Legal Question in Elder Law in Alabama

Custody of parent who is mentally impaired

My father is 86 years old and mentally handicapped. He recently went to the hospital for pneuomia. This is in Alabama. I live in Tennessee. As his closest relative I had to go down to the hospital to sign papers so he could be treated. DHR took custody of my father shortly afterward. DHR worker said he would send my daughter papers to sign for custody where she could get him in a nursing home close to her. This hasn't happened yet. DHR is putting him in a nursing home where we can't see him. If my father can't see his relatives he will die. DHR has been informed of this fact. There has been no abuse towards my father and he has been taken care of and seen on a regular basis. What can I and my daughter do to fight for custody of my father?


Asked on 11/26/07, 4:33 pm

2 Answers from Attorneys
William Nolan Nolan Elder Law LLC

Re: Custody of parent who is mentally impaired

I empathize with your plight. Sounds as though you are caught in the proverbial bureaucratic black hole. You need to find an elder law attorney in the city where your father lives or where he is now residing so you can get an advocate working for you. Go to www.naela.org and do a zipcode search for an attorney. While NAELA isn't a guarantee of success, the lawyers who belong to NAELA do profess to have expertise in this area.

Good luck,

William G. Nolan

www.NolanElderLaw.com

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Answered on 11/26/07, 4:56 pm
Ronald Holtsford Ronald A. Holtsford, LLC

Re: Custody of parent who is mentally impaired

I am really sorry for what you are going through and I know its a tough situation. You stated your father has been properly cared for; DHR does not normally step in unless they feel they have to based on lack of care or inability to provide proper care. That is not to defend DHR. I would suggest you either check for elder law attorneys in that area of Alabama via the internet or call the Alabama State Bar Lawyer Referral(they have a toll free # that I can't find right now). Regardless, I don't know how they can keep you from visiting.If you have talked to DHR and tried to work something out, then contacting a lawyer that does guardianships and/or elder law is the best step since you are at a distance. Good luck and God Bless you.

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Answered on 11/26/07, 11:30 pm


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