Here is some information and questions about the abusive behavior we have been dealing with...........
Would an 80 year-old uncle, (who has always lived on a 35' sailboat) by literally insisting his 80 year-old twin brother (my dad) who had a stroke several years ago, is unsteady on his feet and diagnosed with vascular dementia and subsequently totally dependent on his brother to handle his financial affairs, has no choice or option except to buy and live by himself on a 34' - 15 year old fishing trawler he will obviously never be able to learn to use as such, or use the lavatory and shower on-board and must always walk to use the public ones nearby instead, is heated only by a small electric space heater, has no working stove or refrigerator and on which he also recently slipped and fell getting on and off of the boat, breaking the same hip replaced years before, and is presently in a convalescent facility, heavily medicated, in tremendous amount of pain, recuperating from surgery, can't walk anymore at all and may possibly be unable to ever walk again, etc., etc., be considered "elder abuse"? Criminal Negligence?
For example:
Criminal Negligence is an act of which the person (UNCLE JOE) had actual, subjective awareness of the risk involved (BROTHER 80/DEMENTIA), but nevertheless proceeds (BOUGHT MY FATHER A BOAT) with conscious indifference (LIKES BOATS/NOT BROTHER/ALWAYS ALSO WANTED TO BUY A TRAWLER HIMSELF) to the welfare of another (BROTHER) and just shy of being (NOT 'SHY', TO ME IS) intentionally evil. The "actual awareness" element requires evidence (JOE DEFINITELY KNOWS BOATS) that "the individual (JOE) knew about the peril (MY DAD EASILY SLIP & FALL), but by his (JOE'S) acts or omissions (SHOUTING, SWEARING, EVERYTHING ELSE) demonstrated he did not care."
The distinction between recklessness and criminal negligence lies in the presence or absence of foresight (KNEW BROTHER 80 YEARS OLD, DEMENTIA, UNSTEADY ON FEET) as to the prohibited or possibly fatal consequences (BREAK HIP, DROWN, DIE) where the individual (JOE) knowingly exposes (BUY BOAT FOR) another (BROTHER) to the risk of injury (BREAK BONES) or death (DROWN, DIE). The fault lies in being willing to run the risk. (OF MY FATHER SLIPPING, FALLING, BREAKING BONES OR HIP, POSSIBLY DROWNING, DYING & POSSIBLY EARLIER THAN HE WOULD HAVE IF HAD NOT BROKEN HIS HIP)
In some cases the failure can rise to the level of willful blindness ("CHERYL" TOLD JOE TO BUY BROTHER A BOAT"/ALL HER FAULT) where the individual (JOE) intentionally avoids adverting (LIES) to the reality of a situation. (DENY HE IS GUILTY/RESPONSIBLE FOR MY DAD'S POSSIBLY FATAL ACCIDENT/FALLING, PRESENT SITUATION & POSSIBLY EARLY DEATH, FATHER IS ALSO CALLED "CLUMSY IDIOT' FOR FALLING) The accused (JOE) is a social danger (SELFISH, SELF-ABSORBED, AMORAL) because he (JOE) has endangered the safety of another (HIS BROTHER) in circumstances where any reasonable person (6TH GRADE EDUCATION) would have foreseen (BOAT SLIPPERY, BLACK ICE OFTEN ON DOCKS IN WINTER) the injury (SLIPPING, FALLING, DROWNING, DYING) and taken preventive measures (NEVER BOUGHT BROTHER A STUPID 15 YEAR-OLD FISHING TRAWLER TO LIVE ON). "Res ipsa loquitur" (the thing speaks for itself) meaning (JOE IS A "JERK") that such an accident (SLIPPED/FELL) or injury (BROKEN HIP) to another (MY FATHER), could not have occurred (HAPPENED NOW) unless there was negligence (BOUGHT STUPID BOAT AND REGARDLESS OF THE FACT HIS BROTHER COULD EASILY AFFORD TO LIVE ALMOST ANYWHERE HE WANTED TO) by the person (JOE) having control (HAS HIS FINANCIAL RECORDS, PAPERS, ETC., IS TOTALLY DEPENDENT ON BROTHER TO HELP HIM PAY BILLS DUE TO PREVIOUS STROKE/VASCULAR DEMENTIA, ETC.) over the victim. (MY FATHER)
Now that my dad is in a convalescent facility in rehab as a result of his accident and from living in such a ridiculously unsafe environment, my 80 year-old uncle (who also happens to have arthritis, neuropathy in both feet, severe GERD and is practically blind from macular degeneration, can barely see out of only one eye and is apparently still stubbornly continuing to drive regardless of the obvious danger he poses to himself and other drivers and scheduled for knee surgery next month), is presently "holed up" in a marina behind a locked gate on his boat and refusing to explain why he will not relinquish any of my father's mail, checkbook, personal financial, medical and other important records and papers to anyone including me, my Mother, Father, cousins or anyone else. The only reason he gives for doing this is that he "doesn't give an FU*% about what anyone wants", or "an FU*%" about my dad, me, my mom or anyone else" and "going to do whatever he FU*%ing wants to." And my uncle has also been acting this erratically, swearing, shouting and saying things like this and many more unusually cruel and hurtful things on and off now for the past 5 months directly to my father in person and by email and over the phone to my mother and me and a few other people since July 22nd.
Any suggestions as to how to get not only my father's personal papers, etc. back from my uncle, but to also put him in a position where he will be confronted, held responsible and finally have to explain and justify his actions, would be deeply appreciated. In addition, as a result of my uncle's extremely erratic, abusive and unconscionable behavior and everything we have been through for the past 5 months, we feel my uncle obviously can no longer be trusted anymore in any regard, aspect or situation. We would however like to see him get some "help" if needed. Until he does, neither my mother, father or I wish to see or have anything further to do with my uncle and definitely wish for him to be "removed" from our lives as soon as possible by any legal means necessary which could be used to successfully and quickly accomplish this.
Thank you.
Would an 80 year-old uncle, (who has always lived on a 35' sailboat) by literally insisting his 80 year-old twin brother (my dad) who had a stroke several years ago, is unsteady on his feet and diagnosed with vascular dementia and subsequently totally dependent on his brother to handle his financial affairs, has no choice or option except to buy and live by himself on a 34' - 15 year old fishing trawler he will obviously never be able to learn to use as such, or use the lavatory and shower on-board and must always walk to use the public ones nearby instead, is heated only by a small electric space heater, has no working stove or refrigerator and on which he also recently slipped and fell getting on and off of the boat, breaking the same hip replaced years before, and is presently in a convalescent facility, heavily medicated, in tremendous amount of pain, recuperating from surgery, can't walk anymore at all and may possibly be unable to ever walk again, etc., etc., be considered "elder abuse"? Criminal Negligence?
For example:
Criminal Negligence is an act of which the person (UNCLE JOE) had actual, subjective awareness of the risk involved (BROTHER 80/DEMENTIA), but nevertheless proceeds (BOUGHT MY FATHER A BOAT) with conscious indifference (LIKES BOATS/NOT BROTHER/ALWAYS ALSO WANTED TO BUY A TRAWLER HIMSELF) to the welfare of another (BROTHER) and just shy of being (NOT 'SHY', TO ME IS) intentionally evil. The "actual awareness" element requires evidence (JOE DEFINITELY KNOWS BOATS) that "the individual (JOE) knew about the peril (MY DAD EASILY SLIP & FALL), but by his (JOE'S) acts or omissions (SHOUTING, SWEARING, EVERYTHING ELSE) demonstrated he did not care."
The distinction between recklessness and criminal negligence lies in the presence or absence of foresight (KNEW BROTHER 80 YEARS OLD, DEMENTIA, UNSTEADY ON FEET) as to the prohibited or possibly fatal consequences (BREAK HIP, DROWN, DIE) where the individual (JOE) knowingly exposes (BUY BOAT FOR) another (BROTHER) to the risk of injury (BREAK BONES) or death (DROWN, DIE). The fault lies in being willing to run the risk. (OF MY FATHER SLIPPING, FALLING, BREAKING BONES OR HIP, POSSIBLY DROWNING, DYING & POSSIBLY EARLIER THAN HE WOULD HAVE IF HAD NOT BROKEN HIS HIP)
In some cases the failure can rise to the level of willful blindness ("CHERYL" TOLD JOE TO BUY BROTHER A BOAT"/ALL HER FAULT) where the individual (JOE) intentionally avoids adverting (LIES) to the reality of a situation. (DENY HE IS GUILTY/RESPONSIBLE FOR MY DAD'S POSSIBLY FATAL ACCIDENT/FALLING, PRESENT SITUATION & POSSIBLY EARLY DEATH, FATHER IS ALSO CALLED "CLUMSY IDIOT' FOR FALLING) The accused (JOE) is a social danger (SELFISH, SELF-ABSORBED, AMORAL) because he (JOE) has endangered the safety of another (HIS BROTHER) in circumstances where any reasonable person (6TH GRADE EDUCATION) would have foreseen (BOAT SLIPPERY, BLACK ICE OFTEN ON DOCKS IN WINTER) the injury (SLIPPING, FALLING, DROWNING, DYING) and taken preventive measures (NEVER BOUGHT BROTHER A STUPID 15 YEAR-OLD FISHING TRAWLER TO LIVE ON). "Res ipsa loquitur" (the thing speaks for itself) meaning (JOE IS A "JERK") that such an accident (SLIPPED/FELL) or injury (BROKEN HIP) to another (MY FATHER), could not have occurred (HAPPENED NOW) unless there was negligence (BOUGHT STUPID BOAT AND REGARDLESS OF THE FACT HIS BROTHER COULD EASILY AFFORD TO LIVE ALMOST ANYWHERE HE WANTED TO) by the person (JOE) having control (HAS HIS FINANCIAL RECORDS, PAPERS, ETC., IS TOTALLY DEPENDENT ON BROTHER TO HELP HIM PAY BILLS DUE TO PREVIOUS STROKE/VASCULAR DEMENTIA, ETC.) over the victim. (MY FATHER)
Now that my dad is in a convalescent facility in rehab as a result of his accident and from living in such a ridiculously unsafe environment, my 80 year-old uncle (who also happens to have arthritis, neuropathy in both feet, severe GERD and is practically blind from macular degeneration, can barely see out of only one eye and is apparently still stubbornly continuing to drive regardless of the obvious danger he poses to himself and other drivers and scheduled for knee surgery next month), is presently "holed up" in a marina behind a locked gate on his boat and refusing to explain why he will not relinquish any of my father's mail, checkbook, personal financial, medical and other important records and papers to anyone including me, my Mother, Father, cousins or anyone else. The only reason he gives for doing this is that he "doesn't give an FU*% about what anyone wants", or "an FU*%" about my dad, me, my mom or anyone else" and "going to do whatever he FU*%ing wants to." And my uncle has also been acting this erratically, swearing, shouting and saying things like this and many more unusually cruel and hurtful things on and off now for the past 5 months directly to my father in person and by email and over the phone to my mother and me and a few other people since July 22nd.
Any suggestions as to how to get not only my father's personal papers, etc. back from my uncle, but to also put him in a position where he will be confronted, held responsible and finally have to explain and justify his actions, would be deeply appreciated. In addition, as a result of my uncle's extremely erratic, abusive and unconscionable behavior and everything we have been through for the past 5 months, we feel my uncle obviously can no longer be trusted anymore in any regard, aspect or situation. We would however like to see him get some "help" if needed. Until he does, neither my mother, father or I wish to see or have anything further to do with my uncle and definitely wish for him to be "removed" from our lives as soon as possible by any legal means necessary which could be used to successfully and quickly accomplish this.
Thank you.
