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Sickinside2574 Asked January 2017

Taken out of nursing home against her will. Any advice?

My mom was hospitalized from several small strokes and dementia. During hospital stay they declared her incompetant. She than was placed in a nursing home permanently by the Dr. Her husband - poa was mad she was in nursing home because no one could take care of him (he was disabled) as well as he did not want to pay. When the insurance ran out he wanted her put out of the nursing home. He had his daughter pick her up for a visit and refuse to take her back to the nursing home. After getting her home they had her sign a new will, they changed life insurance benifiuarys, had her sign to take iras out , took all out of a joint account. We called the county who did nothing. Her husband died is Nov. And than we have found out that he changed their house and put his adult children as joint tenents on her house in which she has lived for over 30 years. Advice please

patariamc Feb 2017
If a formal dementia/incompetency diagnosis preceded the changes in will, house ownership, etc., it looks like a strong case to get those undone. BUT, you will need a good, aggressive attorney with elder law experiences/credentials. Prayers and best wishes for a good outcome to this very difficult situation.

Chriscross05 Feb 2017
Get a lawyer, as she was kidnapped and signed under duress.

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Dad_Was_Robbed Feb 2017
Oh my! This is definitely a case of elder abuse and you need to call your State Bar Association and get a lawyer right now. If this will was already deposited in probate through her lawyer before she got bad, then definitely see if you can get a hold of that. Get all the documents of proof as much as absolutely possible, this will help the lawyer to be able to straighten things out. I'm sure there may very well be a lawsuit on this and some restoration made and maybe even some jail or even prison time, don't be surprised if the dust really starts stirring.

One of the things you're going to need is to open an estate if you haven't yet done it if the patient has expired. If the patient already expired, then definitely open an estate and subpoena some medical records to force cooperation

Brie718 Feb 2017
Get an attorney and file for guardianship. Also put a freeze on her credit through the 3 credit unions. I am currently going through the same thing with my mother. It's an uphill battle but something that needs to be done.

bluebonnets Feb 2017
Contact Legal Referral Services (or if you cannot afford a lawyer, Volunteer Legal Services) in your area for an estate planning and probate lawyer and/or www.naela.org (an interactive search on the website of the National Academy of Elder Lawyers) for an elder lawyer. Medicaid is available for people who can no longer pay for nursing home care and provides financial protections for the non-applicant spouse. Also tell her doctor and APS.

jeannegibbs Jan 2017
Get a lawyer.

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