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richardkoros1 Asked November 2019

I have a 95 yr old mother with severe dementia. I have her POA and she is still living alone in an apartment. Can I be held liable?

Can I be held liable if I don't get her into a facility of some sort and something bad were to happen at the apartment. Please advise. Thanks

AlvaDeer Nov 2019
It depends on what you know to be the case. POA acts in behalf of a person, performing at the persons behest to do things the person wishes done. When the person is no longer able to make any decisions the POA acts as he/she feels the person represented would want done. You are not the guardian unless I have missed something, because the guardian is in charge of the EVERYTHING involving this person.
Are you telling us that you recognize that your mother is in danger due to dementia? If so you certainly are MORALLY responsible, whether or not a state decides that you are responsible in fact. How safe is your Mom? If she is not safe then you must act. It's that simple. I think no matter what the law is.

JoAnn29 Nov 2019
You have the POA use it. She no longer can make informed decisions about her care. She needs to be in LTC. Can she privately pay for a while? Best way to go. Make sure wherever you put her, they except Medicaid. When her money runs out, you will need them. If she can't privately pay then u need to talk to Medicaid. You will have about 90 days to apply, meet the criteria and place her in LTC.

If she is resistant, then call in APS to evaluate her situation. They may be able to help you get her placed. You will also look like a concerned child.

Good Luck

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anonymous912123 Nov 2019
If APS services are called in for any reason, it can get very sticky. If they feel that she is not being properly cared for the state can get guardianship of her, this can turn out to be a real mess.

You have her durable POA, use it to protect her, start looking at homes and the options available for her. Do it before something does happen.

Alphabase Nov 2019
You should either consider either having her at a facility where she gets 24/7 care or get in home health aid services that is 24/7. Sometimes they will even offer a sleep in aid for these situations. Elderly people in that situation are considered to have reverted to a child like frame of mind. Very few logical thoughts and unsafe decisions are made without thinking things through. We were all once children but then as elderly adults, we become children again. Think about it. Some sought of care must be put in place for your mother ASAP. They are not responsible for their actions or any consequences of bad judgement they make when in this frame of mind. As far as legalities are concerned, I cannot help you with that. Just the proper moral judgement to make. Your mother needs you as you needed your mother when you were a child. Think about it! Take the next step and give her the proper tender loving care she needs.

EllenSW Nov 2019
Sorry, but YOUR legal liability isn't the issue. You agreed to be responsible for another human being! If you aren't willing to be responsible for them you need to resign your POA immediately. Would you leave a child with this person's level of ability alone to care for themselves? It's the same thing. Think long and hard about what you have committed yourself to do for this person. You are responsible for the end of life experience this person will have! And remember, nothing is wrong with you if you decide you may not be the right person for the job.
richardkoros1 Nov 2019
Thank you Ellen. I needed to hear that from that perspective instead of thinking only about myself. I just have to do what I committed to do . Have a great day.
MAYDAY Nov 2019
Look for places near you, close by. Do take tours, and be quick. Is anyone else around mo to check in on her? If not.... find a nice place close to you

Geaton777 Nov 2019
You will need to check the laws in your state. If she has severe dementia, why isn't she in a facility? Who is taking care of her on a daily basis?

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