New Braunfels, TX asked in Family Law and Elder Law for Texas

Q: Wife's mother with dementia living with us is unwilling to move to a nursing home. What options do we have?

Wife is disabled and cannot care for her mother every day. Mother is ambulatory, coherent. Wife's older sister lives in France and agrees that mother needs to be in a care facility that can provide her with the assistance she needs. Mother also smokes. Mothers younger brother agrees that she needs to be in a nursing home. Wife does not have POA.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Elder Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Without a Medical or Durable [Financial] Power of Attorney allowing your wife to enforce the doctor's orders (assuming that they are for nursing home care), you mother-in-law may need to become a person under a guardianship/ Contact the county or probate court where she lives for a list of Approved Guardianship Attorneys.

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