samedi 20 janvier 2018

Abuse and Neglect: Elder Law

My question involves a person located in the state of: Indiana

I have an older sister who is disabled (Wheel chair) still living in her home with her husband. he is verbally abusive to her. He withhold food and water from her to get her to do what he wants her to do. She is diabetic. He will leave her alone up to 6 hours or more at a time in her bed and without access to food or water. She is dependent on him to take care of her. He recently had her sign all her assets over to him so he could get her on to Medicaid and he would not have to pay for any of her expenses. I presume that this was also done as he intended to put her into a nursing home and did not want to pay for it or lose his assets. (They own their own home, he has 2 Cadillacs, 64 GTO, truck, a Corvette, has a healthy pension, and has a military retirement)

Now that she is on Medicaid he is refusing to take proper care of her and insists that she go into a nursing home. He had her social workers come and talk to her and tell her that she MUST go into a nursing home and had her sign some papers. They are telling her it is only for a month and then she can leave but I don't believe that. Her husband threatened to leave the state and not provide care for her unless she signed it.

What rights does she have? And how could they make her sign this paper? He forced her to do it in front of these social workers. Is this even legal? What can she or I do about this? She does not want to go into a nursing home. I am physically disabled and could not move in with her or have her live with me as i could not take care of her. However, I an a co-representative with her husband on her durable power of attorney and her health care power of attorney. With it being an stipulation that no one person may make the decision alone.

Thanks.


Abuse and Neglect: Elder Law

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