elder care neccessary but involuntary removal from home to facility

[LdiJ]

hi, as stated above we live il IL and "the police said that, also an elder law attorney told her that.. They said she had to wait until there was a definite reason (like yelling or threatening behavior to get the poice to get her out of her home."

You might want to re-read my post. I was editing to add more information when you posted.

 

[marjorie88]

hi, as stated above we live il IL and "the police said that, also an elder law attorney told her that.. They said she had to wait until there was a definite reason (like yelling or threatening behavior to get the poice to get her out of her home."

thank you, we have a feeling that it is going to be very dramatic. she is belligerent

 

[Taxing Matters]

thank you, we have a feeling that it is going to be very dramatic. she is belligerent

Then if she will need assistance of the police or other government agency to move the sister she may need to apply for a court order that mandates the move. The police and other officials are often reluctant to get involved in forcing people to do things without a court protecting them. Without the court order, if it turns out your friend lacked the authority to make the sister move the government officials might be sued for violating her civil rights.

 

[marjorie88]

Then if she will need assistance of the police or other government agency to move the sister she may need to apply for a court order that mandates the move. The police and other officials are often reluctant to get involved in forcing people to do things without a court protecting them. Without the court order, if it turns out your friend lacked the authority to make the sister move the government officials might be sued for violating her civil rights.

exactly, the MD said she did not need a court order now that she has the MD report but we will definitely get a court order now. Thank you so much for your feedback. This was a question we had and now it is answered. Better to be safe than sorry.

 

[Zigner]

exactly, the MD said she did not need a court order now that she has the MD report but we will definitely get a court order now. Thank you so much for your feedback. This was a question we had and now it is answered. Better to be safe than sorry.

Wait - are you now saying that your friend DOESN'T have guardianship over the woman?

This is why we really prefer that the folks who are actually involved post their own questions. Oftentimes, third parties simply don't have all of the information that may be required for us to provide useful information.

 

[marjorie88]

Wait - are you now saying that your friend DOESN'T have guardianship over the woman?

This is why we really prefer that the folks who are actually involved post their own questions. Oftentimes, third parties simply don't have all of the information that may be required for us to provide useful information.

No she definitely has guardianship and power of attorney

 

[Zigner]

No she definitely has guardianship and power of attorney

No, she doesn't. If she's got a valid guardianship, then the power of attorney is invalidated due to the incapacity of the subject person. Besides, a power of attorney would be redundant.

 

[Taxing Matters]

No, she doesn't. If she's got a valid guardianship, then the power of attorney is invalidated due to the incapacity of the subject person. Besides, a power of attorney would be redundant.

Just a minor quibble. The power of attorney is not necessarily rendered ineffective because of incompetence. Pretty much every state now recognizes a durable power of attorney which remains valid even after the principal (the person who granted the power of attorney) becomes incompetent. So if it was a durable power of attorney, it might still be valid. But the guardianship supercedes the power of attorney if there were ever a conflict between an agent holding a power of attorney and a guardian. And indeed the guardian generally may revoke the durable POA that the ward (the incompetent person) granted to the agent. The guardianship has the further advantage that the ward herself cannot overrule the guardian.

 

[Zigner]

Just a minor quibble. The power of attorney is not necessarily rendered ineffective because of incompetence. Pretty much every state now recognizes a durable power of attorney which remains valid even after the principal (the person who granted the power of attorney) becomes incompetent. So if it was a durable power of attorney, it might still be valid. But the guardianship supercedes the power of attorney if there were ever a conflict between an agent holding a power of attorney and a guardian. And indeed the guardian generally may revoke the durable POA that the ward (the incompetent person) granted to the agent. The guardianship has the further advantage that the ward herself cannot overrule the guardian.

Fair enough