Getting dad out of a nursing home
April 19, 2005 4:08 PM Subscribe
Can a child remove a parent from a nursing home to live with the child if the parent's spouse (from remarriage) approved the nursing home placement? I've googled but am having trouble finding resources that aren't about nursing home abuse and neglect.
posted by onlyconnect to Law & Government (9 answers total) 1 user marked this as a favorite
Apparently the dad was in a VA hospital for two days for a condition that does not appear to the child to require alot of continued medical assistance, and then was released (at direction of spouse) to a nursing home. He is 80, and allowed himself to be put in nursing home by spouse, but when child asks him if child can take him home to live with child, he says yes, let's go. Not aware of whether anyone has power of attorney.
The dad has some ongoing medical issues (walks with a cane, apparently was on oxygen for a while in the hospital), but nothing that seems to absolutely require nursing home care.
I thought nursing homes were sort of a last resort, but I don't know how rights between children and spouses work. (To be clear, the spouse is not the child's mom -- she's a stepmom from a subsequent marriage.) Wouldn't a nursing home naturally release someone who wanted to leave, and does the fact that they're not doing it suggest there are medical or capacity issues?
I'm not going to interpret any of this as legal advice, and child is seeking an opinion from an actual family law attorney, but a sibling is looking for a reality check and trying to determine whether they should get involved. Any guidance or links appreciated. Thanks!