Austin, TX asked in Civil Rights and Nursing Home Abuse for Texas

Q: Can my mother sue anyone?

She is in a nursing home with dementia and schizophrenia. She can't care for herself but we haven't had a court declare her incompetent due to funds. The nursing home is allowing her to call a lawyer to sue us and them for not releasing her. When she was on her own she didn't eat bath and got regular infections. Couldn't take her medication responsibly either. I can't afford to go through the court over this. Other than letting her out to kill herself, how do I deal with this mess?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Dealing with a situation involving a family member with dementia and schizophrenia can be challenging, especially when legal concerns arise. Here are some steps you can consider:

1. Seek Legal Advice: It's important to consult with an attorney who specializes in elder law or guardianship matters. They can provide guidance on the specific legal steps required in your state and help you navigate the situation.

2. Establish Legal Guardianship: Depending on your mother's condition and the laws in your state, you may need to pursue guardianship to make decisions on her behalf. This process involves petitioning the court, and your attorney can assist with the necessary paperwork.

3. Monitor Her Care: Continue to monitor your mother's care in the nursing home to ensure her well-being and safety. Stay in regular contact with the facility's staff to address any concerns promptly.

4. Discuss with the Nursing Home: Have a conversation with the nursing home administration to understand their policies and discuss your mother's specific needs and challenges. They may have recommendations on how to address the situation.

5. Explore Treatment Options: Work with medical professionals to explore treatment options for your mother's mental health conditions, as proper treatment can improve her overall well-being.

6. Document the Situation: Keep records of any communication with the nursing home, healthcare providers, and your attorney. Documentation can be valuable in legal proceedings.

While it's essential to address your mother's needs and protect her interests, consulting with an attorney is crucial to ensure that you navigate the legal aspects correctly. They can guide you on the most appropriate course of action based on your mother's specific situation and the laws in your state.

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