QUESTION

How do we legally place my mother in law in a memory care facility if she refuses to go. She's been in and out of the hospital since Ictober 2015.

Asked on Jul 19th, 2016 on Elder Law - Texas
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1 ANSWER

Kevin Spencer
I assume there is no power of attorney that authorizes you to take this action.  In order to place her as you state in your question, you will have to file for and be appointed as the guardian of her person.  This is, particularly, required if she is resisting.  You will need a court order appointing your husband or one of his siblings, if he has any, as Guardian of her Person, you can then use the Letters of Guardianship to place her.  Letters of Guardianship evidences your court authority to act. Depending on the county she lives in, the procedure will be slightly different.  Also, depending on the county, we can help you obtain a guardianship. Sincerely,  Kevin Spencer (214) 965-9999 www.spencerlawpc.com
Answered on Jul 24th, 2016 at 7:04 PM

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