Follow
Share

79 yr. Old brother diagnosed with Alzheimer's. In danger to continue to live alone and to drive. What type of lawyer is needed to force him into a memory care unit ? He only is willing to move out of his home in Maryland ( being cleaned up and to be sold ) and get an apartment near family in Rhode Island. His wife ( stroke in 2019) is PERMANENTLY in a Pawtucket nursing home . LAWYER FROM WHICH STATE SHOULD BE HIRED? MARYLAND, Cape Cod ( where sister with power of attorney lives ) or Rhode Island ?

This question has been closed for answers. Ask a New Question.
I think there's a misconception about the role of an attorney.    Unless he/she is a governmentally employed attorney for an entity with control over people in your older brother's condition, he/she doesn't have the capacity to force someone, w/o going through court proceedings.
Helpful Answer (2)
Report

No lawyer can "force" anyone to move into care anywhere. What you need is a family member who is appointed by the court to be conservator for this gentleman and his finances and care. This is an enormous task involving both placement care and keeping track of all finances in a recorded and meticulous manner. A POA may or may not be enough. And whomever does take on conservatorship should use a lawyer in the state where the elder lives and is to be placed if this is to be done against his will. If he does however agree to selling home, and to placement, the POA may be enough, but again, requires a lot of work and meticulous record keeping. In some cases an elder law attorney, paid for by the gentleman's estate, is enough. Much depends upon the degree of cooperation. This is difficult to do by anyone out of State. I managed my brother's Trust and was his POA within the same state, but divided by enough miles it required plane trips. Can be very difficult. Am wishing you all the best of luck. Start with all documents and an elder care attorney from the state in which the older brother lives.
Coming in to add that I have just read the update from Geaton below regarding previous questions regarding this very complicated situation. This may be more than any forum can advise you on. Clearly legal help may be needed. I hope you will all manage to get together and decide the best steps forward.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter