I am the DPOA for my mom. She is in end stages of Parkinson's and was in a nursing home. She made the remarks she would rather kill herself than live like this anymore and the nursing home told me she had to go to a geriatric psychiatric unit for evaluation. She has been there over a week and she is just declining and I don't see where this place is helping her. As DPOA do I have the right to take her out of there and bring her home?
GOOD LUCK dear.
I don't have an answer for the legal aspects or what rights you have. However, I'd suggest not taking her home (I assume you mean yours or her home, not the NH).. unless you are able to care for her 24/7. As in quitting your job or hiring people if you can afford it. If you take her home, she won't want to go back to the NH if it proves to be too much for you to handle. It sounds like she is tired of her body being how it is and not just hating the NH?
Also (and I'm not 100% certain on this), you're risking her stay at the unit not being covered by Medicare-- or whatever insurance she has-- if you check her out AMA, Against Medical Advice.
Have you considered Hospice?
You could discuss discharge with the doctors but will you be able to care for her at home? Do you have the equipment needed? Although if she were on Hospice they would provide the supplies needed for you to care for her. But do you have help? If on Hospice she would have a CNA that would come 2 or 3 times a week to bathe and dress her, a Nurse at least 1 time a week to check her and order any medications necessary. And you would also have the ability to have the services of a Social Worker, Chaplain as well as other therapies and volunteers if you like.
If she truly wishes to harm herself though she is where she should be. (although personally I understand her statement and wishes)