and foot. Our parents took very good care of us and this would be no big deal. Both of them thought only for our well being.

Your advice sounds very logical and I will pass it on to my sister and together we will hopefully work this mess out. Incidentally, my father's will names my sister (the oldest) as executor of the will, I am named second and my younger sister is next. I believe he did feel he had all bases covered but he did not anticipate his situation as it is now.

You had asked me about my relationship with my father but the problem here is his relationship with his wife. It was also explosive. If I called him on the phone all you can hear in the background is her screaming at the top of her lungs at him. I do not think he will get the best care with her and her children care nothing about him.

Let me close before I go on and on again. Thanks again.
 
H

hmmbrdzz

Guest
Good luck Metoo2. Wishing you guys the best. If you'd like to keep me updated, please do.

hmmbrdzz
 

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