My grandmother has been living with my aunt and uncle for several years. She is 84 and has slight dementia. Otherwise, she is self sufficient. She can go to the bathroom, bathe, get dressed, play cards, open and unlock doors and make her own food etc. Her doctors as a precaution don't want her living by herself but have never said that she can't be alone for short periods of time. One day my aunt called Social Services to ask about information regarding resources to help with her care when the time comes that grandma may need it. The day that the social worker showed up at the house, she said she knocked on the door but no one answered. The social worker saw grandma through the window (sitting on the couch during one conversation, and sleeping in her bed in another conversation). She kept knocking on the door and could not get grandma to answer. (Grandma is hard of hearing). The social worker then tried to call my aunt but did not get an answer. (My aunt had left for a doctor's appointment). The social worker then calls the police and they break into the house. The locks on the door of the house require a key to unlock from the inside or outside (which my grandmother knows how to do and has done before). The social worker claims that they were not able to quickly find the key to unlock the door from the inside of the house and is saying that this is an unsafe environment for grandma due to that fact. (The key has always been located by the kitchen door on the counter. (The same key opens all doors leading to the outside of the house). The social worker then has grandma taken to the ER where they evaluated her and said her vitals and health are good (no signs of any injuries or issues). The social worker then refuses to take her back home and forces her to stay in the ER where she has been since March 5 or 6. The social worker said "I have nowhere else to put her". She said they require someone else to take "guardianship" over grandma. I asked her if the locks issue is corrected so as to comply with the concern of safety, could she then be taken home. The social worker said "we are not entertaining that at this time.". They can't admit grandma to the hospital or put her in a nursing home or assisted living place since there is no medical need. The ER has said "there is no reason for her to be here". My grandmother has requested to go home several times. This seems to be an "overkill" response to this situation by an overzealous social worker. I also think that this tramples on Grandma's rights and freedoms. What can be done to resolve this situation?
And so on. It’s common sense that she shouldn’t be left alone even for short times. But she was. That’s lack of judgment by those who are supposed to be caring for her.
Blame aunt and uncle. The ER can’t possibly discharge her to more of the same for fear of getting in trouble for putting her back into the same insufficient situation.
You could also call your local elected representative's office. They have specialists in aging issues.
If Grandma never created a PoA, and she doesn't have a diagnosis of dementia (which normally would trigger the PoA's authority) then it's possible the county is getting ready to assume guardianship for her.
Even if Grandma can be extricated from her ER, it still doesn't solve the problem of her not having a PoA and maybe now beyond capacity to create one. This leaves 2 options: "someone" in the family pursues guardianship or the county moves for guardianship, both through the courts.
Now that Grandma is on their radar, they may not let this go. I would talk to an elder law attorney if I were you. This is a very unusual situation and depending on your home state, the rules governing this situation may be different than others.
I have to ask: as Grandma's dementia worsens... what is the family's plan to care for her 24/7 if she eventually, truly cannot be ever left alone?
I feel bad for grandma, because currently it appears she's OK to live at home, but my advice would be now to let the social worker deal with it. Don't take on guardianship because that requires a huge responsibility in care, commitment, time and money. If grandma does have dementia, it is going to get worse, and if she were to go back home, your aunt and uncle will soon be in over their head and begging for help, and that is when it often is so difficult to receive any. That's my advice, leave it to the SW to figure it out now.
You need to decide if you WANT guardianship, and are capable of doing this very difficult job. Because clearly Grandmother is not now being released on her own recognizance. That means doctors have adjudged her as not clear enough to be safe alone anymore. They believe she needs 24/7 care.
Good luck and I hope you'll update us on this complicated thing where you reached out for help and things went South from there.
Do you know how to do guardianship? Are you willing to be signing on all her bills and keeping all records of her funds; do you want to assume 24/7 OR see that she is safely placed in care? Are you living in her home, or is she in yours?
It sounds to me as tho the state has already taken on temporary emergency guardianship and have opened a case in which SOMEONE is going to be guardian over grandmother pending complete neuro-psyc exams. That may be the state and you take over if you are capable and wish to, or that may be the state period, at which point you will have nothing to say about her placement, her assets, or much of anything else.
I think you need an attorney dependent on where this now goes. If she is placed, that means they are taking control.