We are trying to do this in lieu of conservatorship. The person who was assigned POA is not following the wishes outlined in the trust and the Advanced Health Care Directive we have been told we can do a petition with the court. I just am looking for anyone who may have had experience doing this and the outcome, and any suggestions. My sister is deteriorating a little more each day because of the isolation she is experiencing in this facility. I am physically the closest but because of my schedule do not get to see her regularly lie I did when she was at home only a block away. Her doctors say she can live at home with 24hour care, her financial advisor says she can definitely afford it, but the POA refuses to move her home. Family members are kind of split but two of us firmly believe she should be home as she stated were her wishes in her Health Care Directive.
I am not a lawyer or a judge but IMHO somebody in Family Court or your county DHS should be able to concur (show them the documents, have doctors give affidavits) and force the POA to make it happen.
My Mom most of the time does not understand that she is in HER home of 50 years. She does not recognize her husband many times, they have been married 8 years. Sometimes she does not recogize me. The fewer changes for our loved ones with dementia the better they will be. If sister has adjusted to her surroundings it is better for her to stay there. Moving them is often very difficult, disorienting and will often cause a decline in their overall health.
APS will get involved if she is being exploited in any way and still may require a judge determination. If sister wants an exam by a neurologist she should ask for one! But now I wonder if sister is able to communicate at all.
No response, Dizzy?