Alzheimer's patient ordered to mental hospital

[JayS]

June 11, 2004, 10:35AM
Alzheimer's patient ordered to mental hospital
Family, lawyers can't keep him from driving
Associated Press
http://www.chron.com/cs/CDA/ssistory.mpl/nation/2622176


FORT LAUDERDALE, Fla. -- A man who has Alzheimer's disease was ordered locked up at a mental hospital for criminals after he continued to drive despite a judge's order to stop. The man thinks he's a salesman and wants to go to work, his lawyer says.

Albert Brenner, 75, was being held without bond at the Broward County Jail while waiting for space at the hospital. He has previously been ordered to give up his driver's license and car keys, and the man's family and lawyers have tried to keep him from driving.

Judge Geoffrey D. Cohen said in his order Wednesday that Brenner should be held at the hospital until his mental health can be "restored," enabling him to be tried on battery charges.

*SNIP*

Cohen initially ordered Brenner not to drive as a condition of being released from jail after he was arrested twice in 2002 on battery charges involving his companion, Irene Kaplan, then 86.

*SNIP*

Despite efforts to get him to stop driving, Brenner continues because he believes he is a salesman of '70s-era rotary telephones, another lawyer, Betsy Benson, said. Friends, lawyers and family members have been unable to convince him that he no longer has to drive to work.

[joeybee12]

1. Ok, my mother died last month from Alzheimer's, so I feel I can comment...

...the guy's mental capacity will not be "restored" as the judge noted. This judge seems totally unaware of what Alzheimer's is, or he would not be locking him up as a criminal.

And yes, he probably is a danger. Either the guy needs 24x7 help at home, which is probably too expensive, or he needs to be in some sort of facility where he can be watched, but not one for criminals. The article is too short to understand what kind of medication he's on. My mother sometimes often got irrational, and what helped was anti-anxiety (NOT anti-depressant drugs). Seems like if this guy was on them, he wouldn't care that he wasn't getting to work. As I noted, the article is very short--would have been nice to know what the guy's dcotor said at the trial.

[JayS]

2. I'll try and find more info on this case.

I am betting that it will be in JAMA soon. I'm sorry about your mom also; I know that must have been rough.

I agree that if the guy needs to be locked up, it should not be with a bunch of criminals. Maybe if he had already been convicted of battery, but not before.

Here is what his lawyer said:

His lawyer said Brenner's ability to reason can never be improved. Alzheimer's causes a deterioration of mental ability and worsens over time. Former President Reagan, who died Saturday, had the disease, and the Alzheimer's Association says it afflicts 4.5 million Americans

[joeybee12]

4. Thanks

You know, the lawyer sounds more learned about the subject than the judge, which probably isn't a surprise.

I also have to wonder what the family has done to keep the guy from driving. I knwo of people who have had interventions and have had to tell the person falt-out that he she is not going to drive anymore, and have taken away the keys. It's probably the only way in a case like this, and the family is obviously reluctant to do that.

[TexasMexican]

3. Why dont they just take away his keys...

:shrug:

[Liberal Classic]

5. My uncle and grandfather

Got in an honest to goodness fist fight over the issue.

I do wonder who in the family has medical power of attorney.

[RoeBear]

6. "who in the family has medical power of attorney"

I don't think that would have any effect, the grandfatner would still be in control of his own decisions, at least while consious.

I think someone would have to be apointted as guardian to be able to, for example, sell his car against his will.

[joeybee12]

7. Not sure, but I think power of attorney would do it....

...when it was clear to my mother a couple years back that she was going downhill, they made my father power of attorney. You can pretty much sign for that person in anything.

[RoeBear]

9. Medical power of attorney isn't...

...the same as power of attorney.

[Liberal Classic]

10. Thank you for the correction

I should have asked does a member of his family have guardianship?

I think I must be assuming that he has already been declared incompetent. If he is not, then I think it is overdue.

[Liberal Classic]

11. I think the difference is

Powers of attorney must be granted while still of sound mind. Guardians are appointed by family courts.

[slackmaster]

8. Very sad story

I hope Mr. Brenner's caregivers can get control of his behavior so he can regain some of his freedom.

[Liberal Classic]

12. As someone who cares for an alzheimer's patient

It is unlikely that his condition will improve. In all likelihood, his condition will steatily degrade over time. During the middle-ish stages is when alzheimer's patients are the most unpredictable and difficult to manage. They are still physically functional, yet mentally in a world of their own.

I have mixed feelings of pity for the family, and anger that the keys haven't been dealt with before now.

[slackmaster]

13. My grandmother has early-stage Alzheimer's

She's 96 years old and living in an assisted-care facility with one of her children just a few miles away. She also has heart trouble, and has good days and bad days in a lot of ways. We're trying to keep her last days as comfortable as possible.

Her physical health is a mixed blessing. She stopped driving and gave up her car 15 years ago voluntarily (whew!), and is too weak to wander very far. But she's very stubborn and cantankerous. She lost some money to a shady stock broker who made inappropriate investments but it's hard for her kids to protect her because she still thinks of them as children (the oldest is 69). :eyes:

My mom keeps telling me "If my mind starts to go, you and your brother must INSIST that you take control of my finances and don't take any crap from me." It's nice of her to say that, but I doubt things will go smoothly if that time ever comes.

[Liberal Classic]

14. All too familiar situation

With which I totally empathize. My grandparent's banker was using money from my grandparent's estate to pay lawyer fees incurred from using their attorneys in legal action against my parents. The bank was trying to strip guardianship of my grandparents from my parents. Incidentially, the lawyers they were paying were the same ones who drew up the will and trust for my grandparents. We're far from a silver spoon family (until losing my job recently, I've been working every day since I graduated high school) and by the time they were done there was no money left for my parents to inherit.

Unfortunately when it comes to your mother's mental, when she begins to slip it is far too late for your mother to delegate a durable power of attorney. My layman's advice would be to ask your mother to draw up a living will, if she hasn't already. Also while your mother is still of sound mind, be sure any wills or trusts place all discretionary decision making with the family.

Including the standard disclaimer, I am not a lawyer myself. I suggest getting legal advice from a lawyer, and the go to a totally different lawyer to check his answers.