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  1. #1

    Default Transferring an Elder Between States

    Sorry everyone, the post name is the best way I know how to describe it, and may be changed to something more appropriate by the mods.

    Got a letter yesterday from hubby's uncle. It was simply an envelope addressed to us, with a notice of non compliance from his assisted living home in PA (I had to call to find out what this place was, since we had no idea where he lived till now). I spoke to the administrator, found out the problem, and then proceeded to attempt to talk to the uncle. It was requested that we attempt to get him to comply (apparently, by state mandate, residents are required to get a yearly physical so that the home is aware of any improvements or condition changes) or he would have to leave the home.

    Ok, great. This gentleman has very little family left, and fewer still that have maintained any contact with him, so pretty much, we're it. I managed to get unc on the phone for a few brief minutes, and during that time noted that he was paranoid, would not discuss the situation with with me over 'these phones' and that he would call me back. I called the admin back, asked if this was a new development with him (the paranoia) and she said that she would check. After coming back to the phone she said there were no notes in his file about same, but a few minutes later she said that the only problems that she saw with him were his stubbornness and occassional paranoia (um, why isn't this in his file then??). She asked if we would like him locked down for observation, we declined. I told her that if he was going to be removed from the home, we would have to consider relocating him to our home state (she had requested that we stop in and explain to him the importance of complying, I told her again that we can't just 'pop' in when we live 800 miles away).

    Now, I need some guidance from anyone in the know.

    1. How difficult is it to relocate an elder from one state to another?

    2. If he doesn't wish to be relocated, how difficult is it to get a guardianship (?) based on declining mental health (paranoia), age (72/73) and being kicked out of his current living situation due to non compliance?

    3. Our home is already pushing the limits on space, with our dd and grandson having just moved back in. I would be able to accomodate uncle for a short period of time, but after the conversations last night, it's highly likely that he would need services that I'm not qualified to give him (including 24/7 monitoring to assure that he doesn't wander off). This would require placement in one of the local assisted living or nursing homes. He does receive a small SS pension each month, however I would like to know if we would legally be responsible for his expenses.

    4. If he remained in PA and it is determined that he needs a guardian, is it possible to be that guardian from MI? There is no one out there willing or able to be said guardian, so absent us, would the state be assigned as guardian?

    I know, a lot of questions, but I don't want to see this gentleman without someone to help determine his care (he has no wife, no children etc), yet by the same token, I have to consider the implications for my own very large family. Any input would be greatly appreciated.

  2. #2
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    Default Re: Transferring an Elder Between States

    If your uncle is not under court supervision and is sufficiently competent to agree to move between states, it's his right to move between states.

    If he does not want to move, and he can be documented to be unable to make appropriate decisions concerning his personal care and needs due to age or illness, he would be a candidate for guardianship. It is often difficult for somebody who is not in the state to become guardian because they're generally not able to promptly respond in the event of a crisis or emergency. Courts may be reluctant to authorize a guardian to relocate a ward to another state, as they would lose jurisdiction over the ward. Your mileage may vary. There are public guardians who can be appointed when nobody else is available.

    You would only be personally responsible for the cost of his care if you agree to be responsible as a matter of contract. I would suggest not signing anything that would create personal liability.

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