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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 855
Experience:  9+ years of experience in divorce, custody battles and mediation.
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The family of a 91 year old woman with mild to moderate

Customer Question

The family of a 91 year old woman with mild to moderate dementia was told by her Wellmed physician they should consider placing their mother in an assisted living facility following an injury (bruising to both arms) caused by a slip on her porch. Since their mother adamantly opposes going to an assistant living facility, they have provided daily assistance to her by giving daily medication, paying her monthly bills, providing all her meals, cleaning, washing her clothes, etc. for approximately 3 years. The 91 year old woman is able to take care of her personal hygiene without assistance. The Wellmed physican told the family she feels their mother needs 24/7 care. The family disagrees with the physican's recommendation and want to respect the wishes of their mother.
What are the 91 year old woman's rights to continue living independently with her children’s help?
Can the family be charged with neglect if their mother has another falling accident if they choose to respect their mother's wishes?
Submitted: 11 months ago.
Category: Family Law
Expert:  originallawyer replied 11 months ago.

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Expert:  originallawyer replied 11 months ago.


As long as the 91 year old woman is mentally competent and able to make her own choices, she is responsible for her own health and can choose to continue to live alone.

Nothing totally prevents a concerned party from filing a claim of elder neglect. Any interested party can ask that an elderly person be checked up on by Adult Protective Services. It would then be up to the investigator to decide if actual neglect occurred.

From the facts stated, I wouldn't think that there would be a finding of neglect, however, every situation is different and circumstances change. I would not be able to tell you for sure that a finding of neglect wouldn't happen in the future if she were to fall and seriously injure herself when no one was around, especially if the family is already aware of a possibility that she would fall.