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My mom has a living trust, will, and advanced directives. She has now been deemed Dian by her disability panel. I have POA, I'm the trustee. I also have durable medical POA. Sadly it has come time to place her into an assisted living. She won't like it and we will probably be met with resistance. Do I need to apply for guardianship or is everything covered under all the documents and per-planning that has been done?

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Ah, isn't this such a huge painful challenge when all you are trying to do is the best thing for Mom? My heart goes out to you.

Perhaps it would be relatively straight-forward for you to obtain guardianship. Discuss it with the lawyer who set up the pre-planning documents. Perhaps if your lawyer discussed the terms of the trust with their lawyer, that would be enough to settle the issue.

We place a very high value in our culture on independence. We strongly protect our citizens from encroachments on their freedom of action, and rightly so, given our values. But that can make it difficult to step in and do what needs to be done for people who really cannot act in their own best interests. I'm sorry that you are caught in this difficult situation. I hope that your lawyer can guide you in the path that will have the fewest potholes!

Bless you for trying to do what is best for your mother.
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She has been declared incompetent by her Dr as well. When you ask her where she wants to live because she doesn't want to live here anymore she will say she wants to live in a home that was her child hood home that has been destroyed years ago. When I tell her that, she says she just wants to die. She is really only oriented to person. She's angry, combative, and mean. Sadly I think an assisted living that specializes in dementia may make her a little happier. Her trust addresses situations like this but the home says they need guardianship.
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Does her doctor consider her incompetent to make her own decisions, as well as disabled? (The two are quite different.)

I see in your profile that she has dementia and is living with you. I don't think that any of those documents gives you the authority to decide where she lives. But you certainly have the authority to decide who lives in your house. If you say you can no longer keep her safe and care for her in your home, what are her realistic options? What would she want to do?

You may need guardianship to place her against her will. And you probably cannot obtain guardianship unless she is declared incompetent by a court. And that (as I understand it) takes into consideration medical opinion.

The best outcome would be for her to go willingly to assisted living or a memory care facility or whatever care center is most appropriate. Does she know anyone in such a place? Have you visited various options with her?
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Sorry it should say disabled deemed by her disability panel.
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Could you explain with Dian is? I was not able to find it in a search.
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