Elder law
My mom has dementia. She lives alone and is progressively getting worse--she doesn't eat, take her medications regularly etc. She refuses to let anyone come into her home to provide assistance. She lived with my sister and brother for a while last year but became delusional at night and basically left each place and finally went back to her own home. She has dificulty walking due to arthritis, is on lots of meds. She fell this past year and broke her leg. After her rehab was over we tried to encourage her to go to an assisted living facility -and while we were looking- she stayed in the SNF for 1 extra week, then checked herself out. She also cannot remember to pay her bills etc. We are very worried about her safety and her s ituation. My sister has a durable power of attorney for my mom. We are looking at some nice assisted living facilities and trying to nicely get her to go..but if she tries to leave... and there are safety issues living by herself, what can we do to protect her? Does she have to be declared incompetent? We don't know what to do. We want to take care of her and make sure she is safe..but she doesn't want to leave her home or let anyone in. What can we do??
1 Answer from Attorneys
Re: Elder law
You could seek a guardian for your mother if she incapable of caring for herself and incompetent. Such involves a court procedure where your mother would have her own counsel representing her interests. Whether this is necessary at this time is a personal decision that you and your siblings may need to make depending upon your mother's circumstances. I would suggest you consult the opinion of her medical professionals as well as speak with a social worker. If you decide thereafter that guardianship is necessary you should consult an elder care attorney directly for further assistance.
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