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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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APS is saying my mother with Alzheimer's IS going to be

Customer Question

APS is saying my mother with Alzheimer's IS going to be taken to a mental care facility. I have been caring for her since her diagnosis in 2007. I would like her to remain at home and go a few times a week to adult daycare and perhaps utilize respite care when necessary. They are saying I have no choice in this matter even though I have POA. What recourse do I have?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: We are in North Carolina. Thus far I have received NO paperwork from APS, nor much information except the name of the facility they intend to take her.
JA: Have you talked to a lawyer yet?
Customer: I left an email and a voicemail for an elder care attorney this morning but have heard nothing back. They are planning to take her there TOMORROW.
JA: Anything else you think the lawyer should know?
Customer: My mother's wishes are to remain at home with me until 24 hr medical care is absolutely. I have been in the process of remodeling our home to better accommodate her deteriorating condition and her changing needs.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.
In order for you to prevent APS from moving your mother to a proper Alzheimer's care facility, you would need to prove that you are capable of providing the proper care she requires. Even if you are PoA, your power here is limited to prevent placement in a home unless you can present evidence that you are capable of proving the safe protected surroundings and care your mother needs based on the level of her dementia. If you can prove that, then your first step is appealing to APS and providing them that proof. Second, if APS still refuses, then your next step is you have to file suit in court to get an injunction to prevent them from taking her to the home and the evidence you have would have to be presented to the court to show she could be properly supervised and cared for in your home.