MIL has been in and out of the hospital for a couple months including rehab centers. She said at the last care meeting she would do 1 more week. And then check herself out. Can she do that?
Yes, she can if she is mentally competent and is not in danger from her actions. If the rehab feels she is leaving their facility without adequate ADL training to be safe on her own in her own home (assuming that is where she is headed) they can ask for psychological counseling and evaluation to assess needs; in that case they may ask you to act on your POA to keep her "involuntarily" for the rest of her rehab. Basically a medical POA serves to act for a patient only when that patient is not well enough to act for him or herself. I wish you the best.
Your profile says you are taking care of ur mother. So infact is this ur MIL?
If your MIL is competent to make her own decisions, then your POA means nothing at this point. But...if her decision means coming back to your house and needing care than you can tell the Social Worker that its an unsafe discharge because you cannot care for her because you need to work. That her bedroom is on a second floor and SHE has no money to pay for care.
If she is incompetent, then your POA kicks in and you make the decisions. You need to make sure the SW has a copy of your POA.
While MIL is in Rehab have her evaluated for 24/7 care. If found she needs 24/7 care then you have options. If she has money, find a nice Assisted Living. If no money, then place her in LTC with Medicaid paying.
I agree with Barb. If she is a competent adult, then lay the cards out. As in, no mil, your care needs require too much for me to take care of at home, and if you leave, you’ll have to find somewhere to care for you.
If she has not been declared incompetent then your POA is not in effect. You can make it clear that You can not SAFELY care for her. So that you are NOT responsible for her care. The discharge planners can not discharge her unless there is a plan in place for her safe return to wherever she is or was residing. BUT IF she is competent. If she has a safe place to go If there is a plan in place that will keep her safe If there are caregivers if needed then yes she can be discharged. Since she is residing in your home Since you can not SAFELY care for her IF she can not move about the house in a safe manner then the chances are they will not discharge her to your home. PLEASE make it perfectly clear that you can not care for her in a safe manner in a safe environment.
Viking, just because the MCPOA went into effect as soon as she signed it does NOT mean that she loses her autonomy. That can only be taken by a judge.
If she is able to speak for herself, she is who everyone is going to listen to.
You can speak privately with the rehab and try to get creative in ways to keep her but, they can not hold her against her will. That is called false imprisonment and it has serious consequences, the facility knows this, that is why they let people leave AMA.
She lives with me. Her room is upstairs. She has not done stairs yet at rehab. I am unable to care for her 24 hours a day. I work full time from home and have my family to take care of.
You need to read the Medical POA qualifications and list of actions very carefully to determine if you have the authority, and under what circumstances, your mother can check herself out of rehab, and/or under what authority you have that option.
Yes she can. And you do what's best for you, which may include NOT assisting her with checking herself out, packing her up, picking her up, driving her home, helping her at home, etc. In other words, you do not have to enable her charade of independence.
Medical POA only gives you the ability to act on her behalf when she is unable and to receive information from her medical providers.
If she wants to leave, she can. However, that doesn't obligate you or your spouse to prop her up in her home. She gets to arraign her care for being at home. Make it clear that you won't be stepping in if she leaves before she is able to do so safely. This might get her to look at how she is really doing.
Sure she can, if she's competent to make her own decisions.
Holding POA doesn't mean anything until she's been declared incompetent to make her own medical decisions, OR if the POA went into effect immediately upon her granting it to you. You have to read the POA to know which it is.
Only a judge can deem someone incompetent. I don't care what anyone says, our laws do not allow others to take our autonomy.
My DPOAs state that two qualified specialists must make the determination that I am incapable of acting on my own behalf but, I can challenge that and then it becomes a legal issue. Part of that reasoning is that an accident can leave you incapable and springs the POA authority but, time and rehab can change that condition, yet an over zealous POA may not want to give up their authority, so safe guards exist to protect everyone. Because we could all be at the mercy of an unscrupulous POA in our lifetime.
This is a pita but, people taking advantage of vulnerable individuals is why the law is so strict on this issue.
Basically a medical POA serves to act for a patient only when that patient is not well enough to act for him or herself.
I wish you the best.
If your MIL is competent to make her own decisions, then your POA means nothing at this point. But...if her decision means coming back to your house and needing care than you can tell the Social Worker that its an unsafe discharge because you cannot care for her because you need to work. That her bedroom is on a second floor and SHE has no money to pay for care.
If she is incompetent, then your POA kicks in and you make the decisions. You need to make sure the SW has a copy of your POA.
While MIL is in Rehab have her evaluated for 24/7 care. If found she needs 24/7 care then you have options. If she has money, find a nice Assisted Living. If no money, then place her in LTC with Medicaid paying.
Why does ur husband not have POA?
You can make it clear that You can not SAFELY care for her. So that you are NOT responsible for her care.
The discharge planners can not discharge her unless there is a plan in place for her safe return to wherever she is or was residing.
BUT
IF she is competent.
If she has a safe place to go
If there is a plan in place that will keep her safe
If there are caregivers if needed then yes she can be discharged.
Since she is residing in your home
Since you can not SAFELY care for her
IF she can not move about the house in a safe manner then the chances are they will not discharge her to your home.
PLEASE make it perfectly clear that you can not care for her in a safe manner in a safe environment.
If YOUR home--please contact the discharge planners and let them know that no one will be at home to care for her.
If her home, please let the discharge planners know that no one is at HER home to care for her.
Consider that she may be telling the folks at the hospital that she has "help" at home. Make sure they know the actual situation.
In the end, the only behavior you can control is your own. You can say "no, Mom, I can't possibly do that". And mean it.
If she is able to speak for herself, she is who everyone is going to listen to.
You can speak privately with the rehab and try to get creative in ways to keep her but, they can not hold her against her will. That is called false imprisonment and it has serious consequences, the facility knows this, that is why they let people leave AMA.
Why do you believe that she isn't ready to leave?
If she wants to leave, she can. However, that doesn't obligate you or your spouse to prop her up in her home. She gets to arraign her care for being at home. Make it clear that you won't be stepping in if she leaves before she is able to do so safely. This might get her to look at how she is really doing.
Holding POA doesn't mean anything until she's been declared incompetent to make her own medical decisions, OR if the POA went into effect immediately upon her granting it to you. You have to read the POA to know which it is.
My DPOAs state that two qualified specialists must make the determination that I am incapable of acting on my own behalf but, I can challenge that and then it becomes a legal issue. Part of that reasoning is that an accident can leave you incapable and springs the POA authority but, time and rehab can change that condition, yet an over zealous POA may not want to give up their authority, so safe guards exist to protect everyone. Because we could all be at the mercy of an unscrupulous POA in our lifetime.
This is a pita but, people taking advantage of vulnerable individuals is why the law is so strict on this issue.