Myth
“If my mom has dementia and is making unsafe decisions that could potentially harm her, I can move her to a care facility even if she doesn’t want to go.”
Truth
The reality is more complex: Even if a loved one has dementia and is making unsafe choices, you cannot simply move them to a care facility against their will without following certain legal steps. Adults—including those with dementia—retain the right to make their own living arrangements unless a court determines they are legally incapacitated and appoints someone (such as a guardian or conservator) to make those decisions on their behalf.
Bottom Line
You cannot unilaterally move a parent with dementia to a care facility against their wishes unless you have legal authority to do so. This typically requires a court-appointed guardianship or conservatorship, based on evidence that your loved one cannot safely make decisions for herself. Understanding these legal requirements is crucial for families facing difficult care decisions.
Key points:
- Adults are presumed to have the right to make their own decisions, even if those decisions seem risky or unwise, unless a court rules otherwise.
- If your mom is refusing care and her safety is at risk, you may need to pursue legal guardianship or conservatorship through the courts. This process involves medical evaluations and a legal determination of her capacity to make decisions.
- Only after legal authority is granted can you make decisions, such as moving her to a care facility, without her consent.
Key Facts About Moving a Loved One With Dementia
- Decision-making rights: Adults with dementia retain legal rights unless declared incapacitated by a court.
- Guardianship/conservatorship: If your loved one’s decisions put her at risk, you may need to petition the court for guardianship or conservatorship. This process can be lengthy and requires evidence that she cannot safely make her own decisions.
- Medical and legal evaluation: Courts typically require input from healthcare professionals to assess decision-making capacity.
- Emergency situations: In cases of immediate danger, Adult Protective Services (APS) or law enforcement may intervene temporarily, but long-term placement still requires legal authority.
Common Misconceptions
- Many believe that family members automatically have the right to move a parent with dementia into care, but legal authority is required unless the individual is willing to go.
- Having Power of Attorney (POA) for finances does not necessarily grant the right to make living arrangement decisions; a separate healthcare or durable POA or guardianship may be needed.
- Even when safety is a concern, the law prioritizes individual rights and autonomy until incapacity is legally established.
Final Thought
Supporting a loved one with dementia who is making unsafe choices is emotionally challenging. While your instincts to protect are valid, the law protects individual autonomy until incapacity is legally determined. Seek guidance from healthcare professionals, social workers, or elder law attorneys to navigate this process and ensure your loved one’s safety and rights are respected.