If anyone has been following my story, it's a complicated mess. Family assuming my poa, changing wills, insurance policy beneficiaries, DIVORCE proceedings, without my husbands's knowledge. He has been callilng my from a nursing home in Florida where they've sequestered him away. They think I don't know where he is. Well, he has my number. Lately, I've been answering his calls, they're so heart wrenching. So lonely, so forgottten. I'm not on the list of people his caretakers are allowed to talk to. So, no information about his health and wellbeing. He wants me to come get him. If I can't take care of him here, at least he'll be someplace close. How do I go about getting the legal stuff reversed so I have control and won't be doing something they'll come after me about? Is it important to get durablel power of attorney back first? Figure I can sort the other stuff out later.
Stuntgirl, are you really sure you want to do that? If I recall correctly, things weren't going very well when he was living with you before his family took him...
Plus, I'd be concerned that his family would charge you with kidnapping or something bizarre like that. Would your husband back you up, that he asked you to come get him, if the police showed up?
Please, talk with your lawyer before you do anything. I don't have a good feeling about this, at all.
I think if you are determined to bring him back at some point I would ensure that you have your original documents to prove the family did this stuff (changing wills, poas, etc) maliciously, by manipulating a man with dementia. Your originals should trump the ones the family fraudulently obtained. Then have the police with you to support your legal right to remove him. Otherwise, I would not do it.
StuntGirl, I am having some difficulty decipehring some of your posts, the last several you seemed to indicate that you had lots of expensive lawyers and that life with him was very difficult until he left. I understand from your last post that he was attempting to contact you. However, I know that the lawyers can best explain things and direct you on which path you need to travel. I am trying to support your anguish and pray through your trials, but the legal directions probably are best discussed with your legal eagles who know the specific laws in both states involved. Hope you get things worked out soon.
My heart is breaking. To hear his pitiful cries for help from where he is. He swears his love for me. Life was becoming unbearable until he left. but, I am becoming a very sick (emotionally) person going through all of this with no view of an end to it anytime soon. He is an old man.....if I can't keep him home, I'll at least have him someplace closse........IF I can get back my poa FIRST before bringing him home. A LOT has to be done, I've found out before I can bring him home, otherwise, it IS kidnapping. I do;n't need more trouble than I already have.....or face. Thank you for your input. ALL ACCEPTED and CONSIDERED! Thankyou dear friends.
Based on my experience here in Canada, you need the best lawyer in this particular field who will then make an application to the Supreme Court (of Canada, here) to appoint you as your husband's committeee (guardian, conservator). This will require 2 doctors' written statements that your husband is not capable of making financial or personal decisions. You'll have to go back and unearth every bit of evidence you have of your family's misconduct in order to support your case. With the best lawyer in the city, I was able to get things back on track in 4 months. But - and I'm not sure from reading your posts - are you already divorced from your husband? That would surely make a difference. How old is he? How sick is he? Could you go back and visit him - perhaps even stay a short while? You might get a clearer idea of what is really going. Sometimes, action can help put things in perspective, as long as the action is within reason. In other words, don't do anything haywire because you feel distraught; keep your cool.
I think those supposedly well meaning relatives who were caring for John in FL found out how difficult it was caring for him, and placed him. I think you got scammed. If he is going to be placed, he should be placed near you & you can save your assets, not give them to people who are not his wife. I would put all my energy into getting him back to your location.
Myself, I would be so upset, that I would just get on a flight, walk him out, fly him back & place him. I am NOT suggesting you do this, but that would be my knee jerk reaction. They did all that stuff behind your back, and I would be thinking, o.k., well you just go ahead & spend your money to fight me. Sorry. I just have a feeling they really don't have his best interests at heart & you will be hurt if you don't look out for yourself.