QUESTION

I want to take my mother out of nursing home but they keep giving the round around what can I do?

Asked on Jul 29th, 2013 on Landlord and Tenant Law - Idaho
More details to this question:
Want to take my mother out of nursing home they keep giving me excuses not to let her out she does not want to be there anymore she has a place to go to. What can I do to take her out of there?
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4 ANSWERS

William A. Siebert
I assume you are the guardian. Go to probate court and request instructions. The lawyer who worked on your guardianship will know what to do.
Answered on Jul 31st, 2013 at 2:20 AM

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Litigation Attorney serving Bakersfield, CA at Dessy & Dessy
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So long as your mother is mentally competent, she has the right side where she lives. If there is a question in that regard, you need to have her examined by the doctor, and if appropriate, obtain a court order making you the conservator of your mother. It sounds like there may be a claim for false imprisonment against the current housing provider, if your mother is prohibited from moving. If you have not yet done so, you should put the request to move your mother out into written form, so as to prompt a written response, explaining the position of the current housing provider.
Answered on Jul 31st, 2013 at 2:20 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Are you the guardian? If so, that should be enough. Do you have a durable power of attorney? That could work. Are there other relatives who don't want you moving your mother because they are afraid that you will take advantage of her? Then you will have to go to court and get a guardianship established.
Answered on Jul 31st, 2013 at 2:19 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I need more facts but, if she is contractually competent it should be up to her.
Answered on Jul 31st, 2013 at 2:19 AM

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