ask david letters column

How do i get my mom out of secured alzeimers unit of nursing home?

I called my brother for help when the apartment manager said she couldn’t stay at home alone while I was at work. He moved back from California, and basically took over, moved me out of my mom‘s apartment as caregiver moved himself in and tried to keep me away by any means possible ! he has booksmart and got medical power attorney without anybody’s permission,,my brother stole all powers fradulently and had my( the only one that truly wants to help my mother taken off of 2nd. Dpoa one year after 1st dpoa with all three kids on it. Paul and sherry were never supposed to be on as any kind of power over my mother snd this nursing home is making her decine rapidly. I have a wonderful home plan but cant get her out. She wants out!

Supplemental Needs Trust Abuse

My father passed away 13 years ago and left a supplemental needs trust with for me. My abusive mentally unstable mother who is not under the care of a doctor and is not competent to serve as trustee, is punitively denying access to trust funds and refusing to provide care per terms of the trust. I have no income and cannot provide for my most basic needs. I am unable to hire an attorney as I am being denied access to my funds and my disability benefits were discontinued and my mother refuses to reapply for them. What recourse do I have as far as having a new trustee appointed or having legal action taken against my mother?

Can a nursing home in Florida refuse to send my father to the hospital?

My father has had multiple UTIs in the past year. He is showing the same delirium symptoms again. The nursing home checked blood and urine and says he is ok, but they put him on antipsych meds! I have been asking to have him sent to the hospital and they don’t want to. Can I as POA make them? He initialed the 2 parts of “effective immediately”. He might say to me he will go, but if they ask him he might say no because he’s tired. But something is very wrong and it needs to be checked! Top neurologist 3 weeks ago rated him A-/B+ with mild cognitive impairment. Now something is wrong and they don’t know what!

Can a guardian pay themselves or an other family member 20hr to care for them in there own home

My sister took guardianship of my mother, moved her into her house, and started paying either herself or her daughter 20 dollars an hour, she took a total of 23,000.00 in 16 months is this financial abuse or is this legal since she is the guardian. During this time my mom became non- mobile she could not even sit up in her own bed.

My dad passed. Spouse had prior POA and is not sharing info for executor duties

A POA for assets was drafted at the time will was done, w/brother listed as executor. Dad remarried, had dimentia & fell, then went to AL. I think his spouse left him alone at the time & went to work w/o arranging oversight.Another POA was drafted around that time,w/spouse. Fast fwd, Dad passed 7/17 from another fall at AL. Spouse didn’t give a copy of POA til after dad passed & wasn’t/isn’t upholding fudiciary duties. For example, spouse didn’t pay Neptune Society balance due for cremation that was set up before dad passed. We had to pay it after bc spouse refused. Also, we took over managing Social Security & VA benefits bc spouse wasn’t paying AL facility @one point.VA had contacted us bc dad was about to be evicted! Spouse never gave accounting of where the monies went (in addition to other things, ie stimulus checks, wallet, taxes, etc.). Plus, back pay to AL had to be repaid from Dad’s benefits, it was like he paid twice & that was after spouse agreed to make payments for it & never did! In sum, how do we get what we need to execute the will? Spouse agreed to manage affairs prior when the POA was signed & notorized…isn’t this abuse of the POA?

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