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She went into hospital for stomach pain and wound up in rehab. Because of a psych evaluation in rehab, they won't discharge her until 24/7 home care is in place. I disagree with evaluation. She’s set to be discharged Monday. Didn’t know what to do so I want her to go to respite care until I can figure this out. But they want me to sign papers and I don’t have guardianship and if they’re saying she has dementia how can she sign the papers herself? I am so confused. Do I need a lawyer?

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As a caring daughter trying to do the best for your Mom, please make arrangements to speak to a certified elder care attorney so that you can get a durable Power of Attorney and a Medical Health care proxy. When you have a POA and sign as such, you are not financially responsible (although you must be acting in the best interest of your Mom; failure to do so will result in criminal charges. example - Mom hits the lottery for 300k, you give her 10k and blow the rest on a vacation and a Porsche. They will definitely come for you!)
Make sure the attorney is a certified elder care attorney (a lot use the title but aren't really members, so google the National Elder Law Foundation find out who they have certified. And check out the various members because they price over a wide range. Several years ago in NJ I was looking for a lawyer to create a POA and health care proxy for me and the prices ranged from 440 - 1800! Shop around.
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Make sure you tell them that if 24/7 care is needed she would be an unsafe discharge and you cannot provide that care.  Hopefully once she gets to respite they will evaluate her and maybe provide you with a clearer picture of her needs.
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Your post is a little contradictory. "they won't discharge her until 24/7 home care is in place" and then you say "She’s set to be discharged Monday" It can't be both ways. If you are not ready to have her come home, then they can't discharge her. This would be your respite but Mom will probably pay out of pocket for the time there. Medicare will not pay if found she has hit a plateau. If you disagree with the findings, request another eval by a different doctor.

Just read your response to Ann. 24/7 care means someone will be with her 24/7. Why can't you tell them you will be taking her home with you?Or you will be moving in with her? (I don't think they send someone to check on you) Once home, you can evaluate her. Being in the hospital and then rehab can play with an elder person's mind. And you had COVID on top of that. Give her a few days to readjust to her surroundings. If possible or when possible, take her to see her doctor. If you are working can you take some FIMA time to give you some time to evaluate and maybe have to set things up?

Have you read the papers? If they are just you signing as a responsible party then I see no problem. If they are saying you personally are responsible financially for anything not covered by Medicare then don't sign. If Mom understands what she is signing then she can. I also suggest that if Mom understands what a POA is that you see a lawyer ASAP and have them, financial and medical, drawn up. It will save you time and trouble in the future. Then you just sign your name with POA after it. This means ur Mom representative but are under no financial obligation.
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Joycat Jun 2020
Thanks for your response. Sorry if I sounded contradictory. What I meant was she is set to be discharged from rehab on Monday right into Respite Care until I figure out what she needs at home. I'm aware the Respite Care is out of pocket.
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Can you simply say " no, I dont have the authority to sign. Mom needs to do this herself"?

My mom, post stroke was taken to rehab, not able to speak and sort of " out of it". My brother, POA was unable to be on hand, so when they brought ghb ht the admissions paperwork with "responsible party" I knew that wasn't me. I handed it off to mom who scrolled something on the dotted line.

She already had a dx of MCI at that point. She was diagnosed with dementia a few weeks later.
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Joycat Jun 2020
Just heard from Respite Care and they said my mom can sign her own paperwork even with having dementia.
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If you have access to a lawyer who has training in geriatric issues you may be able to get informative answers to your explicit, current situation related questions.

How old is your mom? What condition(s), incident(s), and behaviors caused her to be placed in rehab?

What was her living situation before she entered rehab?

What specific statements do you disagree with in her evaluation? How does the most recent evaluation differ from past evaluations, if any?

What arrangements will you plan to provide for her care? Have her care needs changed since she entered rehab?

Is there a PoA in place?

As you consider these questions, try as much as possible to answer them objectively. Doing so will help you to present your “case” for your intent in caring for her more meaningful when discussing her situation with the caregivers who are dealing with her present needs.

Difficult to do, but try to think as calmly as you can. Better for her and for you. You are a concerned and diligent daughter. Stay focused on helping her get the care she needs, even if you have to consider some possibilities that aren’t exactly what you’d prefer.

Hoping everything works out as well as possible.
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Joycat Jun 2020
I appreciate your response. Mom, who is 80, was living alone with mild aphasia, which prevents her from finding the words sometimes to express what she wants to say. After speaking to psych, I believe psych misinterpreted some of her answers. At the end of our conversation, psych said "...but you know her better than I do."

Before this happened mom was driving, shopping, going to her doctor appointments on time, cooking...etc.

There is no POA in place.
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