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We had to let him fail on his own. After a few years, he was judged in a hospital by psych to not have capacity to manage himself. Adult protective services had been called three times, but kept saying it was his right to make poor choices.
He took taxis home, he refused all home health or anyone to clean his apartment. His neighbors and friends kept asking us why we didn’t do something. We could not until he lost his legal right to make poor choices. APS finally said he was vulnerable because of self-abuse, and that did affect the psych evaluation.
The best thing we had was a POA that he signed last year when he was judged to be competent. That did not take away his right to make his own decisions until he was no longer competent.
Please do not get your legal advice from anyone other than an elder care law attorney. Every state is different and every situation is different.
If you ask these specific questions, you can get a lot of help on this site.
But there could be fallout later on by doing this. If they are in skilled nursing care aka a NH, there will be a series of codes associated with their care. These are ICD -10 codes & standard for how diagnosis & billing is done. If they leave and it’s recorded in their medical chart that they exited AMA / against medical advice, what could happen is IF they get hospitalized or seek medical care for anything with the same ICD codes that they were getting care for, that their insurer will not pay for any care associated with the same ICD codes for a period of time.
To avoid this they need to get discharged from the skilled care place and get a discharge report - or an aftercare document. It’ll have what their medications are & their schedule and if there’s PT or OT to continue or when a followup visit with their MD scheduled for or should be schedule by. Discharge report needs to be signed by resident or MPOA & facility keeps a copy. You need to keep your copy.
if you take them out, PLEASE be sure to get their medications.
RXs for NH usually get ordered in 90-120 day supplies. A lot of these come in blister packs & are tagged with resident name on a hanger held in the locked medication closet at the nurses station. You NEED to get these. MediCARE, MedicAID or other insurance will not pay for duplicate meds. So it will be totally private pay out of pocket to get their meds & could be frightfully expensive plus you will need a new script to get any meds.....