Austin, TX asked in Elder Law and Health Care Law for Texas

Q: if i feel a home health caregiver is exploiting my elderly dad in our home, how can i get rid of her?

my dad does not believe that she is doing this. he states he wants her there. we need to get him checked by a doctor to see if he is not going through some mental issues. we have reported the concerns to the company but they state that what she is doing is ok.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: If your father has legal capacity to contract, he has legal capacity to select his own caregiver. On the other hand, you have a right to decide who comes in your home. It sounds as though the company has not discovered a difficulty. What evidence of exploitation do you have? Do you think that it would stand up in court? Think about this and see what the doctor says. Maybe you could alternate this person with some others and find someone else whom your father likes.

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