Follow
Share

My cousin was transported to Wisconsin from California on the pretense that he was going to visit relatives. While there he was evaluated, put in a care facility owned and operated by another cousin who is a lawyer. Then was given papers to sign which gave power of attorney to the person who took him to Wisconsin who then flew back to California. I talked to the cousin who was transported to Wisconsin and was told," I can't wait to get back home." "I feel like I am in a jail." "I can't even go outside for a walk." What do we do?

This question has been closed for answers. Ask a New Question.
Your description really sounds devious on the part of that lawyer cousin
[[I have bad taste in mouth for devious lawyers! ]
That the lawyer did it the way you described, would seem to signal he deliberately did it to control the Estate, and cut other relatives out of it.
BUT...there are details missing, that might change that picture.

While a person could try to do legal maneuvers to regain control of Estate and care of that elder, you really need to pick your battles.

It is very hard to get governing bodies to take these cases seriously
--my family spent YEARS battling to regain control of one Estate, and get a really bad lawyer and his son disbarred for malpractice issues
....the lawyer had written new documents to prevent family from regaining control--best that could be done, was remove his executorship, which meant the one relative pursuing the battle, was able to get paid for administering the estate, instead of the lawyer or his son..
THAT was worth it..
..but it was mind-blowing that the lawyer and his lawyer son, got away with their malpractices, & that the State didn't disbar either of them.
NOR did the State investigate all the very questionable Plum Estates the elder lawyer had set up as regular income for himself and his son. That elder lawyer had really aggressively pursued building a great portfolio of those estates to manage.
Heaven only knows how many other lawyers do similarly.

Doing battle to regain an estate can be costly not only in monetary ways, but stress levels, family relations, etc.
You must think of whether it is worth it to pursue that avenue,
or, if it is just simpler to remember the best of your memories, and let the drek go.

If your transported cousin is suffering some level of dementia, he can still say those things--"waiting to come home", "feel like in jail", etc., and sound -very- normal.
It is pretty difficult to incarcerate anyone in a nursing home or care facility, unless they really are having trouble handling themselves.
A Doctor needs to evaluate them; nursing staff evaluates them daily, etc.
It would be very scary to think anyone could be locked up in a Care facility if they didn't really need it--like a horror movie run amok.

You didn't say if this cousin who was put in a facility, had a significant estate you either had POA over, or that you might get POA of?
Had you been mentioned in his will? Had you expected that?
It can feel painful to learn an estate has been changed and one is no longer included.
There is not a whole lot that can be done about it, often.

Have you tried to learn more about the situation from the lawyer cousin?
IF that lawyer cousin blocks you from learning things, it would be a concern to question, to learn why. Do you have ideas of why?

It is astonishing how terrible so many family member can get, when it comes to controlling elders, their estates, etc.
Those who get cut out, cast out, or otherwise relegated to the fringes of what used to be closer family relations, have to find/learn other coping skills,
or be prepared to battle with those who did it, for a very long time
--gotta think: what will the effects of doing very long legal battles be, on me and my family?
Is that worth it?
What might be gained, to get back control of that elder and their estate?
If the elder really is becoming demented, will they know it?
Will it matter, really, to them, if they no longer understand things rationally?
[[nursing homes are loaded with elders calling for home, telling people someone is about to pick them up, take them home; calling out to anyone to help them, all very convincingly--but they are not in their right minds, and cannot process it if they were taken elsewhere--these are passing thoughts that evaporate with the next person who passes in the hall]]

Take care to keep your stress levels lower, it's important; taking care of your health, is important. If you have immediate family, your first responsibility it to yourself and to them.
Helpful Answer (0)
Report

I think That Above Answer is Right For This Situation.
Helpful Answer (0)
Report

Did your cousin have safety,health or dementia issues? If he was agreeable to leave the state in the first place false pretenses or not I don't think that there is much you can do. He wasn't taken against his will to another state, but there was obviously some reason for concern on your other cousin's part to do this. There was planning behind this which they never consulted you on. This is a sad and devious way of doing things at best, but the question here is he better off? He is not only safer but he is under a watchful eye of a family member as well. My heart goes out to you, I'm sure that you are missing him a great deal. Take care & Best of Luck
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.