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    is this kidnapping?

    My brother is in a nursing home in Texas and I have the power of attorney. If a relative removes him for a visit, and fails to return him to the nursing home within the 3-day limit, can that person be prosecuted? If so on what charge?

    0  Views: 361 Answers: 2 Posted: 12 years ago

    2 Answers

    Did he go willingly? Was he harmed? Was he forced to stay, when he wanted to leave? Did the person return him to the nursing home? Many people are put in homes and forgotten. You want what? revenge, because you were not asked? Your brother has 40  rights regardless of who has power of attorney. You are the one infringing on his rights.He might not be able to handle his affairs, or take care of his personal hygiene. He did not lose his right to visit. He is not your property.


    Talk to the relative and nicely explain their are nursing home rules that must be followed. It was a blessing someone cared enough to take him for a visit. If you dislike this relative, get over it for the greater good of your brother's welfare.


    You did not state he was neglected, or abused. Sounds like he had a nice visit. Your mad and willing to press charges on family member that cares. You have a power problem. He is not a tool for you to use, or control. You need to be careful you do not lose the power of attorney, that can easily be taken away.

    What does your brother want?  Unless he is incompentant and been certified that way, he still has power over his own life and where he live.  If the person who he is visiting is willing to care for him for a while, why do you get angry?  Is there money involved? 


    My cousin broke her mother's will and declared her brother incompentant.  He is not.  She then took the home he was left and thru him out and sold it.  She kept the money.  What are your motives?



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