I have an uncle who has been placed in an nursing home Alzheimer's unit by a court appointed person. How do I get him out of there?


My uncle was left in a hospital by his common law wife of 48 years. We we're notify when the courts had already named a court appointed person to make decisions for him because he has starting signs of dementia. And although he is still very aware of what he wants. We are unable to get him out of there. Unable to get a hold of this person making decision. She never answers our calls. He is in an enclosed unit where we are not even able to take him out for fresh air. He is also in Ct. And where in Ma where we want him to be closer to us. Oh yeah my uncle is also a vet of the Korea war. Please help us get him out of there. He's becoming very depress by being in this place.

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my uncle owns the house but the step daughters called the police saying he was unstable and the police took him from his home of 40 years. The home was purchased before the marriage of the wife
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Jae, this is an odd situation you are reporting. Why is the wife not responsible for his affairs? Have you asked for visitation permission from the court-appointed caretaker? In writing? How is it you did not know what was going on with him until all this had happened? Check with the faciilty's director for guidance on how to see your Uncle. Are you communicating with him by telephone? Have you got a copy of the court proceedings? Please do as suggested previously and write the caretaker and send it return receipt required asking for permission to visit. What makes you think Uncle wants to move to a different state and be close to you? I suspect you do not want the responsibility of caring full time for a person who has been adjudicated by the court as not responsible for himself...that's going to be a challenge for whoever gets that job. What is your interest in Uncle and have you communicated extensively with your Aunt about him? I suspect there is animosity between you and his common-law wife that is interfering with your ability to visit with Uncle. He is of course going to want to escape his surroundings....all people with dementia want to 'go home'. Just a few thoughts....
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Really what do you think you want to have happen…..is it that you take over everything including all responsibility for your uncle from the court appointed guardian OR do you want to be able to visit with him and be a part of his life & have someone speak to you about what his situation is?

If its to take responsibility, well imho that would be most difficult as you are not a resident of CT and the judge has already had some sort of hearing to determine & place your uncle in a ward of the state with guardian & apparently his wife was fine with this happening. I'd bet that there are things that happened with his dementia & other health concerns that led her to let him become a ward of the state. If you want to do this, realize that guardianship will mean you have to hire a CT attorney who specializes in this. Most judges are very hesitant to ever grant a guardianship to someone out of state; most just won't. Coming in now to ask for this after a judge has made a decision, well they aren't likely to be amiable to doing this. Costs vary but guardianship run from 5K - 20K and all the costs you as the petitioner pay upfront. If there is anything in your background or family that uncle would be residing with that is amiss (felonies, bankruptcy, IRS issues) you are toast on ever being appointed a guardian. If you don't have right now 15K to hire an attorney in CT, I think it's foolhardy to continue to think about doing this.

About the guardian not returning your calls, she probably does not have to as you have no standing legally with your uncle. What might be a good thing to do is to go on-line to download a copy of all the legal related to the court orders for your uncle. Most states have their county records all available on-line for a small fee. Probate court is all public records except for children's guardianships so all should be there. Buy the records and carefully read what is in them. It should give you some solid insight as to just why uncle is there and will give contact info for the guardian. Then send her a certified letter like Garden Artist suggested. If she doesn't contact you or refuses the letter, then you contact the judge who did the orders to arrange for a meeting between you and the guardian. All costs for doing any of this are all on you.

Have you contacted his wife to discuss the situation? If all you are hearing is what your uncle tells you, it may not be at all accurate.
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There would be an order filed in the court which assumed jurisdiction. Contact the clerk of that court and ask how to get a copy of the order, which will address the level of authority appointed for placing your uncle as well as ongoing authority of the appointed guardian and the court.

Alternatively, sometimes you can order copies of pleadings online.

Contact the guardian in writing if he/she has any ongoing responsibilities beyond the placement. Send it certified or overnight so you have a receipt.

It may be that the placement is intended to be indefinite, but the guardian should at least have the courtesy to return your calls.

It's unclear to me though whether your uncle was in a "hospital" or the unit he's in now, and whether the wife left him there or the guardian arranged for him to be there.
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It has apparently been adjudicated that he is incompetent. My advice to you is that you visit as often as you can, get acquainted with staff so you can ask their assistance to get your uncle on the phone a couple of times a month, send him little helpful things once in a while, and try to get a friendly relationship started with his appointed guardian. Perhaps she can suggest ways you can enrich his life from a distance.

You didn't have a close relationship with him as evidenced by your being unaware of his circumstances until months had passed. I understand that he doesn't want to be where he is. Think about it -- who would? But his cognitive abilities are no doubt significantly effected. He cannot live alone. He's probably exactly where he belongs.
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