What are my rights as my mother's caregiver when the state threatens to take her? - AgingCare.com

What are my rights as my mother's caregiver when the state threatens to take her?

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Contact the state investigator who has "threatened" to place your Mom in protective custody and ask for an appointment. Get a good night's sleep before you meet with the investigator, and ask a trusted friend or family member to accompany you. Let the state investigator know that you are unclear on the business reasons for the recommendation to place your Mom in protective custody. When the investigator is finished explaining and you have asked any questions you need to ask, then ask him or her to explain your rights to you. The state is generally very good at explaining and documenting consumer rights. That information is always documented, so ask for a copy of your rights and responsibilities relative to the situation with your Mom.

As others have said, there is usually something else that drives the state to become involved. It may be the level of care needed or perceived to be lacking, the degree of your Mom's impairment, or any number of categories, including when there is suspected abuse or neglect. Of course, suspected abuse and neglect are merely allegations unless and until confirmed, but the investigators are normally well-trained in communicating their business reasons. Ask the investigator whether the state is investigating any allegations pertaining to your Mom's care and whether you will be interviewed as part of that process. That is routine information they convey at the appropriate times.

How much have they told you already?
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Hi Eric~ Just why the state is threatening to take over your Mom.s care--I cannot understand-as previously mentioned by Ed--unless there is some form of abuse or neglect invoTake care of myself. This is not an act of selfishness. It will enable me to take better care of my loved one.
Seek help from others even though my loved one may object. I recognize the limits of my own endurance and strength.
Maintain facets of my own life that do not include the person I care for, just as I would if he or she were healthy. I know that I do everything that I reasonably can for this person, and I have the right to do some things for myself.
Get angry, be depressed and express other difficult emotions occasionally.
Reject any attempt by my loved one (either consciously or unconsciously) to manipulate me through guilt, anger or depression.
Receive consideration, affection, forgiveness and acceptance from my loved one for as long as I offer these qualities in return.
Take pride in what I am accomplishing and to applaud the courage it sometimes takes to meet the needs of my loved one.
Protect my individuality and my right to make a life for myself that will sustain me when my loved one no longer needs my full-time help.
Expect and demand that as new strides are made in finding resources to aid physically and mentally impaired persons in our country, similar strides will be made toward aiding and supporting caregivers.lved.
The following -in the meantime will be of benefit to you-although somewhat off the mark.
Best to you and to your family~
Hap
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ERIC:

As far as I know, the State can step in when cases of physical/mental abuse, neglect, and exploitation have been reported. Perhaps your mother's needs exceed your abilities, or maybe there's someone filing false claims against you. As far as rights (see "Rights of a Caregiver" at www.heart.org), there isn't much I can tell you except caring for yourself so you can be useful to others. If State investigators come knocking at your door to check up on your mother, let them in. Not doing so makes it look like you have something to hide, in which case they'll knock the door down, take her away, arrest you, and ask questions later. Your only insurance, then, is doing for her what you don't do for yourself.

Keep up the good work my friend, and let us know what happens.

-- ED
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My mother was hospitalized for self neglect. I had caregivers 7days a week 3 x a day but the doctors told me if she went home they would get the state involved. I had no choice but to find her a nursing care facility. It was the right thing and the hardest thing to do.
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First I need to know why the state wants to take her, I have found that they prefer to have family take care of the aging adults. Have you been sited for something?
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