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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33147
Experience:  Began practicing law in 1992
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My mother is currently in the hospital UTI. She has dementia

Customer Question

My mother is currently in the hospital for a UTI. She has dementia and is a danger both to herself and others due to violent outbursts. She constantly threatens to walk into traffic, wishes she was dead, and threatens to burn the house down. The hospital is refusing to transfer her to a nursing home even though it's necessary for her own safety and that if her family. We're in Maryland. What is our legal recourse?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

While you can try for a civil commitment, that is just a temporary solution since after the initial observation period she would be released.

The long term solution is to apply for a guardianship through the court and then if you, or another family member, is appointed guardian you have the right to place her into whatever facility you deem necessary.

You would want to hire a local lawyer to guide you through the process, file the papers, etc. because guardianships are extremely complicated.

Expert:  Dwayne B. replied 1 year ago.

However, it is likely you could get a temporary, emergency guardianship and then have her transferred to whatever facility you choose while the matter is pending.

Customer: replied 1 year ago.
They want her out if the hospital asap, I would imagine to free up the bed. It's Sunday afternoon. How do I get an emergency guardianship that quickly?
Expert:  Dwayne B. replied 1 year ago.

You can't get one today but if you contact a lawyer tomorrow morning there is chance you can get one tomorrow or the next day. It's a matter of how fast the lawyer can get the paperwork done and catch the judge to sign off on the emergency order.