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I am a sibling of the person in question. He was staying with me 7 days a week, during the day and went to our other sibling's house to sleep each night. He was dealing with the early stages of dementia. His daughter who has not been involved in his life for the last five years made false accusations that I was harming him and has moved him into a assisted living home. She lives out of state, came to AZ to cause problems, put her father in this home which is over an hour a way from us sibling's and went off back to TX. I went to visit him and was there for 15 minutes before a staff member came and told me I needed to leave. I asked why and was told I needed to contact his daughter in TX. His daughter won't speak to myself or our sibling's so we don't know what to do at this point. During the 15 minute visit I did have, my brother made it clear that his daughter has not come to visit him, he hasn't spoken to her at all and doesn't understand why he was placed in this particular home. Any suggestions or information as to what we should do would be greatly appreciated!

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be super careful about “Eldercare” Lawyers! Check your state, Bar Association first and see if you can get a 15 minute free consultation, which most states offer. “Guardianship” is a frightening, billion dollar industry that takes over peoples’ lives and the “guardians“ often isolate the alleged guarded individuals, for their own financial gain. Before you pay some uninvolved, uncaring, expensive attorney, most states have a “guardianship” database and you should also be able to look on the court docket for the county in which your brother was taken. If there is anything legal in place, it needs to be publicly listed on the court docket. I’m not sure it works the same in every county, but where I am, anyone can just type in an individual name and any filed documents are accessible, sometimes for a small fee. My family has been victims of “guardianship” and it has been nothing but brutally unhelpful for my mother. hoping this is not what happened to your brother.
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Reply to JennyR2022
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Shiloh1: Retain an attorney posthaste.
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Reply to Llamalover47
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Legal guardianship would take action by the courts where your sibling and potentially where your sibling's daughter lives. All States are different, but some offer the ability to do an on-line search of court decisions. That might be one avenue to determine if indeed "legal guardianship" or "conservatorship" has been rendered by the courts; and the courts gave it to said daughter.

A POA on the other hand, is a paper document signed by the parties (your sibling and the sibling's daughter), witnessed and usually notarized. The original would have been show to the facility before they would accept the person AND to allow said daughter to direct who can or cannot visit. The facility would retain a copy of the POA.

The other potential document is an "advanced directive" naming the daughter as your siblings "health agent." Again, the facility would required to see that original and to retain a copy. As the "health agent" if the daughter was so named, may allow her to say "in the best interest of the person, X or Y person cannot visit."

A licensed elder care attorney in the State where your sibling resides may be of assistance.

So worry you are dealing with this, good luck.
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Reply to Sohenc
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Contact Alliance for better long term care. They helped me get in to see my mom after my brother who had POA blocked certain visitors.
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Reply to Jada824
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You will need to contact an attorney in the state involved who will check on this legally for you so that you know the rules and limitations. So sorry you are going through this. Sounds as though daughter IS in charge if the care facility is following her instructions in this matter.
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Reply to AlvaDeer
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AlvaDeer Aug 7, 2024
You say that the daughter came and got your brother and "put him in this home". If she did this then I believe she has legal standing to, because the facility itself will demand documentation. You might save time by calling the facility. You can say you are a friend who is trying to contact the legal POA or guardian. Or you can simply say who you are and ask if there is a legal guardian in charge of your brother at this time, or a POA. You've nothing to lose in trying this simple step.
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My thing, if you need to produce POA or guardianship at a bank, to facilities and dictors I don't see where its any big deal proving it to a family member. It would solve a lot of problems. I would say for daughter to place him in an AL, she must have something. She is also handling his money. Need something in place to do that. Maybe shevwas given POA before dementia. Sounds like brother was homeless if at your house during the day and at brothers at night.

As said, you cannot believe what your brother says. My Mom visited an Aunt in a AL. As she left, Aunts sister was coming in. When sister said something to Aunt about my Moms visit, Aunt said Mom had not been there.

I think maybe a letter asking why is niece alienating you and sibling. You both did what you thought was best. You do not understand her accusations and not allowing you to see him is just not fair to him. You would appreciate if she would talk to you about this.
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Reply to JoAnn29
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A PoA or legal guardian is under no legal obligation to show you any paperwork, unless ordered to do so by a judge. You can pay an elder law attorney to send out a letter demanding she show the paperwork and if she doesn't it will go to court...but you will have to be paying for these legal fees.

And if she does have PoA, then that's that. If she doesn't have PoA, then what will you do? Take him back to your home until his needs and/or dementia behaviors become so bad that you'll wish he was back in the AL? The routine you had before he went into AL -- that's not going to stay like that as his dementia worsens (and/or he develops other health issues at the same time). He's not going to stay in the early stages of dementia for long. He may start being paranoid with you, aggressive, 100% incontinent, wandering away, etc.

Part of dementia and memory impairment is that the people confabulate stories, and can become paranoid. This may be what happened: he told his daughter stories about his siblings that he sincerely believed to be true. My own Mother does this and I live next door to her. Him telling you he doesn't know why he's in AL means he has memory deficit. My MIL in LTC with moderate dementia once took a call from her son, Glen, while we were in the room. When she got off the phone I asked, "So, how's Glen doing?" She looked so sad and said, "I don't know... he hasn't called me in a long time."

But none of this can be known for sure. My money is on that his daughter called your brother, and he gave her the confabulation that his siblings weren't treating him well. So, what's a daughter to do? Ignore it?

Of course none of this helps you with the pain of separation and false accusation. Unless you want to lawyer-up and create a dust-up that you may lose at, then you must come to peace with the situation.
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Reply to Geaton777
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See an elder lawyer about the ins and outs on what is legal. Some states require that the POA document is certified in probate. You can also check there. It may only take one visit as a consult. If you have other siblings, you might want to pitch in.
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Reply to MACinCT
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