Legal Question in Elder Law in Indiana

elder abuse

My father is 82, he has Parkinsons and is in renal failure and now in a nursing home. This is after years of his second wife failing to fill prescriptions and providing minimal care. I live in Texas and despite annual visits and protests of his state was told he was fine and basically ''go away'' Two sister live in Indiana and got the same treatment.

After they drove off a month ago and were missing two days and found in another state, Dad is failing and now we find out all his CD's and cash have been put in his wife's name by her while having power of attorny and is not available for his care.

I know we spent too much time trying not to cause a ruckus, but now realize she has neglected him and was taking his money.

Deliberate or not is unknown, now that the money comes to light I wonder more and more....What should or can be done to see that Dad gets the money back for his care?


Asked on 11/21/01, 9:11 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: elder abuse

You can report this situation to the local police and/or prosecutor as adult abuse. It is doubtful, however, that the local authorities would take any action. A better course of conduct would be for the children (or any of them) to file a petition in the local probate court for a guardianship. Once a guardian is appointed, he can look into the financial transactions. However, it is likely that your father was qualified for Medicaid and in doing so the government encourages that a significant of assets be set aside for the "non-institutionalized" spouse. The Legal Aid Organization has a section called the Senior Law Project in Indianapolis and you might want to consult that agency prior to seeking a guardianship.

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Answered on 11/21/01, 12:04 pm


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