Legal Question in Elder Law in Texas

Assisted Living2

Thank you so much to Donald McLeaish for answering my original question. Maybe I should have added more detail to the original question. So, I will now and hope for the same answer.

My sister and I placed my elderly parents in an assisted living facility to recuperate after they had some medical problems. Both were in need of physical therapy. My sister signed the admission papers and assumed financial responsibility (although only my parents� money is being used).

They are both much better physically now and would like to leave the facility and go home. I support their decision and agree that home care help would be fine.

After my mother submitted a 30-day intent to vacate (as required), my sister and the facility�s manager arranged for an assessment of dementia/competency.

My mother gave me power-of-attorney since they have been in the assisted living facility. Do I need guardianship too? My mother might not pass a dementia/competency test because the doctor does not have a base-line on her. She may have never passed. I�m sure my father would pass with flying colors.

Is there any way that they can keep my parents against their will? What are my parents� rights and how may I help them.


Asked on 2/08/08, 5:00 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Assisted Living2

If you have POA for your mother and your father acts for himself, they can leave..and you may need to call police to help...but you may want to apply for guardianship if you Father and Mother agree...

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Answered on 2/09/08, 10:08 am


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