Can we put mom in a home?

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Can we put mom in a home?

Mom has dementia. I have document from 2 doctors saying that she can’t make her own decisions. She really needs to be in a home as her care is a lot of work on us 24/7. She acknowledges this. She said she would sign a POA to me. My sister agrees and says we should do this. Can I then with POA put mom in a home? Can I put her in a home now without a POA?

Asked on April 20, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF the POA was already existing, you could do this: the POA would give you the necessary legal authority (assuming it is the typical POA). The problem is, a person who can't make decisions cannot grant someone a POA, so if she did not make one yet, it is too late for her create a POA. What you would need to do instead at this point is bring a legal action to have your mother declared legally incompetent and have yourself appointed her legal guardian. Consult with an elder law attorney about doing this.


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