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Two years ago, my mother-in-law came out to visit. During the night, she had heart failure, and had to be hospitalized for a week. Later, she was diagnosed with Alzheimer’s disease. One of her brothers kept calling and trying to get her to come to another state. My wife had power of attorney, and put her mom’s money with a safe and trusted financial firm. My mother-in-law appeared to be improving, so we rented her an apartment, and started moving her in. Before she was able to fully move in, she had a bizarre episode, and became very vocally violent. We called the police to help us handle the situation and took her to the emergency room We were having a difficult time managing the situation, and she called her brother, who told the E.R. doctor that we were just after her money. She didn’t have much money, so we were puzzled. We left the hospital to talk with our attorney, because the hospital said we could not have her committed for evaluation, against her will. While we wer
State/Country relating to Question: Texas Already Tried: Nothing
Hi and thankf for using Just Answer. I would be happy to help. It looks like your question cut off. This is the last part I am able to see: "We left the hospital to talk with our attorney, because the hospital said we could not have her committed for evaluation, against her will. While we wer" Please finish your question and I'll see if I can help. Thank you.
We were having a difficult time managing the situation, and she called her brother, who told the E.R. doctor that we were just after her money. She didn’t have much money, so we were puzzled. We left the hospital to talk with our attorney, because the hospital said we could not have her committed for evaluation, against her will. While we were gone, she left the hospital, and drove to her brother’s in another state. My wife’s uncle started calling and threatening to sue us if we did not release the funds, which we finally did.To make a long story short, it turns out that there was an inheritance from my wife’s grandfather that we did not know about. My wife’s mother has been locked up, and is being evaluated. My wife called her uncle, and he informed her that he doesn’t want to hear from her, and is well insulated with 3 lawyers. What we would like to do is place her in a good Alzheimer unit in our own sate, and use her money to do so. What do we do? Where do we start?
You could place her in a unit if your wife has a valid medical durable Power of Attorney. This, of course, would require that her mother grant your wife the power to act on her behalf for medical decisions. There are two types of medical durable powers of attorney. the first is an immediate power. when her mother signs it your wife has authority to act on her behald. Ther other is a springing power which gives your wife authority only when her mother is considered incapacitated or incompetent under the definitions provided by the power of attorney document. I know you wife did have power of attorney at one point but it may have been only for financial decisions. That is something that only you would know based on the documents you have. The problem with power of attorney documents is that if the granting person is competent then the power can be revoked. If your wife's mother is not able to make her own decisions and the family isn't getting along (which seems to obviously be the case), then the best course might be to file an action to obtain guardianship over her. You would have to do this in the state where she resides and once that is accomplished you will probably have to do it again in your state once you move her. It is a little tricky because multiple states are involved, but if this is the best thing for her, then ultimately it will be worth the time and expense to ensure she is receiving proper care. Your first step would be to have a sit down with an attorney in your state so that you can explain the situation. They will likely tell you that you need to start with obtaining either an immediate durable power of attorney for medical decisions (if your wife's mother is competent and willing to do so) or to obtain guardianship in the state where she is now residing. Then you can take care of any loose ends once you move her. good luck with this situation, I know it is not easy.
Hello--this is Teresa...it's my mom with the Alzheimer's Disease and in Tennessee rather than Texas. I had thought her brother's had her best interest at heart, but they all inherited a large sum of money. Now they have her's and her death would be just fine with them! Today I learned she is 96 lbs (minimal weight for her should be 113 lb) and Thursday or Friday placed in a locked facility. It will kill her. I urgently want her OUT of that facility. I understand the need for guardianship and it has been a matter of talking my husband into that hornet's nest since it's MY mother! =) Do I not have an immediate something? I tried Adult Protective Services in Tennessee, but like us they want some rest and are closed for the weekend. Procrastination on our part has lead to this emergency. I do have the only power of atty that is before the diagnosis of Alzheimer's but Uncles got family medical doctor to say mom was fine. Never mind that she could no longer keep her cat because she was putting litter instead of cat food in the cat's dish! I appreciate your help, Teresa
Yes, you do have the power of attorney (which might inlude medical power -- you would know) but if the doctors are saying she is fine (whether right or wrong) and a doctor's indication of imcompetency is the only way to activate the springing power, then the power of attorney is worthless at this point. Only if it was an immediate power of attorney would you have any authority to do anything without the aid of the legal system I really doubt that adult protective services would be much help. they like other agencies are slow to act on anything, although they do move a bit quicker when it seems to be a life and death situation. so definitely continue to pursue that. In the meantime, you best option is applying to a Tennesse court for guardianship over your mother's person and property. You could get an emergency order giving you temporary guardianship until there is time for a hearing to determine the best thing for you mother. Speak with an attorney as soon as you can in Tenn. and get the process started. Good luck
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