My mother lives in BC. She has Alzheimers and has been deemed mentally incompetent, but is actually fairly capable in many respects. I have her power of attorney (financial and medical). She was admitted to a hospital to deal with an unrelated issue. The doctors and social worker are recommending/dictating certain type of care for my mother as a condition of her release from the hospital. Who has the right to make the decision on how to care for my mother - me or the doctors/hospital? Can they continue to hold her there against my wishes. She only has so much time left to live and I don't want her stuck in a hospital room.
State/Country relating to question: Canada
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What do you mean when you say that she has been deemed incompetent?Are they saying that it is dangerous for her to go home without a certain type of care in place?Are you not agreeing with what they are advising?
The social worker told me one of the doctors had declared her incompetent, although I do not know exactly what that means other than what I can presume.
They wanted to put her in a home. Then they asked me to arrange someone to check her twice a day (I already had people checking on her but not that frequent), a lifeline button etc. I agreed and put it in place. Now another doctor is recommending living 24x7 help. I don't agree, but in any case I am chasing a moving target
I know my mother very well, of course. She is very proud. She can feed, bath, clean herself right now, and her independence means everything to her. I try to arrange help that comes across as "friends" for her, so she maintains her pride
I figure this is the last summer she can stay in her beach house and I want to get her out of the hospital before they waste any more of it. I am open to their suggestions but I just want to know who is suggesting and who is deciding and then get the decision made. They are dragging it out
The doctor cannot actually declare her to be incompetent. The doctor can only diagnose.Only a Court can declare her to be incompetent.Legally at this stage you can make the decisions.But, if they feel she is in danger then they can seek a Court Order making them her guardian or they can contact the Public Guardian and Trustee and ask them to step in.To some extent this would work the same way it would if you were a parent and your child was a patient. If the hospital feels there is danger they would take legal steps to protect your child.Does that help?
I think so. Sounds like this minute I own the decision, but they could easily flip that in a forum that I would have a hard time fighting? Which means they own the decision at the end of the day? They think she is a possible danger to herself, and I think there is some small chance but am weighing that with the certain unhappiness they want to impose on her as well as her certain pending near term death. What are they really protecting her from? Anyway, I think you answered the question.