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Am I legally responsible for my elderly parent with dementia and violent behavior?
Anonymous5 views3 answers
I have an elderly parent that was recently in an apt. fire (which she caused), and she sustained numerous injuries, has been hospitalized for several weeks. She is being discharged Monday. She has been diagnosed with dementia, and she is very violent. Several years ago she was arrested for attacking me w/ a hammer. For the past 3 years, there have been aprox. 25 police calls made due to her violent behavior.She has not lived with me for over 15 years. I received a call from the hospital case manager, and they advised me that I have to take her upon discharge. I advised them due to previous history, I am not able to, for the safety of myself. They told me they would file adult protective services charges against me, for abandonment if I refuse to take her. Am I legally liable?
The State of Arizona has Adult Protective Services in addition to the better-known Department of Child Safety. These agencies respond to allegations of abuse and/or neglect of the vulnerable population of Arizona and look for responsible caretakers who are willing and/or able to care for them, if not, the State will step in. If the person that is supposed to protect and care for the vulnerable adult/child does not do so and there is a finding of neglect, their name may be placed on the statewide registry.
See an elder care specialist attorney right away. I know of nothing which would require you to take your mother, and I can't see how any charges could be filed against you for refusing to provide care for someone you are not legally obligated to support. If you are her legal guardian or conservator, you may have responsibility. If not, I would tell the case manager you will file counter charges against the case manager personally and the hospital for attempted extortion of you (threatening to accuse you of a crime if you do not relieve them of the burden of your mother - see ARS 13-1804) and for their abandonment of your mother. They cannot put her on the street, and since she is in their care, custody and control, they have a duty to protect her. Good luck.
Unless you are the guardian of your mother you are not responsible for her care. As the hospital care manager advised you that you were required to take charge of your mother you should call Arizona's Adult protective Services and explain the information and threats made by the hospital case manager.
The state of Arizona has procedures which will protect your mother and find facilities for her care. Be certain to explain that your family physician has advised you that you should not be around your mother due to your personal health. II anyone files charges against you alleging abandonment of your mother then call an attorney for your own protection. I would also follow the good advice that has already been provided to you on this site. Good luck to you.
