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My grandmother was recently placed in an assisted living complex, against her will.?

My grandmother has dementia and was tricked into giving power of attorney to her alcohol--drug abusing son, from my amazing sister who only sought to help her. She doesn't even remember signing the paper work! She does not pose a physical harm to herself or others--she just sort of phases out at times. The facility that she was placed in is not allowing us to take her off campus and is essentially holding her against her will. Is there anything that we can do? We live in NYS. Please cite answers for reference.

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  • 8 years ago
    Favorite Answer

    OK first off why didn't the "amazing" sister get gramgram to give her the POA instead of the POS brother (why not you)? If you or your sister wanted to help why didn't she/you step up and do the heavy lifting?

    Next you Granny has Dementia can she remember to pay all her bills on time? Can she take care of herself without any outside help (sanitation, dressing, meals)? Does she remember to consistently take her medications at the proper time and at the proper dose? Does she still understand finances well enough not to become destitute? My guess is a big fat NO to at least one of my questions (if not all). Nana wouldn't need a POA if her condition wasn't an issue, it isn't just physical danger that you have to worry about strangers could con her out of her life savings but screwing up your meds can be a physical danger .

    If she doesn't remember signing herself in to an assisted living complex I can't think of any better reason to justify her being there. Let's see she can live with a drunk, drug addict or in a carefully controlled environment specifically designed for elderly people that require assistance to live? Hummm....... ?????

    What I see is a bunch of family members that didn't want to step up and bear the burden so the black sheep of the family was put in charge of committing grandma to a nursing home.

    >The facility that she was placed in is not allowing us to take her off campus

    Yeah, most don't and the few that do generally require you to make arrangements well in advance along with signing a lot of paperwork releasing the facility from any responsibility. You have to understand the facility is responsible for their charges there have been instances where clients were allowed off the premises with relatives and they came to harm and other relatives sued the facility and won.

    > Is there anything that we can do?

    Yes you can hire a lawyer who practices elder law and discuss your options they may be able to challenge the brother's POA. That being said dementia patients don't like being put in a home some absolutely hate it but that doesn't mean it isn't the best thing for them.

  • 8 years ago

    well that is holding without cause. they have to allow family to take her off the premises. also if the son is alcohol and drug abusing as you say, he can have his power of attorney taken away because he is breaking the law and poses a danger to himself, his grandmother, and others around him.

  • Anonymous
    8 years ago

    well go bust her out of the clink already then.

    Hell, when I pull up to my 83 year old grandma's house she's got her purse in her hands and the little step stool she uses to get into the truck waiting. She doesn't care where I take her.

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