Can we put mom in a home?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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