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Chrisro007 Asked October 2021

I feel my father is not safe living alone. How would I go about getting him deemed incapacitated so he can go to assisted living?

Isthisrealyreal Oct 2021
Have you spoken with your dad about moving to a facility that can help his quality of life? What does he say?

Only a judge, in a court of law can deem anyone incompetent. It is no small matter to take away someone's freedom of self governing. Is he really that far gone? If yes, then you will need to petition for guardianship to have him declared incompetent and that would give you the legal authority to place him in a facility.

I would try to get him to move willingly first. Use every enticement you know will appeal to him and get him to agree to give it a chance. Or do like most of us have had too. Wait for the hospital admission, rehabilitation and then scream unsafe discharge and work on long term care at that point

Lvnsm1826 Oct 2021
Talk to an elder care attorney about how to have him deemed incompetent. Also, document what you observe, so you can tell his doctor and attorney why he's incompetent.

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freqflyer Oct 2021
Chrisro007, I see by the profile that your Dad is dealing with Alzheimer's/Demetria. Usually a facility can judge what would be the right section for your Dad.

The facility has enough experience to know if he would be ok for Independent Living or Assisted Living or for Memory Care. Try to find a facility that offers all three so that way your Dad will still see the same faces of the Staff and already be use to the types of meals they serve, if he needs to room to a more secure section.

Independent Living is usually a nice size apartment with a full service kitchen. Dad can have his meals in the community dining room. Assisted Living the rooms are a bit smaller. With Memory Care, even small rooms as the facility said small rooms feels safer for the person. My Dad called his room his college dorm.

BarbBrooklyn Oct 2021
Chris, welcome!

There is a big gap between you thinking your dad is not safe to live alone and his being declared incompetent.

Is he a danger to himself and/or others?

Does he wander?

Is he forgetting the stove is on and in danger or burning the house down?

Have you contacted Adult Protective Services in his community and reported him as a vulnerable elder?

Have you called the local Area Agency on Aging and asked for a needs assessment (you should be present for this)?

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