What is the name of your state? TN
On 2/29, my 81y/o friend was tricked by his daughter into leaving his home of 20 years, to see his GP in an office call. The GP walked into the room and without even looking down B's throat or ears, said he was admitting B into the hospital to see if there was a reason why B fell several times in the previous week. The doc had gathered this info and arranged this ahead of time, by phone with B's daughter, who holds a POA for her father. I'm unsure of the breadth of the POA, though I believe she had him sign it the summer of 06, after he received a dementia diagnosis.
His dementia manifests itself primarily in short term memory deficits and he has an established record of hiring live in caretakers for at least the last 3 years to assist with ADL he doesn't care to do such as cooking, laundry, driving and administering insulin. He has at least $1m in cash and assets, so he afford this kind of arrangement for the foreseeable future. He bathes and grooms himself, feeds his self, hangs up on telemarketers that call him, is ambulatory without cane, etc.
After 4 days in the hospital, B was transferred to a nursing home, supposedly for physical therapy, or so he has been told by everyone, except me. His daughter terminated his caregiver the day after he was hospitalized and has ordered her to move by Friday, as the daughter is closing the house up. Daughter came in and removed his wallet, ID, checks and 2006 financial records and is arranging for the sale of his vehicles. Five years ago he bought himself a new Jaguar, if that tells you how much life this man has in him. She is trying to transfer him to a nursing home where she lives 4 hours away and would have already, if his insurance would have covered a nursing home outside his county of residence. She is trying to change his policy asap to get coverage there. She tried to get him into an assisted living place immediately after dementia diagnosis last summer and he didn't want any part of it.
I have visited several times with him in the first 10 days of this ordeal. He tells me he wants to go home and I am afraid to put him in the car and take him there, for fear of kidnap charge or some other vindictiveness from daughter. He did sign POA to me last Friday, limited to authorizing me to do anything necessary to get him home and revoking any POA powers that was giving anyone else the right to put him in a nursing home.
I found the NAELA site and was referred by someone there to an attorney about 10 minutes from the nursing home, who would be experienced in contested conservatorships. Because of B's diminished capacity, I think she is having problems accepting the case, and she is very ethically correct to have concerns about B's legal capacity, should this be so. The daughter announced to a source today that she is going to try and hang an ethics charge on this excellent young attorney, for making the effort on two separate occasions, to visit Bill in the nursing home to ascertain his lucidity and that security should be called if either I or the attorney comes back to nursing home.
I have harnessed the power of the internet for elder law and abuse research since this started, as well as the Vandy law library, and as a result filed a complaint of elder abuse against the daughter yesterday with state APS. They said they would not have any answers for 7 days and I don't feel this is fast enough. I guess I'm going to have to proceed pro se, as time is of the essence, to restore his freedom and ease his mind. I would sleep better too. I'm a battle tested old union officer, who defeated my Fortune 300 employers attempt to subrogate $40k of a $100k MVA settlement I received, with a pre-answer motion, pro se. I've done my research this week into elder law and abuse and expect to file a conservatorship petition Thursday. How can I compel and insure that B will be present at this hearing? Is there anything that I can do to get him home one minute sooner?
Thank you in advance for your time and attention to this matter.
On 2/29, my 81y/o friend was tricked by his daughter into leaving his home of 20 years, to see his GP in an office call. The GP walked into the room and without even looking down B's throat or ears, said he was admitting B into the hospital to see if there was a reason why B fell several times in the previous week. The doc had gathered this info and arranged this ahead of time, by phone with B's daughter, who holds a POA for her father. I'm unsure of the breadth of the POA, though I believe she had him sign it the summer of 06, after he received a dementia diagnosis.
His dementia manifests itself primarily in short term memory deficits and he has an established record of hiring live in caretakers for at least the last 3 years to assist with ADL he doesn't care to do such as cooking, laundry, driving and administering insulin. He has at least $1m in cash and assets, so he afford this kind of arrangement for the foreseeable future. He bathes and grooms himself, feeds his self, hangs up on telemarketers that call him, is ambulatory without cane, etc.
After 4 days in the hospital, B was transferred to a nursing home, supposedly for physical therapy, or so he has been told by everyone, except me. His daughter terminated his caregiver the day after he was hospitalized and has ordered her to move by Friday, as the daughter is closing the house up. Daughter came in and removed his wallet, ID, checks and 2006 financial records and is arranging for the sale of his vehicles. Five years ago he bought himself a new Jaguar, if that tells you how much life this man has in him. She is trying to transfer him to a nursing home where she lives 4 hours away and would have already, if his insurance would have covered a nursing home outside his county of residence. She is trying to change his policy asap to get coverage there. She tried to get him into an assisted living place immediately after dementia diagnosis last summer and he didn't want any part of it.
I have visited several times with him in the first 10 days of this ordeal. He tells me he wants to go home and I am afraid to put him in the car and take him there, for fear of kidnap charge or some other vindictiveness from daughter. He did sign POA to me last Friday, limited to authorizing me to do anything necessary to get him home and revoking any POA powers that was giving anyone else the right to put him in a nursing home.
I found the NAELA site and was referred by someone there to an attorney about 10 minutes from the nursing home, who would be experienced in contested conservatorships. Because of B's diminished capacity, I think she is having problems accepting the case, and she is very ethically correct to have concerns about B's legal capacity, should this be so. The daughter announced to a source today that she is going to try and hang an ethics charge on this excellent young attorney, for making the effort on two separate occasions, to visit Bill in the nursing home to ascertain his lucidity and that security should be called if either I or the attorney comes back to nursing home.
I have harnessed the power of the internet for elder law and abuse research since this started, as well as the Vandy law library, and as a result filed a complaint of elder abuse against the daughter yesterday with state APS. They said they would not have any answers for 7 days and I don't feel this is fast enough. I guess I'm going to have to proceed pro se, as time is of the essence, to restore his freedom and ease his mind. I would sleep better too. I'm a battle tested old union officer, who defeated my Fortune 300 employers attempt to subrogate $40k of a $100k MVA settlement I received, with a pre-answer motion, pro se. I've done my research this week into elder law and abuse and expect to file a conservatorship petition Thursday. How can I compel and insure that B will be present at this hearing? Is there anything that I can do to get him home one minute sooner?
Thank you in advance for your time and attention to this matter.
Last edited: