In mid July a relative told my mother that I was in the process of placing her in a long term and taking her assets. All of which is untrue. Everyone that knows my mother knows she fears any kind of institutional care because she was raised in an orphanage. Using this lie they then took my mother to her banks and opened a joint acct at 1 and transferred the money from another to their own account, including her monthly social security check (since resolved). She was told not to answer my calls and did not.
Long story short about 12 days later I received a call from the state social worker telling me has dementia she is in the hospital,. Then a couple of days later I am told by the hospital social worker "she is of her own person".
She was told at discharge from the hospital she could either go home with me, go to long term care of adult foster care. She came home with me.
Also at her discharge the hospital did not tell me she had or has any mental illness, even though she signed the HEPPA form to allow me to discuss and have any medical records. I was given instructions to care for her broken arm, acquired while with the relative that took her money, days prior to her recent hospitalization. I DISCOVERED BY RESEARCHING SHE IS TAKING MEDICATION FOR DEMENTIA AND SCHIZOPHRENIA/BI-POLAR. I immediately contacted the hospital medical social worker who confirmed she was on this type of medication, was surprised the doctor did not come talk to me/us before discharge and told me the diagnosing doctor had minimal training in the area and is not certified.
My mother use to work with the mentally impaired and was an ombudsman for people in long term care. She knows her rights. She will not voluntarily take testing or give anyone DPOA. She believes people want to control her or put her in long term care.
She did file a police report under the "Elder Law" against the relative that took her money, most of which has been spent on a "new home". It is under investigation. I was told she will have to testify. I know she cannot do this because she does have something wrong mentally. I do not know what it is because I am not a doctor.
Why do I say this: She hallucinates, seeing things that are not there or happening. She is paranoid and trusts no one. Her events begin at dusk. She will repeatedly ask the same questions on issues that have happened that day/hour to within the last 5 or 6 years, but is able to remember events long ago. She states that the relative that did this to her lives with her. This person has not lived with her for 40 years. She also states she has not seen or talked to me for 20 years, but I spoke with her everyone 2 or 3 days (we are separated by mileage), visiting and doing repairs to her home as often as I could She often says she is not hungry, but practically licks her plate or she cannot remember if or what she ate. When I discovered she was urinating in a bucket in her bedroom she told me she was not able to hold her urine long enough to get to the bathroom. These are just a few examples of her state of mind/actions.
What do I do? I have no legal authority, she will not cooperate because of her fear. She is currently in my home but I cannot afford to financially support her and cannot ask others to continue to care for her. Quitting work to care for her is not an option for me.
She does not realize she has something wrong mentally and wants to go home after her cast is removed. She currently blames her mental state on hitting her head when she fell, but thinks she is getting better.
I need her to be diagnosed so she is cared for properly mentally, physically and financially. I also need to prove to the courts she will not be able to testify in her own behalf because it is difficult for her to remember current events unless you repeatedly remind her what happened.
On an average she has been in the hospital once a month since January. She refused to allow her medical information released to anyone, until the last hospitalization, so I do not know why she was hospitalized, However, even though she gave permission for the last hospitalization they did not tell me why she was there. Her records were requested with my mom's signature to be sent to my home but I have yet to receive them.
It has been suggested to me that I allow her to go home, knowing she will again be hospitalized. When the hospital contacts me again refuse to take her home until they have had her mentally diagnosed by a certified geriatric psychologist, even though SHE WILL NOT COOPERATE, and run the necessary tests for her medical condition. She has stated she has some medical conditions that I was not informed of and have no records of.
I am lost and do not know how to handle this situation.
The hospital was wrong in not disclosing the extent of your mom's problems.
I actually agree with the folks who've told you to let her go to her own home and allow "something" to happen. With elders who don't trust the folks who are looking out for them (but trust the ones stealing their money), it is going to be very difficult to get her to agree to care, diagnosis, placement in a safe place, in short, any of the things that are to her benefit.
I would make sure that you do not change any of her bills to your address. You don't want it claimed that she resides with you. Make sure her rent, or mortgsge, or taxes on her home are being kept up to date.
The next time she ends up in the hospital, talk to the social worker IMMEDIATELY about having the hospital seek emergency guardianship. You want to make certain that other "friends" don't show up and sign her out, and then dump her.
I'm hoping others will have some ideas. Have you been in touch with Area Agency on Aging to find out what services she might get while recuperating, and when she goes home?
Yes the police are on the trail, they have interviewed them. I was told they admitted to some of the charges and denied most.
I have not changed her address to my home. I just put a mail hold in because the relative had her mail going to their home. I have set up automatic or on line bill pay with notification to keep her bills current.
The relative also kept her wheelchair (on rental) and walker, took the license plate off her car and disabled her car.
It was the social worker from Adult Protective Services that contacted me.
The exact date of her going home is not clear yet, but I nor anyone else can force her to stay with me because of the diagnosis and the lack of documents (DPOA/Guardianship, etc)
It seems to me that no one really cares as long as they do not have to deal with it.
1. The relatives. Their actions are fraudulent misrepresentation, in representing to anyone, including the banks, that they had any authority to use your mother's funds. Not only is this also grounds to involve the police as you have done, but it's also grounds to bring in APS to address the fraud, although they would probably contact the authorities as you have already done.
However, any representations to the bank, depending on what they specifically said, would be fraudulent, as would be the transfer of funds to another account for the purpose of purchasing a home.
There's a whole chain of activity involved in these bank transfers.
The banks can provide data to reflect who the funds were paid to. Assuming there were real estate companies involved, notify them of the fraudulent activities; they probably are unknowing participants, but they need to at least be alerted, as should the other parties involved (seller, seller's realtor, any attorneys).
If the transaction hasn't closed, the fraudulent activity should put an immediate stop to it. Realtors and others affected can then institute their own fraud proceedings against the relatives.
2. As to the hospital, I'm concerned that someone "told me the diagnosing doctor had minimal training in the area and is not certified." Without knowing all the details, if the doctor incorrectly or without proper authorization prescribed meds, you have recourse to challenge the hospital and hold them responsible for the actions of the doctor, which they are. If the doctor is not a staff member but is a contracted employee, that complicates the issue, but the agency employing him as a contract doctor is responsible.
3. As to testifying in court, discuss this with the police and see if there's a way she can testify in front of a judge only because of her delicate mental state, but I do think that any attorney for the accused would still have the right to cross examine her, and could easily manipulate the situation to stress her out and confuse her.
4. The fact that she is confused would discredit her testimony, so all the paperwork supporting the fraud needs to be the primary source of those charges. The police can handle this, but I would also try to track down the other parties involved in the real estate and other purchases.
You might ask the police if there is an elder fraud task force that could become involved to assist. See my comment below on the Michigan Elder Law assistance as well.
5. Although I'm generally opposed to the use of medicine, in this case it might help orient and settle her, as it does seem as though the delusions will affect her ability to testify and/or other statements she makes, as well as your ability to protect her.
I think the idea of getting a full physical and mental workup is excellent, but I would tell her that the appointment is just to check the status of her arm and just make sure "everything else" is okay.
6. I'm afraid you may have to petition the court for guardianship. Perhaps the APS social worker can help you with this.
7. I would also ask the police about getting PPOs against the relatives who deceived and defrauded her. This could be problematic in that you don't have a DPOA, but perhaps the police can assist you since they're aware of the fraud charges. I don't know if law enforcement would request a PPO on behalf of an individual but it's worth a try. You can also ask the Elder Law of Michigan for any suggestions (again, see below).
8. The relative who changed your mother's address to hers may also be guilty of mail fraud. Contact the USPO mail fraud unit. I had to at one point and recollect that it might have been in DC. But go to the top and see if you can institute mail fraud proceedings. I think I spoke with the USPO Inspector General's office.
9. The removal of the license plate is probably some type of theft; notify the DMV or Secretary of State's office so that if the plate is put on another car, your mother isn't responsible. Notify the insurance agent as well. Last thing you want to have to deal with is an accident by the relative with your mother's plates on the car.
10. It occurs to me that the relative may also try to sell the car. I would raise this with the DMV or other agency, and/or ask someone from the Elder Law of Michigan (again, see below).
Since the SS number was changed, that's also a fraudulent activity, at the federal level. I see you've rectified that; was there any discussion of prosecution against the relatives?
11. If the wheelchair was a rental paid for by Medicare, notify them. Continued use of the wheelchair could be Medicare fraud. Even then, it's still a level of property theft. At least Medicare would be on notice to stop payment, and the DME supplier could institute its own proceedings against the relatives for theft. I suspect, however, that it's already been sold or maybe listed on Craig's List.
12. Babalou makes a good point about not changing the mailing address to your residence, but I think I would consider a PO box so the relatives can't go over to your mother's home and steal the mail.
13. Call Equifax at 800.525.6285 to place a fraud alert on your mother's credit file. You can place either an initial 90 day alert by phone or an extended alert (5 or 7 years - I don't remember for sure) in writing accompanied by a police report (necessary for the extended alert). Someone here sometime ago wrote of a security freeze, which might be an even better idea. I haven't placed one of these but am considering it.
It wouldn't hurt to notify your mother's banks, utility providers, and certainly credit card holders of the fraudulent activity. What you'll have to decide though is whether you want to use your contact information or hers, while adding your contact info as an alternate. That's what we've done.
14. Babalou raises an interesting question. If your mother's arm was broken by the relative, that could be grounds for an assault charge. I suspect the x-ray and interpretation would reflect whether there was anything like striking or twisting involved in the fracture. I'm not a medical person, but I think a fracture from an assault would present differently from a fracture incurred falling down the stairs. I can't help wondering if this was the precipitating factor to coerce your mother to make the bank account changes.
And if so, that's also another elder abuse charge. Bank security tapes might be helpful here.
15. Michigan has recently enacted an enhanced elder protection law but I haven't read it and don't know what it encompasses. That might give you some additional options.
16. We in Michigan do have an Elder Law of Michigan service which I've found to be very helpful. Income qualified individuals can get free legal advice. You don't need to provide income data to the extent that Medicaid requires it - just your mother's monthly SS amount. Website is: http://www.elderlawofmi.org/.
If you need an attorney's help in working on the testimony issue, they might be able to offer suggestions or referrals.
16. There's another possible charge against the relative for not getting medical care for the broken arm, assuming that the relative was aware of it. That's more evidence of elder abuse.
17. Do you know what the incidents were that precipitated the dementia hospitalization? Who called? Was it EMTs who brought her to the hospital? Or was it the relatives in an attempt to obfuscate the truth about their fraudulent activity?
I'm sure I'll think of other suggestions, but hopefully this will help you get started.
And do try to spend some down time just relaxing; this is more than just about anyone can deal with all at one time.
When she was injured she has stated she fell down the stairs because the handrail was not secured. The police stated "why would they harm her, they already have her money, accidents happen".
Within a few days from the right arm injury (she is right handed) they returned her to her home. They did not leave her any money or access to money, disabled her car, took off her license plate, kept her wheelchair and walker. She could not physically care for herself. She was told not to answer my calls, which she did not.
A few days after that a friend of hers stopped by, at which time my mom said she needed to get to the hospital and asked to stop by the bank on the way. The bank then froze what little money was left in the joint account.
The friend then drove her to the hospital (diagnosis unknown at this time). A couple of days later I was contacted. She was released to me 7 days later without consultation from the doctor or being told what was wrong with her beyond the broken arm, she will need therapy after the cast is off and to continue these medications/vitamins. I have found out by doing my own research that she is on meds for dementia and schizophrenia /bi-polar.
After going to her home from the hospital I contacted the police for her. She filed a report, although I do not know how accurate it is because she kept getting confused on what happened. When she filed the report I was asked if she had a mental condition and I said no because I was told she "was of her own person", and did not know about the medication yet.
When I discovered what her meds were for I contact the police and ADP. To my knowledge this has had no bearing, as I was told by the police she will have to be interviewed by the prosecuting attorney to make sure "she can be a witness", if she is unable to testify there may not be a case because she signed the papers.
The police told me that they interviewed the relative who admitted to some, but denied most of her claims. They then randomly began paying SOME of her bills but either paid too much or too little.
I do not know if she signed for her mail to go to the family members house, but I am assuming she did because she signed all the other documents.
She then began having nightmares and hallucinations that this family member was after her and going to kill her. She is now scared to death of them. She asks me if they are in jail yet, not comprehending the legal system. I just tell her no but she is safe here. Nothing is going to happen.
This brings us to the present: I do not have any legal way of getting her to take the tests or to get a DPOA. She refuses all. She knows her rights and will not cooperate. When she starts being questioned something snaps and she believes the testing is to put her in long term care and will not cooperate. She cannot comprehend the testing is to protect her. I cannot afford to financially care for her and I must go back to work for my own family's well being. She will not mentally be able to testify, and no doctor has claimed her mentally incompetent. I think I need evidence of her mentally incompetency before the court interviews/hearings began. It is my understanding that the crime is much more serious if committed against a mentally incompetent person. I would also like her money returned so she can live her life in her own home, hiring elder care people to stay with her, if this is what she chooses. I would also like her wheelchair and walker back so she can use them when she needs them.
As for the license plate, this is one thing the family member admitted to taking, with an explanation of some sort. I am assuming the police have contacted the necessary parties, informing them the plate is stolen.
Adult Protective Services, the Sheriff Dept, City Police and State Police have all been involved with this matter. I remain in the dark, as well as my mother.
Thanks so much for your help! Stress cannot explain my state of being.
And excuse my ignorance, but what is ADP? I googled it but the hits had no relevance to this situation.
It was/is just a mess. When they closed the accounts this also disabled her automatic payments for her bills. So then she had NFS fees and bills past due. I finally got this all straightened out.
As for the broken arm.... I was not there so I am not speculating on the circumstances. I will leave that to the legal authorities.
I don't really care if the DPOA is for me and have expressed this several times. I just want someone that is concerned with her welfare to have it. I have told her if she does not give it to someone the state will take custody. can only advise her, much more I can do.
ADP is Adult Protective Services.
This sounds cruel, but I wonder, if you told your mother often enough that NOT getting testing would land her in an institution might work. We often speak here of the "therapeutic fib"; this would be a whopper, but it would really be the best thing for your mom to have a good diagnostic workup and get onto the correct drugs.
I don't know where you live, but this situation seems tailor made for a restorative justice sort of program. Who are these scumbag relatives, and are there no authority figures in your family or community who can make them "do the right thing"?
Unfortunately these events did not take place where I reside, but in a very very rural area. The sheriff and the police both told me they have never dealt with an issue like this. I am wondering if the prosecuting attorney has.
She needs to be diagnosed correctly, we both know that. She does not believe and/or think anything is wrong and therefore believes testing is an avenue taken for institutionalization, not help. I guess the hospital is not concerned either.
I would simply make an appointment for the evaluation and take her. The neuropsych or psychiatrist ( talk to them beforehand) needs to be prepped about what's happened. Tell her that it's the only way her insurance will pay for rehab on her arm. Or some other therapeutic fib.
All our lives, we are trained by our parents to tell them the truth. What I've found is that there's truth....and then there's what your parent needs to know.
My mother does not need to hear that some else has died. If she asks me about them, I'll tell her, but I no longer volunteer the information. My mother does not need to know that the nursing home she's in is costing her $15,000 a month. And she does not need to know that she has dementia.
This all started when my mom was in her mid 80s and developed terrible anxiety issues. I told my brothers that we could no longer tell mom stories that didn't have endings. No more..."I'm going for some blood tests", or " they're evaluating the little one in school, maybe he's got Autism". Bad news she could handle, but the not knowing part was not good for her. Ultimately, it meant stepping back and analyzing what my mother's needs were and fulfilling them.
I see my own Mom ending up in this boat. My niece is a sneaky conniving gold digger. When my Sis was dying of cancer she suddenly became real interested in my family, previously unavailable to my Sis, calling other women her Father had relationships with "Mom", etc. She chose to go live with her Dad when he and my Sis divorced, "follow the money". Rarely even called my Sis, never sent her Mother's Day cards, Birthday, etc., but sure bothered my Mom and Stepdad for money, presents, cars, etc. Right when Sis started to take a turn for the worse niece and her boyfriend wanted to come down and stay with Sis to "help take care of her". Yeah, right. They had no job, car, money, a 5 year old by a different Father, and were getting a ride down here from several relatives doing several legs of the drive. I was able to talk one of the transport people into leaving the boyfriend and kid in their town against niece's wishes. Sis hated the boyfriend and was way too sick to have a 5 year old in her house. Then the niece "over stayed" her visit, started driving Sis's car, spending her $, still trying to get boyfriend and kid into Sis's little house. I did some checking, found out they spent their rent $ on dope, had no place to live, boyfriend's GMA had temporarily put him and the kid up in a pay weekly hotel room! So their plan all along was to move into Sis's little house, use her debit card while she lay helplessly dying, drive her car, viola-instant house, no rent or deposits, utilities on, furniture in place, paid for car, ... The second my Sis passed the niece grabbed the phone, called her Dad up north and told him to get the boyfriend and kid down here "by what ever means possible". Well, why? Where ever were they going to stay? Funeral to take place up north a week later, what reason would there be for them to all come sit down here? Ugghh, I can't even look at her without wanting to barf. That was almost 3 years ago. Her and that boyfriend had another kid after that, (welfare), and they dangle them in front of our Mother. Put them on the phone to her, want to come down and stay, ask for cars, money, etc. One day they will come down to "visit", announce they have no place to live but will look for work here, and they will never leave. Matter of time until they are stealing bank accounts. Poor Mom doesn't want to understand that is what her only granddaughter is. I really sympathize with you!
About the $$$ gone to worthless family & future Medicaid issues:
If you filed a police report on this & any other thefts, you need a copy of the police reports & court transcripts when you submit the medicaid application to get the Medicaid transfer penalty waived so they can qualify.
1. Never argue, instead agree
2. Never reason, instead divert
3. Never shame, instead distract
4. Never lecture, instead reassure
5. Never say 'remember', instead reminisce
6. Never say "I told you", instead repeat/regroup
7. Never say "You can't", instead do what they can
8. Never command/demand, instead ask/model
9. Never condescend, instead encourage
10. Never force, instead reinforce
I wish I had some wonderful answers for you, but I don't. I'd like to just give you a big HUG and wish you all the best with this terribly difficult situation.
Also found out today that the sheriff and police departments involved have not even finished their reports (17 days later), yet filed anything with the prosecutor.
Yes, I know Medicare goes back 5 years, again another problem.
She has not be diagnosed by a board certified psychiatrist or similar so it is not recognized. The hospital/doctor did not even meet with me to inform me of the medication she was on. She will not cooperate to get tested. She thinks she just needed time to recover from hitting her head during the fall that broke her arm. Again another problem.
I personally have or am trying to do the right thing for her, but meet dead ends everywhere with the legal community, as well as with her. I cannot afford to hire an attorney, quit or miss work, drive 300+ miles one way to take her to appointments that will be required. I cannot even get the doctor(s) to give me FMLA. Lets not forget she was release to me "only a broken arm" .
Bottom line... no one really cares. The "Elder Laws" are a joke. The legal community, representatives for the elderly and the medical community do not want to get involved beyond finding someone to take care of the elderly when everything has gone wrong.
Consider this, she must have had presence of mind enough to file a police report.
She is, like you said, experienced with all her own issues, rights, and the system.
Do not worry, she has been diagnosed, you just don't know yet. What is written as the diagnosis works against you, and maybe her, unless you get her to a good geriatric psychiatrist to write the truth and to advise you. I really don't like that you can be put under this duress and manipulated by someone with a mental illness making very poor choices, until her rights to do so are taken away. She will hurt you more. You can consider calling APS to come out once you take her home, and allow the system to be her guardian. Maybe at that point, she will cooperate and trust you. Take one day at a time, one week, one hour. Can she manage with the broken arm at home over the weekend? Tell APS you have tried but have no authority to help.