Can I have my father's caregiver arrested if he is a drug felon?

Question

I have just learned that my Dad's caregiver is a convicted drug felon hired by my sister who is his POA.  Dad's massive gun collection (valued in the thousands) is missing and the caregiver has informed me that Dad sold it to her for $30. She claims other things that are "missing" were either stolen by someone while she was not there or that my 85 year old dying father (kidney cancer) with Alzheimer gave them to her. There are 2 loaded guns in the house and she dispenses his many medications including methodone which he takes because he was addicted to pain killers. Can I have the caregiver arrested and if so how do I go about doing this without involving my Dad to avoid upset?

Jules N. Fiani · Answer

Yes.

Ryan L. Russman · Answer

There is no way to avoid having your dad be involved.  A felony cannot be in possession of any firearms.  I would contact the local police and have them investigate.

Gregory Casale · Answer

Contact the local police and the local district attorney's office. It sounds like a horrible abuse of the elderly. There are specific crimes for abuse of the elderly or disabled.

Michael J. Breczinski · Answer

A convicted felon is prohibited from owning guns unless they have had their rights restored. Also she is stealing form your father. Talk to the polcie about this and you may have to go to probate court and get your sister removed from being in charge, she is not doing a good job.

Cynthia Henley · Answer

Can't you and your sibling come an agreement to fire this person immediately - take her key and trespass warn bar and not let her take anything out of the house with her?  That would be best.

James H. Dippery · Answer

An ex-felon is not supposed to own, possess, or have control over firearms. Contact local law enforcement, tell them what happened, and arrange a 'sting' operation to get the caregiver to acknowledge possession and where they are now.

Steven D. Dunnings · Answer

Have you talked to your sister about this? You can file a complaint with the police, but if there is no direct evidence to support your claims, there is little to nothing the police will do. You can try to file a petition to have a guardian appointed to replace your sister. If items claim to have been stolen by the provider, why hasn't it been reported to the police? Does this person work out of an agency or is she independent. If with an agency, file a complaint with them and inquire why they would hire a convicted felon.

Jared Altman · Answer

What you really need to do is get rid of this caregiver. It is really your sister's problem if she is running things. Get her involved.

Stephen Freeborn · Answer

I am not sure that you have indicated that a crime was committed.  Just because the caregiver is a convicted felon, does not mean a crime has been committed.  A convicted felon is probably not the wisest choice to have as a care giver.  It sounds to me like there could be other issues, like whether this person is giving the appropriate care or is possibly trying to take advantage of the situation.  My advice is that you retain an attorney who specializes in guardianship law and elder law.

Dennis Roberts · Answer

I don't see how you can avoid involving dad since he will have to testify about the guns. Best would be if you can have her say he sold her the guns for $30 or  whatever in front of another person who can be a witness. Then go to the local  cops and tell them this ex-felon has "purchased" guns. I bet if they go to her house with a warrant they will find ALL the guns.

James Schoenberger · Answer

Call law enforcement. They will know how best to handle this situation.

Michael Garber · Answer

You call the sheriff department and talk to a detective.

Wendy Jordan Earle · Answer

You might want to think about filing a police report. If the prosecutor's office finds probable cause they will press charges.

Mark R. Thiessen · Answer

You need to contact a probate attorney and freeze all of his assets.  I would also see if you can explain to your Dad what is going on and get permission from him to remove everything out of the house into a secured facility.  If they get permission to buy a collection for $30, why can't you get permission to move it all out.  You are going to need a civil plaintiff's lawyer to sue the caregiver. Start documenting everything like you are presenting the case to the jury and call a civil lawyer and a probate lawyer.

Stacey Selleck · Answer

I would contact the police and file a police report in regard to the things you are alleging.  The police will then have an opportunity to investigate this to determine if there is probable cause to arrest the caregiver.  If your father has a POA that is making his financial decisions for him because he is no longer competent to do so then your father does not really have to power to sell his assets anymore and the caregiver may have to return them.

Michael Palumbo · Answer

I have no idea how you can do anything without involving or upsetting your dad, however the bigger problem is that your sister hired a caregiver that is a felon and there are loaded guns in the home. Further, your dad has Alzheimer's. What if he gets the gun and it goes off? Your first concern should be for the immediate safety of your dad and you should be acting with all due diligence to remove the loaded guns from the home, as they pose an imminent public safety risk. "Upsetting" dad or not, I would immediately go to your local police department and request their help in removing and securing those weapons.

Ronnie Vargas · Answer

I would contact the police immediately.

John Patrick Yetter · Answer

Any and all arrests in Illinois are handled by the police.  Charges are made by the State's Attorney of each county or the Attorney General of Illinois.  You should contact those agencies, in that order, if you believe that your father is the victim of a crime.

Mark Bruce · Answer

Time to call the police.

David Ayer · Answer

You should swear out a criminal complaint with the police as this felon is may be prohibited from possessing a firearm (depending on your state) and there is a strong chance larceny has been committed. In addition, you should retain a civil litigation attorney to sue for the return of the property based on breach of fiduciary duty, undue influence, fraud, conversion and other grounds.

Thomas Tomko · Answer

If you are truly concerned, you should contact the local police and explain the situation.  Then it can be investigated and the police can determine whether to go forward with charges by consulting with the prosecutor.    It is in the discretion of the police to arrest someone or to move forward with charges.  I hope that this was helpful.

Todd Landgren · Answer

Call or contact the police in your Dad's area immediately! This sounds like elder abuse and the police should investigate this immediately! Also, you may want to think about being a conservator for your father so you can make the decisions and protect his property.

Harley Gutin · Answer

You can file a complaint with law enforcement.  It sounds that you probably have a good case for some type of fraud on the elderly charge.  I don't know that you can do it without involving your father to some extent.  At least so law enforcement would know he has Alzheimer's and to what extent it affects him.

Timothy Klisz · Answer

Obviously if a crime has been committed, call your local Police.

Susan Correia-Champa · Answer

I suggest you contact the police department and report the stolen items,   then I would contact the department of elder services.  If you believe that   your sister is not caring for your father, I suggest you file a petition in   court to be appointed guardian in order to ensure for your father's care  and  well being.    I would suggest you contact an attorney immediately.

Kevin Ellmann · Answer

You can certainly make a report about this to law enforcement so that they can initiate an investigation into the actions of the caregiver.  You are a witness and would need to provide as much information as you can so that they can follow-up with an investigation.  Good luck in protecting your Father!

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Can I have my father's caregiver arrested if he is a drug felon?

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