Submitted by ajack on Mon, 10/17/2011 - 18:15
Posted in
We have a POA for my mom, who lives in PA. We would like to bring her to MA and put her in an assisted living facility, due to her memory problems. She has a diagnosis of early Alzheimer's. She does not want to go into an ALF and refuses in-home care. Is a POA and doctor's diagnosis of Alzheimer's enough legally to prevent her from leaving the ALF? We would prefer to avoid seeking guardianship, but don't know how we can keep her in an ALF legally.
Incompetence and housing or medical decisions
Keep in mind that that law of Pennsylvania is relevant in this case. But If your mother is truly incompetent, the assisted living facility may not admit her. She will need a higher level of care, such as a nursing home. If she has not been deemed incompetent, you cannot force her to leave her home.
If your mother's dementia progresses to a point where she is no longer able to make her own decisions, you will likely have to seek a guardianship and/or a conservatorship under the laws and procedures of Pennsylvania unless: (1) the Power of Attorney is durable and grants broad powers, including the right to make medical and housing decisions; or (2) your mother has, during a period of lucidity, executed a valid and enforceable advanced directive, such as a healthcare proxy, granting you the power to make decisions for her. You should really talk to an elder law attorney about this issue. Good luck.
MA laws vs PA laws
My mother is not incompetent in terms of daily activities (dressing, grooming, eating, laundry), but she is no longer able to make her own decisions regarding health and finances. We were told by a PA social worker that having a POA and a doctor's diagnosis of Alzheimer's would be enough, in the state of Pennsylvania, to keep her in an ALF. But since we want to bring her up here to an ALF, I was just wondering if the MA laws were similar. She has already been assessed by an ALF and they would admit her, but we are worried that there's nothing stopping her from getting in a cab and leaving. We have a POA for health and financial decisions.
Family Mediation?
Sorry, but this situation seems a bit awkward to me. I still think you may need to take some action, perhaps a guardianship, with respect to your mom. However, I do not know all the facts. Perhaps this is a case that could benefit from some family mediation. You can follow this link for some information about mediation in MA. Or you could look into the services of a geriatric case manager.