My mom has lived with us since 2005. We moved from Syracuse, NY to Myrtle Beach, SC in 2015. My sisters kept calling police. Accusing myself and my daughters, 22 and 19, of abuse, always unfounded. DSS did come over last August and my mom was alone, watching tv with the family dog. They got her to let them in and they took her bc she was left alone. We never even got to say goodbye. I was her POA and executrix. She has lived with my middle sister for less than one year and she is already sick of taking care of her! So she and my oldest sister put her in a nursing home in NY last Friday. 5 hours after they left, they receive a call. She was left unattended in the bathroom and found on the floor with a fractured neck! She spent a few days in the hospital and yesterday admitted her to yet another nursing home, both of which are in Oswego, NY, where none of us live, but where we grew up. My mom's oldest sister is there. I called my mom today and the first thing she asked me is would I come and get her. I want to bring my mother back home with me and my girls in SC, but the administrator called and told me that at least one of my two sisters would have to agree or else I would need a court order. Do I have to apply for guardianship? Which court would I apply to? Family court or something else? Should I bring my copy of the POA and will? She was of sound mind when those were drawn up a few years ago. I also have her SC ID issued by the SC DMV showing her as living at my current address. We all miss her so much and we are her family! I made a promise to her that I would always keep her with me and take care of her and I want to keep that promise! Thank you all for any direction or advice you can give.
They want her in a facility because they have more control, access to her than if she is with you. Control. It has nothing to do what's best for Mom, it boils down to what is best for THEM! Now, do take into consideration when you speak with Eldercare Lawyer that they seem to love to call the police on you with false accusations and if you can manage to get her back, see if you can nip that behaviour in the butt on PAPER! You don't want to go down that path again, do you? Keep me in the loop, I will keep my fingers crossed it all works out for both of you.
The nursing home would cover its own liability by determining if she is a medically safe discharge according to the nursing home doctor. There is no guarantee that filling for guardianship would be awarded to you after the court battle. Since you live so far away, one of your sisters might be made the guardian which sounds worse, plus she was found left alone in your house which led to all of this to begin with.
I think we need more information about the doctor's diagnosis of your mother's condition and thus why she was placed in a nursing home.
Now look, they got her where they want her and she is now seriously injured. I wonder, will they go after the facility for neglect? Have the police come and take her out of there? Now where to? This is so unfair to you and your Mother. The only advice I can come up with is speak to the attorney that drew up the papers with you as POA and get his advice on these things. If he is not helping, call another Eldercare Attorney. I am sorry you are going through this with your family, I truly am. Hang in there.