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Dad is dangerous, Mom won't agree assisted living.

My 86 yr old father has dementia and is physically, emotionally & verbally abusive to mother 84 yr old. My mom refuses to admit he needs to be placed in safe environment. She has to lock herself in separate bedroom at night. Sister living with them now 24/7 but we want to put him into safer situation. Mom refuses. Our father has slapped her and tries to corner her with intent to hurt her. Grabbed her arm and bruised arm. We (sisters and brother) want to have him placed adapt in assisted living. What are legal options if mom won't agree?
Dad has lucid moments where he remembers he was mean and gets down on self. Tried to kill himself but sister defused. He getting much worse. Mom did agree that 911 will be called next time he tries to harm her.
My brother calling attorney tomorrow but appreciate help suggestions from everyone anyone.
Status: Open    Jan 26, 2016 - 07:25 AM

Elder Law, Dementia

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4 answers

Expert Answers

Jan 26, 2016 - 09:48 AM

Each state is slightly different in this regard, but here in Alabama we have what is known as an "Involuntary Committment" hearing. You or your mom would file a petition seeking an involuntary committment and a ruling as to your dad's mental status. He would then be escorted to a psych unit for observation and prognosis. A few days later a hearing would be held and the judge would most likely rule that he is a danger to himself and others and needed to be treated for the condition. Not exactly what most people look forward to but necessary in many cases. It gets him the help he needs, and that is what is important, not what the neighbors might think.

Good luck!

Jan 27, 2016 - 10:19 AM

Calling 911 would be the best option. It would be worth looking into formal commitment proceedings. Contact your local probate court office to ask about those types of proceedings.


Jan 27, 2016 - 06:20 PM

Re first response worrying about the "neighbors" isn'tthe issue here ..... My mom having hard time coping with this and in denial. It is tearing her apart. Dad still has many moments where he is fine and can function pretty well. But the "bad" moments getting worse more violent with vulgar language and horrible accusations. And attempting physical abuse.
How to convince mom that for her safety they need to be separated? Trying to be careful with moms emotions and not upset her too much This very difficult for the family. Dads PCP said a while ago he should be moved but family trying to prolonged it. We worried for moms safety.
Would it be beneficial to get statement from family doctor or still recommend he get psych evaluation?
Thank you for your time

Source: baileyhermit

Feb 06, 2016 - 08:41 AM

If mom still won't budge on keeping him home with her, you also have the option to contact Adult Protective Services. Mom's feelings are important but she could get herself killed and strictly speaking, she is failing to get critically necessary evaluation and treatment for Dad. Suicide attempts are not supposed to be ignored. I think a call to his regular doctor is fine to let themknow what is going on, and if there is a POA they could supply an incapacity letter (some states or documents require two for a POA to be fully activated) - but yes, you are going to need a good geriatrician and a geriatic psychiatrist for this. This is a huge burden for your sister and as the one there in the midst of it, her perceptions and desires should be given priority consideration as well. One person alone can't really provide 24/7 supervision, and that's what this calls for, unfortunately. Access to potential weapons must also be removed. Wish this was easier. You are doing the right thing to realize the level of danger and that things cannot be permitted to go on as they are, even if your mom wishes it could, thinking things will get better...they just won't.
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