Skip to main content

Can the hospital force a love one to a nursing home away to another state

Forest, MS |

my mother is a diabete she got bleed pressure she have seize and she done had a stroke. she went in the hospital twice in a month for shortness of breath,she got out,this was last year super bowel nite.later that week on feb.13 2011 she went back in,an been there ever since.Done lost her kidney they had surgery in the left arm but now she can't move her whole left side.they put a tub in her behind to use the bathroom and they kill her nerve so now she can't use the bathroom,to weak to walk.So done so many compacation to that i can't name them all.But now she been the hospital every since feb.13,2011.Now they want to send her 2 A Nursing cause the state of mississippi want take her with a trac in her throat and she need dialysis

Attorney Answers 3


  1. Best answer

    I'm sorry for this difficult situation. The short answer is: no, if your mother is competent "they" cannot force her to go to a nursing home, hospital or anywhere else for treatment if she doesn't want to go. On the other hand, if she cannot be properly treated where she is now, then she may have to choose between going home or going somewhere she can receive the necessary treatment. If you think there is a facility in state or closer to home where your mother can receive the necessary treatment, then you need to further explore why somewhere out-of-state is being suggested. It could be money or limitations imposed by her health coverage. It is a good idea for someone in your situation to at least consult with a local attorney to review all the potential legal issues, options and obligations of the parties before you take any further action. You may be able to do this via telephone/email consultation or you can go personally to a local attorney. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. They can't force her out of state. I'm sure that you would like her to go somewhere close where family and friends can easily visit. You should research the best place for your mother to go where she can get the best care. In addition, you should get a free consultation with an elder law attorney to discuss her situation. Good luck.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  3. short answer.....no

    If this information has been helpful, please indicate below. Daniel Buttafuoco has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com

Medical malpractice topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics