I did some research due to another poster asking if she could be charged with "abandoning" her elderly, mentally ill mom who previously resided in the OP's home. She is now the resident of a group home for the elderly, but APS has called and said they may charge her with abandonment.
This is a discussion regarding the laws in Arizona:
"Elder abandonment is one form of elder abuse. Elder abandonment is the abuse, neglect, or exploitation of an elderly person. In most cases, the victim is a vulnerable adult who is unable to take care of him or herself.
This type of elder abuse occurs when someone who has assumed responsibility to provide care to an elderly person deserts or abandons that person. When the caregiver abandons the elderly individual both purposefully and permanently, it is considered abandonment."
The statute in California specifically mentions dropping the elder at a hospital, NH or Assisted Living Facility.
This would seem to be a warning not to attempt caring for an Elder at home, yours or theirs.
Here's the tale;
Senior 1 Able, caregiver for Senior 2.
Sn 2 health crises-acute-rehab.
Sn 1 heath crises - ongoing treatment required. Dr advises cannot continue cargiver role & to arrange Sn 2 stay in care permanently.
Sn 1 actively working to return Sn 2 home - against medical advice. Knowing they will not be able to adequately provide care.
Such strong attachment.
Yet potential for neglect.
These situations give us plenty to think about.
Graci,
I hope everything goes well for you from here on out. Best wishes to you.
Grace DOES have POA. The problem, I guess, arises when someone has POA and steadfastly refuses to accept discharge of their LO when they know it's no longer possible for care at home.
It behooves all of us to recommend consulting an Elder Law attorney when you end up in an adversarial relationship with your LO and or the facility they are in.
I so agree with you Barb. Too many assume care and don't know the costs, that they should have shared living expense contracts, and the legalities involved. In my mind no one should allow a senior to move into their home until they together see an elder law attorney.
At the same time I see people assuming POA who have no idea that they must do meticulous records that can stand up in court. Ignorance is no excuse before the law.
It is sad, always, to learn too late what we should have known.
"Older adult abandonment is the purposeful and permanent desertion of a vulnerable adult over 65. In general, a vulnerable adult struggles to maintain their physical or mental health. This is usually because the older adult suffers from mental incapacity or disability. The victim may be left at their home, a hospital, an assisted living facility, a nursing home, or a public location. The person doing the abandoning may feel overburdened or believe they lack the resources to care for the victim. Whatever the reason, one can only imagine the confusion and despair that the victim feels."