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John Legal
John Legal, Attorney
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My mother is 97 years old with periods of confusion, but most

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My mother is 97 years old with periods of confusion, but most of the time lucid. My sis is POA. I have witnessed my sis deny my mother water. My mother was admitted to the hospital for what my sister says was confusion, but found to have 2 bedsores. My mother says my sis is mean to her and she's afraid of her. When asked is he wants to stay with my sis, she's adamant about staying with her. What legal options do me and my other sister have as far as remooving my mom from that environment? Also, she will tell us almost nothing about our mother's medical history and will not allow the hospitals tell us either, even though I'm a RN. There are things she's claiming and as a professional I know are not true. She's also lying to hospital staff about my mother's condition.
Welcome! Thank you for your question.

If your mother is competent then you cannot force her to do something against her will. If your mother is not mentally competent then you can file a petition for adjudication of your mother incompetent and request that the court appoint her a guardian. The guardian can force removal of your mother from this situation. While guardianship is an option to take control it does pit you against your mother in this incompetency proceeding.

Another option is to report your sister's actions with the local adult protective services agency in her area. The adult protective services office can investigate abuse, whether your mother is competent or not. If the agent finds abuse then the agent can force a change in the situation. It is possible that they can even refer the case to the local prosecutor for violation of elder abuse prosecution.

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