Legal Question in Family Law in Indiana

For the sake of his physical and mental health my elderly father moved into a local Assisted Living facility after his wife (8 yrs married) developed Alzheimers, Dementia & Parkinsons - His wife and her full time caretaker were allowed to remain in the house, owned by my father, as long as she lives. He would call her multiple times per week and had set up a manner of transportation to visit her periodically. (although she often didn't know who he was). Four weeks after he moved, her adult children have moved her into an apartment in a nearby community with the caretaker and will not allow my father (her husband) to know where she is, nor allow the caretaker to make contact with my father. It appears that this borders on kidnapping. However, the wife's son has POA for her health and financial matters. Does my father have any legal grounds to demand they allow him to see his wife and speak with her? They are in their 80's and both are in poor health. We can't figure out what her kids are up to; although we think they may have put her into a Section 8 apartment because they've been exhausting and dividing her monetary assets over the past years.

Asked on 8/20/10, 7:23 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

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Contact your local welfare department, who can put you in touch with a senior protection investigator to investigate your allegations. Wife has a right to see husband if she chooses and husband agrees, and vice versa. A guardian may need to be appointed to determine her wishes ( if she can express them) and her best interests.

Answered on 8/26/10, 7:11 am

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