County Courts of Lubbock County: Revoke the order of guardianship
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My grandfather was placed into a nursing home against his will. He believed he was just going to tour the facility, only the doors locked behind him. What he was not aware of, my uncle had set in motion a series of events to imprison my grandfather and take control of his estate. My uncle called my mother, telling her that ‘he wanted something out of it’, that he ‘had not been paid for a long time’ for helping his father with his finances. He is afraid that my grandfather will spend his own money, leaving nothing left to inherit. He was able to find a doctor to diagnose my grandfather with dementia without a thorough evaluation, the diagnosis made in record time of one hour. My uncle also made another disturbing statement that left several people listening stunned, telling my mother that if my grandfather manages to leave the nursing home, my uncle is going to walk away entirely, only wanting to be notified of the funeral. My grandfather remained on lock-down, and we tried everything we could to help him. Everything we brought him was confiscated and given to my uncle. My grandfather even had to borrow another resident’s glasses to see. After my uncle disconnected his cell phone, a friend smuggled one in that my grandfather hid under his shirt. My uncle banned the only family helping him from ever talking or seeing him again. That included my mother, who has terminal cancer that spread from the breast to the bone.
It took bringing in an Ombudsman to loosen the control my uncle had over my grandfather. He revoked my uncle’s power of attorney, which the nursing home acknowledged. He requested to be released from lock-down, and moved to a ‘free’ room in the facility so he could recover from recent surgery, allowing us time to set up a program and care plan for him to live with us at home. This request was also honored. We were able to provide him with clothing, eyeglasses, walking canes and other comforts, something my uncle claims the reason he didn’t ever do was because they had to be labeled with his name. We labeled them all in a matter of 30 minutes, something my uncle couldn’t do in a matter of weeks. My grandfather announced he was transferring power of attorney to me, which the nursing home acknowledged, with the Ombudsman as a witness. He also demanded to have an impartial expert in dementia evaluate him, as his cardiologist believes the diagnosis of dementia is a grave error. I requested a neurologist to come in as well, to assess the risks of stroke, since the diagnosis of dementia raises concerns of the occurrence of a stroke, something the nursing home staff, including my uncle, felt that was of little concern. My grandfather told them, he was going to stay to recover from having a stint placed in his carotid artery, then he was going to come home to live with my mother and me, in the family home to be there for his daughter as she fights the cancer ravaging her body, living the rest of his years in the very home, surrounded by family, just as my grandmother had.
We went before a notary, signing the revocation forms and reassignment of power of attorney to me. The moment my uncle became aware my grandfather was gaining control of his own money and investments, my uncle went before a county court to declare my grandfather has no guardian, and obtained an order for emergency temporary guardianship. Suddenly, my grandfather was stripped of all access to his accounts and investments just as we were finding discrepancies. He discovered that at one facility where he has investments in precious metals stored, his son tried claiming sole ownership, taking it for himself. The owner refused, and also informed my grandfather that my uncle had accessed the lockboxes alone in June and twice in December, while my grandfather was on lock-down in the nursing home. Thankfully, we were able to freeze all access to those boxes until the situation is resolved. My grandfather also found out that two substantial CDs were cashed, the money not accounted for.
There is a hearing coming up on January 24th, where further action will be decided. Dr. Williams does not recognize his son having any authority over him. Dr. Williams wants an impartial second opinion, to be seen by an expert in dementia not influenced by his son, a neurologist to assess the risk of strokes, and a psychologist that is of his choosing. Dr. Williams wants an inventory of all his accounts and assets, as well as an audit of all deposits made into his son’s accounts. He wants the CDs that were cashed by his son accounted for, as well as any sales of gold and silver. Dr. Williams requests that his voice be heard, as well as those of close family and friends. Dr. Williams requests to see all papers signed by him granting powers to his son, including the ‘changes’ his son reports being made to the will weeks before his son committed him to the nursing home. Dr. Williams also requests that his son be seen ineligible to be a guardian upon submitting a background check; not having his best interests and wishes in mind by going against all verbal agreements; his libelous claims to gain the temporary order; and by the history of his actions in not being actively involved in seeking full and proper health care for Dr. Williams, but rather focused on confirming a diagnosis of dementia, clearly showing a motive of financial gain by having guardianship.
It is important to note that my uncle does visit the nursing home, though just to talk to doctors and staff, never to visit my grandfather. My grandfather has five grandchildren who he has been there for, of which only one calls and visits him, and that would be me. It is also of importance to share that his nurses and regular doctors consider him of sound mind.
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