I have been caring for mom for 14 years now, however, it is becoming dangerous for her and my family. She is denied Medicaid. Makes too much money. The immediate issue is that the hospital is releasing her and when I told them she cannot come back here, they said either I pick her up or they will deliver her by sheriff. Can they do that?
If so, the hospital have no medical reasons to do other than return her to her pre-admission home. So the duty of care belongs to you.
If she is significantly worse that is different - the hospital have duty of care.
If it's time that Mom left your house (you sound like you are done & I get that) then take this on & get the advice you need to make it happen. That may be legal advice, financial advice, medical assessments & an elder care specialist to help locate the appropriate residence.
You could be overwhelmed (understandable!). Try not to panic, just research who can help you get to the end goal of Mother being cared for professionally. Best of luck.
If she is “going after” your minor child, it sounds like she is a danger to herself and/or others.
Your child is entitled to a safe environment and it seems that you could be held liable for not providing that safe environment.
You and your husband should also be entitled to a safe environment.
I think it is a great time to go on vacation, at least until you can speak with an attorney Feb. 27. If the sheriff comes and no one answers the door, I guess they will have to return her to the hospital. It is my understanding that in my state folk do not qualify for medicaid if they are going to remain at home and they make over a certain amount of money but if they require a facility for care this does not apply if the cost of the facility is more than their monthly income. However, if they have assets (cash, vehicle, a house) over $2,000 they have to spend down to qualify for medicaid. It is amazing how family members are required to care for the elderly or be charged with elderly abuse but the elderly don't have to do anything that they don't want to do because they have rights. I hope that this works out well for you.
So now the question is - is it HER propperty? Or yours? If yours - legally, you would have to find a way to evict her - legally. I stress legally.
If it's her property - then perhaps you should move and let her back into her own house and let the chips fall where they may. IF your mom is still considered 'competent' . . she could evict you if she wanted (I'm not saying that would happen - but just to illustrate my point of residency)
You don't say if you have POA, Guardianship? or if there is a living trust involved - or whatever.
Perhaps its time to HIRE a caregiver?
For the sake of Hospital discharge . keep in mind -who REALLY has the right to live there (whether it's safe for her or not).
My mom lives in her house (totally unsafe for her to continue to live there) - but its her house. And I have no control over her at this point in our lives. I'm sure there will be a day I will be able to get control and move her to a safer and more financially feasible situation. But we're not there yet. Probably need a handful of more trips to ER and such - could be months . .could be years. She is 89, and a very stubborn and determined 89 at that. The LTC she was in discharged her a couple weeks ago - but they made her arrange for 24/7 caregiving in order to let her back into her own house.
It's possible the hospital sees YOU as the official caregiver and - I do believe they have a right to discharge her to her own home/residence of 14 years and you have been there as her caregiver for 14 years.
If you don't accept her - she can get you for elder abuse I bet. Just sayin. Watch out.
Just tell them it is not safe for her at your house