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My 80-yr-old husband with has dementia called his son, a bipolar alcoholic who self-medicates with alcohol, to come get him. I called the police to stop it. He won’t give me POA and without that, cops say I can’t stop him. Family is no help, only constant criticism. I’m done! When police are here, son and 80 yr old convince the police I am crazy one, but don’t mention that he has bipolar or is an alcoholic or even the son's nervous breakdown, No word for 12 days the son gets tired of dad so he calls with a, "Hi honey! I love you! Can I come home Friday morning?" Do I have to take the SOB BACK? My blood pressure is 200/100 and I'm on social security with no savings! I need advice! I’m disabled myself!

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You should call an elder law attorney and ask this question because the answers will probably vary by state and this is a global forum and we're not attorneys. I'm so sorry for this distressing situation... talking to an attorney will be worth the money.

I'm not sure what you think other family members can or should do in this situation. How advanced is his dementia? Is he forgetful? Annoying? Incontinent? Delusional? Abusive?

Without you being his PoA and also if he doesn't have a medical diagnosis of incapacity, you'll probably need to work with social services for your county for a solution... which seems to be that you wish to live without him because you're burnt out (and I don't blame you). You can report your situation to APS and they can come and assess the situation. At some point your husband will become a ward of the county with a court-assigned legal guardian, but that doesn't happen overnight.
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Scrosby Jul 6, 2024
I have called APS 3 times it’s a joke I talked to an attorney 40,000 I’m not burned out, I’m disabled, I’m 5’1 89 lb COPD Blood Pressure 200/100 dealing with 80 yr olds bullsh*t!!!!! He’s killing me
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Meet him at the Bank and Have him sign the POA At Bank with 2 witnesses and get On all accounts so you can Protect yourself . Also Get health care Proxy these 2 forms can be done at His Bank . If He refuses change the Locks On the door ( Do Not tell any One you did this ) Have your utilities in your Name . You Can find the documents On the internet . If he won't sign POA do Not take him Back . This is an abusive situation and primarily Your son is to Blame . You Can also get a restraining Order against the son Not to come to the House But Personally I think this is a Family Matter . I would say to the son " Next time you take him he is Not coming Home . "
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JoAnn29 Jun 22, 2024
If he has been formally diagnoised, he can't assign a POA.
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If you want him back, and please heavily consider why and if you really do, only allow it after he has a firm medical diagnosis on record and you have POA. Better yet, consider your own health and call your local Area Agency on Aging and ask for a needs assessment for yourself so you can get familiar with any options you have for help
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Scrosby Jul 6, 2024
No, I don’t want him back and I HAVE NO OPTIONS unless he dies!
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You are saying "I was his wife" signaling that this is a past relationship. I think your mind is on the right track. I think honestly the son and his dad are a good match at this point.

My partner's best friend sadly has a wife sunk now into probable LOBP (late onset bipolar) and he will in all likelihood be going now for division of finances, almost certainly on to divorce. I personally think there is dementia also, but if so it is remaining undiagnosed.
The wife has been in hospital over and over on two week holds, will not take medication, and the mania is overwhelming. For the husband, there is no other answer than separation. There are children involved, but they will not be able to handle her care ongoing and I imagine there will be state guardianship. Quite an awful situation.

You say you do not have POA. To my mind at this point that's a good thing.
I would consult a divorce attorney and begin with division of assets so that you can support yourself. Then time to consider divorce.
He has "run away" to the son. Great. The son's blood pressure will likely sustain him long enough to get guardianship and do placement. Or in his self-medicating with alcohol perhaps there's an option for them both in this. You did your best to prevent it.

There is no support out there really. I don't think guardianship even a good option. If you get stroked out, what for him? There is, as far as I can see, nothing to do but turn over care of these folks to the state. So they are left to those of us without a clue as to how they can be handled, and it often kills us.

I wish you the best, Shirley.
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Scrosby Jul 6, 2024
That is why as crewel as it sounds the best answer would be for him to die. I was 32 when I married him, he 49. I had never even heard of the word narcissist until 20 years later. He love ❤️ bombed me for 7 years and then tricked me into marrying him. He always wanted me to get pregnant during the 7 years of love 💣ing but it never happened. The night before the wedding he told me he was 13,000 in debt it was more like 20,000. 6 weeks after the wedding I found out I was pregnant! He was not happy!! He never let me parent our Son never telling him no going so far as graduating for him doing his online classes at home while Son smoked pot in driveway! Slash forward age 31 I throw Son out 4 times for alcoholism, Son moves intov(53 yr olds place) Blames me! Needless to say worships Dad! Hates Mom. 80 yr old has never once stood up to abusive family or alcoholic Son for me. Son calls 24/7 drunk calling me every name in book. 80 yr does nothing. I block Son. 80 yr old! Nobody’s gonna block my Son! So he calls Son, I call police to stop it no POA police say free to go. Sent well check out there 40 miles away told cop he has to go to dr 80 yr old says he’s not going! Called Elderly Protective Services 3 times haven’t heard a word! It’s a joke! As far as assets there aren’t any! Except 60,000 equity in a house and at this point all of that would go to attorneys fees
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Don't take him back. He needs to be in a facility. Since police said he is of sound mind then follow with that and consider him moved out since he has been out of your house for 12 days. Divorce him if necessary but just be done with him and alcoholic son. And don't get POA or any of it. Let the state take over his care.
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Scrosby Jul 6, 2024
But that’s easier said than done, how do you get the State to take over? I called Elderly abuse 3 times because the Son is not taking him to the dr never heard a word. It’s a joke! After 80 yr old got over to Sons told him I was beating him! I’m 5’1 89 lb He’s 5’ 10 140 Please!!!!
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Yes! He abandoned you. He has made his bed, now he needs to lie in it. If you share accts, get to the bank and take 50% out and put in another acct. I would not trust the son. Then see an elder lawyer about splitting assets if you want to stay married, if not, get to that divorce lawyer.
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Scrosby Jul 6, 2024
But the problem is the equity in the house is 60,000 and since he did not give me POA it could cost 40k I don’t have it
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You do not have to take him back. Good riddance to bad rubbish, as my grandmother used to say.

Others have given you good ideas about how to proceed. One of those ideas is to change the locks, which you should do right now. That is something you may be able to do yourself.

I've had rental property and tenants who left but still had keys to get in. They were going in and out of the empty unit when they shouldn't have been there anymore. The doorknobs on the back door and front doors looked identical and were simple to unscrew and take off. I switched them so the back door knob was on the front door and vice versa. Their front door key would no longer work, and neither did their back door key! They weren't smart enough to figure out that I'd switched the knobs and that they could've gotten in if only they'd used their back door key on the front door and their front door key on the back door.

If you could do this at your house, you wouldn't have to have the locks rekeyed or buy new locks. So take a look and see if that would work for you.

If it won't, it's important to rekey the locks right away. You don't need an angry bipolar husband showing up inside your home. A mobile locksmith could do this for you today. Whatever the cost, it will be well worth it.
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Do you own your home, and if so, is your husband's name on the deed?

Do you rent your home, and if so, is he listed on the lease?

You don't have to stay with him, you don't have to live with him, and you don't have to be his caregiver.

But - if the answer to either of those questions is "yes", then you cannot ***legally*** keep him from entering the house. Additionally, depending on the laws of your area regarding tenancy rights, since he was a resident of the house, you might not even be able to keep him out by, say, changing the locks (in NY, once you have established residency, usually by being able to prove you lived somewhere in excess of 30 days, changing locks to keep someone out is called an illegal eviction, and the person who changes the locks gets arrested). I don't know if Oklahoma is a "tenant friendly" state like NY and CA are. You might want to check with your local county government office what, exactly, his rights are to legally dwell in the home; they should be able to guide you with necessary next steps.

So, in answer to your question, no, you don't have to "take him back", but you might have to be the one who moves out.
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sp196902 Jun 22, 2024
Nope OP doesn't have to leave. He left. Let him and son deal with that
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You cannot just kick someone out of their legal residence. If his is the only name is on the house deed, then you're the one who will need to leave. If both of your names are on the deed, this is why you need to see an attorney. If only your name is on the deed, then you will need to go through a formal eviction process to get him out and then figure out possible divorce. His son (so not your biological son?)...if he does something to you then you can get a restraining order, otherwise the police have no jurisdiction. They have no power here unless your husband makes verbal threats of violence or gets physical with you.

If your husband comes back into the home and is delusional, you can call 911 and report that "there's something wrong with him, he's not himself, he may have a UTI and is uncooperative..." but don't tell them he has dementia since this is not considered a medical emergency. Then once in the hospital you talk to the discharge staff to tell them he's an unsafe discharge and you cannot be his caregiver due to your disability and his needs. Make sure your husband does not call his son to come get him if at all possible. Then ask to talk to a social worker at the ER/hospital to see if he can go directly into a facility and become a ward of a 3rd party court-assigned guardian. I wish you success in protecting yourself and your future.
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sp196902 Jun 22, 2024
Easier just to not let him cone back home. Let him figure out all the legal stuff while OP enjoys having the house all to herself.
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Yes, check to see how many days he needs to be gone to change locks. IMO he has abandoned you.
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Scrosby Jul 6, 2024
I know he has abandoned me but can he return what is the law
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Getting him off your property is most of the battle.Change the locks.
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Scrosby Jul 6, 2024
But what is the law about him coming back
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Add a deadbolt lock above the doorknob instead of changing the locks.
This won't solve all your problems, but maybe when you are inside, alone,
no one can enter.

It can also be used when and if husband or son has a dangerous meltdown and you need to lock them out until the police arrive.

If you go to a few domestic abuse classes, they may have some ideas to keep you safe. Or get a counselor with a specialty in domestic abuse.

Part of what you are experiencing is domestic abuse, whether or not it is due to an illness causing these behaviors.

You can do the same inside your home by putting a lock on a door to separate your living spaces.
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Scrosby Jul 6, 2024
But what I want to know is LEGALLY DO I HAVE TO TAKE THE BASTARD BACK AFTER ABANDONING ME WITHOUT POA? AT AGE 80? I WANT TO KNOW WHAT RIGHTS I HAVE? IM THE VICTIM HERE!!!!!
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Think about it:
What would your story look like if there were no adult children interfering with you and your husband? Cutting off all contact.

Can you both go to an assisted living facility together to get the help each of you need? Or bring in-home care professionals who would not further divide the two of you? Maybe take some stress off of you?

If an aging couple require help in aging and illnesses, one of the worst tragedies I have seen repeated is when destructive family members exploit the elder, taking sides, scenarios leading to horrific dramatic separations and even death. You are at that point now. (Please don't shoot the messenger!).

It is understandable if you are done, and need to protect your own health and finances. Plan this with the help of an attorney who won't treat the two of you as enemies.

Also, seek the advice of a Geriatric Care Manager right away. That fee will be better spent on behalf of each of you. The other choice would be allowing a bipolar alcoholic son to drain your finances to enhance himself and create more drama.

Think about this: If you rewrote your story to say:
"My 80 y.o. husband took a two week vacation to visit his son. I am not sure if I can continue to care for him when he comes back."

Would it be labelled as "Abandonment"?

First, get the medical help you need!
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JoAnn29 Jun 23, 2024
The OP is 65, probablynot ready for an AL.
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Nothing worse than dealing with an elder with a bumfuddled mindset. Add a relative with an untreated case of bipolar disorder and you have a battle keg of chaos.

He walked out on you, and now he wants to come home.

I would take care of myself first and foremost. For starters, get that blood pressure under control!

However, I wouldn't let them push out of my home and inconvenience yourself in all of this. Get a restraining order against that crazy son of his, and speak with an elder lawyer that specializes in affairs of the elderly. Separate your finances. Husband would have to stay parked where he is until I would get my ducks in a row and that includes taking care of my health. Your first line of defense would be making sure that you are safe and secure in all of this. That son of his sounds like a piece of work.
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Scrosby Jul 6, 2024
There several problems the Son is our Son, my husband is a covert narcissist and I never realized it until recently. My husband the 80 yr old love ❤️ bomed me for 7 years and then tricked me into marrying me. The day we got married he changed. He never once stood up for me once to his abusive family. He never let me parent our Son togother, I was 32, he 49 and 6 weeks after wedding I got pregnant, he never told Son no, he even went so far as graduating highschool for Son doing online classes at home while Son smoked pot in drive way. Long story short, Age 31, after kicking alcoholic Son out (4 times ) of our home, (been evicted from every place he’s ever lived) That’s why he worships Dad, hates me. Son 31 moves in with 53 yr old nowhere else to go ( blames me) Son starts calling drunk 24/7 so I block him. 80 yr old has always been in control and says nobody’s gonna block my Son all the while the Son is calling my house calling me his Mother drunk calling me every name in the book and my Husband who has never stood up for me a day in his life expects me to take it and by gone I’ve had enough! So it’s a power struggle! Do I have to take the 80 yr old back? He’s been over there 5 weeks, I sent over a welfare check, told the police he has 2 dr appts and he told police he was not going to go, have called Elderly Abuse 3 times cause Son is not taking him to Dr no response! It’s a joke! Went to an attorney I am on social security no savings 80 yr old was 20,000 in debt when I married him, using ice chest for ice box, carried him 32 yrs, attorney said it’s too late, u would have to hire lawyer for him, lawyer for u, judge has to determine POA could run 40,000 The equity in my house is 60,000 WHAT IN THE HELL AM I SUPPOSED TO DO? I wish the 80 yr old would die! That’s the only answer, If I am forced to take him back he can do it again plus I’m disabled I’m 89 lb 5’ 1 COPD BROKE HIP IN 3 places have Titanium in my leg, HES 5’ 10 140 expects me to be his slave all day WHILE HE DOES ABSOLUTELY NOTHING! WHILE HE WAS HERE MY BLOOD 🩸 PRESSURE WAS READING OVER 200/100 SINCE HES BEEN GONE ITS JUST STARTING TO COME DOWN! The problem is the government is making spouses and family members become nurses when they are unwilling or incapable!!!!! And SOMETHING HAS TO CHANGE!!!!!!
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Probably.

In California that's his residence and he has every legal right to come home.

Your blood pressure is in stroke territory. Call 911 or have someone get you to the ER.
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Is his name on the house deed? Then you can't kick him out of his own home.

If his name isn't on the house deed, but his mail is going to this home, then you cannot kick someone out of their legal residence.

If yours is the only name on the house deed, then you can probably evict him, but now sure how marriage laws impact any of your situation. This is why you should talk to an attorney and stop wasting time on this forum -- it's apparent it hasn't been helpful to you in this situation. We are not lawyers. Please talk to one.

The most productive solution would be for you to leave. You don't have to become his PoA. You leave and then report him to APS. He gets on their radar as a vulnerable adult. Eventually when it gets bad enough a judge will assign him a court-appointed guardian and they will place him. Then you don't have to take care of him or visit him or anything. That's how it happened for my jerk of a SFIL. He lived out the rest of his days in a dismal county NH in memory care, then long term care. I never visited him there. Then he died and it was over.

Maybe call and talk to a social worker for yourself. Tell them you don't feel safe at home when he shows up. Also he is an unsafe discharge. See what happens.
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40k for POA! Thats just a document where he assigns you. Cost maybe $550 to have done by a lawyer. I would not be his POA or guardian. What I would do if he returns, is call APS and tell them with your health you cannot care for him. He needs to be in LTC and the State taking over his care. Seems you have no assets but the house and that is an exempt asset until both of you pass. If the State takes over his care, you should be a Community spouse being able to remain in the home, have a car and get enough or all of your combined monthly income to live on.
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