My 94 year old dad has been in skilled nursing since last spring. He went there from assisted living due to some health issues. I am his legal guardian. I have been looking off and on for a memory care that will take him. All parties concerned agree he is ready for a move as he is really bored in skilled nursing. His facility has been awesome helping me with the screening process. We think we have found a good fit for him but I am told by the guardianship attorney that I need court approval to move him. This could take some time and I am afraid we will lose the spot. She said this is more of a formality, giving him a chance to contest but he doesnt even have an attorney anymore. He has severe dementia and he really doesn't even need to see the paperwork because he wouldn't understand. Has anyone else dealt with the guardianship thing and moving someone?
I called my attorney, told him that I needed to move dad near me, I couldn’t make the 12 hour drive any longer. He started things in motion but I didn’t wait. My wife and I made the drive , picked dad up when he was released from rehab and brought him home to,our state, checked him in in a nice nursing home 5 miles away.
I actually had a court hearing on the phone with the judge during the trip. He was pleased that I was looking out for my dads welfare. I got the legal approval papers in the mail about a week later.
I don’t intent this as legal advice, just my own experience.
Being named guardian is kinda like being named Executor, they both have quite a lot of power to you done by the judge as signed in the Order (guardianship) or Letters Testamentary (for Executor).
Im kinda surprise atty who did guardianship for you initially isn’t just taking care of this for you. Atty costs for guardianship isn’t cheap, he make $ from it. Any reason why this atty isn’t stepping up to do this?
Also is the MC requiring this document from you? If not, and both the medical director of the Nh and of the MC both agree that his move to MC is consistent with the level of care needed, that should be what the decision is based on imho. I’d try to get a state,not from each as to this, just more of a CYA for you to show you did your due diligence.
If you haven't done so already, read your guardianship papers again to verify the accuracy of what your attorney has told you. We found that some guardianship attorneys are better than others and there are some that we wouldn't use again. And, as Igloo572 suggested, you might want to call the court for advice, as someone there might recognize the absurdity of needing to give your dad "opportunity to contest," and thus might be willing and able to give you some guidance to simplify this process that is already inherently difficult.
As an aside, regarding the court being slow in "approving" the conservatorship report you filed last November, our experience in Idaho was that the courts never told us when they approved our reports -- instead, we were always left assuming that they would let us know if they found a problem with a report.
Kudos to you for being willing to tackle the responsibilities of being your dad's guardian and conservator. Best wishes for you and your dad on this journey.
(a) Before a guardian may change the abode of an adult protected person or place an adult protected person in a mental health treatment facility, a nursing home or other residential facility, the guardian must file with the court and serve a statement declaring that the guardian intends to make the change of abode or placement in the manner set forth in paragraph (b) of this subsection.
(b)
(A) The statement must be filed and served in the manner provided for serving a motion under ORS 125.065 (Manner of giving notice) to the persons specified in ORS 125.060 (Who must be given notice) (3) and (8) at least 15 days prior to each change of abode or placement of the protected person.
(B)
When the guardian determines that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others, the statement shall declare that the change of abode or placement must occur in less than 15 days to protect the immediate health, welfare or safety of the protected person or others. The statement must be filed and served with as much advance notice as possible, in no event later than two judicial days after the change of abode or placement occurs. The guardian may make the change of abode or placement prior to a hearing on any objection.
(c)
In addition to the requirements of ORS 125.070 (Contents of notice) (1), the notice given to the protected person must clearly indicate the manner in which the protected person may object to the proposed placement.
(d)
The court shall schedule a hearing on any objection to a statement filed under this subsection made in the manner provided by ORS 125.075 (Presentation of objections) for presenting objections to a petition or motion in a protective proceeding. If no objection is made, the guardian may change the abode of the adult protected person or place the adult protected person in a mental health treatment facility, a nursing home or other residential facility without further court order.
However, even with Oregon's more restrictive guardianship authority, I think ORS 125.320 (3) (b) (B) might give you sufficient authority to move your dad immediately, without 15 days notice, especially if his skilled nursing staff will vouch that they helped you screen the memory care facility and that facility's staff will vouch that your dad might lose his spot if his move is delayed. If both facilities will vouch that your dad's immediate welfare will be improved by moving to the new facility, I doubt that the court will object to you providing less than 15 days notice, even up to two days after the move.
But my advice comes with two caveats: 1) I'm not an attorney and I'm not qualified to give legal advice, and 2) if you have siblings who might have objections (reasonable or not), or if your dad has a spouse who might object, then you'll probably want to be cautious in moving your dad, which doesn't necessarily mean that paragraph (3) (b) (B) can't be used, just that you should be careful in doing so.
Best wishes, again.