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"A mental hygiene order is a type of warrant that allows for involuntary hospitalization."
So, when your brother says she is stable there, he apparently means she is mentally stable. Perhaps he went through a lot to get her to that condition and moving her would upend this. Maybe she had to go to a specific facility that was more capable to deal with whatever her mental/cognitive issues were when admitted. Maybe he's burnt out and doesn't want to reinvent the wheel in getting her moved.
Medical POA does not get someone into care. Financial POA does. The facility needs to know how a residents finances are. Can they afford the care. The MPOA is limited. It is used to make sure the principles wishes are carried out. If something is not covered in the directive, then MOA makes the decisions. MPOA also talks to Medical staff.
Maybe Mom was placed where she is because this is the place equipped to care for her. If she is doing well there, then I would leave well enough alone. Visit once or twice a month and rent a room somewhere and spend the night.
It’s literally the entire point of a poa.
Is your Mother on Medicaid? It's possible there were not beds closer in to him or others. In my SFIL's case his legal guardian placed him 1 hour away in a newer, nicer rural facility that had open Medicaid beds. We requested he be moved closer so that it wasn't such a long drive to take my MIL to see him. But then the facilities closer in were much worse.
You should just ask your brother the reason. It could also be the cost if she's privately paying for it.
This sounds like a legal issue.
I would consult an attorney.
You may need to seek guardianship. However, that is a very tough job, so before you request guardianship from the courts you should look up the duties of a guardian in your state. They are onerous in many cases.
Wishing you the best of luck.
Even for those who have family in the same city or town.
Im curious on the “mental hygiene” stuff. What was that all about?
My gut feeling is this and its fallout is the big overriding factor as to why your Bro is so set on her staying where she is. Mental Hygiene is used often in NY as this State has pretty detailed information on how it can be used. Theirs seem to have a whole requirement for “civil confinement and intensive supervision”. Most facilities will not take this type of resident as they cannot meet the requirements that State fully expects of them for someone who enters under “mental hygiene Act”. It’s flat going to need more staff time to keep tabs on someone, monitor their medications and interactions with others, etc. NH have huge staffing issues right now, so not taking in a heavier workload for staffing type of resident is the thing to do. There truly may not be another place that will take her.
Was any of her problems inappropriate sexual stuff? Mental hygiene gets used often for that. It’s a way to have law enforcement/ APS get them out of the community without having to do an arrest and then jail / prison placement. Sexual stuff often is kept as secrets in families. You may want to, without being all judgmental, go into what her health history and her behavior has been to see what her red flags are for being viewed as a difficult long term care placement.
It is a legal designation. And the only way a new one will be named is if the original resigns - and if there are no others named, the courts have to get involved.
So I think you are misunderstanding what happened.
As for as updated POA, I asked an elder lawyer. My mom had a legal form for MPOA assigned to me. Someone came into her IL to give a lecture on documents. My mom re wrote a new MPOA and designated my brother. It was witnessed at her IL during this program. The elder lawyer told me that the new one went into effect. My brother and I found out about the new document since it was on her refrigerator when she was taken by EMS and we were told at the hospital that he was now her MPOA. This is not what my brother wanted because I had the medical background. It was not long afterward that I did have to file for guardianship and she was declared incompetent my her PCP for court records.