79 yr. Old brother diagnosed with Alzheimer's. In danger to continue to live alone and to drive. What type of lawyer is needed to force him into a memory care unit ? He only is willing to move out of his home in Maryland ( being cleaned up and to be sold ) and get an apartment near family in Rhode Island. His wife ( stroke in 2019) is PERMANENTLY in a Pawtucket nursing home . LAWYER FROM WHICH STATE SHOULD BE HIRED? MARYLAND, Cape Cod ( where sister with power of attorney lives ) or Rhode Island ?
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Coming in to add that I have just read the update from Geaton below regarding previous questions regarding this very complicated situation. This may be more than any forum can advise you on. Clearly legal help may be needed. I hope you will all manage to get together and decide the best steps forward.
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"His memory is down to 4% only . His sister , Christine (who lives on Cape Cod and Florida ) has power of attorney for both he and his wife. I need his license removed because he will forget and drive back to Maryland forgetting he now lives here. he has a 30 lb dog. Please advise My sister continues to treat him like the older brother instead of a sick person he is . I believe legal authority should have been obtained by now to get guardianship over his decisions where he can't stop them. We did sign for an apartment for his starting January 15, 2022 but I feel this is dangerous for him."
Why are you doing the legwork instead of his sister, the PoA?
Has she not been shown the diagnosis?
Is she cognitively impaired herself and maybe no longer able to carry our her duties?
How did you come up with the "4%" memory number?
If his memory is as bad as you claim, it should be easy to redirect him into an MC unit as his new "apartment" and remove his car permanently as being "in the shop". You can go online to the RI DMV and report him as a dangerous driver. You will need his basic info and provide the proof of your claim. Even if they revoke his license (or more commonly will send him a letter telling him to come in to retake the eye or behind the wheel tests), if he can't remember he no longer has a license he WILL get back in his car and drive, so the car needs to be removed first.
If the PoA is not doing her job then you will need to pursue guardianship over him in court. This can be costly ($10K-ish) and if the judge thinks the family in-fighting is detrimental to your brother, may decide to assign a neutral 3rd party as his guardian. This will all take time if you go down this path.
In the meantime, do not pander to his wishes: do not help him get an apartment -- I would cancel that if at all possible. You must give his PoA evidence that he is in fact incapacitated to live on his own. You can research the facility where his wife is currently a resident to see if they have room for him, but do you know his financial means? How do you know what he can afford? You can apply for Medicaid for him (you don't need to be his PoA to do this) BUT you will need access to all his financial information for the form and it takes 3 months to process and get approval, if he qualifies.
You may want to consider reporting him to APS as a vulnerable adult if he shows clear signs that he isn't able to care for himself (poor hygiene, health, living in squalor, malnutrition, dangerous living conditions). But with a PoA not sure they can work with you. I wish you success in getting your brother situated with the appropriate care.