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Here's the situation: an elderly woman who'd previously been in AL went into rehab following a minor fall (no major injuries). She has some mild cognitive impairment but is still moderately functional; uses a walker, but gets around reasonably well. The rehab facility told the family they felt she could not return to AL...wanted to place her in their locked memory care unit. At this point no official dx of dementia had been made, but tests were scheduled. The family felt like the facility was trying to force mom into their memory unit unnecessarily, and considered removing her. The facility social worker told them that would be against medical advise (AMA). We advised them to be cautious about doing this.

As it turned out their mom passed her tests and WAS allowed to return to her AL facility, but what if they HAD pulled her from rehab AMA? Could the facility have reported them to APS? Wondering if anyone else has had any experience with this.

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They could contact APS if they felt it was an unsafe discharge. If APS came in, they would see that she is fine and nothing would come of the report. Sounds like this facility wanted to fill a bed. As long as she is receiving adequate care & is doing well there's no problem. If she has dementia she will decline, however as long as the facility she is in is licensed to handle her care and they are taking good care of her, she is happy and as well as she can be there shouldn't be any issues. I look at APS as a resource, I call them if I have questions (important ones), they are nothing to fear as they are there to help. However there cases that run amok. It pays to ask questions, speak with professionals or even sometimes consult with an attorney. Keep a notebook, write down dates, times, who you spoke to, what the conversation or phone call was about, if you received any other communication such as a letter, include it with the notebook. Sounds to me this facility wanted to fill a bed, it is a residents right to go home or to another facility including an assisted living facility.
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Amen to Ferris1. I couldn't have said it better.
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Jennfera5289, since Dad is incompetent, the burden of his care falls on you, the DPOA. An ALF is required by state health law to re-evaluate the patient. They usually send the Head Nurse out to interview him, be sure he is cooperative and not combatant, be sure he can walk to and from meals, and that he able to toilet independently. If he is at risk of wandering off, no go. If he is pooping his pants and not aware or not able to cope, no go. If he has outbursts of yelling or pushing, no go. Read your ALF contract or resident handbook.
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My father who is in a rehab center is now being deemed incompetent by their Psychologist. I am worried that he will not be able to go back to his assisted living apartment with my mom. What are the legal implications of a Nursing Facility proclaiming my dad is incompetent, I am the DPOA for medical care.
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corrections...

more than happy to GIVE AID AS WELL AS beginning to document your case

WHEN you have or begin to have an elder who is problematic

family members who aren't participating in any of the caretaking BUT are happy to meddle
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If you are reported by someone to APS, and they come banging on your door backed up by a Marshall, their presumption is that you've done something wrong, and you must more or less prove or demonstrate your innocence.

If, however, you innocently call them for advice or assistance, they are generally more than happy to give a damn's well as begin documenting your case. If you establish a relationship with them and they know the situation with your elder before someone put in a complaint, they are much more likely to be on your side from the outset.

Hen you have or begin to have an elder who is problematic in any way where you could be interpreted as abusive or neglectful, you always need to be thinking in a proactive and preemptive way. It's unfortunate that you must spend your time this way, however those on the outside looking in aren't concerned about your time, especially some family members who aren't participating in any of the caretaking what are happy to meddle in the finances. Interestingly, many of the complaints come from those very relatives!

Beware...protect yourself...document (journal)...witnesses...nanny cams!
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I like your answer ferris1. A social worker and a woman who helps find placement for Alzheimer's patients are pushing me into placing my mom in AL. I felt like I was getting a sales pitch, not support. They were happy to let me sell my mom's house and empty her bank accounts to pay for the AL. My sister and I agree that this is not an option at this point. I live with Mom and my sister is 3 blocks away. Her grandchildren also live close by and we all help Mom. I called Adult Protective Services because my mom was not eating and they said not one word about AL! They suggested day care (they even gave me some referrals) and to take my mom for a daily walk. She loves the walks and is starting to eat more. We are going to visit a daycare in a few days. I say don't be afraid to call APS and ask what are your responsibilities. I wish you and your mom all the best.
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The rehab facility deals with this type of situation every day with families. They are certainly welcome to file a complaint, but in this case, their report to APS would have been unsubstantiated and a waste of time for APS. Anyone (meaning a business) had better be very sure what they are getting into in reporting such "abuse". No, it is not against the law to remove a patient AMA, and unless the patient is a danger to oneself or others, nothing can be accomplished except to alienate the family from healthcare providers. The "ideal" situation is not always in the best interests of the patient who would prefer to stay at home with help. Who in their right mind wants to go live in a facility? When my memory leaves me, I won't know I'm in a facility.
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I suppose that they would report her to APS. APS would follow up with family and check out her environment. Woman not deemed incompetent and no abuse found, case closed. My mother was deemed incompetent by nurses at rehab, and they threatened to take her and make her ward of the state, lovely nurses and social workers, not qualified to make this decision. Geriatrician stated my mother was best served at home by me taking care of her. Case closed.
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