Follow
Share

Just Curious if people who are experienced in caregiving Needed help in Legal matters . I have made numerous phone calls to legal organizations and Other services and if someone is taken Out of state 3000 Miles away from their home - we have No legal Jurisdiction in that territory . I have consulted with elder attorneys and got 10 different stories . They do elder abuse in Nursing homes but not with family matters or they deal with estates only . I find it interesting That so many woman get Placed into a caregiving role and that there is no real legal protection for us . Thanks for any positive insights .

This question has been closed for answers. Ask a New Question.
Find Care & Housing
If Dad was not deemed capable of legally re-appointing a new POA to your sister, this does reek of elder abuse.

Proving this as abuse will need legal investigation, ?Doctor's evaluation of his cognitive capacity at that time it was done.

Guardionship applications can be lodged when families cannot resolve these issues themselves.

What's best for the elder is priority. Their wishes of where & how they wish to live taken into consideration (obviously safety too). Usually the least restrictive housing is trialled first, so living alone trialled before being moved into a care facility. But this depends of severity of illness, dementia etc.

One example I know of;
Volunteer caregiver daughter wished to take Mother into her own home (in a far away state). Yet all other siblings wanted Mother to move into AL, staying in Mother's home state.

While the caregiver daughter may have provided excellent care, Mother would have been isolated from the bulk of her connections. It was deemed better for the Mother to remain in her home state, within range of her many children, grandchildren & friends who were very involved in her life & visited often.

Sadly the would-be-caregiver daughter (who had promised no nursing home ever) felt very hard done by.

This is but one story. Just another side.
There are certainly many greedy folk out there ready to twist things for their own gain too.

I imagine a formal legal Guardianship application will be both lengthy & costly, but hopefully help to ensure your Dad does get the best outcome.

I feel very sorry for your situation. I hope solutions can be found.
Helpful Answer (3)
Report
KNance72 Apr 2023
Thanks Beatty yes I did not see this coming since he is 3000 miles away I can not have a Massachusetts lawyer represent me in California . Elder abuse is not new . I just wish there were more Federal laws protecting elderly people and caregivers. Thanks for your insight and response .
(1)
Report
https://www.agingcare.com/questions/my-sister-took-my-father-to-california-5-months-ago-and-was-supposed-to-return-him-march-1st-but-won-479954.htm

The above may help people understand where ur coming from.

From ur last post you had APS check on him and they said nothing they could do. If sis thinks he needs to be in an AL then she can't be after his money. And if she spends his money, it will be hard to get Medicaid.

I think you are just going to come to the conclusion that there is nothing u can do. Your sister has the same rights u do as his daughter. As long as he is being well cared for, nothing can be done.

I think ur just going
Helpful Answer (1)
Report
KNance72 Apr 2023
Thank you Jo Anne 29
(0)
Report
Family caregivers are not a defined, legally or corporately organized group, therefore there is no legal advocacy since literally "anyone" could claim to be one. If there was an organization we'd be paying annual membership dues since nothing of value in life is free. You will need to find an elder law attorney willinig to do pro bono work for you. Good luck — wishing you an outcome that is your father's best interests.
Helpful Answer (2)
Report
KNance72 Apr 2023
Thank you Geaton 777
(1)
Report
K, were you able to see your dad when you went to the house with the police?

What is your ultimate goal here?
Helpful Answer (1)
Report
KNance72 Apr 2023
No I was Not able to see him. My Goal was bring him Back to Our house in Boston where he Has Lived for 35 years . I have been with him for 15 years . At this point Barb I have done My work . He is walking But I Know he would prefer to be in His own Home and not 3000 Miles away .
(1)
Report
You say that you have consulted with with elder attorneys and got 10 different stories.
That said I think you may have already exhausted any help available. I would almost guess that your situation is complicated enough that 10 more consults would get 10 more opinions, all of them costly.

You say that it is a "caregiver" who needs this advice, but from what I can tell the actual recipient of this care is now moved 3,000 miles away by family?
Can you tell me if there is a familial relationship between the caregiver seeking legal aid and the person who was receiving that care?

I can only think of two things to do at this point. 1) Call the local council on aging in your area and ask them for advice, telling them what you told us, and of your experience with differing advice. And 2) if you are aware just exactly where this person in your care has been taken by the family, call the APS in that area, tell them exactly why you are concerned, and ask for a welfare check. Be ready to provide proof you can of your concerns.

After that I would say you may have reached the limits of what can be done.
Helpful Answer (1)
Report
KNance72 Apr 2023
Thanks Alva will try council
on aging . It’s my Dad who was taken away for a Christmas vacation . I have been to California but with the way courts run it could take weeks . I will try the Council on aging. APS wasn’t of much help . I also went to
the house with the police .
(1)
Report
See 1 more reply
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter