The State Took Custody of This 85-Year-Old Man Against His Will After He Had Surgery. Now He's Fighting to Have Family Take Care of Him Instead.

An elderly Texas man was taken into emergency custody by the state's protective services agency last month. Now, he and members of his family are hoping the state will work with them to bring the 85-year-old into his family's care.

According to KDFW-TV, Charlie Fink was taken into emergency custody by Adult Protective Services when it was thought the man was a danger to himself and others.

"I know I haven't did anything, I haven't done anything wrong," Fink told the news station. "Why they want to keep me, I don't know."

Charlie Fink says the state took custody of him against his will after he was in the hospital for surgery in February. He's now hoping one of his recently located nieces will be allowed to care for him instead. (Image source: KDFW-TV)

The state initially took custody when it thought Fink didn't have any close family, but two nieces were recently identified. A previous report about Fink's story in late February said he checked into the hospital for surgery and then wasn't allowed to leave after.

"They put me in a mental institution Monday night," Fink told KDFW at the time, saying that he doesn't have dementia or other mental illnesses.

"We are worried about all of the clutter and the hoarding issues in his home," Shari Pulliam with Adult Protective Services told the news station. "We are worried about his physical rehabilitation from the surgery he has just had, we are worried about him being able to take his medication properly and we are worried about his living there alone and not being able to access home health services."

KDFW added that Fink's 82-year-old wife was taken into state custody earlier when it was deemed her husband couldn't care for her anymore.

Kenny McIntosh, Fink's friend and neighbor, said he thinks the man is "getting preyed on by a few certain people."

Fink's case took a positive turn Monday after his attorney located two of his nieces, both of whom appeared in a court hearing this week. One of them, a nurse, said she would take care of him.

"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," Dana Fink Tackett told the news station.

Watch KDFW's report:

Judge John Peyton wants the state to work with Fink's family members, but Fink will remain in state custody until at least May 7.

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

Marissa Gonzalez with Adult Protective Services agreed that the goal of the agency is for family members to take over his care.

"Certainly what we would like is for him to have family members to care for him," Gonzalez told KDFW. "If there is a situation where that could happen, then that is ideal."

While Fink is in temporary custody, KDFW reported that the Department of Aging and Disability Services could consider taking guardianship of him. The department did not immediately return TheBlaze's request for comment, but its website states that guardianship is meant to protect adults who are incapacitated. Texas Probate Code defines this as someone who "because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs."

Guardianship would need to be appointed by the court.

Fink's lawyer did not immediately return a request for comment from TheBlaze.