Removing the elderly from their homes (in the US only?)

[Heyo]

About 4 years ago, the local "social services" people where my folks lived decided that my folks couldn't safely take care of themselves, and they came and took them and put them in a nursing home. In this case, my parents were happy to go.

Then a couple of years ago, these same "social services" people decided that my uncle couldn't take care of his wife, and they took her from her home and put her in a nursing home 60 or 70 miles from my uncle. My aunt and uncle didn't want this to happen, and 2 years later, we're still fighting it.

The SS people claim it wasn't "safe" for my uncle to take care of his wife. For the sake of discussion, let's assume that they were correct in this assessment.

I'm not sure it matters. This seems like government overreach to me.

I'm not a lawyer but afaik it isn't easy for the social services to get custody for an adult against their will here. The courts would preferably transfer legal guardianship, if it is deemed necessary, to the next of kin. And getting someone declared in need of custody is a difficult and lengthy process in the first place.
But as "Free Britney" has shown it seems it is a bit different in the US.

 

[Twilight Hue]

I'm not a lawyer but afaik it isn't easy for the social services to get custody for an adult against their will here. The courts would preferably transfer legal guardianship, if it is deemed necessary, to the next of kin. And getting someone declared in need of custody is a difficult and lengthy process in the first place.
But as "Free Britney" has shown it seems it is a bit different in the US.

In the states you would have to be declared mentally unfit first by a judge as far as I know.

 

[Heyo]

In the states you would have to be declared mentally unfit first by a judge as far as I know.

So the same as here. Maybe there's a difference in execution. Are US psychiatrists more likely to declare someone mentally unfit?

 

[Twilight Hue]

So the same as here. Maybe there's a difference in execution. Are US psychiatrists more likely to declare someone mentally unfit?

Good question. I think it would take a real world incident first like the police seeing someone wandering around not all quite there and the like that has gotten into some unintended trouble.

Im pretty sure they just can't barge into a home and take the person willy nilly without a type of judges ok first. Then a declaration by a doctor after a mental assessment will be enough to place that person in care as a ward of the state if no kin are available.

In New York its called Article 81.

Guardianship of An Incapacitated Adult | NY CourtHelp

 

[icehorse]

Good question. I think it would take a real world incident first like the police seeing someone wandering around not all quite there and the like that has gotten into some unintended trouble.

Im pretty sure they just can't barge into a home and take the person willy nilly without a type of judges ok first. Then a declaration by a doctor after a mental assessment will be enough to place that person in care as a ward of the state if no kin are available.

In New York its called Article 81.

Guardianship of An Incapacitated Adult | NY CourtHelp

I believe what happened was that a social worker visited my aunt and uncle and decided my uncle couldn't do an adequate job of taking care of my aunt. I don't know what happened next, but for the sake of discussion, let's say they got a court order. I can add that both my aunt and uncle were strongly opposed to having my aunt moved.

I still have a sense that it's their life to live, even if it's not "safe". Perhaps this is a slippery slope argument, but what's to stop gov. agencies from banning skydiving, rock climbing, and motorcycle riding because they're not "safe"?

Now if an elderly person has lost mental capability, that might change my mind, but that isn't the case with my aunt and uncle.

 

[mikkel_the_dane]

I believe what happened was that a social worker visited my aunt and uncle and decided my uncle couldn't do an adequate job of taking care of my aunt. I don't know what happened next, but for the sake of discussion, let's say they got a court order. I can add that both my aunt and uncle were strongly opposed to having my aunt moved.

I still have a sense that it's their life to live, even if it's not "safe". Perhaps this is a slippery slope argument, but what's to stop gov. agencies from banning skydiving, rock climbing, and motorcycle riding because they're not "safe"?

Now if an elderly person has lost mental capability, that might change my mind, but that isn't the case with my aunt and uncle.

The electorate and the laws if we are lucky.