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"Forced" into nursing home
Phoenix, AZ
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Posted 10 months ago in Elder Law
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Just watched a People's Court episode about a niece who embezzled from her aunt whom she put into a nursing home. What especially concerned me is that the aunt said, "She took me there and then I found out that was to be my home. She just left me there."
This woman was absolutely in her right mind--quite sharp intellectually (and no evidence to the contrary presented). She had mobility problems at 91, but wasn't on oxygen even, so her health probably wasn't that terrible. Questions: If the lady did not WANT to be in the home, was there any way she could be admitted? (I am confident what happened is she had nowhere else to go and probably was so shocked to be DUMPED that she figured it was better than living with vipers.) This lady had more than $2K a month in INCOME (SS, a pension, and her 2 sister sent her money), so she could have found her own place (and she was paying for the nursing home. What service/s or protections were available to her so she could decide on her own living arrangements when it's clear that "family" was not going to help her choose what SHE wanted. Not so concerned about this lady's case (she lucked out and got a decent home to live in) BUT concerned about what can happen to OTHERS, especially how someone can be "admitted" to a nursing home without their agreement. (She probably gave in and signed something, but not a legitimately voluntary admission.) Answers (1)
Biagio V. Musto II
This attorney is licensed in Pennsylvania.
Posted 3 months ago.
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Individuals m ake their own decisions if they are competent and able to do so. Unfortunately, seniors often feel like they are a burden to their family members and may feel pressured to go into a nursing home or other type of facility even if they do not truly believe that is the best place for them. Also, some seniors refuse to beleive a nursing home is the correct place for them even when it is. In short, there can be very tough emotions for seniors and their family members regarding long term care options.
Of course, if somebody does not want to be placed in a nursing home, and does not require that level of care, and is still competent, they cannot legally be forced to be admitted. However, there are often cases in which people are experiencing dementia and other related conditions and are not competent to make that decision. Also, there are other times when people are mentally sound be in such poor physical and medical condition that they can only be properly cared for in a skilled nursing facility. Unfortunately, in those cases, although the individuals do not agree with the plan of care, they usually receive the medical care they require. Individuals can protect themselves from predatory family members by making sure they have powers of attorney in place, financial and healthcare. In that way, they can carefully chose who wiill act at their agent to make their financial and healthcare decisions. A POA will put the control into the hands of the senior instead of somebody they would not have chosen. Also, the law provides protections. There are numerous statutes in most states dealing with elder abuse, elder neglect, as well as theft of the elderly. In cases where a POA names an agent who is abusive or not looking out for the best interests of the senior, the courts can step in and appoint a guardian. In summary, although in some cases seniors may require care that they do not fully agree with, the law and careful, advance planning (through POAs) will protect the rights of seniors. |
