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What if you know an elderly person is being abused mentally, physically, AND financially and it seems APS and the police will not intervene? It's not a safe situation as the people keeping the elderly person locked away make threats whenever basic questions are asked. APS only heard 1/3 of what happened and they were alarmed and told my wife to call 9-11 to get a "wellness check" but we don't believe the police went inside and they also breeched requested anonymity and my wife was harassed by the individuals involved in the abuse. More harm than good. APS never reached out to my wife, my wife only was yelled at for causing distress to the abusers who are worried they will lose everything. We asked her brother (POA) if we could see the living conditions and he refused to take pictures or anything. He said he would put cameras up and explicitly told my mother-in-law that he put camera's up to "keep an eye at all times". Since then she hardly communicates with my wife, it seems she rarely has access to a phone and we tried to ask if she needs help and she hesitated but seems afraid to say anything as she is trapped and always "watched". We know it's illegal to go up there and take her (especially in case he has evidence-that he hasn't shown us- of the significant and severe mental decline he claims she has). We regularly visited her before she moved in with them, (sometimes several times a week with our two boys) and she had typical age-related issues but was more mentally "there" than most people (including her son). So suddenly with no warning he "helped" move her- which she had told my wife AND I that "it was a mistake". Won't say why, wouldn't say much after that. How can we get her help if no professionals are willing to step-up? I don't know if APS ever even went inside the home. She must feel as if she has a gun held to her head when she DOES "have a chance" to get help. We also wonder if she is afraid of repercussions on her son though honestly I think it's mostly her fear of being harmed. If it's mostly neglect and mental, gradual financial abuse and we are being shut out what can we do?????

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If you take this to court be prepared to show actual evidence. From what I have read in other posts regarding guardianship/conservatorship the court will need to determine her mental capacity to make decisions in her best interests. So, she will probably have to pass a cognitive exam of some sort.

If she is the only person from which you are getting information, have you considered that she has cognitive decline to the extent that she is no longer grounded in reality? This happens all the time. My MIL kept misplacing her purse due to her (undiagnosed) short-term memory loss then telling us it was stolen. We were making reports to the police but then eventually figured out her cognitive deficit in other ways.

Have you considered that if your LO does have dementia your concerns and interventions are causing her to become more agitated and the PoA is keeping you away because of this? I'm in no way saying this is what's going on, but your post states you are going by what she is saying only and what you are inferring from her words and behavior alone. If the police and APS don't see a problem, maybe there actually isn't one. I totally understand that being denied access to her is very distressing. I hope you are able to sort it out without eternally alienating her PoA because then all hope of ever seeing her again may be in peril.
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Contact an Elder Care Attorney and begin the process of getting Guardianship.
It can be involved and possibly expensive.
The one thing is that there will be a court appointed guardian ad litem that will have to see the conditions and the will not just stand at the door. They will have to see the conditions. they will report to the court during the process.
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Ok. You've tried the police and APS and they're not doing anything for you. The next logical step for you to take is to go to the probate court in the town your MIL lives in and petition for guardian/conservatorship over her. You and your wife will have to go to a court hearing and the judge will hear your reasons why you are petitioning because there is financial, physical, and psychological abuse and neglect of an elder with dementia who is mentally diminished. Then explain that you have made several attempts with APS and the police for help and have gotten nowhere. The probate court judge will listen to your claim and why you're making it and will take it seriously. Your wife's brother currently has POA over your MIL, but that does not mean that him and his family can spend her money any way they want. POA is a legal responsibility and the person with the POA has to answer to the probate court and show proof of how they are administering someone's resources.
Please visit the probate court and get the paperwork to petition for guardian/conservatorship. After these papers are filed with the court, the probate court will appoint a lawyer to represent your MIL's interests in the proceeding. The lawyer will meet in person with your MIL where she lives, or your brother-in-law will have to bring her to the probate court to speak with her appointed lawyer. This is done in person, not over the phone. They will speak to her without anyone else present. This is so there will not be any fear or intimidation on the part of her caretakers. He will not be able to prevent the lawyer and the probate court judge from seeing and questioning your MIL because they have the full authority of the law and it is a court order. The lawyer will ask to see financial records for her as well to see what her POA is doing with her money. If he doesn't show these proofs they will issue a court order for it.
Once your take an action like this with the probate court, they light a fire under the asses of APS and the police, and trust me they will both move quick on your MIL's behalf.
Please do this. They will help you at the probate court.
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