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Q
Quilting Asked August 2018

If you are POA of your parents and they wish to leave the assisted living that they are in, are you responsible for them?

JoAnn29 Aug 2018
Believe me as POA the facility cannot "let them go". They could be sued allowing incompetent people to leave the facility. Your parents cannot sign the paperwork it would take relieving the facility of any responsibility. Only you can get them out,

wally003 Aug 2018
my parents 'wished' constantly to leave AL. But fortunately for me, they had no way to carry out their plans. if one of them was ever successful in 'escaping' ~jail~ ........

....then i wouldn't consider it my fault.

my parents were in AL for their safety(dementia). if they left and got hurt, i wouldn't consider myself being responsible for what happened.

is that what you mean?

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JoAnn29 Aug 2018
Your profile says there is Dementia here. If that is the case, your POA becomes in effect. The are not competent to make that decision. You now make it for them.

MargaretMcKen Aug 2018
You need to read the POA document carefully. Many Powers only activate when the donors (ie your parents) are not competent to make their own decisions. You can rarely over-ride their wishes if they are competent, in any case. Personal liability would probably only arise if they are not competent and you stood back and let it happen. You need an assessment of their competence, and some help in talking through with them why they are not happy where they are and what better options are available. It can be helpful to find a ‘three month trial’ in another option, so that they can see for themselves if they are being realistic about something else being better, without burning too many bridges.

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