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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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He is in his last stages of this horrible disease. A few months

Customer Question

He is in his last stages of this horrible disease. A few months ago, he has developed anger issues with the staff, and other patients. This memory care unit wants him out of there, and his advocate for the State has found him a place that will accept him, but it an hour and two away from any of his siblings. Now that he is in his last stages, being lethargic, and they cannot find out what is wrong with him, in that respect, they still want him moved. The state is telling me that we have to move him on Sunday no matter what. Is this legal, and what would happen if we just dont move him?) And received a lot of good information, however things have changed a bit.
We as a family did some checking around, and we found a place where my dad was when he had Alzheimer's. They said that they have a bed for my brother, and as a family feel this is a better fit for him. So the manager put the paperwork in motion, but may take a few days because it is the weekend. This memory care place that he is in now, wants him out by monday morning, because the said "they gave the bed away to another patient that will be moving in on monday" I think that is a lie, because when I was there a couple weeks ago, they had like 3 or 4 rooms empty. That manager told me I have to move him Monday no matter what. My brother is lethargic at this point, and what if I cannot move him into the other facility on Monday. What if it takes until tuesday to move him. I cannot bring him to my house. He needs to be changed, fed, etc. I cannot do that. What would be my and his rights? Can they force me to take him out?
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is legal for the state to tell you that you must move him. If you fail to move him, they can actually move him and charge you for the move. They can get Adult Protection involved and accuse you of neglect and they can step in to take over as guardian of the patient.
Sadly, yes they can forcibly take him out of there and move him and your choice is to allow the move or prove you can care for him, which you said you cannot, and take him to your home. However, they can indeed remove him from the facility I am afraid.

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