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renee9093 Asked June 2011

If I have POA for my mother can they legally force my mother to go to a mental hospital to be evaluated?

She is very happy and active, she loves to talk walks. Unfortunately on one of her walks she met a neighbor. A woman who felt the need to call adult protective services and tell them my mother was being neglected. APS called me, I let them come to my house and evaluate my mother. They are telling me that she needs to be on meds and she needs to go into a mental hospital for 14 days to be evaluated further. I refuse to let that happen. I can take my mother to the Dr.
Can they legally force my mother to go?

Mare33 Jun 2011
I didn't see anywhere in the question where Mom had dementia. Did the neighbor just assume that bcuz your mom is older she must be senile? I do find there's a lot of misconceptions out there. I never heard of anything longer than a 72 hour hold.

jeannegibbs Jun 2011
Wow, that seems extreme. I'm glad APS takes their role seriously, as I'm sure there are a lot of neglected and abused vulnerable adults out there, but this is hard to understand.

Are they accusing you of neglect? Is the hospitalization something they are recommending based on their observations of your mother, or is it posed as an order? Are they threatening to make her a ward of the state? Have they said what will happen if you decide against the hospital stay?

What kind of dementia does your mom have? What are her main symtoms at this point? How long has she had it? Is she being treated/followed by a doctor with in-depth knowledge of dementia? What does the doctor think is best for Mom?

There is no cure for most kinds of dementia, but there are medications that can address symptoms and improve quality of life. Maybe a thorough geriatric evaluation would be a good idea, but 14 days in a hospital seems a bit extreme as a first step. On the other hand, several people in the support group I belong to have had their loved ones treated on an in-patient basis so they can be carefully monitored as their complicated drug routines are adjusted. Then they go home or back to their long term care facilities a little more stable.

Hugs to you as you deal with this. Please keep us informed, we care.

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newtonjoyce Jun 2011
Did the neighbor think because she has dementia she shouldn't be out? What kind of psy test can they give to someone with dementia? My dad has it. He feels like a prisioner here because I won't let him hitch a ride with a trucker so he can go back home 2000 miles from here. He got a mile down the road 2 days ago before a kind neighbor called me. He refused to get in her car to come back. I never know when I go somewhere if he will still be home. I cannot take him everywhere. I have to now chain the gate before leaving to deter him.
I have to keep reminding him that we are going back for a visit next month. Is that neglect or what? If he doesn't shave and/or shower for 3-4+ days is that neglect or he just refuses? Give me a break and tell the neighbor to mind her own business.
I'm with you but it's like the police stopping you to search your car. Don't let them without a court order or it may lead to bigger trouble believe it or not. Thanks for listening.

NancyH Jun 2011
So all the children out there that are in a REAL need of DHS to protect them, are instead running around telling you what to do with your mother that has dementia?? They have entirely too much time on their hands. I'd call your mom's doctor and lay it out for him/her and see what they say.

vstefans Jun 2011
That sounds bizarre! Usually what you did is exactly the right thing to do - let DHS come and investigate, and they usually unfound things that are not what was reported. "Usually" is, unfortunately, not always...so what/why did the neighor think seemed like neglect? And - your idea of going to the doctor sounds good -could you satisfy DHS by getting her in for a comprehensive outpatient geriatric eval?

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