QUESTION
What can you do if you want to leave a nursing home?
Asked on Apr 16th, 2014 on Family Law - California
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. his is 89 years old and until January was driving and making decisions until a fall landed him in this unit. his admittance 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 his to leave.
3 ANSWERS
Unless his wife or someone else has been appointed by a court as this man's guardian (not just POA), no one can prevent him from refusing medical care and leaving the facility. However, after he has done so, anyone can call Adult Protective Services and ask that they review the situation. Furthermore, just because he wants to return home doesn't mean that he can be properly cared for at home, even with in-home health services. His decision will impact his wife directly and she has a right to have some say in the matter.
Answered on Apr 18th, 2014 at 12:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Unless he is adjudicated incompetent, he is an adult and can do as he wishes. As for the power of attorney, he should revoke it is the person possessing it is not doing his will or following his instructions.
Answered on Apr 18th, 2014 at 12:21 PM
Susan Marie Basko
The man will probably need a lawyer and a doctor. He may also need his daughter's assistance and possibly her willingness to have him live with her. He may need to give power of attorney to his daughter rather than to his wife.
Answered on Apr 18th, 2014 at 12:17 PM