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Barrister
Barrister, Attorney
Category: Legal
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Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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can an elderly parent who has early Alzheimers disease be

Resolved Question:

can an elderly parent who has early Alzheimer's disease be legally removed from her home against her wishes to a nursing home by her children who have power of attorney?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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What type of power of attorney is this? (financial, general, general durable health care, etc.)
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Has mother been deemed legally incompetent by a court or medically incompetent by her doctors?
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Is she still lucid and aware of what is going on around her despite her illness?
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Thanks
Barrister
Customer: replied 9 months ago.
I believe the power of attorney is general, but I know for certain includes handling financial issues. There is also a separate healthcare Medical power of attorney, held by one of the three children.

she has not been deemed medically incompetent by a court of law. I don't believe her doctor has declared that either, but has recommended that she get more assistance. She has help from 9 till 5 7 days a week but is all alone in the evenings and nights. She has had several minor falls in the last couple of weeks. Her Alzheimer's is advancing but she is coherent most of the time although her short term memory is poor.for example she knows who she is, where she is, and knows her children and can hold v conversations with them.

her three children, myself included, believe she would probably be better off in a nursing home.we've discussed this with our mother, but she really doesn't remember day today what we have talked about. But she is clear that she does not want to leave her home. My two siblings are proposing that we simply move her over her objections. So essentially, go to her home and physically remove her. I am uncomfortable with that, and want to understand if we can legally do this or not.we are of course trying to work with her to convince her this is the right move, but in the end what legal right do we have if she simply refuses to move?
Expert:  Barrister replied 9 months ago.
Ok, thank you for that information. If mother is still coherent and is able to understand what is going on around her, then the medical POA wouldn't kick in to allow the holder to make care decisions until she was either deemed legally incompetent or medically incompetent by her doctors.
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A medical POA is typically used by a grantor to authorize another person, the holder of the power, to make medical decisions on their behalf when they are unable to do so themselves. So if she is still lucid and aware of what is going on around her, the holder couldn't override her decision to refuse more intensive care at this point.
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With that said, if one of you sought a legal guardianship over her through the probate courts due to her deteriorating condition, it is likely that the court would grant it. This would require her doctors to submit a report on her condition and their prognosis. An attorney would be appointed to represent her, called a guardian ad litem, who would then compile a report to the court as to what he felt was in mother's best interests. When a person is suffering from an illness like dementia or Alzheimers, the GAL will typically go along with the doctors and family's wishes to grant the guardianship.
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Once the guardianship was ordered by the court, then that would give the guardian unilateral decision making power over her care and s/he could move her to an inpatient facility even if she objected.
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Other than that, the only other way would be to have to wait until her condition deteriorated to a point where she was unable to make her own medical care decisions and the Medical POA holder took over. As this presents a risk to her health, the best recourse in this situation would be to seek a guardianship so you can get her the care she needs to protect her from any injuries she may suffer due to being alone at night.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22994
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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