Can I have my father's caregiver arrested if he is a drug felon? 50 Answers as of July 02, 2013

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?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney to go to the district attorneys office with you to discuss the possibility of the district attorney filing criminal charges.
Answer Applies to: New York
Replied: 1/20/2012
Russman Law
Russman Law | Ryan Russman
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.
Answer Applies to: New Hampshire
Replied: 1/13/2012
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You should call the police so that they can investigate. Your Dad will be far more upset if you let things go and the caregiver continues to steal and commit other crimes.
Answer Applies to: California
Replied: 1/12/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
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.
Answer Applies to: Massachusetts
Replied: 1/11/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
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.
Answer Applies to: Michigan
Replied: 1/10/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If you suspect wrongdoing on the part of the caregiver, you should make a report to the local police and ask for an investigation.
    Answer Applies to: Kansas
    Replied: 1/9/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    What charge would you file?
    Answer Applies to: Texas
    Replied: 7/2/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    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.
    Answer Applies to: Texas
    Replied: 1/9/2012
    Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
    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.
    Answer Applies to: California
    Replied: 1/9/2012
    Law office of Robert D. Scott | Robert Scott
    You and/or your sister should go to Adult Protective Services and seek an Intervention Petition for an incapacitated individual, your father.
    Answer Applies to: Maryland
    Replied: 1/9/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Assume that your father will find out. You should probably go to the local police department where your father lives. Report all information which you have. Expect the police to be skeptical and ask what information you have to prove what you are alleging. Your father's safety is paramount.
    Answer Applies to: Illinois
    Replied: 1/8/2012
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/2/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Contact the police in the city where your father lives, immediately. This is a police matter, and if charges are approved, the prosecutor will become the advocate for your dad.
    Answer Applies to: Illinois
    Replied: 1/8/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    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.
    Answer Applies to: Michigan
    Replied: 1/8/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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.
    Answer Applies to: New York
    Replied: 1/8/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Once you call the police, you cannot dictate how they investigate the crime. they can upset your dad all they want. If they dont find the guns, and there is not other evidence, you will have to deal with that possibility. It is illegal for a felon to have a gun, but you never stated if you are sure the guy had a gun. Sounds like tour sister pawned them.
    Answer Applies to: Wyoming
    Replied: 1/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 1/8/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    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.
    Answer Applies to: California
    Replied: 1/7/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can go to the police station in your neighborhood and tell them what you know about the situation. They may decide to investigate the matter. They will usually call the person and ask them about your allegations. They may speak to your father. You will not be able to proceed without him being involved. She does not sound like the person to trust around your father, guns, or drugs. Drug addicts will lie, cheat, steal, or even kill to get drugs.They cannot be trusted under any circumstances, especially heroin addicts and crack heads.
    Answer Applies to: New York
    Replied: 1/7/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Call law enforcement. They will know how best to handle this situation.
    Answer Applies to: Washington
    Replied: 1/7/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    You call the sheriff department and talk to a detective.
    Answer Applies to: Louisiana
    Replied: 1/7/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Contact your local law enforcement agency and report to them what has happened. they should investigate the situation and take appropriate actions. There may be no way to avoid upsetting your father in this matter.
    Answer Applies to: Alabama
    Replied: 1/7/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    A felon cannot possess firearms unless he or she has had gun rights restored. Further, if your father is not competent to make decisions (possible if he has Alzheimer's), then negotiating to buy the guns might have been a theft offense of some sort. The facts you give are a basis to suspect other thefts, as well. You can go to the police, and they will investigate and are likely to arrest if they can verify the gun possession. There isn't much you can do to avoid trauma to your father, however. The police may be sensitive to your father, or to you, but, on the other hand maybe they won't.
    Answer Applies to: Oregon
    Replied: 1/7/2012
    Wendy Earle, Law | Wendy Jordan Earle
    You might want to think about filing a police report. If the prosecutor's office finds probable cause they will press charges.
    Answer Applies to: Idaho
    Replied: 1/7/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may certainly report the conduct to police. If it is not considered criminal, it may certainly be a basis for a lawsuit against the care provider.
    Answer Applies to: Minnesota
    Replied: 1/7/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    You should immediately call the police and report it or call the County Attorneys office directly if you don't get anywhere with the police.
    Answer Applies to: Arizona
    Replied: 1/7/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If you suspect she has stolen from you dad, you can make a report to the police or sheriff's department.
    Answer Applies to: Georgia
    Replied: 1/6/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    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.
    Answer Applies to: Texas
    Replied: 1/6/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You can make a complaint to the law enforcement agency in your father's jurisdiction. They will investigate your report and decide whether there is sufficient evidence to charge criminally. The caregiver may be subject to limitations on her right to possess firearms. Include this information in your complaint.
    Answer Applies to: Minnesota
    Replied: 1/6/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    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.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    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.
    Answer Applies to: New York
    Replied: 1/6/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    I would contact the police immediately.
    Answer Applies to: Wisconsin
    Replied: 1/6/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Go to your local law enforcement agency and tell them that your dad is being subjected to "financial elder abuse". They will investigate. They will also be investigation the possibility that a convicted felon is possessing guns. That is a felony by itself.
    Answer Applies to: California
    Replied: 1/6/2012
    John P Yetter | John Yetter
    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.
    Answer Applies to: Illinois
    Replied: 1/6/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    It may be possible to have the caregiver arrested for possession of a firearm by a convicted felon, among other things. You need to take your information to the police and file a report, so they can get an investigation started. Explain to them your concerns about your father and his condition.
    Answer Applies to: Georgia
    Replied: 1/6/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    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.
    Answer Applies to: California
    Replied: 1/6/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Time to call the police.
    Answer Applies to: California
    Replied: 1/6/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    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.
    Answer Applies to: Massachusetts
    Replied: 1/6/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You need to call the police ASAP! Those guns are probably in the hands of druggies and criminals. If the guns can be recovered, i.e. found, you can void the sale as a fraudulent transfer. It sounds like your sister has her own drug problems. You need to hire an estate/probate/guardianship lawyer and get yourself appointed as your dad's guardian. Then you will have the authority to undo what your sister and her druggie friend have undoubtedly done.
    Answer Applies to: Washington
    Replied: 1/6/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Arrests can only be made by the police department so your first step would be contacting them and filing a complaint. It is doubtful that it won't involve your father as he is the one who has permission and authority to give or sell the items. If your sister has POA and claims that the worker has permission and authority to take or buy these items then it is doubtful the police will press charges.
    Answer Applies to: New York
    Replied: 1/6/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    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.
    Answer Applies to: Massachusetts
    Replied: 1/6/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Obviously if a crime has been committed, call your local Police.
    Answer Applies to: Michigan
    Replied: 1/6/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I would call the police. Clearly your Dad cannot consent to the transfer of the weapons, and her possession is illegal since she is a convicted felon.
    Answer Applies to: Nebraska
    Replied: 1/6/2012
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    I highly recommend you call the local law enforcement and Adult Protective Services.
    Answer Applies to: California
    Replied: 1/6/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You can surely call the police department and file a report. If an investigation takes place, he could be facing charges of violating his parole, abuse of an elderly person and other crimes.
    Answer Applies to: California
    Replied: 1/6/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    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!
    Answer Applies to: Colorado
    Replied: 1/6/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    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.
    Answer Applies to: Florida
    Replied: 1/6/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You intend to have the caretaker arrested, and not have your dad questioned about what may have occurred? That is probably not going to happen. Before the caretaker is arrested, your father will be questioned, and documents will need to be provided, and IF your father in a lucid condition indicates that he sold the entire collection for 30, then that will be the end of the case.
    Answer Applies to: Georgia
    Replied: 1/6/2012
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