His son has applied to be conservator and has put him in a lock down memory care facility. 76-year-old was only allowed to attend hearing virtually. He did not get to choose an attorney but instead had a court appointed lawyer that said very little and had not taken the time to prepare. The senior had difficulty hearing virtually, could not answer questions and had no support from his assigned lawyer. His youngest son and daughter were assigned to be conservator and guardian. 76 year old has had a very volatile relationship with the assigned son and does not want him to be conservator. Can he hire his own attorney and contest the conservatorship given to the son?
I understand that you plead it was on zoom and he couldn't hear and so on, but he DID have a court appointed attorney (apparently chose NOT TO GET HIS OWN), and the judge did make a judgement.
I am sorry, but it looks as thought this is done.
If this person is already residing in such a place, you can be sure he belongs there.
As for the legal aspect, I doubt that any attorney would find anything positive about taking such a case.
My Dad was in Memory Care and he was able to move about the building all day long, just couldn't go outside unless he was with a friend/relative or a Staff member.
At night, the Memory Care floor stopped the elevator at a certain time. It was usable but only to Staff and visitors using a code. Dad could still roam about the floor going to the various living rooms to watch TV or talk to other residents. Dad liked that the building was secure at night.
For a Judge to make the ruling of incompetence, its not just based on what he sees virtually. This man probably had to be seen by a Neurologist to have him declared incompetent maybe more than one. His PCP may have had to sign off. Tests would have had to be available for Judge to review.
To place him into Memory Care he also was evaluated. Dementia does not get better it worsens. The son is making no money off this. All this man's money is going for his care. As a Conservator the son has to report to the State how the money is being handled. This son may have done a good thing for his father. Keeping him safe.
A "lock down" memory care assisted living facility keeps their doors locked so residents don't elope....or run off and get lost, which is common with dementia.
Confabulation is another good definition to learn about with dementia. It's when the dementia patient makes up false memories, believing them to be true.
They often Showtime to others also, acting as though they're perfectly fine while in reality, they aren't. My mother made SUCH great small talk, telling you how pretty you looked and asking after the family (not having a clue WHO the family was), that she fooled even some doctors, until they looked a bit deeper.
Memory Care Assisted Living is not a punishment or a jail sentence, but a safe haven where the residents are cared for and given activities and socialization unavailable to them elsewhere. My mother's MC even had a large outdoor garden she had access to at any time, unaccompanied.
Whoever you are to this person, you don't know the full story of what's gone on. Only what you've been told by an elder who's not happy to have dementia or be told his son now has conservatorship for him. Your best bet is to just listen and commiserate, w/o trying to undo what's been done for this gentleman. Those of us with parents who suffer from dementia aren't ogres, but people who want a safe and hygeinic environment for them where they're properly fed, bathed, given meds, seen by doctors, and given socialization with others.