Extent of Power of Attorney

[katimae]

What is the name of your state (only U.S. law)? North Carolina
Hello
My brother has Durable Power of Attorney for my mother, who is now diagnosed with Dementia. My brother has contracted with a home health service to have companions stay with my mom. Mom refuses to allow the companions in the house. Today I insisted that the companion come in despite my mother's refusal. The companion stated that she would be in violation of NC law if she stayed without my mother's approval. My mother's doctor has said that she can no longer be alone.
How do we obtain help for a non-cooperative person?
Is the caregiver correct in stating that she cannot remain in the home without my mother's approval if the contract for help was signed by my brother?
Thank you

Kate

[BlondiePB]

Originally Posted by katimae

What is the name of your state (only U.S. law)? North Carolina
Hello
My brother has Durable Power of Attorney for my mother, who is now diagnosed with Dementia. My brother has contracted with a home health service to have companions stay with my mom. Mom refuses to allow the companions in the house. Today I insisted that the companion come in despite my mother's refusal. The companion stated that she would be in violation of NC law if she stayed without my mother's approval. My mother's doctor has said that she can no longer be alone.
How do we obtain help for a non-cooperative person?
Is the caregiver correct in stating that she cannot remain in the home without my mother's approval if the contract for help was signed by my brother?
Thank you

Kate

You had no right to tell the caretaker she had to come into your mother's home because you did not hire the caretaker. Mom does have the right to tell the caretaker to leave.

Keep in mind, that a lot of elders are afraid of strangers coming into their homes even if the stranger is hired caretakers. Dealing with non-cooperative elders is not easy and requiring very special and delicate techniques. Is a family member available to take care of mom?

[katimae]

I understand what you are saying. I did not hire the caregiver. My brother lives in upstate NY. My mother and I live in NC. He so far has handled paperwork and left daily care to me. Mom refuses any help. We have tried delicate and special for two years. She will not (and probably can't) acknowledge that she has dementia. Her neurologist has said that 24 hour care must happen before the end of the summer or she will have to go into assisted living. Putting her into assisted living is COMPLETELY against her wishes, and I want to get care in her home. She can afford this. She refuses to allow them inside. I have no power, and no legal rights. I just have the everyday stress, along with a family of my own and a full time job.
What has to happen legally to get a caregiver in the door even against her wishes?

[BlondiePB]

What has to happen legally to get a caregiver in the door even against her wishes?

Placing her in an ALF.