Follow
Share

My mom is 84. She cannot ambulate at all without a wheeled chair and someone to push it. She is of sound mind and generally pretty sharp. Her cognitive skills are good other than financial stuff, medication organization, forgetfulness. She has hired caregivers for most of the day with small gaps in time(she generally takes naps during the gap times). Her last caregiver of the day puts her to bed and then she is alone overnight until the next caregiver wakes her up in the morning. My older sister and I are responsible for her care decisions, but she is very independent minded and strong-willed and participates in discussing care decisions too. My sister spends a lot of time with my mom, with extended stays lasting weeks. When my sister is not there, my mom strongly does not want a caregiver staying overnight. But some extended family members have suggested she should never be left alone for extended time and have been giving us a hard time. I am wondering what the legal ramifications are. I have always thought that if my mom did not want anyone overnight, then we should honor her opinion. But now I am wondering if my sister and I would be held legally at fault if something were to happen overnight when no one is there (like a fire or my mom falls out of bed, etc). I've looked up elder law attorneys but it seems like they are very expensive, have a long waiting period for consultations, and my questions are pretty limited to just this (we already had power of attorney and similar paperwork done for financial things). How can I get my legal question answered simply and timely? Does anyone know the legal ramifications? Do we have anything to worry about? My mom would not want us to get in trouble of course.

Many elderly people are left alone in homes while their loved ones are working jobs.

Mom does not want overnight caregivers. She seems to be able to function during the overnight period. Make sure she has operational smoke alarms in the house and phone next to bed.
Helpful Answer (2)
Reply to brandee
Report

I'm wondering if there is a smoke alarm that can go off at her house and your house, so you could call 911, if your mom can't?
Helpful Answer (2)
Reply to Anxietynacy
Report

About 20 years ago, I did care taking, for a blind women , crippled with arthritis, she was not a senior, but of sound mind. We left her alone, from 9p to 9a. it was paid by the state, and they did home checks. They wouldnt pay for more care and new she was left alone. Laws have changed and states are all different.

I think the camera idea is awesome, if not, I would make sure she can reach her phone and it's working good when someone leaves
Helpful Answer (3)
Reply to Anxietynacy
Report

Sorry that you are in this challenging situation. I read this of interest as I have had several friends family members left at home at night who have since passed on. I’ve read all the threads posted. Agree with offering these extended family members to share the burden of the night shift and come and stay with your mom. or ask them what their issue is with her being left alone and say thank you very much. If they ask again, say it’s taken care of and say nothing else. Until they’ve walked in your shoes it’s their own opinion. Rather a legal issue it appears that this is an ethical Legal issue. With ethical issues there is no right or wrong. Have the discussion with your mom regarding your concerns about being left alone at night, if she accepts the consequences, then that is her decision.
Helpful Answer (3)
Reply to Kaysmile10
Report

@BurntCaregiver
I am suggesting using a camera to monitor Mom overnight, which is better than leaving her alone. At least with a camera the daughters can monitor Mom overnight. Maybe she never wakes up. My Mother sleeps all night and never needs assistance overnight. I sleep at her place or an aide does because cognitively she cannot be alone. The lady here says her Mom is cognizant. I know a few people who do this to monitor parents and it works well for them and their situation. Just a suggestion. I understand she's bed bound but how many elderly folks live alone that are either bed bound or can barely get around independently? And how many are in nursing homes and are neglected? Caring for the elderly is not easy that I know for certain. I'm thankful to have this forum!
Helpful Answer (4)
Reply to Surviving
Report

There are cognitive tests that doctor or trained provider can administer. MOCA is one.
Helpful Answer (0)
Reply to AliOJ58
Report

KaseyL: Imho, a bedridden elder should not be left alone at night, i.e. what happens when she requires toileting assistance at 3 A.M., for one? Logicality outweighs legality.
Helpful Answer (2)
Reply to Llamalover47
Report
KaseyL Jan 13, 2024
She wears adult diapers which get somewhat wet overnight but she is able to manuever onto a bedside commode if really needed (for a bowel movement). It just takes her a long time. It's pretty rare for her to need to do that though. The bedside commode is just in case.
(0)
Report
I find some of the answers here really weird. I know a lot of elderly people who live alone and aren't bed bound but wouldn't be able to escape their flats without help in case of a fire. Is everyone in this situation to be sent to a facility for their "safety"? Deprived of their liberty for maybes and might-happens? Disabled friends who live alone and couldn't escape without help don't have overnight carers: they have plans. Cognitive impairment is, of course, something else.
Helpful Answer (12)
Reply to BertieBanks
Report
AlvaDeer Jan 11, 2024
BertieBanks
I think the difference would be leaving someone mentally incompetent. That shouldn't be done.
If you are competent and bed ridden and a fire starts you call 911 like everyone else.
You must understand that someone unable to act or react to castrophic occurance because of dementia cannot safely be left alone?
(4)
Report
See 3 more replies
maybe you can talk her into trying it for a little while, she may end up liking having someone around. My mother objects to the idea of 24/7 help but we hire a friend of mine who is a nurse to help her for a few days each week. Since my friend lives near me, which is a two hour drive from my mother’s, she spends the night there as well. My mother is now disappointed when she has to go home. Personality does play a role however, I can’t imagine my mother ever wanting her other caregiver there over night. My mother still claims that she doesn’t need anyone except maybe to walk the dog and help her put on a compression sleeve but there are many things she claims she can do but she enjoys having other people do it once she’s had the help. Finding a good match is the hard part but if you can and you can get her to just try it for a while rather than telling her this is it from now on, she may decide on her own that it isn’t so bad.
Helpful Answer (3)
Reply to Animallovers
Report

You're worried about Legal Issues? There is no certainty in Life, more so
when you are old, dependent and frail. (me) No one is in your shoes. Just do what you can and respect her wishes when possible.
Helpful Answer (8)
Reply to gwolfdog
Report
brandee Jan 27, 2024
Agree with this response. Make sure Mom always has a phone next to her and numbers to call for police, fire and you.

We were in this situation. Dad did not want overnight caregivers. We respected his wishes.
(0)
Report
Although I am not sure of the legal ramifications and your Mom's safety, how about installing a camera so you can see her overnight? I know some people that have done this and it works well for them along with a medical alert system in place for emergencies. If your Mom is of sound mind and can call for help if needed this may work for you. Of course I am not an expert, I'm just thinking this may be a temporary solution?? Best of luck to you and your sister. Caring for elderly and disabled parents is not easy!
Helpful Answer (5)
Reply to Surviving
Report
BurntCaregiver Jan 11, 2024
@Surviving

The woman is bedridden. She cannot transfer herself from the bed to the wheelchair.

Who is going to monitor these cameras all night long? What if there's a fire or someone breaks in? A camera is not going to help a bedridden person.

There's two choices here. Either she accepts an overnight caregiver in the house or she goes into a nursing home. There are no other feasible and realistic options here.
(8)
Report
One for ‘Sample’. My two babies were in child care, for short hours part time, almost from birth. Unusual reasons, but it worked. Loving child care workers adored having such tiny babies, and certainly ‘changed their diapers and cleaned their bed and fed them’. The obligations were clear, and so was the love.

I have ABSOLUTELY NO WILLINGNESS to find those workers and deal with their bodily functions decades later. I too can 'look deep inside myself'. I have decided ‘what kind of person’ I am, and is someone with some common sense.
Helpful Answer (6)
Reply to MargaretMcKen
Report
MargaretMcKen Jan 10, 2024
PS Thinking about this reminded me of going up in the lift near the CC Center with my first baby in a basket bassinet. A 3 year old in the lift looked into the basket, and said to her mum “that’s Jenny”. It was a startling lesson to me that Jenny’s existence was separate, and I didn’t count!
(1)
Report
See 1 more reply
I posted earlier but want to add something.

OP states that mom doesn’t want help overnight. Why is everyone allowing her to call the shots? Call an agency or private caregiver and hire someone.

I can’t understand why people are afraid to hire additional help. Saying that ‘mom or dad’ don’t want it, isn’t a valid reason not to hire someone.

What can a feeble elderly parent possibly do if a caregiver shows up to deter them from staying?

My husband’s grandfather fired his housekeeper and caregivers on a daily basis. They were instructed to ignore his rants. They did an excellent job and guess what? He got used to them being there and appreciated their help. Even if they don’t appreciate the help. So what! Everyone needs a break! They will surely survive having a caregiver overnight.

Pay the hired staff more than the going rate in this situation. Trust in their ability to handle it. Don’t micromanage the situation, then sit back and allow them to do their job.
Helpful Answer (7)
Reply to NeedHelpWithMom
Report
Tiredniece23 Jan 10, 2024
But what if the elder refuses to pay? It should be coming out of their pocket, after all.
(2)
Report
See 2 more replies
Forget the legal question. Do you love your mother. Are you willing to take care of her. Change her diapers and clean her bed and feed her like she did for you when you were a baby. Do you feel an obligation to return the favor? If not does she have the money to hire it done? I can tell you most people prefer to stay in their own surroundings. Look deep inside yourself and decide what kind of person you are.
Helpful Answer (0)
Reply to Sample
Report
NeedHelpWithMom Jan 9, 2024
Ouch! Please don’t equate hands on caregiving to love. I loved my mother and I did do the hands on care for over a decade.

People who hire someone to do the hands on care or place a parent in a facility are equally capable of loving their parents. They are smart enough to know that it is important to love themselves too.

I only wish that I had found this forum sooner because I could have known this for myself. Being a primary caregiver is very difficult.
(23)
Report
See 8 more replies
If Mom knows when and how to use her emergency button then she is probably OK. Does she wander at night? And does she get up to use the bathroom or a bedside commode, or wear a disposable undergarment for overnight accidents? We left my mom alone overnight because once she was in bed she stayed there, asleep, until woken in the morning.

If your mother stays in bed all night you need to make sure she has good working smoke detectors and any other alarm you feel is appropriate for her home, as well as wearing her call button to bed. Until you are her legal guardians or she lives with one of you, you are not liable for what happens in her home.
Helpful Answer (12)
Reply to DrBenshir
Report
Beatty Jan 9, 2024
Best answer. Follow this.
(2)
Report
See 1 more reply
If a fast-moving fire hit the house in which I am with my mother 24/7, I doubt very much I could get her out in time. I'd have to get her into the chair, set up the ramp (assuming these weren't in the part of the house on fire), maneuver across multiple thresholds. We have strategies for these things during the day, but in the middle of the night in a house filled with smoke? Yeah right.
I'd die trying to get us out, but that would pretty much be the end for both of us.  This final scene would be pretty gruesome, but you know, we've both had a good run.

I also find the discussion ageist. Maybe a bit sexist, too.
(Imagine the movie Rear Window except now Jimmie Stewart is legally required to have a full-time babysitter. Blech.)

People in this thread are gathered around a campfire telling scary stories. Every one of us posting here will be dead of something or other before long, and many of these deaths will be drawn-out horrors in places that are happy to cash in on run-amok safetyism. 

You know what else isn't safe? Cycling. Horrific stuff happens to cyclists all of the time. Maybe we should get all of these people assessed for mental impairment and have them institutionalized.

There is no perfect safety.
We are all going to die, some more horribly than others.
Deal with it, people. And stop indulging your own death denial by stripping older people of their civil liberties.
Helpful Answer (12)
Reply to AndSoItGoes
Report
sooohappy Jan 9, 2024
I agree with you 1,000,000%.
👏🏻👏🏻👏🏻👏🏻👏🏻👏🏻
(4)
Report
See 6 more replies
Firstly, your Mom is lucky to have such kind and caring children.

Are the extended family members who are nagging you about your legal responsibilities volunteering to spend the night with Mom? I doubt it: however her immobility at night is worrisome particularly in the case of fire as other's have pointed out. Even with the strategic placement of alarms and detectors, most people have no idea how fast a fire can move and the toxic fumes that it can create. Her argument about the house never having had a fire is irrelevant. You've never had a baby until you have to push the first one out!
Perhaps you might consider this. Have her PCP give her a full body and mental exam. If he/she is really on the ball they will order MRIs and neurological tests of the brain. That's a good way to get her seen by a neurologist who specializes in gerontology ("oh, my associate Dr X should see your MRI") -- sometimes you have to manipulate and fib! Then you can get a dx regarding dementia. If she is deemed to be mentally sound (which can change within months) she has the legal right to say where she wants to live but maybe tell her the story that some else posted here about the poor woman who died in the fire. Not being able to move and being alone at night............... that just worries me regardless of her state of mind. Death by fire.......... even if you are lucky to be asphyxiated by the smoke first, is not easy.

If she is not competent, then the PoA needs to sit down and have a serious discussion. (by the way.... read the PoA document and see what type it is and if it covers medical health; does Mom have an advanced directive also?

Wishing you good luck and peace on this journey. Please keep us updated.
Helpful Answer (4)
Reply to geddyupgo
Report

Margarets response made me remember something that happened with two of our clients. I worked as a secretary for our VNA.

We had this couple living in a trailer. At least one, the husband was in a wheelchair. The head nurse had been telling the daughter her parents were no longer safe in the trailer. Seems the hallway to their bedroom just fit the wheelchair let alone be able to get it in the bedroom door which took a nurse to help him with. There were two hospital beds in one bedroom. The phone was almost out of reach and many times the Dad would knock it on the floor trying to pick it up. Our nurses would go in every morning and get both husband and wife dressed and out to the living room for the day. Getting them something to eat. The daughter would go by after work and get them dinner and into bed. They were alone the majority of the day. I think the wife was the better of the two but they needed more help then our nurses could give. My head nurse called APS. Told them if there was a fire the couple would not be able to get out. And told them about the phone. APS investigated and concluded that the couple had everything they needed and were being cared for appropriately. One day our Nurse went to get them up and out. The wife had died in her sleep. The husband was then taken to his daughters and we continued to see him till his death.

So, what I am saying, is APS does not always do what we feel tgey should.

Kasey, what I would recommend is getting APS or Office of Aging in there to evaluate Moms situation. If they feel that Mom is OK without night help, then ur off the hook. Get it in writing. If its found that Mom needs someone there during the night, then Mom will need to hire someone, a family member stay with her or she is placed. If this is not done, then you maybe held liable. A question for the person who evaluates the situstion or a lawyer.
Helpful Answer (4)
Reply to JoAnn29
Report
geddyupgo Jan 9, 2024
I agree with your statement JoAnn29. We are both in NJ and that is the way APS is bound by law to operate. If the person is not in immediate danger... all well and good. They will not go into the "but what If" scenarios.
APS, like many government agencies throughtout the country, is understaffed because it costs money to hire people and if they are government hires, the money for salaries and benefits comes from taxpayers and you known how people feel about paying taxes to begin with (until they or their family member needs help, then the tune often changes.radically). It is very possible that APS works differently in other states but I have a feeling that unless someone is immediate danger... not much will happen. I ready the APS statement on the NJ website about when APS could act and what they could do... not much.
(1)
Report
There are no black-and-white answers to your question. No lawyer would ever tell you "No, you are not legally bound to provide overnight caregivers." At best you'll get an "It depends" and considering that you and your sister *know* that your mother is bedridden I suspect any lawyer would tell you that while you're not legally obligated to provide anything - your mother is an adult who has not been deemed incompetent - questions would be asked if she were to die of unnatural causes like a fall, fire, etc. and it would be unpleasant at best and, at worst, involve the courts.
Helpful Answer (4)
Reply to NYDaughterInLaw
Report

look into a pro bono consultation offered by many law schools. I did that when I was sorting out my parents finances. I had a free 30 minute consultation that answered my questions with free follow up sessions if needed via email.
Helpful Answer (2)
Reply to Frances73
Report

I am wondering how you people ever get insurance, considering the number of fires that burn houses down. Or if you get it, how you afford the premiums, which must be astronomical!

And the legal liability issues! The justice departments must aching to get their hands on real crime, if they are reduced to prosecuting carers because they weren’t having elders watched all night, in case the next fire visits their house. Just when I thought there was enough serious crime in the USA to keep them busy, it seems that they are reduced to smelling out unintentional ‘elder abuse’??

This is starting to sound a bit over-the-top!
Helpful Answer (4)
Reply to MargaretMcKen
Report

All this discussion about fires - I just recalled a situation when I'd just moved into a house. I couldn't sleep, it was the middle of the night, and I walked into the kitchen to get a snack. When I looked at the tile backsplash between the refrigerator and the stove, where there was an electrical outlet, for some reason I reached out and touched the tile. I'll never know why I was compelled to touch it. The tile was burning hot. It shouldn't have been.

I went to the circuit breaker box and flipped the appropriate switch to OFF. The next day, an electrician investigated and found that the wiring behind the electrical outlet had melted inside the wall. There was no warning, and the house had passed the pre-closing inspection only weeks before.

Fire avoided. You never know.
Helpful Answer (2)
Reply to Fawnby
Report

I think BlueEyedGirl is spot on. Cognition is key here.

Also the practicalities like home setup, alarm types & how fast help can arrive can be factors.

It's given me more to think on today.

I'm considering the differences:

'Meg', 'Bob' & 'Lee'
All alone overnight, bedbound (or poor mobility). Can use telephone ok, have falls alarm & smoke alarms.

Meg in a private house, bedbound
Falls alarm
Smoke detection alarms (beeps to alert, but Meg cannot evacuate)
Neighbours have keys
Family have keys & live close

Bob in an apartment, bedbound
Falls alarm direct to EMS.
Keylock to allow auto EMS entry.
Smoke detection alarm direct to fire brigade, which triggers automatic attendance

Lee in a house, poor mobility.
Falls alarm (pendant type)
Smoke detection alarm (beeps to alert, Lee not sure she could evacuate).
Family further away
No keylock

Many different factors.

I met 'Lee' this week.
'Lee' was not able to alert others to her fall. Family & EMS notified when cleaning staff arrived & no answer to doorbell. Hard for EMS to get in. Now has the complications of a 'long lie' on top of the fall injuries.
Helpful Answer (3)
Reply to Beatty
Report

“But some extended family members have suggested she should never be left alone for extended time and have been giving us a hard time”

Have you considered asking the family members what nights they would be willing to cover so she would not be left alone for extended times? That could help solve the problem…. If anyone would actually step up to help. If nothing else, they probably will back off while you decide the best way to handle the issue.

One thing you may want to consider about the legality of your issue… there may be nothing Illegal the way you are handling it, but may not prevent having to defend yourself in the event something happens.
Helpful Answer (6)
Reply to KPWCSC
Report
Birch278 Jan 8, 2024
Love you answer to...But some extended family members have suggested she should never be left alone for extended time and have been giving us a hard time. These extended family members need to shut their mouths and if so bothered by the situation come spend the night there!
(6)
Report
See 1 more reply
A year and a half ago, my daughter’s house burned to the ground.

Where did the fire start?

In the wall next to her bed.

She wasn’t home, thank God.

She was alerted about the fire, and ran home, and watched the house and everything she owned burn to the ground.

It sickens me to even think what would have happened, had she been home in bed at the time.

She is 35 and able bodied.

Your loved one would have been trapped.

Please do all you can to avoid that possibility.
Helpful Answer (7)
Reply to cxmoody
Report
Igloocar Jan 9, 2024
Cxmoody, I am very glad your daughter was safe and not in the house with the fire! But your daughter is 35 and probably has many good years ahead of her. The O.P.'s mother is 84 and bed-bound. While the O.P.'s mother still enjoys life, one of the things she enjoys in her life is NOT having aides overnight but rather being alone while she sleeps. I agree with those who think the fire example is somewhat far-fetched, but regardless of the possibility of tragedy, the O.P.'s mother might still prefer to be alone and would not want to start he life over at age 84 without her belongings and in a new home. Similarly, If she had a stroke in the middle of the night (probably more likely than being in a fire!), she might prefer to die than to be found right away (more likely if someone is with her) and go through rehab and quite possibly live with permanent impairment. I am 79 and I have done everything I can, in discussion with my POAs and in my written documents (including those with legal force on my refrigerator door) to avoid these scenarios and to live longer under circumstances that I now think would be intolerable, but would not have when I was 35! People differ in these preferences, but they deserve respect regardless of our own thinking about what is preferable, The O.P. can discuss with her mother some of the unfortunate scenarios that might occur if he mother stays alone overnight and determine what her mother's preferences are. This info should help with the decision about leaving her mother alone.

I would add, finally--and I am sure there will be disagreement on this point--but I think it is probably not necessary to have the O.P.'s mother undergo cognitive and physiologic testing to determine if she is competent to make these decisions. If her decisions are consistent with the ways she has lived her life to date, then whether she currently has dementia is not a major question. It is not for the O.P. or her sister to make decisions that they think might save her mother from various perceived tragic endings that for her mother would not be tragic. (I am assuming here that the O.P. and her sister would not have legal liability; I would not have thought of that possible issue if it hadn't been brought up by the O.P.!)
(1)
Report
Cognition is a tricky thing.

My FIL was still considered medically cognitively sound. But there were signs .

My FIL when he was still home - SWORE that he didn't need anyone helping him. He was way more physically impaired than cognitively - but it was when we started pressing him with things like this - that I really started to wonder about his cognition.

I asked him once what his plan was to get out of the house if his chair lift didn't work - say if the power went out and battery back up didn't kick in and there was a fire. He had about 20 STEEP stairs to navigate and he couldn't walk a single step on flat ground without a walker. For reference his domain was UPSTAIRS - so critical thinking would give an answer like "I'd go to the stairs and fall down on my butt and slide down the stairs and get the walker at the bottom and go out that way". Because if you are going to die in a fire you do what you have to do". And to be clear - a FIRE was a very real possibility because their home had a terrible fire right before DH and I got married - struck by lightning. And another tree was struck by lightning several years later. So this was a very real possibility.

His response was that the battery back up would never fail. I said humor me. What if it did? What would you do? "It won't". We argued and argued and he finally told me to shut up because he didn't need to worry about it.

It wasn't that he didn't need to worry about it, it was that he couldn't reason out any possible way except the way he knew. (I told him the only other option - with the possible exception of waiting for the firefighters was sliding down the stairs.)

There were many of these situations where he couldn't come up with a logical answer so he started just saying "We'll see" instead of answering us. He ended up new phone lines, new accounts, talking to scammers because he was smarter than they were. When I tried to talk to him about the scammers - he would tell me he KNEW they were scammers - and he was trying to teach them a lesson. I would tell him that there was a certain kind of scammer out there that literally just wanted him to keep talking because they just wanted him to say certain words so they could voice print him. He joyfully told me he just wouldn't say those certain words (facepalm).


When someone doesn't have to do certain things, and other people are doing so many other things for them - it is VERY easy for them to appear much more capable than they really are.

But put them in an emergency situation - things will NOT turn out the way you think they will - because they are NOT equipped with the critical thinking skills or ability to convert thought processes to tasks the way that you and I can. They are used to other people giving them a step and they do the step. They are not used to putting the entire process together , in order, to make it happen.

And very often - when faced with having to do that - they find that they no longer can.

You don't want to find out she can't do that anymore in the middle of the night in an emergency.

She needs to be assessed. In the very short term - get some cameras on her and see what she is doing at night. But you need to make sure she is safe to get out of that house in an emergency. And consider overnight caregivers or an alternate living situation - because if she does have dementia the progression can start out slow.

But then it can move - and it can move FAST.
Helpful Answer (7)
Reply to BlueEyedGirl94
Report

Google:

Can bedridden patients be left alone?

The legality of this question varies by state, but generally, it is not considered safe to leave a bedridden person alone for any time. Any number of things could happen that would be especially dangerous for someone who is not mobile, such as a fire in the house.

Check with your state regulations about leaving your bedridden mother alone overnight every night because she wouldn't be happy with a caregiver.
Helpful Answer (5)
Reply to lealonnie1
Report
BurntCaregiver Jan 11, 2024
@lealonnie

Doesn't common sense answer this question? A person who cannot get themselves from a bed to their wheelchair independent of assistance, should not be left alone in a house all night long.

They can be left alone in their room. Not alone in the house though.
(2)
Report
I've already posted about my sick friend Marianna who burned to death in a house fire when she was in her bed and the caregiver ran out for "just a minute." Now I'll tell you about some more unexpected unsafe issues, all in the realm of my personal experience:

(1) One year long ago I ran into Elsie and her husband in the grocery store a couple of nights before Christmas. They excitedly confided that they were giving their daughter a puppy for Christmas. They'd just brought it home and had left it in the basement. Daughter was visiting elsewhere that night. It's a good thing she was, because puppy gnawed through the cord of a small space heater they'd left in the basement to keep puppy warm. On the way home, Elsie and husband heard fire sirens. When they drove up in front of their house, flames were leaping toward the sky. The puppy died. They lost their house.

(2) Mom's friend Eleanor had downsized to an apartment recently. People were "checking on her" because she had a few "minimal" health problems. Mom didn't hear from Eleanor for a while, so she asked the people who were "checking on her" if she was okay, but they said she was fine. A couple of weeks later at a requested wellness check, Eleanor was found dead on the floor and had been so for some time. Those who were "checking on her" had been using the benchmark that if Eleanor's car was there, she must be fine. When she didn't answer the phone, they reasoned that she must be napping. This is not acceptable "checking on her."

(3) A lovely neighborhood where a family member lives. House burned to the ground a week or so ago. Not elderly people, a family lives there, and they're not likely to have left something flammable near a burner or to have an old-age dementia problem. We don't know the cause yet, and fortunately no one was home at the time.
Helpful Answer (3)
Reply to Fawnby
Report
Southernwaver Jan 5, 2024
Yes, it makes me crazy when people are so blithe about house fires. It’s called an accident because by definition you didn’t expect it to happen. Accidents happen to people all day every day.
(3)
Report
See 1 more reply
Burnt mentioned a fire. I would wonder if the family would be held accountable if Mom died in a fire and the Fire marshall found out that Mom was not able to save herself because she could not get out of bed and no one there to help her?
Helpful Answer (4)
Reply to JoAnn29
Report
Fawnby Jan 5, 2024
When I was caring for a family member who had a broken ankle and surgery for same, hospital discharge brought that up. The house was on a hillside and the terrain was steep. There were flights of stairs to get up to the living level. Discharge wouldn't allow him to be discharged to me because I wasn't capable of carrying him out in case of a fire. His son-in-law was a volunteer fireman, and he and another relative came to carry him up and down the stairs.

It's apparently not only having someone there, as I was, but someone there who can actually rescue the patient. That would leave out a lot of family caregivers, I suspect.
(0)
Report
See 3 more replies
"Her cognitive skills are good other than financial stuff, medication organization, forgetfulness."

You just described someone whose cognitive skills are NOT that good.

I am PoA for my Aunt who is 104.5 yrs old. She still moves about with a walker, pays her own bills and deals with home issues and repairs with a tiny bit of help from my local cousins. She is not forgetful. She doesn't have overnight help. We feel comfortable with this, so far.

Her sister, my other Aunt who used to live with her, one night "forgot" she couldn't walk with assistance and got out of bed, fell and broke her hip then died in rehab.

I get why your Mom doesn't want a "stranger" hanging out in her house every night (which is what my Aunt says), but maybe start getting her used to it in increments: have someone stay 1 night a week, or later and later into each evening, until it doesn't bother her and she sees the benefits (which may never happen).

Forgetfulness is a dangerous thing. It is progressive and gets worse with every passing month and eventually, week. You can't see it, you only see the havoc it wreaks. I live in MN and it's winter here. At least once a winter there's a news story about a senior who left their house in the night and froze to death. Sometimes their own family was in the house at the time. It only takes 1 time for her forgetfulness to become a disaster.

To answer your question in your post, there is no legal ramifications unless your sister was actually abusing your Mom or severely neglecting her in some provable way. What you're describing is not abuse nor neglect.

Is anyone PoA for your Mom? If not, she still has capacity to assign this important legal protection for herself.

"I have always thought that if my mom did not want anyone overnight, then we should honor her opinion."

The problem with cognitive decline and dementia is the person progressively loses their skills of logic and reason and empathy. They should no longer be calling the shots because their judgment is broken and they aren't cognitively able to care how it stresses out or impacts the people who are orbiting aroung them trying to keep them safe.

FYI if your Mom is basically bedridden she may qualify medically for LTC and therefore Medicaid. She will then need to qualify financially. One strategy would be to transition her into a good, reputable local facility that accepts Medicaid. Once she qualifies, she gets first dibs in the facility (no waiting lists) and then at least she's in a place that you trust.
Helpful Answer (8)
Reply to Geaton777
Report
Kaysmile10 Jan 12, 2024
Maybe your mom realizes the consequences of being home by herself at night and accepts those consequences. Because she doesn’t want someone there at night she needs a neuropsych evaluation and testing to declare her competence??If that’s the case, I know, at least a dozen people or more people that make decisions that need their competence checked. As someone said she gets joy out of not having someone there at night, so let her have her joy for the time that she has left here on earth. Nobody is going to live forever.
(1)
Report
Ask a Question
Subscribe to
Our Newsletter