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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34990
Experience:  16 yrs. of experience including family law.
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My mother-in-law is 88 years old and in poor health. Her mind

Customer Question

My mother-in-law is 88 years old and in poor health. Her mind is fairly sharp and she does forget from time to time but she is physically unable to care for herself. Her kids have placed her in a wonderful assistant living facility but the problem is she refuses to stay there. She wants to be in an independent living facility and is fighting us all the way. What can we do? We do want to care for her but we work and have tried to do our best by finding the best care possible but she will not accept it. Legally what can we do?
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Is she competent? Able to reason and make decisions for herself? If so then she can so has she likes. You can not force her into a living situation against her will if she is competent. Only if you can convince the court that she is incompetent...that she is not capable of making decisions for herself will the court a guardian go make decisions for her.

Sorry to have to bear bad news.
Customer: replied 7 years ago.
Legally we can be held responsible if something happens to her; because we did not do anything to ensure her safety. But; we are trying to ensure her safety and she will not accept the help. So you are telling us the only thing we can do is declare her incompetent or let her move back and make our lives a living hell?
Expert:  P. Simmons replied 7 years ago.
I'm telling you that legally, the only way you can force her to go someplace against her will is to have the court declare her unable to make decisions...if the court does this, the court would then appoint a guardian to make decisions for her.

If your goal is to force her to go to a particular location against her will, that is the only way to accomplish it.