My mother is 70 yrs. old and 6 months ago she lived in South Carolina in her own apartment. She fell and had to go to rehab for 2 months, I was called when her Medicare ran out as she would be discharged from rehab and needed someone to care for her till she recovered. As we live in Florida she decided to give up her apartment and furnishings and move there with us.
My Husband and I have no legal documents of any sorts to be her legal guardian, power of attorney etc.
On her discharge papers the doctor did note that she has signs of dementia and is currently taking dementia medication although she has not been evaluated and been medically diagnosed with dementia. We do see times living with her that there are signs of dementia.
Well now she wants to move back to South Carolina(home) again. She has family and friends there but after calling nobody there will let her come stay with them.
She is adamant that it is her choice to move back home and will catch a bus if necessary and stay in a motel till she finds a place to stay again. She is threatening to call the police to say we abuse her to get out of here and to get up in the middle of the night to get home.
Are we legally entitled to take her as I am not her legal guardian? If we take her “home” can it be classified as abandonment? as she has no “home”. Can we drop her off at her sister even though her sister has said she can’t stay there? Can we book her into a hotel till see finds a place?
She still gets an income and can rent an apartment if she qualifies but we don’t know where she will stay.
Basic medical condition:
Signs of dementia, stints.
She is fully mobile and doesn’t require walkers or such.
Our biggest fear it taking her “home” and being charged with abandonment. I signed her out of rehab so I presume by doing that I assumed responsibility.
It is not easy living with her. As mentioned she is making continuous threats.
Any help as to her and my legal aspects is appreciated.

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The first thing you do is get her to a doctor and get meds for the nastiness. Taking her to her sister's and dumping her is not a good idea. You knowingly signed for her and you have a duty to see she is cared for.
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What I would do is set up an appointment for you and your husband with an Elder Law attorney and talk to him/her as what is the best approach.

As we all know, dementia is always going to get worse, not better. And having Mom out on her own isn't a good idea. Unless you can convince her to move to a senior apartment complex that is nearby, that way she can be on her own but you and hubby are close by. Just an suggestion.
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