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I need some guidance on stopping my sisters son from moving her from her home against her will. We had home care set up for her and he came in and kicked them out. He now wants to place her in memory facility. Up until this point he has done nothing to help my sister and has been rude and nasty to her. He is on the verge of being guilty of elder mental abuse.

Is this son her PoA?
Does your sister have dementia?

Possible explanations that you may not be aware of:

Home care can be very expensive - 24/7 care can exceed the cost of a facility. In-home care can be very isolating and sterile. And it requires someone to manage it daily. Caregiving has to happen on the caregiver's/manager's terms or else it is onerous.

No elder really ever looks forward to going to a facility but it is often the only best solution for both the elder and their caregiver, and their finances.

"...against her will..." If she has dementia and has now lost her ability to use reason and logic and doesn't recognize her impairment then it's no surprise she won't want to go. This is a very common scenario. Also, facilities aren't gulags and they don't keep unimpaired people against their will.

Being the PoA does NOT require this person to also provide the hands-on care -- especially if they are still working FT and may have a spouse and children at home. It is A LOT of work.

Were you involved daily with your sister up until this point? More information would be helpful.
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Reply to Geaton777
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https://www.agingcare.com/local/elder-law-attorneys

Above is a link to find Elder Care attorneys in your zip code.

Btw, a POA has the right to place an elder with dementia into Memory Care Assisted Living without her permission and against her will. It's often necessary to keep the elder safe.
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Reply to lealonnie1
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If he has POA, he can place her. If she is of sound mind, he can't force her. If Memory care thinks she is being forced, they can refuse to take her.

If you have POA, you are in charge. He has no right to kick out the aides. If there is no POA and sister can make informed decisions, she can assign someone. But seems she isn't so now its guardianship. You can usually get a free consulation from an Elder Lawyer.
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Reply to JoAnn29
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Does he have POA or guardianship?
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Reply to JustAnon
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Call the elder law attorneys in your area and ask if they have a free consult. I just did one today over the phone and we talked for about 15 minutes. No charge.
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Reply to Stardust
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I’m assuming you are close to your sister’s age? I can understand why he might feel that she is better off in a care home than being cared for by a peer even with help. If you aren’t POA and he is, and if she also has dementia, I’m sure a 15 minute free consult with an Eldercare lawyer will clarify the limits of what you can legally do. And it is rare that anyone WANTS to move into care, but it is often the only safe or reasonable choice especially when they have become especially frail and/or have dementia.
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Reply to ShirleyDot
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