Legal Question in Elder Law in Georgia

Placement in facility

Age 80- Mother needs to be placed in a facility but refuses. We need to know the first step on what we need to do legally to be able to do this without her permission. Does she need to be evaluated by a doctor as to her state of mind first. She is at the point of not being able to take care of herself mentally but she is physically. We have cocntacted an Assisted Living facility in Lithia Springs where she lives but they need aproximately $2000 per month. Would she be able to get assistance from Medicare other than her Social Security check to help with this fee or would we have to pay out-of-pocket for such fees. If she is mentally not able to take care of herself would that make her eligable for assistance from medicare other than her SS check? Thanks so much.


Asked on 8/22/02, 8:46 am

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Placement in facility

It would appear that your proper course would be to apply for adult guardianship in the county of your mother's residence. It would be best for two people to sign the petition and then let the Probate Court appoint her primary care physician to evaluate her. The physician could sign the petition itself, but then you would need to find another physician to be appointed by the Probate Court to do the post-filing evaluation. On the subject of Medicare, the answer to that question depends upon a lot of factors used to qualify one for such assistance. That cannot be done here. There is a very good possibility that she would be eligible for such assistance.

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Answered on 8/22/02, 11:14 am


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