Follow
Share

My Uncle, who is the primary caregiver to my 96 year old grandmother, has cutoff all contact with the family and is preventing anyone from seeing/talking to my grandmother. We have had Adult Protective Services pay a well visit but they said she is being taken care of and is in no danger. Our Uncle has put her in danger before though, leaving her stranded and attempting suicide in December of 2017. No one has seen or heard from her in 9 months. If we call APS again they will perform another well visit but that doesn't help us seeing or talking to her. He has turned off her cell phone that she once had. Looking for a legal angle to regain contact. Please help.

Did APS do their evaluation that your grandmother was safe before or after your uncle's suicide attempt? I would think a suicide attempt would certainly call into question your grandmother's safety. Is your grandmother legally competent? Is the uncle living in grandmother's home or is grandmother living in the uncle's home?
Helpful Answer (0)
Reply to TNtechie
Report

This is what I found on Legal Zoom: “As part of her general powers, a medical agent under a durable power of attorney has the authority to restrict or deny visitors access to the principal. The agent may do so even if the medical professionals treating the principal have not recommended against visitors if he believes that the visits would be detrimental to the principal's physical health or emotional well-being. He may allow some visitors and refuse others as long as he does not violate his fiduciary duty to make all decisions based on the best interests of the principal.”

Is there any way way you can speak with your uncle? Ask him what happened that has caused him to deny your visits? Does he have Durable Power of Attorney? If not, he has no legal right to deny your family’s visits. What about a group visit. You may have to go to an extreme. Gather at her house and don’t leave until he lets you in. If he calls the police, explain to them why you’re there. Pound on windows if you have to. I know. That sounds really out there, but you wouldn’t have written to us if you weren’t worried. You, yourself can also contact the police and ask for a well visit. It’s certainly warranted here.
Helpful Answer (0)
Reply to Ahmijoy
Report

Depending on the state your grandma lives in, it could be illegal for a family member to prevent others from seeing an ailing elderly parent/grandparent.

You may may be too young to remember Casey Kasem. He was an American radio disc jockey who was famous for American Top 40.

In his last months his second wife prevented his children from his first marriage from visiting him. The wife went so far as to move him and hide him in another state - against doctors orders and likely causing a premature passing.

The daughters since have worked to pass laws across the country that make it illegal to restrict access to an ailing elderly loved one.

I am not affiliated with their group - just aware of the work they do. You might want to check out their website or their Facebook page.

Google “ Kasem Cares “ and you’ll find the links.

Best of luck to you.
Helpful Answer (3)
Reply to Rainmom
Report