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Per places I am interviewing for possible, potential placement, they are stating once the parent is admitted, it is only the Power of Attorney who can sign papers to discharge my parent if needed (for example, the place is horrible, a family member has retired and is able to move the parent to their home, etc.)
Does anyone have experience with this?

I don’t have direct experience, but I think the principle is pretty clear. In general in life, the only person who can sign someone in or out — or make this kind of important decision in general – is the person themselves (the principal) —IF they still have decision-making capacity.

And if they don’t have decision-making capacity because of dementia, etc., then those same decision-making powers are in the hands of the POA, if any, who is expected to act in the best interest of the principal.

If there is no POA, then there needs to be a court appointed guardian.

No one else has that power – no more than I can walk up to a facility, pick a person at random, and sign them out. There’s no exception for being a family member, or a good friend, or being well-intentioned, etc. I just don’t have the decision-making power for that person.

In light of your other questions here, and understanding that you are not the POA, I hope you’re not contemplating whether you can permanently sign a parent out (who does not have capacity) even though you are not the POA, as long as you have a good plan for them. My understanding is that the POA has to make that call. Perhaps you were thinking of for a day trip or going out to a restaurant or some such. In that case it would presumably be with the POA’s permission.
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Reply to Rumbletown
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Yes. And furthermore, the POA can also stipulate who can and cannot visit the resident or take her off of the premises at all. This is especially true in Memory Care Assisted Living where the POA makes all the decisions for the resident who has dementia. Some folks here will argue that point with me, but in the 2 MCs I was involved in, there was a list at the front desk of people who were not allowed into the residents suites or to take them out of the building. This was due to family feuds and things of that nature.
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Reply to lealonnie1
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SummerHope Aug 9, 2024
Wow the memory care unit which sounds really good told me it involves a court order to prevent a visitor. Visitors must follow proper conduct however when visiting.
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Yes. The POA is in charge. You have written us many times now to try to interfere with the legal and legitimate POA over your loved one, Summer. Please stop, and please start SUPPORTING the POA instead of making trouble.
You were already told what a guardianship fight would end in and how much it would cost. But, again, if you think to make decisions for someone no longer competent to make his or her OWN decisions, think in terms of 700.00 an hour, a costly court fight, and one you are almost certain to lose.

You are expressing great anger at a legal POA and at all medical help trying to help your loved one. I hope that you will cease and desist before you have a legal stay-away order in terms of a restraining order.
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Reply to AlvaDeer
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It’s been my experience that POA for finances holds the power for admissions and discharges.

The financial POA is the person who makes sure the facility gets paid. No facility is going to let you admit your parent because you have no power to make sure they get paid .
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Reply to waytomisery
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If the agent's authority has been activated per the criteria in the PoA document (usually 1 medical diagnosis of incapacity made by a doctor), then the PoA(s) can make any and all decision once this happens (or whatever limits are put on them in the PoA document). In the example you gave, not sure if it's the Medical or Financial PoA who gets to make that decision.
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Reply to Geaton777
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Yes. My roommate is/was in the facility with his family member holding POA. He tries to redirect his father when he speaks of wanting to get out and live with his wife. It is sad to see.
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Reply to cover9339
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What's the actual situation?
Where is the elder right now?

Are you afraid a relative will abduct your parent?

When families get messy (& they can), when an elderly person's care is being fought over, having laws to abide to, laws to uphold people's rights & laws to help prevent neglect & abuse are very very important.
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Reply to Beatty
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There is usually someone you do not mention behind the POA, the person assigned to pay for expenses for housing and professionals in the care of someone. That is the physician ( some states have 2) who sign the paperwork attesting to the patients medical and physical safety. The POA makes the decision for facility care or in home care that can drain a person's finances much more quickly. In addition facility care offers more by way of age appropriate socialization and activities...something that becomes sorely lacking with someone remaining at home
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Reply to MACinCT
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