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The assisted care facility has a copy.

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Why do you think she shouldn't see them?
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Sure. She can file a request for the paperwork and any of her medical records.
The question is..if she has been declared "incompetent", and if she is will she understand the paperwork and the legal wording within?
If you are POA for health or her Guardian you should also have a copy.
If this has gone through court she should also be able to file a request to obtain a copy of the court records.
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For sure.
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She has every right to see the papers. Her physical and mental health is absolutely her business, incompetent or not.
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Why shouldn’t she be shown them? She’s not a prisoner in a banana republic, is she?
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She may have every right to see her PAPERS but it would serve no purpose. If it’s possible to divert her I’d advise it.
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worriedinCali Oct 2019
Why does it have to serve a purpose? If she is asking, she needs to be shown the purpose. She still has rights. It is wrong, plain wrong, to without information about anyone’s health simply because YOU (not you specifically) think it wouldn’t serve a purpose. You wouldn’t accept that treatment from your doctor would you?
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Yes. She should get them, however, not from the Assisted Living facility, but from her own doctors, who adjudged her by testing. This should have been shared with her at the time. And there is no reason the ALF "can't" share them with her. It is just much more easily done through her physician.
Has any action been taken by virtue of these papers, such as guardianship? Because if she appeared in court to protest guardianship these papers would have been presented at the time to your mother and her lawyer.
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Yes. If anyone in the world has the right to see their own file, it's the person who the file is about. I don't even know why you have to ask.
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The original poster seems to have left the building so I guess we’ll just talk among ourselves.

Im clearly outnumbered in my opinion on the issue but I stand by my response.

Ive been through everything you can go through with elder care including all levels of dementia with both parents. I went through the guardianship process about 2 years ago. Mom and dad were served legal papers st their assisted living facility. Because they were both INCOMPETENT they forgot about it quickly. Had either of them ask for their crazy papers I would not have made them go through that again.

My goal has always been to keep my parents calm, make life as easy as possible as they get towards the end. I had to get into their reality and fib many times to keep them calm and happy.

i just moved dad 600 miles to be near me so I can look after him better. Mom died 2 years ago. He will ask me where my mom is. He can’t remember for 10 minutes. So I fib so that he doesn’t have to repeat his grief every 10 minutes. So I guess y’all would have me post her death certificate on the wall? Full disclosure, he’s got rights...all that?

Same thing with a demented persons request to SEE THE PAPERS. Why? How does this help them? If someone has been declared incompetent by a doctor or a judge they have to be pretty damn incompetent. It’s not taken lightly and can be difficult to get obviously incompetent people declared so.
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