Thursday, May 31, 2012

Saturday, October 09, 2010 Catherine Owen asks

Q: What legal rights does my husband have as the son of a Alzheimer's patient who is not being cared for properly by her husband?She is not watched properly and we are concerned for her safety

We suspect her husband is a functioning alcoholic. He sleeps late, she escapes house barefoot and lost and thank goodness kind neighbors have brought her home. There is no stimulation- he sits her in a empty home all day, and he has ignored doctor's advice to put her in a daycare facility or move closer to family that could help. Her condition is worsening daily, and my husband feels like he is letting his mother down by not doing something. It's been a year- no change in husbands behavior to help, and he is watching (and taking terrifying phone calls daily with her screaming in the background) and feeling helpless.

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Answers (2)
AFA Social Services, Health Guide
10/14/10 10:21am

Dear Mrs. Owen,

 

Unless your husband was appointed as his mother's health care proxy or Power of Attorney, there may be little legal authority he has. If, however, he is concerned about his mother's safety one way he can approach the situation is to contact Adult Protective Services. Adult Protective Services would assess your mother-in-law's living situation along with the level of care her husband is providing. If the agency believes your mother-in-law is being neglected or abused, it can then either act on her behalf to ensure she has access to various services like an adult day center or start proceedings to appoint a competent family member to make decisions for her.

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10/ 9/10 5:45pm

Hi Catherine Owen,

 

I think your husband can apply for guardian in the court citing that the husband is alcoholic and fails to care for her. If the judge sees that he does not do the job to follow the doctor's order, I think the judge will appoint your husband as her guardian since he is her own son.

For now maybe you can talk to the social worker to see if there is any way to take her away from her husband who is not taking care of her.

I think you can go to the court to complain that the husband is not doing the job and your husband will get to be her guardian easily. Make sure you can prove that the husband fails to care for her. Use some evidence such as she was lost and the police found it (a police report) as well as the doctor's report/advices.

 

Regards,
Nina

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By Catherine Owen— Last Modified: 12/27/10, First Published: 10/09/10