All Mrs. Childs children were appointed as attorneys under her Power of Attorney. As such they are fiduciaries and have to act according to her instructions and wishes not their own self-interest, This is formalised in the Substitute Decision Act.
Her one main wish and instruction has been that she wants to live out her days in her home. It is not an unusual wish except that she has dementia.That said she is physically capable of living at home, does remarkably well there, and has the means to achieve her wish.
The Substitute Decision Act requires guardians and those appointed power of attorneys to follow capable wishes. My Mother, when capable repeatedly stated she wanted to live at home until death.
If there were no capable wish the Substitute Decision Act requires guardians and those appointed Power of Attorney to consider current wishes. My Mothers current wishes told to the capacity assessor in May of 2015 and later to a geriatric physician are to live in her home until death.
“I want to stay here as long as I can until I die. Have someone write it down.” and of going into a nursing home “I won’t go there…..” Mrs. Childs May 13, 2015
Of course if her home were unsafe that would still be in her interest – but her home was assessed and been found to be perfectly safe for her.
Never-the-less Micheal and Andrew did not appear to want Mom to remain at home through most of the hearings. Subsequent to the report where Mrs. Childs current wishes are listed and her house being asses as safe Michael writes “the Sand Lake residency and Caroline Childs care has to end” and “I believe that it is imperative that my mother be placed in a home” and “it is absolutely imperative to place my mother in the best retirement home possible”
The latter statement was a significant shift for Michael as previously he wanted Mom on the list for a public long-term care home. Private retirement home would be considered only if they did not charge more than public long-term care homes. That requirement cut out the most and certainly the best retirement homes even though Mom could easily afford them – if she wished to live in them.