Resources for Seniors

questions & answers

Question: my mom is in the hospital. she had minor surgery but does not want to do therapy at hospital. Now the doctor is saying they r going to put her in a home but she live with me at home . can the doctor do this with out some type of concent ?

Answer:

Unless the physician has obtained a court order which specifies that your mother is physically or mentally “incapacitated”, she cannot be forced to live in any facility without her consent. [A.R.S. 14-5101…. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. ]