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He has been in the hospital in CA for over a month and we were finally contacted a week ago. We can move him to a care facility and VA will cover it. Our problem is once we check him out of the hospital, if he refuses to go with us, we have no legal right to force him to go. We live in ID and would like to have him closer to see his care is good and provide for his wants as well as his needs. CA will not recognize a guardianship from ID and Id will not from CA. Our attorney sats even with a guardianship from CA, legally we could not force him to accompany us once we walk out the front door of the hospital. We would rather not see him made a ward of the state. Any suggestions?

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We live in Las Vegas and are currently going through the same thing with my mother in law. Although we have Power of Attorney, it isn't enough. Therefore, before we set her up with a care facility, our attorney, who's mother also had Alzheimer's, advised us to create a Durable Power of Attorney for the DESIGNATION OF HEALTH AND PSYCHIATRIC CARE AGENTS. Basically, this Durable POA allows us to make living and health care decisions for her so that she can't refuse what is in her best interest. Below is a paste of what is within our drafted document....you may want to present it to your attorney for review and hopefully this will help you. Good luck to you, and God Bless. P.S., I'm a former Idaho native...grew up in Boise and visit often.

I (insert name here) designate and appoint (insert names, addresses, phone numbers here) as my agents to make health care and psychiatric care decisions authorized in this document. For purposes of this document, “health care decision” means consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition. For purposes of this document, “psychiatric care decision” means consent, refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition.

2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By this document I intend to create a durable power of attorney for health care and psychiatric care.

3. GENERAL STATEMENT OF AUTHORITY GRANTED. Subject to the limitations in this document, I hereby grant to my agents full power of authority to make health care and psychiatric care decisions for me to the same extent that I could make those decisions for myself if I had the capacity to do so. In exercising this authority, my agents shall make health care decisions that are consistent with my desires as stated in this document or otherwise made known to my agents, including, but not limited to, my desires concerning obtaining or refusing or withdrawing life-prolonging care, treatment, services, and procedures.

4. INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO MY PHYSICAL AND/OR MENTAL HEALTH.
Subject to any limitations in this document, my agents have the power and authority to do all of the following:
(a) Request, review, and receive any information, verbal or written, regarding my physical and/or mental health, including, but not limited to, medical, psychiatric and hospital records.
(b) Execute on my behalf any releases or other documents that may be required in order to obtain this information.
(c) Consent to the disclosure of this information.

5. SIGNING DOCUMENTS, WAIVERS AND RELEASES.
Where necessary to implement the health care decisions and psychiatric care decisions that my agents are authorized by this documents to make, my agents have the power and authority to execute on my behalf all of the following:
(a) Documents titled or purporting to be a “Refusal to Permit Treatment”, “Leaving Hospital Against Medical Advice”, and “Admission for Psychiatric Care”.
(b) Any necessary waiver or release from liability required by a hospital or physician.

6. PROR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.

I sign my name to this Durable Power of Attorney for Health and Psychiatric Care on ______________, 2010 at Las Vegas, Nevada.
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