Legal Question in Elder Law in New York

Stumped

My father is 76 years old and has the common elderly ailments. He is starting to show signs of senility.My wife, 4 kids and myself reside with him in a single family house which he pays the mortgage and I pay the bills. The other day he wandered off and a Policeman brought him home. This has happened only once. The other day social services showed up to talk to him. They found out he is being taken care of but still wont drop it. We do not get a bit of help off the state nor do we want it. They even had my wife, who is power of attorney, sign a paper for them to get his files from the Bath V.A. or they would get a court order to see his medical files. What rights do they have and what rights do I have in this. I want to know if my civil rights are being violated. We pay the mortgage and the bills and don't get anything from the county. I don't think this is right.My mother was put in anursing home and didn't make it out of her sixties,and I''ll be damned if this happens to my Father.


Asked on 10/25/04, 12:10 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Stumped

It is obvious the Agency personnel believe they have an obligation to "investigate." But interviews with all of the parties and a doctor's letter should have sufficed, to advise the "authorities" that he is receiving the care, medical and otherwise, that he should be receiving, assuming all is as it should be.

Some Questions you should have asked were:

What is the agencies' objective in obtaining your father in laws' medical records? On what grounds did they "demand" their release? And, why did your wife release them, without a Court Order or her father's permission? What's the point and purpose of their continuing investigation?

If you feel severely imposed upon and the temper and tone of their dealings with you and your family is inapproporiate and beyond your comfort level. You need not Open your home, life, father in law, and so forth, to further agency scrutiny without the "Agency" serving you with legal process. In which case, their methods of investigation, scrutiny etc., would be disclosed to, monitored and supervised by the Court.

Please remember, that In addition to other functions, the Courts are supposed to protect the rights of citizens from unreasonable and inappropriate "policing" from the police and from other "constable" like conduct from other agencies, that deprive citizens of their fundamental rights.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 10/26/04, 4:56 pm


Related Questions & Answers

More Elder Law questions and answers in New York