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Can a child (adult) put their parent into a nursing home if the parent doesn''t want to go?

1 Answers. Asked on Feb 04th, 2012 on Elder Law - New York
More details to this question:
How can someone go about getting power of attorney over their parent to block a sibling from putting their parent into a nursing home, when the parent and other sibling doesn''t want the parent placed in a nursing home?
Answers Showing 1 out of 1
Licenced in CA
Answered on Feb 05th, 2012 at 12:36 PM

An individual can make their own medical decisions including treatment and nursing home placement.  If the person lacked the capacity to understand the nature of their illness and the consequences of refusing treatment (including placement), those decisions could be made by a designated health care proxy or under NY Family Health Care Decisions Act, by a family member.  However, as a practical matter it would be difficult to place a person in a nursing home against their wishes. And you would have to deal with control over the persons finances in order to pay for the placement.   A guardianship proceeding could be brought, and it would require a decision by the judge in order to place a person in a nursing home.

Even then as a practical matter, it is difficult to keep someone who is mobile in a placement they do not want.

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Elder Law
As adults age, they often lose some mental acuity while also facing more physical limitations. These health conditions put senior citizens at greater risk of exploitation and abuse. At the same time, the elderly need to think about their long-term medical and financial needs, and make estate plans to ensure their legacy after they pass away. An elder law attorney can work with seniors and their families to address issues such as advanced directives, powers of attorney, living wills and last wills and testaments. Elder law lawyers can also help families intervene if a guardianship or conservatorship is necessary. And personal injury law firms with experience in elder issues can help victims of elder abuse and nursing abuse take civil and criminal legal actions against their abusers.
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