Friday, February 28, 2014

Elderly Texas Man Sent to Nursing Home Pushes to Leave

An 85-year-old North Texas man said he couldn't get out of a local hospital on Wednesday. Instead of going home, he ended up in a nursing home.

Charlie Fink called FOX 4 for help Wednesday after he went into Richardson Methodist Hospital on Friday for hernia surgery and wasn't released.

Thursday, Fink was in an Arlington nursing home.

"I tried to get out of Methodist and they locked the door," said Fink. "They wouldn't even let me out."
While Fink was in the hospital, he was placed in the psychiatric unit, and the state was in court asking a Dallas County probate judge to find Fink unable to take care of himself.

In an email, the state wrote, "APS was in court yesterday concerning the well-being of Mr. Fink. APS presented the information obtained by field staff to the court. Mr. Fink did have representation present at the hearing. An Emergency Order of Protection was presented in court. A judge did make a ruling on information presented. Due to confidentiality and to protect our client, that is all the information I can release."

Fink's attorney said the state presented an anonymous referral, a doctor's affidavit to his health, concerns about his protecting himself and said that Fink had threatened case workers.

Fink's wife, Edith, was removed from their home by APS earlier this month.

Now the two, married 57 years, are together again – though, not in the place Fink wants to be because state law allows for the elderly to be removed from their home to protect them from themselves and others.

"I just don't think they should have a law like that," said Fink. "I don't know who initiated this law. I don't know how old it is, but it should not be allowed to be."    

Elderly Man Sent to Nursing Home Pushes to Leave


Thelma said...

Helped into nursing home hell?

Anonymous said...

So why wasn't Mr. Fink able to be present HIMSELF at the court hearing?

That is his legal right.

What "emergency" prevented the judge from making sure that he heard, in person or by other means of communication, from this gentleman?

This has been going on for some time, there was no emergency, and no need to enter what is in essence an ex parte order, despite the presence of counsel.

How on earth do you determine someone's mental capacity without hearing directly from that individual?

All of this is illegal under existing law, state and federal.

So what legal reforms do we need to prevent this mistreatment?

Here's the law that we need: "Adult Protective Services shall obey the law."

APS thinks it does not have to obey the law. APS thinks it IS the law.

There must be some way to cut off funds to these agencies when they behave in this way.

Anonymous said...

This makes me sick! Can a person even have minor surgery without risking his/her independence?

StandUp said...

I am absolutely outraged about this.

And I'm glad to see it receive press coverage.

Kay said...

Anonymous one, your points are all valid.

APS is too big for its britches.

B Inberg said...

Beware when an elder enters the hospital you are now prime meat for the protection industry and one phone call away from losing all your rights, your income and assets, your home and all your possessions.

This is a prime example of what is waiting for the baby boomers so wake up folks you are looking in a mirror but many of you just don't get it thinking oh that won't happen to me to that I say dream on and that's what the government wants you in the dark and in denial.

Makes me sick to see another case that keeps me awake at night yes it does knowing what I know and being wise enough to know there is so much more that we don't know.

My wish is those who did this receive misery 10 fold to you and your loved ones.

Anonymous said...

It seems we live in a country witout laws.....Makes mw wonder, why no one has ever challenged these violations in federal court, all the way to the Supreme Court, Seems to be seen, what the verdict would be,,