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elder care neccessary but involuntary removal from home to facility

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Hi,

my friend has power of attorney, guardianship etc over her older sister who has been diagnosed with Alzheimer. we were told you can't get her out of her home without waiting for her to get violent or yelling, call police, police take her to hospital and they send her to an acute short term facility to get her correctly medicated and then AFTER all that we have to find a facility with memory care unit to take her. She has money so we can pay for her care. BUT we have been told if she gets violent they will either send her back to acute short term of tell us she has to be removed from the facility. Isn't there a way to just get her to the final facility without all the police, acute care etc?
Thanks for any help.
 


Just Blue

Senior Member
Hi,

my friend has power of attorney, guardianship etc over her older sister who has been diagnosed with Alzheimer. we were told you can't get her out of her home without waiting for her to get violent or yelling, call police, police take her to hospital and they send her to an acute short term facility to get her correctly medicated and then AFTER all that we have to find a facility with memory care unit to take her. She has money so we can pay for her care. BUT we have been told if she gets violent they will either send her back to acute short term of tell us she has to be removed from the facility. Isn't there a way to just get her to the final facility without all the police, acute care etc?
Thanks for any help.
Could you please have your friend sign up and post for herself? It more effective to have the actual legal party explain the situation as they have ALL the facts. Thank You for your anticipated understanding...


Blue
 
Hi Just Blue,
I definitely understand but she is so overloaded with work, health and taking care of her sister that I am doing some of the research.
I hope someone can steer me to the correct information.
 

Zigner

Senior Member, Non-Attorney
What US state?
If your friend actually has "guardianship" over the person, then your friend can make the decision for her to be placed in any appropriate placement that she wishes. Your friend should really be checking on things and asking these questions because your friend has more information and knowledge that may be pertinent.
 

Taxing Matters

Overtaxed Member
Hi Just Blue,
I definitely understand but she is so overloaded with work, health and taking care of her sister that I am doing some of the research.
I hope someone can steer me to the correct information.
When you say the friend has guardianship, do you mean that a court has declared her sister to be incompetent and the court appointed your friend as guardian? If so then the extent of what your friend may do will be determined by the express terms of the order, the applicable state law (and you haven't mentioned the state that the friend and sister are in) and what policies the facility has that your friend would like to put the sister into. Note that when there is a court appointed guardianship all previously granted powers of attorney become ineffective.
 
What US state?
If your friend actually has "guardianship" over the person, then your friend can make the decision for her to be placed in any appropriate placement that she wishes. Your friend should really be checking on things and asking these questions because your friend has more information and knowledge that may be pertinent.
we are in IL. she knows she has the authority to place her anywhere she sees fit, but they say you cannot take anyone out of their home involuntarily
 
I don't know who "they" is, but "they" may be mistaken.
I am so sorry for being vague. The court ordered MD that diagnosed her and the police said that, also an elder law attorney told her that.. They said she had to wait until there was a definite reason (like yelling or threatening behavior to get the poice to get her out of her home.
 

Taxing Matters

Overtaxed Member
we are in IL. she knows she has the authority to place her anywhere she sees fit, but they say you cannot take anyone out of their home involuntarily
They are correct that a competent person may not be forced out of her home simply because someone has decided some other living condition would be better or safer for her. We all have the right to determine what kind of living arrangements we want. But when a person has been declared incompetent by a court and the court has granted guardianship over that person then that person no longer has a say in where she lives. It is the court appointed guardian who decides that.

On the other hand, if the sister is relying on a power of attorney and the sister has not been declared incompetent, then the sister still gets to decide where she lives.
 
They are correct that a competent person may not be forced out of her home simply because someone has decided some other living condition would be better or safer for her. We all have the right to determine what kind of living arrangements we want. But when a person has been declared incompetent by a court and the court has granted guardianship over that person then that person no longer has a say in where she lives. It is the court appointed guardian who decides that.
ok, that is true, she has been declared incompetent, we just do not know the legal manner in which to remove her from her home.
 

LdiJ

Senior Member
Hi,

my friend has power of attorney, guardianship etc over her older sister who has been diagnosed with Alzheimer. we were told you can't get her out of her home without waiting for her to get violent or yelling, call police, police take her to hospital and they send her to an acute short term facility to get her correctly medicated and then AFTER all that we have to find a facility with memory care unit to take her. She has money so we can pay for her care. BUT we have been told if she gets violent they will either send her back to acute short term of tell us she has to be removed from the facility. Isn't there a way to just get her to the final facility without all the police, acute care etc?
Thanks for any help.
Its true that it can be difficult to get a patient with Alzheimer's out of their home and into a memory care unit if they are not cooperating, but its not always quite that dramatic.

Its also true the police won't pull her out yelling and screaming without additional cause. However, that doesn't mean that your friend cannot do it. A friend of mine and her brother convinced their mother to step outside of the door, and then they took her on either side and put her in the car and took her to the facility. I cannot remember why they felt it was "time" to do so, but it had something to do with her safety.

Also, adult protective services may help with getting police cooperation if the patient is a danger to themselves even if they are not at all violent.
 
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Its true that it can be difficult to get a patient with Alzheimer's out of their home and into a memory care unit if they are not cooperating, but its not always quite that dramatic.

However, what state is she in and who exactly told you that.
hi, as stated above we live il IL and "the police said that, also an elder law attorney told her that.. They said she had to wait until there was a definite reason (like yelling or threatening behavior to get the poice to get her out of her home."
 

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