Does my mom have a choice of whether she lives in an Assisted Living facility?

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kathybmomof3 Asked November 2013

Does my mom have a choice of whether she lives in an Assisted Living facility?

Mom suffers from Dementia. My aunt has her Power of Attorney. The family all agree my mom needs to be living in and Assisted Living / Memory Care Facility. A. Does she have to be diagnosed and determined that she is incapable to make her own decisions? Mom never goes to a dr. She is now living with me in Ca. I moved her here from MO after a bad fall that severely broke her ankle.
B. If we take her to an assisted living facility... and she does not want to stay... can she leave on her own free will?

Thanks for the help,

Kathy

Assisted Living

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score 1 · Answer 1

Thank you so much for your answers..... Time and patience... taking one day at a time.

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score 2 · Answer 2

Any facility will want an MD evaluation, to protect themselves from lawsuits. They will evaluate a prospective resident, and if she insists she does not want to go, she doesn't have to go until a judge declares her incompetent.

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score 2 · Answer 3

"The family all agree…" - does that include you? Assuming it does, and that you get on well with your POA aunt, I would recommend that your aunt make a start on the legalities around your mother's competence (bad cop); while you work with your mother to find out what's worrying her and reassure her as well as you can (good cop), ideally getting to a stage where she's at least happy to give it a try. Jinx is right: if your mother is still legally competent, she calls the shots.

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score 2 · Answer 4

Is Mom unwilling to go? If so, and if she hasn't been declared incompetent, she can refuse. Whether she is allowed to leave the assisted living (AL) or not, she can escape if she can walk.

It can be hard and complicated to get an elder to go to where they need to be, and the law isn't always helpful.

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Does my mom have a choice of whether she lives in an Assisted Living facility?

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