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re: Neurologist said he is considering filing with a judge to remove my FIL from his finances
Posted on 7/29/23 at 9:37 am to lgtiger
Posted on 7/29/23 at 9:37 am to lgtiger
quote:
Get POA started. Put his assets into a trust to protect him.
Like I mentioned earlier in the thread, it is probably already too late to do a POA if someone has already suffered the type of mental decline that the OP described. The same would be true with that person executing a trust. If that person doesn’t understand what they are doing, then that opens the door to challenges as to the validity of those documents.
OP, I’m not telling you that there isn’t an attorney out there who wouldn’t do it, but as an attorney I personally would not feel comfortable doing a POA, trust, will, etc. under these circumstances. If you feel that someone needs to take control of his affairs, then you may want to speak with an attorney about a guardianship where your wife or one of her family members could be made his legal guardian.
This post was edited on 7/29/23 at 9:40 am
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Posted on 7/29/23 at 9:38 am to baxter12
quote:
The doctor asked him to draw a clock that read 11:30
Rectangle with 11:30 written inside of it, then tell the doctor he didn’t specify digital or analog. Even if the doc meant analog, the argument would have to prove FIL wasn’t as far gone as he actually might be
Posted on 7/29/23 at 9:40 am to clownbaby
Honestly, anyone who could do that wouldn’t have the aforementioned issues.
Posted on 7/29/23 at 10:02 am to BiggerBear
quote:
BTW what the doctor is probably talking about is a PEC, physician's emergency certificate, which is different from a CEC (Coroner's Emergency Certificate). A physician can "commit" him, which is a psychiatric hold, for 72 hours, if the coroner concurs, it moves to 14 days. So the doctor can actually do something on his own authority although that authority is limited. It sounds like the doctor has your FIL's best interest in mind, you should get your wife to work with him and an attorney to get that interdiction done.
Good way to put it.
At least his Dr is trying to help, and wake up his family. It’s easy to compensate for shortcomings, then find out way too late that they should’ve intervened. Y’all need to act quickly.
Alternative? Maybe he burns down the house. Walks in the street carrying a weapon, and gets killed by police. Runs over a 6 year old, then have that family’s attorney find out his daughter was told to intervene. Has a scammer clean out his accounts, maybe also obtains title to his home.
There are no really good outcomes, unfortunately, just some are better than others. I lived though Alzheimer’s with my parents, it’s heartbreaking.
Posted on 7/29/23 at 10:14 am to riverdiver
Fwiw… the disease is cruel but in a weird way not always…
My mother got the version that leaves long term memory but short term is about 90 seconds… so you could talk about the past and when discussing short term if you did not like the way the conversation went you would get another opportunity in a few minutes and you could tweak it to make it go better… she stayed happy and died happy and recognized our faces and voices till the end.
Unfortunately my father went into the dementia stage more and regressed back to childhood and early life.. he was military and they are use to structure so he got cranky at the end and went into an alternate world .. pretty much back to when he was an airman .
My mil is interesting.. she was a mean women that spent her entire life judging others by their bank account and job title.. just a real PIA.. she has gone back to her youth and forgotten how to be mean.. jealous and spiteful… she is in a very nice place in Nola and well taken care of.. from the surface she appears to be the happiest and nicest I have ever seen her…
Hoping for the best path for y’all
My mother got the version that leaves long term memory but short term is about 90 seconds… so you could talk about the past and when discussing short term if you did not like the way the conversation went you would get another opportunity in a few minutes and you could tweak it to make it go better… she stayed happy and died happy and recognized our faces and voices till the end.
Unfortunately my father went into the dementia stage more and regressed back to childhood and early life.. he was military and they are use to structure so he got cranky at the end and went into an alternate world .. pretty much back to when he was an airman .
My mil is interesting.. she was a mean women that spent her entire life judging others by their bank account and job title.. just a real PIA.. she has gone back to her youth and forgotten how to be mean.. jealous and spiteful… she is in a very nice place in Nola and well taken care of.. from the surface she appears to be the happiest and nicest I have ever seen her…
Hoping for the best path for y’all
Posted on 7/29/23 at 10:25 am to StringedInstruments
quote:
I ask because my wife is 1) freaking out believing she’ll be liable if a judge gets involved after being at the appointment and 2) trying to figure out options for the impossibility of taking away her father’s control of his finances
Talk to the doctor. I suspect FIL wife misinterpreted the doctor's statement.
Posted on 7/29/23 at 4:41 pm to StringedInstruments
quote:
if they aren’t able to make necessary changes ASAP, he would (if he was in her shoes) bring it to a judge.
Maybe this was advice and not a threat.
Posted on 7/29/23 at 4:46 pm to SixthAndBarone
quote:
Does this violate HIPPA? Can a doctor tell the courts your medical status?
Red flag gun laws allow them to in some instances. Maybe there’s something similar?
Also is is saying that HE would get a judge involved or was it a recommendation and if not done soon a judge would need to be involved? Possibly some miscommunication.
Posted on 7/29/23 at 4:52 pm to StringedInstruments
Physicians can't "bring it to a judge." The legal system needs to get involved.
It sounds like it's too late for a POA since he's already not competent.
It's likely that the physician was misinterpreted. Even if that is what he said, he can't carry through with the threat.
Regardless, your FIL needs help. Get an elder law attorney involved.
The doctor is not a bad person, he just delivered bad news.
It sounds like it's too late for a POA since he's already not competent.
It's likely that the physician was misinterpreted. Even if that is what he said, he can't carry through with the threat.
Regardless, your FIL needs help. Get an elder law attorney involved.
The doctor is not a bad person, he just delivered bad news.
This post was edited on 7/29/23 at 4:57 pm
Posted on 7/29/23 at 5:05 pm to StringedInstruments
Being that the father was diagnosed 6 months ago, I bet the doctor was pissed that the family hadn't done anything in the meantime and the guy was still driving.
They likely started hemming and having when the doctor told them they had to take action so the doctor pulled the most reachable one aside to convince her.
At this point the poor guy is in very poor health and it may constitute elder abuse if the family does nothing, so going to a court to appoint a guardian might be the best path for his patient.
Also: since he was diagnosed 6 months ago with Alzheimers I am sure the doctors took care of documents regarding notifying family members and discussing his condition with them right away. Therefore very unlikely this is a HIPAA issue.
They likely started hemming and having when the doctor told them they had to take action so the doctor pulled the most reachable one aside to convince her.
At this point the poor guy is in very poor health and it may constitute elder abuse if the family does nothing, so going to a court to appoint a guardian might be the best path for his patient.
Also: since he was diagnosed 6 months ago with Alzheimers I am sure the doctors took care of documents regarding notifying family members and discussing his condition with them right away. Therefore very unlikely this is a HIPAA issue.
Posted on 7/29/23 at 5:17 pm to StringedInstruments
Buy your wife a book….The 36-Hour Day
It details a lot of what to expect. We went through this wife both my MIL and FIL. It sucks, she needs to get POA setup now.
It’s not going to get any easier and sorry for what y’all are going to go through. I pray my wife and daughter don’t get ALZ/Dementia.
It details a lot of what to expect. We went through this wife both my MIL and FIL. It sucks, she needs to get POA setup now.
It’s not going to get any easier and sorry for what y’all are going to go through. I pray my wife and daughter don’t get ALZ/Dementia.
Posted on 7/29/23 at 5:18 pm to StringedInstruments
quote:It is my understanding that a doctor or hospital can petition a judge to appoint a guardianship, which the family may need to do anyway if it is too late for a POA.
My question is can a doctor go to a judge to force it?
Think of when the religious nuts want to perform rituals on their kids instead of life saving care.
This post was edited on 7/29/23 at 5:20 pm
Posted on 7/29/23 at 6:26 pm to clownbaby
quote:
quote:
The doctor asked him to draw a clock that read 11:30
Rectangle with 11:30 written inside of it, then tell the doctor he didn’t specify digital or analog. Even if the doc meant analog, the argument would have to prove FIL wasn’t as far gone as he actually might be
Clownbaby, do you have any experience dealing with folks with dementia?
We do. You can't help them fake passing a minimental test BECAUSE THEY CAN'T REMEMBER HOW TO CHEAT.
That he didn't remember where the 12 was...he's not going to remember that tomorrow, either.
The doctor is trying to get help while the man can still sort of pass as ok. Much longer and no reputable lawyer whould let him sign papers. (A friend put off revising his will so long that the lawyer refused because our friend was talking to imaginary people inthe waiting room.
Posted on 7/29/23 at 6:37 pm to StringedInstruments
On one hand, it can be a good thing that a neurologist can do that. Similar to reporting abuse, the Dr. could be preventing it. If it goes through court, they can make sure that the correct person gets control of the money.
On the other, it does seem like a bit of overreach. I'm a proponent of personal liberty.
I've never been through anything like this, and don't know how I would feel, but I know that myself and my brothers would always have our parents' best interests in mind, and act upon those. Not all families are like mine though.
On the other, it does seem like a bit of overreach. I'm a proponent of personal liberty.
I've never been through anything like this, and don't know how I would feel, but I know that myself and my brothers would always have our parents' best interests in mind, and act upon those. Not all families are like mine though.
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