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goodidea Asked January 2022

Do I need something called Petition for Guardian? What can I do??????

My mom lives with me, she is 91 with dementia and I am 73. She has been with me for 5 years now and she is starting to get mean. She hit me in back of legs with cane because I would not run in and make her lunch at 10:30am. She just had breakfast at 8am. She wants to go to a place out of state where she used to live and never see me again. I have POA for financial, durable health care, and living will. Someone told me I need Guardianship or she can walk out of wherever I put her. Do I have legal right to put her somewhere near me so I can visit her and take her to doctors and home for holidays? I am really not able to keep up with her.

JoAnn29 Jan 2022
If Mom has been formally diagnosed with Dementia, your POA should be enough to place her. I would have her checked for an UTI. There's meds to help with her aggressiveness.

MJ1929 Jan 2022
Yes, you can place her in a nursing home with a POA if it's in her best interests and she isn't competent to make that decision.

It'd be a good idea to get a letter stating her competency from her doctor, but you don't need guardianship.
lealonnie1 Jan 2022
I did not know that! What about Memory Care AL, same thing?

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lealonnie1 Jan 2022
I'm sorry you're going through this with your mother & her progressing dementia. She would have to agree to go into a Memory Care AL or a Skilled Nursing Facility in order for you to be able to place her there; POA alone is not enough to be able to do so against her will. She could walk out, but not literally because the doors are kept locked, but she could insist on getting out of the place and call a lawyer to help facilitate it, I suppose (depending on how advanced her dementia is). So yes, you would need guardianship to place her in managed care against her will.

Have you tried talking to mother to see how she feels about going into managed care? If she's against it, go speak to an Elder Care attorney for guidance on getting guardianship over mother.

Wishing you the best of luck with a difficult situation. My mother is 95 next week with advanced dementia & living in Memory Care AL since June 2019. I had both of my parents in AL since 2014 and Independent Senior Living since 2011 b/c living with me was never an option, as I knew it would be a bad idea. I hope you can remedy this situation; I feel for you.

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