What can I do in an emergency situation if I suspect elder/spousal abuse and need to prevent imminent death?
A few years ago we found her with a perfectly circular mark around her eye. He said it was trip and fall but we took her to the hospital and found Benzodiazepine in her system. Recently she had another fall which led to a broken foot and now trip to a life care center. She exhibited good mental faculties prior to the incident and surgery for her broken foot. Now she is displaying signs of dementia but it is really the side effects of the medicine. We (my daughter and I) have been monitoring her closely for the past few years and have reason to believe foul play is taking place.
The big problem is that because she is being dosed up so high in the evening time and unable to rise and conduct therapy in the morning they have cut her Medicare funding and now (per the directives of her will) will be taking her to hospice and will begin withholding vital nutrients and medical care.
It seems like she is / has been set up to fail by the staff at the facility and her husband. What are my rights (as a Son) and can/will a Judge order something be done?
2 attorney answers
If you feel that abuse of the elderly is going on, it can be investigated as a criminal charge. Contact local law enforcement to determine what your options are there. The department that handles Elder abuse is often also the one that handles child abuse.
You should have already reported this to law enforcement and have every incident well documented. The agency will conduct an investigation into what you suspect has been happening and then can forward their findings to the SAO for a charging decision. Also, consulting with an attorney would help you to understand all of your options.