Can I keep my Mother in a nursing home against her will? Her doctor advised the nursing home due to dementia and paranoia issues she has. Mother wants to leave and find "someplace" to live in New Jersey, we are in Texas! She wants me to take her to the bank so she can draw out all her money. Can she do that? I am listed on her account as an "and" so I have been paying all her bills. She is 90, health good, but feeble. She is housed on the "secure" section of the nursing home as she attempted to "get away" once. I don't have POA and never will as stated by Mother. Below is a more detailed description of our problem!
I am in Texas and my 90 yr. old Mother fell about a year ago and dislocated her shoulder and fractured her collar bone. At the time she was living alone in a rent house 4 hours from my residence. Got the call from the hospital that she was admitted in the middle of the night. Drove to hospital and doctors there told me they were able to put the shoulder back in place but Mother needed follow up with an orthopedic doctor. I decided to take her to our home, found a local orthopedic doctor plus a primary care practicioner (our family doctor). During the year Mother stayed with us her doctor (PCP), told us Mother had some issues; paranoia and dementia and he further stated she could not live by herself as before. My Wife and I are both over 65 and retired. We planned a 3 week vacation to visit our children and contacted a local nursing home regarding "respite" care for Mother while we were gone. The time came and Mother was admitted. When we returned 3 weeks later we were told she tried to escape for lack of a better term, and was placed in the "secure" wing of the home. Her doctor told us the nursing home was the best place for her and we took his advise and she has been there for about 9 months. I have been taking care of all business as I am named on her checking account as an "and". I don't have POA and never will. NOW to my question(s): Mother wants to leave the nursing home and go back to New Jersey where she was raised and find a place to live. She wants me to take her to her bank and get all her money out. Can I within the law keep her in the nursing home? Can she within the law go to the bank and take all her money out? I cannot just turn her loose and let her go to some imaginary place in N.J. to live. She is feeble, and unable to take care of herself in the doctors opinion. General health is good but not well enough to be on her own. I would appreciate some advise as this situation is really dragging my Wife and I down.
1 Answer from Attorneys
I am an Austin Uncontested Divorce Lawyer so your question is not my general area of practice.
Bottom line: You may be able to have your mother in the nursing home against her will, but you will need government intervention.
You should consult with a Family law lawyer (specifically one who handles guardianships).
You may also have some success contacting the State Office for Adult Protective Services: 512-438-4800 .
You should not use my answer as legal advice, do not act on my answer as I do not know all of the facts. Consult with an attorney.
Good Luck!
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