Does Power of Attorney address the issue of health care and treatment? Does the patient have a health care proxy and POA for health care?
The instructions in the document tell third parties (like nursing homes, hospitals and doctors) who is authorized to make important decisions like where the patient will be cared for.
Talk with an elder law attorney who can give you an objective view of what your Mother's advance directive documents say, and review any potential conflicts and problems. Starting with this step can save you from costly misunderstandings, as illustrated in this case where a parent was relocated, using the power in a Power of Attorney.
DPOA does not normally have authority to make decisions about residence -- that is the role of the healthcare POA -- unless it is spelled out in the document.
Is Mother able to make decisions herself? Has she been declared legally incompetent? (Just having dementia does not equate to incompetency.)
If the DPOA has the power, listed in the document, to determine mom's place of residence, then yes she can move mom. If mom is getting appropriate care and is doing well where she is that may be a legal reason that a judge would consider to allow mom to remain where she is.
I have been there and provided excellent care for my mom with Alzheimer's Disease for four years. My dyfunctional twisted sisters, more concerned about their inheritance, one was DPOA, decided they did not want me caring for her. The courts became involved and ordered that if there was a less expensive solution that was also better care, then TS could move her. The judge had also found that mom was receiving excellent care and there was no reason to move her.
Mom paid me $2,000 a month and TS's could not stand that. So they started shopping, built a spreadsheet in an effort to show that it was less costly to have mom in a facility. I tired quickly of the battle and mom was moved in June 2015. Following the move there was a drastic decline in Mom that even required a geriatric psych evaluation due to her behaviors. And she entered the facility paying about $7,000 a month. Cheaper? Better care? Not by a long shot.
It was solely vindictiveness that twisteds moved mom, they did not understand how sick mom was. I had a letter from mom's doc stating the best place for her was in her home under my care. It did not matter to twisteds, the move happened.
My mom was placed on hospice about a month ago. Her husband, my stepdad passed three weeks ago. Now mom is declining again quite rapidly. Twisteds did not understand how sick mom was because in spite of being located within ten miles were just not able to fit caring for mom in their busy schedules.
You could get an attorney to fight it, spend plenty of your own money in an effort to show mom is receiving excellent, appropriate care but it is demanding, stressful and expensive to do so.
If the Mother is unable to make decisions for herself, then yes whomever she choose to represent her can relocate her if the POA feels Mom will get better care or be closer to the POA.
Wanda, sounds like you don't want Mom to be moved. Am I correct?
The instructions in the document tell third parties (like nursing homes, hospitals and doctors) who is authorized to make important decisions like where the patient will be cared for.
If there are conflicting instructions, or even conflicting documents, the health care providers won't know who to listen to. That's what happened in the famous case of Casey Kasem.
https://www.agingcare.com/articles/casey-kasem-case-health-care-proxy-170204.htm
Talk with an elder law attorney who can give you an objective view of what your Mother's advance directive documents say, and review any potential conflicts and problems. Starting with this step can save you from costly misunderstandings, as illustrated in this case where a parent was relocated, using the power in a Power of Attorney.
https://www.agingcare.com/articles/adult-children-sue-caregiver-176514.htm
Is Mother able to make decisions herself? Has she been declared legally incompetent? (Just having dementia does not equate to incompetency.)
I have been there and provided excellent care for my mom with Alzheimer's Disease for four years. My dyfunctional twisted sisters, more concerned about their inheritance, one was DPOA, decided they did not want me caring for her. The courts became involved and ordered that if there was a less expensive solution that was also better care, then TS could move her. The judge had also found that mom was receiving excellent care and there was no reason to move her.
Mom paid me $2,000 a month and TS's could not stand that. So they started shopping, built a spreadsheet in an effort to show that it was less costly to have mom in a facility. I tired quickly of the battle and mom was moved in June 2015. Following the move there was a drastic decline in Mom that even required a geriatric psych evaluation due to her behaviors. And she entered the facility paying about $7,000 a month. Cheaper? Better care? Not by a long shot.
It was solely vindictiveness that twisteds moved mom, they did not understand how sick mom was. I had a letter from mom's doc stating the best place for her was in her home under my care. It did not matter to twisteds, the move happened.
My mom was placed on hospice about a month ago. Her husband, my stepdad passed three weeks ago. Now mom is declining again quite rapidly. Twisteds did not understand how sick mom was because in spite of being located within ten miles were just not able to fit caring for mom in their busy schedules.
You could get an attorney to fight it, spend plenty of your own money in an effort to show mom is receiving excellent, appropriate care but it is demanding, stressful and expensive to do so.
Wanda, sounds like you don't want Mom to be moved. Am I correct?