Expert: Robin Sexton - 7/15/2009

Question
My Dad suffers from dementia after a motorcycle accident - I have cared for him for approx 2 years - He went for a short visit to his sisters home in NC - I live in NH - Now his sister will not send him home - Refuses to let me talk to him - She asks about his bank account and property deed - When I last spoke to him by phone he said he wanted to come home - What do I do

Answer
Eric,

I am terribly sorry about this issue.  These family type issues are emotionally charged and very confusing to work with.  In most situations this will fall under your states probate laws.  Dealing with children is a lot easier because they have not reached the age of majority so they have specific protections.  Once someone reaches adult status then removing these rights is a whole lot different.  The person first needs to be determined endangered or needing special protections.  This is usually done in probate courts.  The court then appoints a guardian or conservator depending on the protections needed.  I strongly suggest that you contact a attorney who specializes in probate matters.  Confer with them, don't forget to ask them about any relevant criminal laws in your state that may be appropriate and take their guidance.  You have a difficult road to go, sorry.

Good luck

robin