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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37399
Experience:  Attorney with 16 years experience
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I have an 86 year old mother who is living at home with a full

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I have an 86 year old mother who is living at home with a full time caregiver. (The caregiver may change several times during the week, but someone is with her at all times.) My Mom is showing signs of Alzheimer’s disease, constantly forgetting important facets of her prior life. Within the past week, she threatened one caregiver with a hammer and hit another with her walking stick while verbally abusing each. She steadfastly refuses to voluntarily go to an Assisted Living or Nursing home.

She lives in Georgia, close to my 2 sisters. I am the only son. What is the process to involuntarily commit her to a nursing home or Assisted Living facility for her own safety and the safety of the caregivers?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
I am sorry to hear of the situation with your mother. Unfortunately this is all too common a problem with elderly family members.
If she would be considered incapable of taking care of herself, then a family member could file a petition in the local Probate court for guardianship over mother. This consists of filing a petition for guardianship and then submitting doctor's reports or testimony that she is unable to take care of herself and needs to have a guardian appointed. The judge will appoint a "guardian ad litem" to represent mother who will then review the evidence and reports and make a recommendation to the court about whether a guardian should be appointed. In this situation, I don't see any way the guardian ad litem could disagree with a guardian being appointed.
The judge would then issue an order appointing the guardian over mother and that person would have the legal power to place her in an assisted care facility. Although it can be done without an attorney, it is better to get an experienced elder law or family law attorney to assist with filing the petition and getting all the evidence and reports together to ensure the process goes smoothly.






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