Follow
Share

I took my mother home last night, the social workers at the ER reached out to APS last week and I got an order from the courts to take her home because she had no medical reason to be in the ER.
I have an emergency hearing on next Tuesday because of the APS call from the hospital. My question is two fold, what exactly happens when the state takes over? My attorney has told me that community guardians are overworked and understaffed so they do cut a lot of corners when it comes to care.
What experience do others have with community guardians. My attorney told me it is a coin flip and it is extremely difficult to switch them.
I am also afraid they are going to try and use that my mother is doing well against me, has anyone gone through that? Where they try and frame your parents well being as a reason to not give up because their quality of life is not going to be the same. How did you navigate that situation.

Find Care & Housing
You have legal guardianship over your mother. Why is there any issue with you placing her in memory care where she clearly belongs? Being a person's guardian, conservator, or POA does not mean that you have to literally yourself provide physical care and a home for the person you have it for. You do not. However, you are responsible for finding adequate care for the person, a safe place for them to live, and to administer their money to pay their bills and act in their best financial interests.

If you're unable to be a competent guardian and find your mother a memory care facility, the state will. APS is trying to scare you because they don't want to use any resources for a case like your mother's. APS because of the current "government efficiency" nonsense going on in Washington is basically working on a budget of next to nothing. So, a senior like your mother who appears clean, well-nurished, and thriving is not going to be a priority to them even if you refuse to continue caring for her. You're going to have to get her placed youself, or if the court removes you as guardian like you've requested, they will find a place.

Find her a memory care facility and place her. You may as her adult child and next-of-kin have to keep her for a few weeks until there's an available bed in a memory care facility somewhere in your state. Or until your name is removed as guardian. So instead of paying big bucks to your lawyer who is doing nothing for you, spend that money you're shelling out on some temporary homecare until you get your mother into memory care.

Also, medicating a person to make them less co-dependent is abuse. This is not a valid medical/psychiatric condition which is why no doctor is helping you out. In fact, you should be ashamed of yourself that you'd even ask that. Elders with dementia are medicated for real conditions like anxiety, agitation, depression, aggression, dementia- related psychosis, and hyper-sexuality. Not because they're needy and their adult children think they're too dependent.

Find a care facility for your mother and place her. As I said, you may actually have to be her guardian for a little while until a bed becomes available somewhere.
Helpful Answer (3)
Reply to BurntCaregiver
Report
AlvaDeer Mar 19, 2025
Burnt I have heard lots of folks who cannot get out of Guardianship when they say they cannot function and when they say they are mentally or physically ill. The Judge will not relieve them. The courts don't want it. And they don't care if they are able to function. It is EASY to get out of POA> It is almost impossible to give up guardianship.

Our OP has tried to place mom. Everyone doesn't want her. They say she would require one on one care and they will not medicate her against her will, and I guess this is falling into MENTAL incapacity and not physical as in dementia because she is exercising the rights that those with mental incapacity can use.
I think perhaps this OP is caught in a bit of an existential nightmare. Not sure.
(1)
Report
See 3 more replies
Well, after reading all of this--and thanks for being so engaged in participating and in answering--I honestly haven't a clue.

I am really relieved that you have legal help. I think it is badly needed.
People as bad as or much worse than your mother are every single day placed into care.
Why that isn't happening here I can only wonder.

I do wish you the best, unamused.
Hope you will update us after the court date.
Like I said, invite them to imprison, house and feed you. At least then they will have to appoint someone else to Mom's guardianship.
Helpful Answer (3)
Reply to AlvaDeer
Report
Unamusedbyall Mar 19, 2025
Unfortunately, I have been told the guardianship is what makes it hard. Maybe you are right I should not be afraid of punishment. I know what they can do but maybe it is more of a question is will they do it. Would be a PR nightmare punishing someone because they can no longer do it.
(4)
Report
Unamusedbyall, first, I am very, very sorry you are in this position. It stinks and it's so hard. I've read through most of the thread, and I'm gathering that you are able to provide safe supervision for your mother, but it's just getting very difficult for you. I'm wondering if you've reached out to the social workers and demonstrated why and how it is becoming an unsafe situation for your mom and you. I get that you have guardianship, but if guardians have reached their limit, and tried every resource available, and still cannot secure enough resources to ensure the safety of their charge, there has to be an answer, no? Years ago, I had to have the ER help me place my father. They knew it would be unsafe to him to send him home, and they knew I didn't have the resources to care for him alone. I wasn't his guardian, but even if I was, I wouldn't have taken him as there was no other option. If I were you, I would call their bluff and fight every step of the way if you truly felt you have had enough. What they would do if they really wanted to follow through on their threats is refer a case to the local state's attorney's office. It would then be up to the attorney's office to decide if any charges should be filed. If that ever were to happen (and my guess is it would not), you keep pleading "NOT GUILTY" and take it as far as you have to and state your case in front of a judge. By the way, I don't remember the last time I saw anything like this in the news.
Helpful Answer (3)
Reply to mstrbill
Report

In my situation, I refused the discharge and pushed the hospital to evaluate her. My mom was kept in Evaluation until they had an Elder Care Attorney take my case. I was appointed Guardianship by a judge and my mom eas declared incapacitated. In the meantime, my mom started showing all her ailments such as blood clots, peripheral artery disease and dementia. The hospital sent my mom to rehab. I placed her in a personal care home while selling her house to pay for her care. It was very stressful, but that's what I did with my mom's Medicare.
Helpful Answer (3)
Reply to Onlychild2024
Report

If you move away from your mother's crisis and you have no shelter, go to your county for assistance. I would like to reference Covenant House, but they help only ages 18-24. Contact a county social worker, the best I can do.
I wish you all the best for the better! Where there's life, there's hope.
Helpful Answer (3)
Reply to Patathome01
Report

If mom has been declared incompetent and in need of a guardian what is the barrier to you, as her guardian, placing her. I am neither being sarcastic nor judgemental, I want to understand.
Helpful Answer (2)
Reply to Slartibartfast
Report
AlvaDeer Mar 19, 2025
She already IS the guardian.
That's part of the problem. They now have her in that position and won't let her go.
She will need court permission for everything and is accountable to the court and won't get out of guardianship and is unable to get mom off her hands even IF/WHEN she is ill.
That's guardianship for you and what I have learned I would never be one.
(2)
Report
See 10 more replies
After reading all this, I have some questions:

What if OP has a serious auto accident and ends up in ICU, or permanently disabled/paralyzed? What happens to Mom then?
Or, what if OP has a serious accident and dies? What happens to Mom then?

What I gather is that Mom must have one-to-one care mainly to EAT. She can bathe, toilet, dress herself. She can't communicate well, because she speaks her own (homemade) language. OP says without one-on-one, the problem is Mom "wanders off/gets into trouble." Isn't that the hallmark of MC, to keep patients from wandering/escaping at all times? The primary reason for placement in MC?

I would also think if Mom needs total help to eat, she would be fed similar to other dementia patients that require help eating (such as to prevent choking)? Thus, in between meals, she can wander the locked floor she is on, that prevents her escape, right?

How does Mom now attend adult programs during the day, which usually serve snacks or lunches? Must OP attend with her the entire time? Can Mom drink water or juice without OP holding a cup for her? Must it be the OP only, and Mom refuses an aide? If Mom eats 3 (assisted) meals a day (say 3 hrs), what about the other 13 hrs a day (21 hrs. less 8 hrs. sleeping)? Does Mom require a sitter those hrs, mainly to prevent wandering? The MC already prevents that with lockdown conditions. Thus Mom does not REQUIRE one-on-one 24/7?

These are all reasonable arguments that could possibly get Medicaid to drop the one-on-one requirement that is preventing Mom's placement.
Just throwing this out there to possibly help OP's case.
Helpful Answer (2)
Reply to Dawn88
Report
mstrbill Mar 20, 2025
You’re exactly right, Dawn. If OP were to become suddenly incapacitated, APS would step in and take over.
(2)
Report
See 1 more reply
I had been my late mother’s caregiver in faith for over two years when she suffered several fall injuries, went to the ER, at her age 92 and 83 then I got exhausted. In mid April 2013 while leaving her to dress herself on Easter, she landed in the hospital with another fall and a fractured pelvis and could not return home. Thereafter, my family got her placed into rehab, then AL, with my POA. Yes, I loved her in extreme pain but Thank God remote family got us help.

Thank God for POA, with my two family backups when I could no longer help Mom until she passed away at 95. I truly believed our faith helped us survive!
Helpful Answer (2)
Reply to Patathome01
Report

Unamused - I wish you all the best on Thursday with the hearing.
I hope everything gets better for you soon.
Helpful Answer (2)
Reply to MiaMoor
Report

Sounds like to me it is time to re-petition the court with a new care plan.

When we petitioned to get guardianship of MIL, we had to provide a care plan on how her needs were to be met. We were told if there were any changes or problems arose, we were to return to the court for further instructions. THAT was our only option as guardians and was an expense we were told upfront would be ours to pay.

IMHO, your only option is to return to the court for further instructions.
Helpful Answer (1)
Reply to MyNameIsTrouble
Report
Unamusedbyall Mar 20, 2025
Yeah, fingers crossed after the hearing on the 27th they accept I cannot do this anymore and at the very least give me a co guardian that will navigate the placement process and Medicaid for me.
(3)
Report
See All Answers
Ask a Question
Subscribe to
Our Newsletter