Folsom, CA asked in Elder Law for California

Q: My mom was diagnosed with dementia. She doesn't want to leave her house but is unable to live alone. My siblings and I

disagree with where she should live, but who actually gets to decide?

Related Topics:
3 Lawyer Answers

A: It depends. Even though someone has dementia it does not mean they are incompetent to make their own decisions. If you mom wants to live in her own home and has sufficient assets to payfor that she should stay there until her assets run out. Hire some caregivers to take care of her. Put yourself in her shoes. Would you want to live at home as long as possible with family checking in to make sure your needs are being met? I bet you would. Let your mother decide what she wants and do the best you can to accomodate that.

Sally Bergman agrees with this answer

A: Your mom gets to decide for as long as she is competent to make decisions. If she has not executed a durable power of attorney, there may be some family disagreements in the future. One of the relatives may have to become the conservator.

Sally Bergman agrees with this answer

A: You should consult with an elder law attorney who can assist you in determining the best living situation for your Mom and can try to get everyone to agree to do what is right for your Mom. If she has not seen an elder law or estate planning attorney in the last couple of years, she should do so now to discuss her choices while she still has the mental capacity to do so. A diagnosis of dementia does not necessarily mean she lacks all mental capacity. Once she does reach that point, however, and cannot be convinced to move to a safe place, a conservatorship may be necessary, but you want to try to avoid that as it can be a very expensive process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.