Judge rules elderly N. Texas man will stay in state custody
Charlie Fink, an 85-year-old man who made a call for help recently to FOX 4 after the state took emergency custody of him, had a date in court on Friday.
Fink fought for his freedom, but it was not to be.
The state, through its expert witness, testified Fink could not take care of himself and in fact would be in danger if he returned home.
That witness testified Fink did poorly on a battery of tests, and Dr. C. Alan Hopewell said that while Fink could handle minor physical and mental tasks, he was not able to function independently and that he had substantial cognitive impairment.
That finding was in contrast to that of another state psychologist and the findings of Dr. William Tedford, the former chair of psychology at SMU who also evaluated Fink.
It was Tedford's opinion that nothing is wrong with Fink that would prevent him from living in his own home. At the end of the day, Judge John B. Peyton allowed the emergency protective custody order of Adult Protective Services to stay in place.
"We're extremely disappointed with the findings by the judge," said Fink's attorney, Lysette Rios. "We didn't believe there was enough credible evidence by any doctor that indicated Mr. Fink lacked capacity. The records speak for themselves; you've got two reports out of three indicating he has none to mild impairment, and then one report by a doctor who didn't include half of his objective findings in his report."
Officials with Adult Protective Services disagreed with Rios, though.
"We do feel that Mr. Fink lacks capacity," said Shari Pulliam with Adult Protective Services. "We're concerned for his health and safety in his own home living alone. We are also now concerned with financial exploitation, which is huge in elderly populations. We want to prevent that before it happens, and that's what we are doing here today -- trying to make sure that Mr. Fink is going to be safe financially."
Fink says the state's witness was untruthful in his testimony on Friday and that what he testified to in court was not the same thing he told Fink after performing a psychological test on him at the Arlington nursing home he has been in and returns to Friday.
"Yes, I'm disappointed," said Fink. "If it's against me, if he tells the truth and the judge rules against me, I can take it, but don't rule against me on account of lies. Don't do that on account of boldfaced lies."
Fink is in custody for another 30 days. The state says it will move forward now seeking guardianship of Fink.
Fink fought for his freedom, but it was not to be.
The state, through its expert witness, testified Fink could not take care of himself and in fact would be in danger if he returned home.
That witness testified Fink did poorly on a battery of tests, and Dr. C. Alan Hopewell said that while Fink could handle minor physical and mental tasks, he was not able to function independently and that he had substantial cognitive impairment.
That finding was in contrast to that of another state psychologist and the findings of Dr. William Tedford, the former chair of psychology at SMU who also evaluated Fink.
It was Tedford's opinion that nothing is wrong with Fink that would prevent him from living in his own home. At the end of the day, Judge John B. Peyton allowed the emergency protective custody order of Adult Protective Services to stay in place.
"We're extremely disappointed with the findings by the judge," said Fink's attorney, Lysette Rios. "We didn't believe there was enough credible evidence by any doctor that indicated Mr. Fink lacked capacity. The records speak for themselves; you've got two reports out of three indicating he has none to mild impairment, and then one report by a doctor who didn't include half of his objective findings in his report."
Officials with Adult Protective Services disagreed with Rios, though.
"We do feel that Mr. Fink lacks capacity," said Shari Pulliam with Adult Protective Services. "We're concerned for his health and safety in his own home living alone. We are also now concerned with financial exploitation, which is huge in elderly populations. We want to prevent that before it happens, and that's what we are doing here today -- trying to make sure that Mr. Fink is going to be safe financially."
Fink says the state's witness was untruthful in his testimony on Friday and that what he testified to in court was not the same thing he told Fink after performing a psychological test on him at the Arlington nursing home he has been in and returns to Friday.
"Yes, I'm disappointed," said Fink. "If it's against me, if he tells the truth and the judge rules against me, I can take it, but don't rule against me on account of lies. Don't do that on account of boldfaced lies."
Fink is in custody for another 30 days. The state says it will move forward now seeking guardianship of Fink.
Read more: http://www.myfoxdfw.com/story/25042491/judge-rules#ixzz2whBKSrDu
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