QUESTION
Can an elder person release himself from the care home and choose a home for himself?
Asked on Mar 13th, 2014 on Litigation - California
More details to this question:
I have a question about a gentleman I know. I would have him ask the question but the situation he is in makes it impossible to ask. He is in a care home because he broke his neck during his accident. His rights were given to the family to look after his well being. He has recovered from his injury and alcoholism but he is not allowed to be reevaluated by a new doctor or see a lawyer or have any guests visit him without approval from the family. To me it seems like this man is being held prisoner and he wants to leave this care home he is in but because of the situation he is in. I do not know where to start or even where to look to give him the information that can help him back to be in charge of his own well-being or put it in the hands of people who really would look after him. I see extreme parts of neglect because he has the possibility of getting an operation that fixes his neck and he would no longer need to be in a care facility and the unit he is in is specialized in a different illness that has nothing to do with the gentleman. To me this looks like this has to be against the law because he seems to have no rights. He can’t talk to lawyers. He can’t choose a better place or even take a surgery that can make him better in 6 months. Please help. THANK YOU for reading.
6 ANSWERS
Ronald A. Steinberg
As long as they are considered competent.
Answered on Mar 27th, 2014 at 6:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You need to see a lawyer with all the paper work. You say his "rights" have been given to his family. I don't know what that means.
Answered on Mar 17th, 2014 at 4:06 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He can talk to a lawyer, and should. He will most probably have to go to court if there a guardianship/conservatorship ordered which the court agrees is no longer necessary. If it was just a power of attorney he can revoke it and do as he wishes.
Answered on Mar 14th, 2014 at 6:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Just as most counties have a child protective services agency, many have an elder protective services agency. Perhaps they could intercede. Also, perhaps there is a public administrator who could apply to have a guardian ad litem appointed who would have the authority to file a petition to have the issue of guardianship reviewed by a court.
Answered on Mar 14th, 2014 at 6:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can hire an attorney of his own. However, the key word in your inquiry is "alcoholism." Chances are that he is being continually evaluated in the home and he probably has not recovered from his alcoholism and the family fear is that he will go out and get drunk again. Alcoholism is insidious and there are long term effects that are impossible to overcome. If he is a danger to himself or others, he may be held. And if somebody is his guardian, that person can make decisions for him.
Answered on Mar 14th, 2014 at 6:29 PM
Edwin K. Niles
I don't know of any reason that he can't just walk out.
Answered on Mar 14th, 2014 at 5:09 PM