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Hi all. Thank you in advance for taking the time to read this. Like many, many others here, I'm at my wit's end. I know all the advice about powers of attorney (not happening) and guardianships/conservatorships.


I'm trying to do all this on my own, siblings won't get within 100 miles of mom and all the problems. I say dementia but I mean "dementia-like symptoms". She's currently moved out of my house into another family member's, claiming I kicked her out (She left when I wasn't at home and told the neighbor it was an emergency, He took her to the other residence) Half the family believes I really did that, which is hard on me after all I've done to shield them from her.


I'm currently seeing a lawyer in an attempt to get a guardianship to try to protect her and her property, which is currently being robbed (literally) from her by residents of where she is now. Thousands of dollars have gone missing from her bank account in the short time she's been there. The neighbor I mentioned is also part of the problem. He knows her mental condition and is trying to take advantage to buy her property (at a greatly reduced price, of course)


So far I've reported this financial exploitation to the police and DHR. Didn't help. They said I'm not the victim, and they need a complaint from her. Yeah.


So I talked to an attorney. He needs a diagnosis from a doctor. She has never been diagnosed as incompetent (for the same reason I haven't been diagnosed with a rare blood disorder. No doctor has ever been asked to check for that.) I tried to talk to her doctor about it but he said doctor/patient privilege prevents him from telling me anything about any condition she may or may not have.


In my county, there's a "County Mental Health Officer". He has met with my mom before and has determined that she doesn't "meet the criteria" (and he refuses to tell me what that is, simply that she doesn't meet it) for an involuntary evaluation.


The problem is, he's a "gatekeeper" between ANYBODY (DHR, family, the police, anybody) and the probate judge, who orders the involuntary evaluation. The police have asked him before about getting her an evaluation, nope. I've asked him several times over the last year, nope. DHR wanted to get her evaluated, nope. They all were told no by him and he's told me no.


The case worker at DHR pointed out to me that it may not be dementia at all, but some mental disease. But how to find out what that is? Who knows?


She will not voluntarily go to a doctor, and the Mental Health Officer refuses to have her involuntarily evaluated. One would think that going ahead with the guardianship would be the only choice but the attorney tells me that this particular probate judge wants an evaluation first.


So it's a "chicken or the egg" situation. He won't send her to be evaluated because she hasn't been evaluated. It makes zero sense.


To be clear, I'm huge on personal rights. I have personal rights and I like my rights. I realize my mother, despite her condition, has rights. NOBODY wants to step on her rights. But I'm trying to help a person that says they don't need help. In my opinion, with her behavior and the things she says and does, then claiming that's not a problem is a HUGE indication that she does in fact need help.


The police have seen it, DHR has seen it, doctors and nurses have seen it, (for one tiny example, she was in the hospital for a broken hip and they called me and said I had to intervene because she was accusing the nurses of trying to poison her and the doctor of trying to "cut her all to pieces" and kill her) All I could say was "Do the best you can with her, that's what I do."


My point is that it's not just one single person (namely me) who has experienced the terror that is my mom.


She will absolutely not agree to a power of attorney. She refuses to sign anything at all. Does anyone have an idea about where to go from here?

UPDATE: As of today, one of my sisters has stepped up and is going to try a last-ditch effort to get my mom to sign a POA for her. Failing that, I'm afraid she's on her own. It's just so odd to me that will all the lip service about "protecting the elderly", when it comes time to report wrongdoing, they seem like they don't want to hear it. Or if they do check into it, it's as superficial as possible.
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AlvaDeer Dec 11, 2024
Thanks so much for the update and hope you will keep us filled in. So many don't, and when you keep us in the loop it makes you and your situation so very real. Thanks, again. Good luck!
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Call her bank and give them a heads up that she is getting exploited by others.
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ThinkingMonkey Dec 11, 2024
First thing I did. They brushed me off* and basically said she was their customer and any complaints about her account had to come from her.

*I think they were doing a little "cover your a**. My state passed a law in 2016 requiring banks to report suspicious activity on accounts, specifically elderly account holders (the law is closely related to several "elder abuse" laws) but they did not report it. When I reported it to DHR and the police detective, they were told by the bank that they were only required to close her account, open a new one, transfer the funds, and issue a new card and checkbook for that account, which they did. By law, that is NOT their only requirement. They failed to report the activity that caused them to close the account. Bottom line: The bank is not helping.
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Do you think the universe might be trying to tell you something?
Cease striving!
Maybe put all that great energy into something that has a chance of yielding positive results.
If you end up with your mom back at your door in a year or two you’ll be in a better place to help - if you so choose.
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ThinkingMonkey Dec 11, 2024
Yes it is, for a fact. Unfortunately, I have a "Never cease striving" personality and even though, based on the advice here, that's what I'm trying my best to do, it's definitely not easy. But it has to be done. Let it play out on its own without my input, which clearly isn't working anyway. Of course you all are right. I realize that based on your own experiences and time on this forum, you've seen this exact thing play out many times and are advising me with what is undoubtedly solid wisdom. At least in the end I'll have plenty of people to blame besides myself. I reported everything to every authority that's supposed to handle these things and they're not doing it, so not my fault.
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Either see if you can "expedite" the guardianship process through an attorney, or accept that you have no real control and step completely away and let the chips fall where they may. The courts will eventually assign her a 3rd party guardian and take care of all her needs and affairs.

Even if you did get guardianship... what do you think will change? You still won't be able to physically force an uncooperative adult into a doctor's office, a bank, to take meds, go to a facility, etc. The only thing that would be an opportunity w/guardianship is if she went to the ER for some reason and at that point she can go into the psych wing until she complies with meds for whatever is her dominant issue (agitation, anxiety). From there she can be transitioned into appropriate facility care.

Do you really want to handle this hot potato? If your Mom was sort of like this all along... the answer should probably be no.

Or, are you thinking she'd go back to living with you? Heck no.
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ThinkingMonkey Dec 5, 2024
After today's yet-again debacle with the Mental Health Officer, I had begun to have thoughts for the first time about "You know, one option is to drop it. Just let whatever happens happen." Two things have kept me from that thus far: 1) What's happening is simply not right. No matter how you look at it, allowing an elderly person to get cheated and robbed isn't right. and 2) I don't want to have to get blamed (even by myself) for after everything goes to crap (and it's headed that way fast as we speak) that "Why didn't you do something? Anything?" but perhaps I have already. Done everything I humanly can. And your last sentence. The thought of her living in the house with me again is definitely not a list of things I want to do. Doesn't that sound horrible? But it's the honest truth. She was making my life pure hell. This lady would willfully and intentionally try to cause an argument. For example, she picked up a stack of towels one day and said 'What do you want me to do with these?" I said "I don't particularly want you to do anything with them. Put them down, I guess." She kept on about it. Finally I said "Ok, on the end of the couch there, I guess, and I'll put them up later. She walked over and placed them on the seat of the recliner. Is that common with dementia? Ask you a question that you don't even think is worth the breath to discuss only to finally pry an answer out of you, just so they can then do the opposite?
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The answer to this is NOPE.
Stay away; bow out; move on with your life.

It sounds like this is all going NOWHERE and I think you should be happy.
If that attorney was honest with you then guardianship will cost a minimum of about 10,000.
Moreover, if you should WIN you cannot ever quit. The only way to resign guardianship is through a judge and even if you are ILL they won't allow you to resign.
Now add to this miserable stew the fact that operating as guardian for a demented and uncooperative person is a bloody nightmare.

This is all a mistake. She doesn't want you care. They have refused to 5150 her for diagnosis because she doesn't meet the criteria. It doesn't matter WHAT that consists of because almost no court in the land will take a citizen's sovereign rights from him or her. They are loathe to do so. You would need more than a few doctors to examine for neuro-psyc consult.

Move on. It's her money. It's her choice. It's her life, and in truth she has HAD HER LIFE. Do not throw your own life on her burning funeral pyre. I have been on Forum for 5 years. It doesn't work out well. You also would be hounded through the nine circles of Hades by this family who would draw you in court to examine your records every 5 minutes.

My advice? Move 1,000 miles away. And I mean that.
Now you are an adult. You can and must and WILL make your own decision. I can ony wish you the best of luck.
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ThinkingMonkey Dec 5, 2024
Of course you're right, my friend. You're right about the family also. After hours and days and weeks of me talking and literally dozens if not hundreds of stories of things she's done and said, I've been getting a very distinct feeling lately that they were acting like they were understanding simply because she was with me and not one of them. Now that she's "in the wild" so to speak, I feel like there's an opinion among them that I should have done more to keep her with me. I see now that there's only a single reason for that: So that she won't end up with one of them. They can't offer one ounce of help, but can certainly offer tons of criticism. About them questioning my handling of her finances, you're right about that too. I've seen several examples lately of them not liking my ideas and plans but they don't care to come up with an alternative one of their own. If I was legally responsible for those finances, there's no doubt I'd either be called into court or at least talked about behind my back for "not doing it right." You know, about the financial exploitation that's currently happening, I reported it to the police and to DHR. I can hand them the evidence (and there is actual evidence) but I force them to act on it. So when they do come asking me when all is said and done why I didn't do something, I can honestly say I did. I reported it to the authorities, they told me I wasn't the victim, the end. I'm guessing the folks currently robbing her must have already known the police or DHR wouldn't act. They seem quite open and brazen about what they're doing. But, for my own sanity, I HAVE to come to grips that it's not my money so it's not my problem. I reported it. Did everything possible and it didn't work. Anybody that would like to rob elderly people, I can tell you what state (or maybe it's just my county) you can safely do that in. Amazing that they're saying I can't report a crime because I'm not the victim. The next bank robbery I see, I'm going to walk away like I didn't see a thing. When they try to charge me, I'm going to say it was my understanding that I had to be the victim. That's what I was told anyway.
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