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My name is Jordan. My dad has a history of strokes that has led to the diagnosis of dementia. I am my dad’s only child. We reside in MD.



Important information prior to reading:



-Due to my dad’s quick decline in health, he made a living will during a time when I wasn’t present in him life. (More info below). My dad’s sister (who he never had a good relationship with) is the POA.
- My dad is considered ‘sound minded,’ but with that said:
- he has cognitive-communication deficits. He communicates best with promoting and visuals. He says enough to get his point across, but his dysarthria makes it very slow and often slurred.
- he has limited mobility so he can’t get anywhere independently. Especially steps. This is a problem because in both homes (his home and where his sister lives, he stays in the basement). Most of his hospital stays are due to falls.
- He no longer has a cell phone and the home phone is upstairs. Even if he could access the phone, he doesn’t have a phone with his contacts.
- I KNOW my dad has expressed to them that he wants to see me, but they are ignoring his wishes.



My dad’s cousin from VA talks to my dad every Sunday. She had warned be that ever since his Covid diagnosis in 2021x my dad’s expressive speech was significant impaired. On Sunday, March 12th, when she called my dad, his mother (age 97) answered. My dad’s mother told her that he fell and was in a nursing home. Once I found out the nursing home, I went to see him. We haven’t seen each other since 2017 because his psychotic ex wife wished death upon my unborn child in 2017 This was after years of tolerating her harassment just because I love my dad .



Our reunification was beautiful. He said he hoped I could forget the past. He met his grandchildren a few days later. It was everything I had hoped for. I spent so much time with him in those 12 days.



My dad made it very clear that he wanted to continue our relationship. He also made this very clear to his sister (where he stays a lot of his time) and his mom (who lives with my dad at his house) that he wanted to see me once he was home.



Sadly, my dad’s mom and sister have never liked me. They always looked at me as my ‘mom’s child.” Sadly, not ONE person in my family likes or trusts his sister as his POA. My cousin, her son, even refers to her as ‘the devil’ :(. My dad even expressed to me that he knows his sister is just out for herself and just wants his estate. I did not prompt this whatsoever. Apparently before he told me this, his sister came to the nursing home saying that he could either choose her and his mom, or me. My dad would NEVER choose ANYONE over his mother.



I called them before my dad’s discharge to thank them for all they’ve done to help with my dad and that I’d like to figure out a time or schedule when I could continue seeing my dad after he was discharged. They never returned my calls. Sadly, I can’t call him directly because of him not having a phone. My dad also has had his license taken away due to his health.



Well, he was discharged March 24th to his sister’s home. My dad thought he was going ti be discharged to his home. They blocked my number. It’s the point, where his sister won’t even let ANY family members who call her home talk to her mother OR my dad. I went to my dad’s sister’s house nine days after he was discharged and after NOBODY being able to talk to him. She would not let me in and said ‘they were busy.’ I had a well check done, and he was ok. I knew he was physically ok, but it’s the psychological aspect that I worry about.



Lawyers have made it seem like filing for guardianship is my only option. My dad is not at that point yet. Even if my dad wanted to change his POA to me, I can’t PHYSICALLY see him to do that. Sadly, our family thinks that’s why his sister is isolating him. Any suggestions?

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Have the attorneys you saw told you the cost of fighting for guardianship? It can run, in a contested case (which this would be) easily to 10,000.
And though I got a bit lost in the weeds of all of this I think you did say that your father remains competent? So he did choose his POA, your aunt, and has not withdrawn her as same.

It is always so difficult when family chooses to fight over the living body of a weakened elder. You said your father was thrilled with reconciliation with you, and I believe you. But your Aunt is his POA and seems firmly in control. And a 10,000 fight might be beyond you.

I myself would first make an honest try at healing the breach with Aunt and Sis. I would tell them you love your Dad and wish only to make his last days quality. That you would happily visit him ONLY with their supervision. That you would love him to see his grands in his last time. Offer support, shopping, appointment transportation, and respite if they would like it.

If this doesn't work ask if they would consider mediation.
If that doesn't work I would ask to see APS, ask for a wellness check, and ask them to ask your father if he wishes to see you. They may be able to arrange accompanied visits for you.

Again, it is always so sad to see these family situations. That you aren't alone will be little comfort to you. I surely do wish you the best and hope that you will update us. I am quite sad for you.
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Jordanmay1122 Apr 2023
This whole situation breaks my heart. Even my husband has no idea why my dad’s sister is choosing to make it this hard for people to talk to my dad. I would be upset if it was just me my aunt was isolating from my dad, but it worries me that it’s the WHOLE family. I would love to do this as a family. I know that’s what it best for my dad. Sadly, they refuse to talk to me, or any other family member. It’s very odd. It’s a control matter, and I worry about what else is happening after all of these years kf pretty much having my dad isolated from me and the rest of the family. There hadn’t been a third party that has been overlooking what has been happening to my dad’s finances, and if follows his have ever been scheduled.

Right now, fighting for guardianship isn’t an option because my dad is competent. He is not ready for a guardian. The lawyers just didn’t seem optimistic. Both of these lawyers gave this advice during their free consultations. I have a paid consultation in two weeks with a different lawyer to see my options. My dad would most likely assign me as his POA at this point, but has NO way to contact me or see me to do it.

I wondered in APS could be used as a bridge between my dad and me. I’ve never gone through APS before, so wasn’t sure their check would be more detailed than the police well check . I know for a fact that if APS asked my dad if he wanted to see me, he would say yes. If not, then that would be what I needed to know to not pursue this. But after the conversations my dad had I have had, he has never had so much joy than when he’s been with me.
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If Dad is competent, then the POA shouldn't be in effect. The only thing Aunt can do is prohibit you from coming into her house, which she does have a right to do.

I'd talk to a lawyer and see what they advise on that front, not the guardianship angle. The lawyer could write a strongly-worded letter regarding the legality of keeping a person "captive" and isolated from his nearest relative. Perhaps Adult Protective Services can weigh in as well.
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Jordanmay1122 Apr 2023
Yes, I’m going to be calling APS tomorrow oR Tuesday. Two more family member reached out to me saying they haven’t been able to talk to my dad since he has been at my aunt’s.
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I would make that call to APS if Sister won't allow your visit. Your father should be checked on. APS will usually interview an elder ALONE, asking if he would like visits with his son.

Try sister first. Tell her that you feel quite desperate at this time that you cannot see your Dad, and you are worried for and about him. Let her know that you want to ask her first if you can see him, even if supervised, but that if she will not allow that you will have to take further action, something you hope not to have to do.

If she says no you can tell APS you asked nicely, even for supervised visit if that would help them allow your visits, and were told no, and at this point you are truly concerned as to why he is being kept from you. You can ask for a welfare check on him. Ask if they will intercede to let you visit your Dad. Again, sure do wish you luck.
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Jordanmay1122 Apr 2023
I asked very nicely. I’ve been nothing but kind to her. There is NO way for me to contact her. I was there when she picked up my dad on his discharge date from the nursing home. I tried to nicely talk to her. I didn’t say anything hurtful or have a mean tone. My dad even expressed there in front of all of us that he wants to see me. And that he will see me soon. When I asked my aunt about when I could see him again, her response was “give it to God and pray about it.” I told her that my prayers had led me to the nursing home to see my dad, and that God brought my kids into his life for happiness during these stages of his illness. She didn’t like that answer. My grandmom’s (my dad’s mom) response was to give them time.

I gave them six days before I tried calling for the first time. When I called My aunt’s (dad’s sister) house, a recording came on that my number had been blocked. I tried calling my grandmom’s cell phone and it went right to voicemail, so I left a caring voicemail. I continued to do this four days.

On Sunday, I physically went to my aunt’s house. She came out ti the porch and told me they were busy and I couldn’t see my dad. I was calm, even though I was dying inside. I called for a well check and the police said my dad was healthy. The police officers didn’t seem to worry about the isolation fact, since that’s not really their scope of concern.
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How about if you buy him a prepaid phone? You could pay for his minutes and call him. If his sister takes it away, you didn't lose a lot of money. A real simple to use phone would be best so he doesn't need any help with it. OR call the phone company and ask if they can install a private line down in the basement for his use only - you pay.

Otherwise, if me, I'd call an attorney and ask for a way to do visitations with him. Don't visit with others while you're there - directly downstairs, do your visit and go.
A POA is supposed to help with financial or legal decisions for you - not seclude you from your parent.
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I'm sorry to hear of your and your father's situation. Some others on the forum have given sound advice.

Hiring an attorney and letting the court assign a Guardian (whether you or a public Guardian) or take whatever action is necessary to enhance your father's life, is the best advice - in my opinion.

A POA is a document that gives someone else the right to make specific kinds of decisions IF you cannot or IF you direct them to do so. A guardian is someone who takes control and makes decisions for someone, presumable in that person's best interest.

Beyond legal intervention, it doesn't seem that you or your father desires will be met. It sounds like his sister is just mean and cruel.
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One question I would ask a lawyer is if Dad can be kept from having a phone if he is competent. There was an OP that posted that her States has a law where phones cannot be taken away from individuals even with Dementia.

If ur Dad is competent, then his sister has no control. Even with and Immediate POA, the principle IMO still has a say. And is living in a basement safe for him? It better have a 2nd way out in case of fire.
Dad can also revoke sister's POA and assign u if he is competent.

You need to determine how far you want to go with this. I would call APS and ask to evaluate his living conditions at his sister's home. APS also needs to talk to him alone to find out what he wants. You need to tell them sister has given him an ultimatum. If APS finds the living conditions are OK, ask if there was a 2nd way out. If not, call the code office and see if the apt is legal.

I really don't think, though, u want to cause trouble, you just want to see ur father. If I am right, ask the lawyer can't your Aunt be written a letter saying her POA does not give her the right to ban a child from seeing a father or the principle seeing daughter.
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Jordanmay1122 Apr 2023
I love both of your ideas about checking the phone laws for dementia patients and seeing if a lawyer could draft a letter asking for visitation. His sister has NO REASON to say no. I have a feeling he continued to calm his ex wife, so they thought it would be safer for him to not have a phone. With that said, he could have a GABB on home, or watch. Something where he can contact others. I’d be more than willing to buy one and get it set up for him!

I feel they keep everything from my dad to make him believe he is less competent than he truly is. It’s been sad to watch. He only has his sister and his mom. Having me, my husband, 5- year-old, and 2-year-old would bring him so much happiness. Actually, the smile he has on his face when he held my my dad had on his face when he held my son on
hid lap is what keeps me wanting to fight for my right to spend time with my him. I love him so much. I took time off from work (which I never do) so i could spend as much time as possible with him, get him clothes, electric razor, body wash, Deodorant, and others things because he went to the nursing home with just pajama pants.
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You have received good responses so there is no need for me to repeat it. Just offering my support and best wishes to you.
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Jordanmay1122 Apr 2023
Thank you so much! Yes, I’m so thankful for the responses I’ve received. I have been doing so much research, but it’s different hearing from actual people with experience in elder care/law.
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I would also say that even if you aren't quite ready to have APS make the home visit - if you are waffling and worried about the consequences for example - as some might be - you CAN call and ask them questions. Even anonymously.

I had questions about a very specific situation several years ago - but it was absolutely NOT a visit worthy situation at all. I needed to know what, if any, legal ramifications there were if we hired 24/7 caregivers for my competent but stubborn FIL while all of his regular in home and back up caregivers were out of town for a wedding that he wasn't able to attend and he pulled a fast one on us. We were incredibly concerned that he would wait until we got to our destination, an 8 hour drive away, and then fire them. And call us and tell us he was home alone with no help. We had already paid for a rental home, wedding clothes, all of the expenses that go with a week long vacation. And it was the wedding of my nephew, the son of SIL/BIL who are his primary caregivers. So NO ONE was going to come back 8 hours to take care of him.

The people that I talked to spent a lot of time reassuring me that because he was competent, he had the right to make those choices - no matter how stupid - and that we were not in any way legally responsible for him if he did. That there were consequences for his actions.

My point in that little sidetrack story is this - you can call and talk to them about your situation without even giving them your name and ask for advice if it makes you more comfortable - to begin with. Once you have done that and understand what will happen next it might make you feel better about the process.

This situation is very sad. It sounds like things have been repaired and that you aunt and grandmother are continuing to try to make things very difficult - because they are used to controlling things. It certainly cannot hurt to have APS make a welfare check and ask your father what his wishes are.

As you said, if he says he wants your help - you can get him the help he needs. If he says he doesn't, then you have your answer. But there are a lot of things that could potentially help your father if he wasn't isolated in that house the way he is. And being around his grandchildren - according to my mother LOL - is rejuvenating for the soul!
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Jordanmay1122 Apr 2023
Thank you so much for taking the time to respond! I really do think I should call APS before speaking to a third lawyer.

i LOVE my dad. I know he loves me too. We could not stop holding hands. When I cried in fear that this isolation from me would happen, he tried to sit his aching body up to hug and pull me in. I just can’t stop replaying that fatherly instinct in my mind. Even though a few years have passed, he still felt that need to nurture and love me. I know I’ll need therapy after our reunification. Especially after them keeping him from all of us. There are just so many touching moments that have happened between us during his time in the nursing home that I will never forget.
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You Need a Lawyer that deals with Elder abuse . You could file for Conservatorship on your own go to the Court House or call Legal aid there are Clinics . You could Become His healthcare Proxy . You can get a restraining Order against the person Prohibiting / Limiting contact with your father and ask the Judge to speak with Him - Call Your Dad as a witness and also ask the Judge For a medical examination . Or you could get a restraining order to have him removed from the house which I dont think you really want to do that . Guardianship is a long road and is often not granted . Maryland Maybe different . You definitely have rights as a son and you Have every right to speak with your Father .
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I went through the same situation that you’re going through. Don’t wait….get a lawyer now so you can visit your Dad.

Since it’s your Aunt’s house she doesn’t have to let you in to see him. I couldn’t see my mom for 3 years until she went into a nursing home & then only with the help of Alliance for long term caregiving. They’re like an ombudsman for the elderly & their families.

I’m so sorry that you’re dealing with this & wish you all the best.
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