Legal Question in Elder Law in New York

First allow me to give some background information. Recently, my father was a resident in a nursing home. Also living in the same facility was his girlfriend whom he became involved with before they became nursing home residents. Both my father and his lady friend were considered at the same level of cognizance in the early stages of Dementia. At one point the pair had some sexual contact at the home and were discovered. The woman's family called the police and my father was convicted of sexual misconduct. He began his 6 month jail term today. We were told by the social worker at the home that we had until Monday to collect his personal things from his room and they wouldn't be touched by staff until we arrived. We arrived today to collect them only to discover they had taken it upon themselves to remove all his personal effects from his room and no one seemed to know what was done with his things. No one seemed concerned or willing to help find them at all until I began to threaten calling the police. They were then able to locate his things in a random, unlocked hall closet. We discovered valuable items such as his electronics, some cash and other items were missing. The administrator told us he didn't care and it wasn't his problem and to feel free to call the police. We called the police and they refused to help, telling us it's a civil matter. I have no idea where to go from here. Is there anything I can do about the theft of my father's valuables and the bad way the home handled the situation?


Asked on 1/23/16, 4:18 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Not really.

If you insist, you can go onto Yelp or some other nursing home review site and post a nice long truthful rant. And then pour yourself a drink and reflect that corporate administrative incompetence in the US is just the way things are. Let it go, and do what you can to comfort your father, but don't let his situation ruin your Spring either. What can you do? Nothing. Sue them? No. Burn down the facility? No. Protest outside with a cardboard sign? No, it's too cold for that. Incompetence and uncaring staff. Take a deep sigh and forget about it. His electronics and petty cash and whatever just aren't worth the aggravation.

Good luck.

Richard Bryan

New York, NY

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Answered on 1/25/16, 1:23 pm


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