Vera Institute of Justice, Inc.
New York, NY

Written by Jason Hyde, Team Supervisor

Going Home

Jean is a 78-year-old woman who has lived in Brooklyn her entire life and in her current apartment since she was 10 years old. She’s a fiercely independent woman who is known throughout her tight-knit Brooklyn neighborhood from the volunteer work she has done throughout her life. As she’s gotten older Jean has lost some ability to manage her affairs and her speech has become choppy making her hard to understand.  However, if one takes the time to sit and talk with her you will see that behind the distorted speech is a woman with an intact long-term memory who to some degree understands her current situation and has no problem expressing what she wants.

Unfortunately three years ago Jean was a victim of a push-in robbery, burglarized, and left for dead on her living room floor.  After two neighbors had not heard from her for several days, which was unusual for these lifelong friends, they called 911 and the NYPD found Jean splayed out on the apartment floor.  She was taken to the hospital and other then being a little banged up, dehydrated, and slightly confused she was believed to be ok.  After a brief hospital stay Jean said she was ready to return home, but because she was older and believed to have Parkinson’s disease due to her speech impediment, the hospital diagnosed her with dementia and decided to send her to a nursing home. 

It didn’t take long for Jean to realize that she was only one-and-a-half blocks from her home when she was wheeled into We Care Nursing Center.  As it turns out she had volunteered for many years at this very facility—it wouldn’t be long before she was calling it “her prison”.  Over the ensuing months Jean would reiterate that she wanted to go home.  This wish fell on deaf ears which angered Jean.  After several failed attempts to escape she was given an ankle monitor to automatically lock the outside doors if she got near the main exit, outraging her even more.

Seeking someone who could make decisions for Jean, the nursing home petitioned the Brooklyn Supreme Court to have a guardian appointed.  During the hearing, Jean reiterated her desire to return home.  However the nursing home staff reported she was confused, exhibited psychotic behaviors, was depressed, and therefore should not return to the community.  Having done little of their own investigative work, the court deferred to the nursing home’s evaluation, ruled that she should return to the nursing home and assigned a legal guardian to oversee her affairs.

Fortunately The Vera Institute of Justice’s Guardianship Project had recently been created to provide intensive legal, financial, and case management services to individuals appointed a guardian while institutionalized.  Prior to the agency’s existence, private bar attorneys were assigned cases such as Jean’s.  These lawyers are in business to litigate, not provide the labor intensive, comprehensive, case management incapacitated people need.  After meeting Jean in the court room, we met in the nursing home several times over the following month—the law requires four visits a year.  As I acclimated to her speech I began to understand her more and more.  During our visits it became obvious that Jean knew where she was and where she wanted to be.  It was the agency’s job to make that happen.

Working with the Guardianship Project's team of social workers, lawyers, and financial managers, the agency spent approximately fifty hours preparing for Jean’s return to the community.  Having collected her assets and nudging the legal system to ensure paper work was processed in a timely manner, it was time to prepare her apartment for her return.  After I earned Jean’s trust she eventually turned over her keys so I could see what work would have to be done to make sure her place was safe.  Although Jean was higher functioning than many of the clients appointed a guardian, it was apparent upon entering her home that she needed more help than we originally thought. 

Jean’s place was filled with numerous items.  In some rooms there were so many items that only a single path permitted access to adjacent rooms.  Her kitchen was overwhelmed by roaches and there was food in the cupboards that dated back to the 1950s.  After completing a heavy-duty cleaning that included removing 150 industrial sized garbage bags of trash, purchasing new bedding, and thoroughly cleaning the apartment, it was time to put home care in place. 

Accepting assistance after being independent her entire life wasn’t easy and Jean was incredibly resistant to having an aide.  We tried to respect her pride and desire for autonomy and we eventually agreed to 8 hours a day of home care for a one-month trial period.  On the day Jean was able to move home, Jean said, “I’m getting out of jail.” Her case manager, home aide, and two friends met her at the nursing home and walked her to her apartment. Over the following year Jean demonstrated a level of independence that was remarkable.  Eventually we terminated her home care because it was obvious with a little help from friends, The Guardianship Project, and some community programs, Jean could live independently.  The guardian fought and continues to advocate for Jean’s independence and well being as she remains in the community and her home two years later.

Jean is just one of many clients whose quality of life has improved by the involvement of the Vera Institute’s Guardianship Project.  The array of issues the agency must address is vast and includes everything from making end-of-life decisions, to going after fraudulent financial and property transfers, to seeing that a broken boiler in the middle of a New York winter night is fixed.  

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