TX man's fight for independence takes unexpected turn - Dallas News | myFOXdfw.com

TX man's fight for independence takes unexpected turn

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An 85-year-old man named Charlie Fink made a call for help to FOX 4's Shaun Rabb after he was placed in emergency protective custody by Adult Protective Services.

The state says he is a danger to himself and others, but Fink may have found help. The state thought Fink had no family and felt he could not handle his own affairs. However, Fink's attorney has found Fink has found two nieces who are daughters of Fink's youngest brother who died in 2000. The nieces' mother died in 2012.

After she died, the women lost contact with Fink until his attorney found them, and on Monday, Judge John Peyton told the state to work with Fink's family.

Another court hearing was held for Fink on Monday. The state wants to keep Fink in temporary protective custody while the Department of Aging and Disability Services decides if it will seek guardianship of Fink, his person and his property.

But the case turned Monday on the testimony of Fink's nieces – one of whom is from Maryland, the other Tennessee.

One of them is a nurse who says she will take care of her uncle in Texas, Tennessee or anywhere else.

"All I can say, he's my daddy's brother and he's my uncle, and like she said, we lost our mom and dad and he's just family, and you know, we're just so happy we're here, you know," said niece Dana Fink Tackett.

Judge John Peyton decided Fink would have to stay in state custody at least until May 7, but urged the state to work with Fink's family for his long-term care, saying it was an excellent opportunity for the state to reach a positive solution.

"Obviously, that's promising and we're happy that he recognizes that this isn't a case that needs to move forward," said Fink's attorney, Lysette Rios. "Mr. Fink, as he indicated, is not totally incapacitated and he also encouraged them to you know, get this thing done," said Rios.

"Certainly what we would like is for him to have family members to care for him," said Marissa Gonzalez with Adult Protective Services. "If there is a situation where that could happen, then that is ideal."

Fink will remain in state custody for now, but he is hopeful that he will one day walk away from state care with his family.

Rios was disappointed Fink could not leave with his nieces on Monday, but will work now to try and get the state, with the encouragement of the court, to place Fink with his family.

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