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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37077
Experience:  30 years in civil, probate, real estate, elder law
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My Aunt is in an Assisted Living Community, this particular

Customer Question

Hi there,
My Aunt is in an Assisted Living Community, this particular one for only eight months. She was diagnosed with Dementia (self caused), 20 months ago, and only 71 (a very young 71 year old). I say "self-caused" because it was/is caused by alcohol addiction. Unfortunately she "forgets she's not suppose to drink" & walks to the square, gets wasted and gets back to the facility some how.
Not only am I her Niece but I am her POA as well. The first time I was informed that my Aunt became a problem was just 3 weeks ago, at which time they stated that they were going to increase my aunt's rent by $417.00/mo (retroactive to Jan. 1st), because they need added staff at times when my Aunt gets back "home". I agreed to that (because we plan to have her live with us the end of June, 3 1/2 months away). But this morning,
I received a call from the Executive Administrator who informed me they are sending me a 14-day eviction notice for my Aunt. There's no way I can make arrangements for her in that short amount of time. I asked for 30-days & that was denied. Is this legal for them to do?
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.

You may want to involve Adult Protective Services here, make them find here a new location. Since you cannot control her and this gets beyond your ability as POA they may need to appoint her a guardian.This is cause really potential neglect because of the discharge here.They may back them up here or locate another facility.She really probably needs to be in a lock up nursing home here since she needs restrictions on her ability to leave here and get in danger.

File here.

https://des.az.gov/services/aging-and-adult/adult-protective-services/file-aps-report-online

Normally they have to give her 30 days notice but if she has become a danger to herself then they may be able to discharge her.I would involve APS immediately as this is beyond your abilities to deal with and the state here needs to be involved.

She probably needs to be in a locked facility to protect herself.

File here now.

https://des.az.gov/services/aging-and-adult/adult-protective-services/file-aps-report-online

Expert:  Ray replied 8 months ago.

Please don't despair here, this is a common problem, wondering away, the Protective Services need to seek guardianship for her and to place her in an appropriate facility.I see too many of these where they wander off and die, from exposure, fire ants, and other harm.You are saving her life here.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 8 months ago.

And I understood you were willing to have her live with you.That may be risky if she wanders, again I would involve APS and see what they can do for her in this situation.They have access to nursing homes, you can always take her out someday but I fear she is beyond you ability to provide care and she needs to be on a locked wing for alzheimers/dememtia here.

I specialize in Elder law and again this is not uncommon here.Thanks and the best to both of you.