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She was put there my her mom, I didn't agree with it and told mom so, but I never came between them. I was told by her mom if she can walk she can come home. I question the place once when I started filling out intake forms. Because she should have been sent to a rehabilitation to get leg and learn to walk again. Since she went there straight from hospital. They told I need to contact someone and arrange it. I told them shouldn't have to do that it should have been next step after they cut her leg off. This was during COVID and this was the only place that had bed I was told. This place told me there's no guidelines for visiting. I showed that person the cdc guidelines posted almost 2 years before. When I finally got to see her it was two and half years since went to hospital. She hasn't seen any loved ones and her mother passes during that time. I told them I wanted them to get her ready to be discharged cause I want her to come home. They refused to. I have medical power of attorney for her. I told them bring her out here and if she says she doesn't want to go with me then I would leave her there. They told me not to come back to the place I couldn't see her anymore. They pulled the curtains around her the two times I got to talk/look at her though sliding glass door. Her bed was 8-10 feet from door. She wanted to get a kiss and hug from me.

You really don't give us enough info. Who is this LO to you? A sister. There is a reason her/your Mom had to place her in a NH. Is LO mentally challenged? If so, when Mom died, the state may have taken over her care. If so, LO now has a State guardian. You have no rights here. Your MPOA was revoked as soon as LO had a guardian. MPOA is also limited. Gives you no rights to walk into a facility and demand they release LO. By law, they cannot release LO unless you can prove you can care for them 24 /7. That the place they will be living in is a good fit. Its called an "unsafe discharge" if they release.

You need to find out if LO now has a State Guardian. If LO is on Medicaid, someone is responsible for filling out her renewal forms. If she has a guardian, that is the person you need to speak to. That person will give you permission to see LO or not. If you want gaudianship, you will need to go to Court. Not sure you would win if the State is involved.

I am surprised you were allowed to do intake forms. MPOA has nothing to do with the finance end of things. The person holding Financial POA should have done this.
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Reply to JoAnn29
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I am sorry. I don't understand this situation at all.
It sounds to me as though this woman in care is considered not to be in control of her own executive functioning? It sounds as thought she has had a guardian appointed?
You must understand, given you have not been a part of her history in this facility, that you, a stranger to them, comes in demanding to take her from their care. They could not discharge her to you unless she was well and able mentally to tell them that she's ready to go, and you are picking her up.

I wish I could help you with advice but I will be honest to say that in my experience, next step for you is escort by security off the premises. If you persist, I believe a legal stay-away or restraining order may be in place.

Given we have ZERO information on this woman who is in care (apparently due to an amputation ONLY?), I think we can be of little help.
But if you can coherently tell us, one step at a time, the history here, we may have suggestions.
Things we would need to know:
1. relationship of this woman to you, yourself
2. mental health history and capacity of the woman in care
3. currently poa/guardian or guardianship of the state for this woman
4. history of this woman for entering care (you will understand that no one enters a care facility simply because of an amputation, nor stays there for that reason. People with amputated limbs are more than capable of living productive independent lives on their own.)
5. Why you have been out of touch with this woman for so long.
6. When you attempted to remove her from care
7. What contact you have had since
8. Whether you or she have consulted an attorney.
Do know that a MPOA doesn't do anything about removing a patient from care. General POA or guardianship by family or state trumps a POA every time.

I hope you will consider discussing all of this with an attorney in your area, and wish you the best.
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Reply to AlvaDeer
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Ditto leelonnie1 !!! If $$$ are a problem, consult local city and county government to see if they can point you to one for reduced fee or free. Elder Care Attorny only, as others would charge big $$$ just to advise that your case "Need an Elder Care Attorney to handle that!"
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Reply to Chalyse
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If you have POA for this woman and the ability to care for her at home, you should be able to do so. Are you in the USA? Please contact an Elder Care attorney for guidance on how to get her released!

Please let us know how this all turns out, what a terrible story!
Best of luck and don't stop fighting!!!!
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Reply to lealonnie1
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AlvaDeer Oct 16, 2024
We are missing a lot here. Someone (and likely the state) is the guardian here or there is another POA. She was told she had to contact some nebulous "someone". She hasn't told us the result of that contact. This woman has a general POA or guardian or wouldn't be in care (probably on Medicaid). The MPOA which is clearly old as our OP hasn't seen this woman in some time, will be trumped by that guardianship.
I think if we can get answers to all the missing links we can place a guess as to what is going on here. Nursing homes don't hold patients with amputations (only) against their will; people with amputations are fully functional in this our world. I just think we are missing a lot of info here.
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