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I am the sole 24/7 caregiver of my elderly brother. He is blind and has cerebral palsy .He is an effective quadriplegic with limited use of his upper extremities. He has the mental capacity of an eight month old child. He has a trach and a feeding tube and is mildly restrained under doctors orders. He is a happy person who plays with music toys and stuffed animals. I do not restrain him if I am in the room with him. The State of Alabama refused to place him in a home because of the restraint issue. They also refused to take an application for in home services for the same reason. I filed a federal disability discrimination complaint against the state and although the complaint resulted in a decision that the state would provide 104 hours per week of in home care, we currently receive no service. I also have medical issues that require visits for treatment. I won't leave him home by himself, but I am comfortable leaving him on his stretcher in the van with the motor and climate control running while I am being seen. I wait in the van until the workers come and tell me that it is my turn. I use a high end video baby monitor that has sound and also tells me the temperature in the van . I am never more than thirty seconds away from him or out of range. My question is whether or not I am leaving him unattended technically. Am I at risk for some form of prosecution ?

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As i told someone else Call your state rep today! Take the bull by the horns. You need help it was granted make them step up and carry out the court order. I feel bad for you and pray you take action for both of you. Many hugs to you both.
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If the health workers come out to tell you it is your turn to be seen, I am surprised this hasn't triggered a mandated report to police or welfare. The system is failing both of you. Keep with the attorney and congressman to help resolve. I would try to get as much done as possible through your congressman as you won't have the big attorney fees. It puts public agencies on notice that we expect our citizens to be protected before either gets hurt or dies or goes to court. Those in power need to know we expect protection for families like yours. You and your brother deserve all the protection you can possibly muster up.
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Whatever the answer is to your question, there has to be some type of help for you and your brother. Check with your local United Cerebral Palsy group for support and Respite.
Contact the lawyer that helped with the discrimination suit and have a Contempt of Court filed so that you can get the help you have been awarded. Legal help should be free through an ADA lawyer.
Good Luck and you are a rare and wonderful person.
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I agree with all the comments above. It sounds like you are trying to cover all the bases and take care of your brother.
I would try to find a lawyer who handles legal issues for the disabled. They can help you to determine how to proceed. It may cost you a little bit but in the long run will be worth it. You need some help and respite. You are doing an awesome job but it will take a toll on you. God bless.
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I suggest contacting your local chamber of commerce, churches, synagogues, and teaching hospital for qualified volunteers. I volunteered through my chamber of commerce at the Braille Institute, my best friend drives people to chemo appointments and sits with them. There are good people out there.
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Wow...I can't believe you can't get him for your brother...and YOU!! This is a heart breaking story!! If I were you...I would call the police dept and ask them. I live in CA...and I know that you can't leave a baby or younger child in the car...for sure you will get cited or arrested.
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Call your congressman. He/she can get this moving forward. A federal decision should not be denied.
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You are leaving him unattended. Do not do that, or you will be on the evening news.
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Your problem is the trach, probably. My daughter, RN, claims a lot of facilities won't take patients with a trach because of the care. I would seek a lawyer.
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Gosh, I cannot imagine living your life, I could not do it....
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Reading what you wrote made me think of how alone we caregivers can be. The thing that jumped out at me was that you needed someone to help, if only to sit with your brother in the van while you went in for your appointment. Is there no one to help?

If the state is under court order to help, then your local agencies are under contempt of court. I would pursue that in order to get some help. Yes, you could be liable. But you shouldn't be in the position where you don't have any other options. You may have to force the court order.

I know resources in Dothan are not great. I know that one nursing home down there has a bad reputation, but people use it because there are no other options for placement without traveling. It sounds like in-home help that was promised is what you need. I hope that you can get it.
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Oh my. You sound like a saint in desperate need of some help. Doesn't sound like you take care of you at all and you need that. You may want to contact a lawyer to see if any options are available that you haven't thought of and to make sure you aren't in danger of someone claiming neglect (which clearly it isn't but it just takes one person to utter the phrase these days). Good luck to you and please keep us posted.
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