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  1. #1
    Join Date
    Jul 2013
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    Pomona, Kansas
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    1

    Default Possible Neglect Charges After Death of a Parent

    My question involves a person located in the state of:Kansas. My father in law had mid-stage Alzheimers, and a history of falling. My husband and I were taking care of him and I had started the process of getting him home health for the times I was at work, when my brother in law would not let us bring in an outside party to care of my father in law. Shortly after that we found out that my brother in law had gotten POA, and would not even let us take care of my father in law any more. In the last year my father in law has been in 2 nursing homes and escaped from both, had had physical therapy and home visits from a nurse. My spouse and U were not allowed to know where my father in law was. Now, we received a call last week that my father in law had died, when he was found in his home he had been gone for 4 days and no one was taking care of him. If it was known that he had to have extensive enough care to put him in a nursing home and even have visiting nurses come to the house, is it criminal neglect that my brother in law had not checked on him in a week, and did not notify any family of where he was so that someone else could check on him and take care of him?

  2. #2

    Default Re: Criminal Neglect, and if So What Can I Do About It

    We don't have nearly enough information to surmise if criminal negelct would even be considered by the state's attorney. However, since this was obviously an unattended death, the medical examiner or coroner would have determined a cause and manner of death. Whether or not that cause or manner of death MAY indicate that neglect was a contributing factor, we cannot say, since we can't read it. Has your husband sought a copy? If the death investigation indicated neglect, authorities should have automatically been notified. Generally, however, an individual, even one with POA, doesn't have a duty to another person's medical care if they are outside of a medical facility licensed to provide medical services. Did your spouse ever challenge the POA and seek POA himself? Was adult protective services ever notified of the situation? (Note that even though you feel that he needed nursing home care, the nursing home DID release him.)

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possible Neglect Charges After Death of a Parent

    Quote Quoting hotrock_laf
    View Post
    My husband and I were taking care of him and I had started the process of getting him home health for the times I was at work, when my brother in law would not let us bring in an outside party to care of my father in law.
    How did your brother-in-law accomplish that?
    Quote Quoting hotrock_laf
    Shortly after that we found out that my brother in law had gotten POA, and would not even let us take care of my father in law any more.
    How did your brother-in-law get a valid power of attorney from somebody with mid-stage Alzheimers?

    I expect that the police are already investigating the circumstances of your father-in-law's death.

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