caregiver liability

[caicos2]

What is the name of your state? Kentucky

My elderly in-laws moved in with us 41/2 years ago when their living alone became dangerous for them (forgetting pans on lit burners, forgetting to turn on AC or open windows when it's 98 outside for days in a row, etc.). In the last year their health has gone down hill. My father-in-law (92) can no longer walk at all, get in or out of bed or up and down from the toilet without help. My mother-in-law (84) has congestive heart failure and is wearing herself out trying to lift him. We finally convinced her that she needed to convince him that they needed to move to some type of facility where assistance could be provided. Having overcome his resistance to going to a facility, we found a nice assisted living place with an opening, put down a deposit and thought we were set to go. When I took my mother-in-law to view the place yesterday, I found out that he would not be accepted because he can't walk (I have no idea in all the questions we asked and all the info offered when we were checking out different places that no one mentioned that he had to be able to walk). The director of the place we picked out told me that they had to be put into some type of facility ASAP because they could no longer care for themselves and were a danger to themselves and that we could be held liable if one of them got hurt (we both work during the day) because we were aware that they were unable to care for themselves. She also said that if something happened and the authorities became aware of the situation, the state could place them in any facility it chose to. Monday I will start checking on what options for placement or open to the in-laws, but I am concerned that something might happen before I can get them settled. Do we have a legal problem here?

 

[candg918]

Check with other assisted living facilities

Not all assisted living facilities require that a resident be able to walk. Some require that they need only 1 person to assist with a transfer to and from a wheelchair. All AL facilites I have visited have individuals in wheelchairs. One did have the requirement that they could not even be using a wwalker when admitted but could do so during the course of their residence.

You might check with one that has a memory care unit as they might have fewer restrictions on that unit.

Before they accepted your deposit, they should have done an evaluation of your parents status. Here they will even come to the house to do so if requested.

Good luck

 

[BlondiePB]

What is the name of your state? Kentucky

My elderly in-laws moved in with us 41/2 years ago when their living alone became dangerous for them (forgetting pans on lit burners, forgetting to turn on AC or open windows when it's 98 outside for days in a row, etc.). In the last year their health has gone down hill. My father-in-law (92) can no longer walk at all, get in or out of bed or up and down from the toilet without help. My mother-in-law (84) has congestive heart failure and is wearing herself out trying to lift him. We finally convinced her that she needed to convince him that they needed to move to some type of facility where assistance could be provided. Having overcome his resistance to going to a facility, we found a nice assisted living place with an opening, put down a deposit and thought we were set to go. When I took my mother-in-law to view the place yesterday, I found out that he would not be accepted because he can't walk (I have no idea in all the questions we asked and all the info offered when we were checking out different places that no one mentioned that he had to be able to walk). The director of the place we picked out told me that they had to be put into some type of facility ASAP because they could no longer care for themselves and were a danger to themselves and that we could be held liable if one of them got hurt (we both work during the day) because we were aware that they were unable to care for themselves. She also said that if something happened and the authorities became aware of the situation, the state could place them in any facility it chose to. Monday I will start checking on what options for placement or open to the in-laws, but I am concerned that something might happen before I can get them settled. Do we have a legal problem here?

Yes, you have a HUGE legal problem here. Leaving your in-laws home alone when it is not safe to do so is elder abuse. Because your mother-in-law helps her husband transferring from the bed and toilet, she will likely continue to do so even if they are both placed together, still endangering herself. That's what old folks do.

Consider hiring a live-in CNA or one to be there while you are at work. Make sure the CNA is licensed & insured, which is best done through an agency as the CNA will also be covered by worker's compensation. The cost of this will compare to the cost of both your in-laws room & board and additional charges at an ALF. Until you decide what to do with your in-laws, hire a CNA to be there when you are not home.