QUESTION
Can father being held in a nursing home leave the facility?
Asked on Apr 16th, 2014 on Family Law - Idaho
More details to this question:
My friend's father is in a "near end of life" memory care unit and only has mild dementia per his doctor. He is 89 years old and until January was driving and making decisions until a fall landed him in this unit. His admission was based on information supplied by his current wife. His daughter was not notified until March 20th regarding her father's health. He feels he is being held against his will and the current wife has told all that he will not leave the nursing home. This gentleman is competent at this point and is aware of how this decision to leave this facility will affect him. Can he leave this facility under his own power with his current wife having POA (unknown how she got it) and forbidding him to leave?
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If he is competent he can leave. If he isn't and therefore the POA is in effect, then he can't.
Answered on Apr 18th, 2014 at 12:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Are you a doctor that specializes in dementia? If not, then you do not know if he is competent. If the daughter wants him to be able to leave, she will probably have to start a guardianship proceeding to get a court order to have dad examined by a doctor to determine his competency. She needs to consult with a local lawyer to figure out how to proceed.
Answered on Apr 18th, 2014 at 12:05 PM