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What steps must be taken to put my mother in assisted living if she refuses?

Marion, IL |

She is 85, lives alone in the country. She hires a helper 12 hours a week to take her on errands and doctor apppointments but fires them almost weekly. Her short term memory is no longer functional, she has difficulty getting around and has many medical problems. Her pharmacy prepares her medicines in a weekly box but she has difficulty remembering to take them sometimes because she is unsure of the day. As her daughter, living 1000 miles away, I pay her bills and check references on the people she considers hiring. These are the limits of the help she will accept. She has a power of attorney if she is unable to make decisions for herself and I am the one named to make those decisions since my father's death.

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Attorney answers 3


you would have to petition the probate court for you to become her guardian. you would need the dr. to fill out a form that she cannot take care of herself. your county court clerk should have all the forms you need. however, the clerk cannot give you legal advice.

in lake county there is a bar assn. supported guardian help desk. there may be one in your county.


If she is incapable of loving alone you may need to hve a guardian appointed. Speak with an Elder Care attorney.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


I agree with the others that a guardianship is necessary. What was not addressed is the fact that you live 1000 miles from you mother. Therefore, you need to see a probate attorney ASAP to discuss how best to proceed with this guardianship. It is possible that either your mother will need to move closer to you , or you to her, or a third person or agency be named her guardian to look after your mother's day to day needs. You indicate that you are from Marion, IL, which implies that your mother is not a resident of Illinois. Therefore, your best approach would be to consult with an attorney in the location where your mother resides. If at a later point, you wish to move your mother closer to you, heer guardianship can be transferred. Please do not delay. It sounds like your mother is badly in need of care.