Is there any legal action I can take if this occurs? I have POA and health surrogate for my dad who has dementia and is insulin dependent. He is currently living in an assisted living with his wife who also has Alzheimer's. My brother has been very difficult and will not accept there is anything wrong with Dad. He has been threatening to pick Dad up and bring him back to his condo. If he was to do this and basically kidnap him without his necessary meds; is there any legal action that can be taken? I'm assuming yes bc they are ill, cannot live independently and are currently on many medications.
Thank you for listening!!!!!
Have you spoken with the administration to warn them and ask if there's a way your brother could be barred from removing your father?
Not to be nosy, but who's paying for AL now? If brother is contributing, which I rather doubt, he might not want to continue doing so. If payment is decreasing the value of the estate, that might also be a factor.
Where does your brother live? In the area?
I think you might want to speak with both the AL management as well as the local police, and perhaps even APS to act proactively and prevent him from removing your parents. The police might recommend applying for ex parte injunctive relief to prevent him from even visiting your parents.
If by some chance he did take your father (but not your mother??) home, call APS and make it clear he's a vulernable adult, needs supervision, and can't live alone and was taken from the facility against his will.
My Dad had full time caregivers around the clock at his house, and it cost him $20k per month. And that's not taking into consideration the cost of maintaining that house, property taxes, home insurance, utilities, groceries, etc.
Your brother also needs to realize, if today his parents are still somewhat sharp, all that can change next month. That's the nature of the beast when it comes to Alzheimer's/dementia. Your brother has a lot of homework to do.
I'd also consider a personal tracking device, so that if your mom or dad was taken, you'd be able to track where your brother has taken them.
So brother's plan is to take them back to their condo and just drop them off? Or is he planning to move in with them to take care of them? Or move them out-of-state to his home?
Is it possible that once your brother sees your father for a while he will come to understand that there is indeed something wrong with him? Would it be best to allow him to visit, but just to ensure he can't leave the premises with them?
If your brother's motive is greed and a desire to preserve the estate then perhaps even a dose of reality won't discourage him.