Am I liable if my mother doesn&#39;t go to the doctor for her medical condition if I am the caregiver?

Deanna Lueckenotte, Sep 2, 2010

Deanna Lueckenotte is the author of "Alzheimer's Days Gone By: For Those Caring For Their Loved Ones." She plans to continue publishing books related to Alzheimer's and caregivers. She would also like to continue her education by obtaining her doctorate in geriatrics.

I agree with the comments of others left thus far. If you feel your mom is in an unsafe situation and you are unable to get her to change her mind about the care she needs you may need to call Adult Protective Services to help you and your mom figure out resources and options in the area. This of course is used when you feel you have exhausted all other alternatives and feel your mom is unsafe.
Wishing you strength, courage and happiness.
Deanna

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melody56

Aug 30, 2010

Do you have the Power of Attorney for your Mom? My sister has the POA for our mother and in Florida, she is legally responsible for Mom's medical care. I do agree with Minding Our Elders response. Your Mom may be more likely to go if one of her friends accompanies you. Elder care is very difficult, as my sisters as I discovered when we tried to help Mom with her finances and keeping herself and home clean. Mom had Alzheimer's and we did not know that at first. Mom thought we were trying to steal money from her and would not move in with any of us. I wish you and your Mom the best. Melody

anonymous11306

Aug 30, 2010

It is the medical POA that is the important one in this situation? In that case, you could call the ER and notify her doctor.

susanavello

Aug 30, 2010

I agree with the above. There are also Doctors that make housecalls....as I've come to recently find out! You might try checking into that in your area. Good luck, it's not easy....

anonymous11306

Aug 30, 2010

Furthermore, you must do what it best for your mother's care regardless if it makes her angry or not for that's what she entrusted you with the POA to do.

sylvester18

Aug 30, 2010

If she doesn't want to go to the doctor you can't hog tie her and MAKE her go. If she is doing things that can be harmful to another person or herself, you can call paramedics to take her to the hospital ER for evaluation. They will do a full vital organ check up while there. You cannot be held liable for her not getting medical attention if you are not her poa over medical decisions. If she looks like she is being neglected, you COULD be held responsible for elderly abuse. Keep the cupboards stocked, her clothes clean and the house clean, and hopefully she keeps herself clean. And her bills paid.

hapfra

Aug 30, 2010

I too am in agreement with Carol on this----as checking with an elder care attorney or agency will most likely give you some peace of mind on how to proceed from here.

If you indeed see that your Mom is in need of medical attention-you might want to speak with your or her PCP-and explain the symptoms that you have observed.

Best to you and your family,

Hap

donahueg

Aug 30, 2010

As an administrator of an assisted living, I see similar circumstances: In this country an individual's right to self determination is strongly protected. Even when someone has obviously lost the ability to make sound decisions, unless a court has appointed a guardian, their rights are protected - even from their children.
So the short is no. (I am not a lawyer, only a gerontologist, so don't take my word as gospel). You will not be held liable.
But you CAN call Adult Protective Services and they will send a PET team out (psychiatric evaluation team), and if they find that your mom is either gravely disabled, a threat herself, or a threat to others they can hospitalize her on a 72-hour involuntary hold. Which is ussually an opportunity to get her evaluated and on medications.