Can I place my mother-in-law in assisted living care even though she insists she is fine?
My father-in-law recently passed away unexpectedly from Cancer- My mother n law is Mid stage Alzheimer's. The last week my father n law was alive, we got finances, etc taken care of, got a durable power of attorney in place for my mother n law for all legal, financial and medical decisions regarding her care- This doc, gives us the right to make any decisions for her, now or at a time when she becomes incompetent- but doesn't state that she cant also sign for her self. She does not want to admit she has any problems, and is really at the stage she needs assisted living care- Can we put her in a home with a durable power of attorney, even though she insists she is fine? Or even with the power of attorney do we still need to have her declared incompetent?
Expert Answer
The type of power of attorney you describe is somewhat of an absolutist document: It goes into effect and allows the named agent to make decisions for your mother-in-law
if she is incompetent and not able to make them on her own. Most such documents will also specify how incompetence is determined"”generally, one or two doctors must certify the condition in writing. And if the document is silent on how incompetence is determined, it is a good idea to get a written medical certification if the principal"”here, your mother-in-law"”or anyone else is questioning the situation.
The power of attorney doesn't mention your mother-in-law signing for herself, by the way, because the law views her EITHER as competent"”in which case, the power of attorney is not in effect and she is free to sign any and all documents on her own. Or it sees her as incompetent"”in which case, she is legally not capable of signing contracts and such.
Documents and signatures aside, however, if your mother-in-law is truly bucking the idea of assisted living, you'll want to be as sure as possible that there is no alternative that fits her wishes and budget, such as some types of in-home assistance.
If a facility does seem to be the best alternative, make sure it is one that provides memory and Alzheimer's care"”as you'll want to avoid the possibility of needing to move her again should that become necessary.