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Father in nursing home, partially aphasic. Can answer simple
questions, but probably not 100% competent. Not 100% out of it either.
Mother of 4 siblings dead, father had remarried several years ago,
before stroke that put him in home.
Pre-nup agreement keeping assets separate. Deeded home to children
before nursing home, wiith life estate right to leave in home, no right
to partition.
Step mother wants to sell house to pay legal bills she incurred to
protect her own property. Two siblings don't want to do this, don't
want house sold, don't want money paid to step mother. Other two want
the money and want to pay her.
Step mother is Power of Attorney and Health Care Proxy. She has had
nursing home restrict visits of the two unwilling siblings only, no
restrictions on other two.
The first restriction was simply time: these two only can visit
between 4 and 6 PM.
A few months later, she demanded money again, these two still refused.
More restrictions added: unable to visit him in his room, can only eat
in dining room with the "crazies" (loud people, babbling, he hates it).
Again, no restrictions on other siblings.
Then, two months ago, more demands (even more money now), still
refused, and now these two cannot shave him or brush his teeth (nursing
home says the brush his teeth but do not, and cut him when they shave
him).
Nursing home says he is incompetent and that POA/HCP proxy has right to
do this. Will not show proof that he is incompetent, refuses to discuss
this in any way. Attorney also asked to meet with them, was refused,
says nothing more he can do.
Is this immoral? Is it illegal? Is there truly nothing that can be
done? He may be incompetent to enter into a contract (and I'm not even
certain of that - at times he's pretty "with it") , but he certainly
knows that he wants his children to visit and he knows he wants his
teeth brushed, doesn't like being cut when they shave him, doesn't like
the small dining room (gets to eat in other room when other siblings
visit of course but they won't shave him or brush his teeth - they
COULD, but they don't want to).
It just seems outrageous to me.
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leftism are not meant to apply to every individual leftist but
to describe the general character of leftism as a movement. And the
general character of a movement is not necessarily determined by the
numerical proportions of the various kinds of people involved in the
movement.
224. The people who rise to positions of power in leftist movements
tend to be leftists of the most power-hungry type because power-hungry
people are those who strive hardest to get into positions of power.
Once the power-hungry types have captured control of the movement,
there are many leftists of a gentler breed who inwardly disapprove of
many of the actions of the leaders, but cannot bring themselves to
oppose them. They NEED their faith in the movement, and because they
cannot give up this faith they go along with the leaders. True, SOME
leftists do have the guts to oppose the totalitarian tendencies that
emerge, but they generally lose, because the power-hungry types are
better organized, are more ruthless and Machiavellian and have taken
care to build themselves a strong power base.
225. These phenomena appeared clearly in Russia and other countries
that were taken over by leftists. Similarly, before the breakdown of
communism in the USSR, leftish types in the West would seldom
criticize that country. If prodded they would admit that the USSR did
many wrong things, but then they would try to find excuses for the
communists and begin talking about the faults of the West. They always
opposed Western military resistance to communist aggression. Leftish
types all over the world vigorously protested the U.S. military action
in Vietnam, but when the USS
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Tony Lawrence wrote:
Father in nursing home, partially aphasic. Can answer simple
questions, but probably not 100% competent. Not 100% out of it either.
Mother of 4 siblings dead, father had remarried several years ago,
before stroke that put him in home.
Pre-nup agreement keeping assets separate. Deeded home to children
before nursing home, wiith life estate right to leave in home, no right
to partition.
Step mother wants to sell house to pay legal bills she incurred to
protect her own property. Two siblings don't want to do this, don't
want house sold, don't want money paid to step mother. Other two want
the money and want to pay her.
I'm a little puzzled here. If ANYTHING has multiple ownership, and
there is the ability to sell, there is the right to petition
a court to partition the property. Whether that petition might
be granted depends on facts that I don't want to know.
Step mother is Power of Attorney and Health Care Proxy. She has had
nursing home restrict visits of the two unwilling siblings only, no
restrictions on other two.
....
Nursing home says he is incompetent and that POA/HCP proxy has right to
do this. Will not show proof that he is incompetent, refuses to discuss
this in any way. Attorney also asked to meet with them, was refused,
says nothing more he can do.
Is this immoral? Is it illegal?
I was hoping someone would give a clear answer to this -- but noone
has for over a week, so I think I'll take a stab at this.
Note: I am not a lawyer, but much of what I have to say is based
on conversations with a lawyer which helped set up a system by
which my wife would have as much control of her mother (with
the CONSENT of her mother) as possible. We believe MIL is
now incompetant, but the matter has never come up, as she
still consents to the arrangement, whether or not competent.
If he IS incompetent, and she has a durable (or "springing")
POA, and an HCP (or a contract with the nursing home
specifying that he has the right to make decisions
regarding his care at the home, whether or not in the
proper legal form), then she can legally do what she's doing.
Your only remedy, it seems to me, is to petition a court to
find that (1) he IS competent, and to ask his wishes in
the matter, and possibly to revoke the POA and HCP, or
(2) that he is incompetent, and to have the court assign
a guardian (other than her).
You need a local conservatorship lawyer to determine
your next step.
--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.
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