Do I need Guardianship of my mom to get her into a nursing home if she refuses, or will the durable power of attorney do?

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I have a durable power of attorney. My Mom needs to go to rehab possibly the nursing home to live. I have been told I also need guardianship because she doesn't want to go. She can't care for herself and I have become unable to care for her. Do I need guardianship or will the POA do?

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To force her against her will would require guardianship.

But you have rights to make decisions about yourself. Mom lives in your house. She needs care. You can no longer provide the level of care she needs. You can decide that she cannot live in your house. She could rent an apartment or go to a homeless shelter or find a nice nursing home. You can't force her decision of what she'll do, but you can decide who lives in your home.

That would be tough, wouldn't it, to evict your mother? Why does being helpful so often put us in these terrible situations?

The bottom line is that Mom needs care. As a loving child you want to see her get that care. But you have limited ways to force that against her will. You need outside help. I suggest you start by contacting the area agency on aging and explaining the situation to them. They have no doubt encountered this problem many, many times and can explain some options to you.
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