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How do you decide what nursing home you go to when you're incompetent while competent?

Brooklyn, NY |

While competent, how do you decide what nursing home you go to when you're incompetent? And can you do it while young?

How do you prevent your adult children from sending you to a different nursing home?

Attorney Answers 5


  1. Check around and identify a quality place. Let your children know what you are thinking and where.


  2. Hi there,

    You should draft a living will, which can be done at any time. It can come into play in such situations. Contact a competent estate attorney regarding your concerns.

    If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

    Regards,

    Michael J. Duffy
    Duffy Law, LLC

    1-888-414-5773
    www.mduffylaw.com

    mduffy@mduffylaw.com

    Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.


  3. I think the best way is to have a comprehensive power of attorney in place
    giving someone you trust the authority to determine the nursing home, and
    perhaps even put the names of your first second and third choices in the
    document. Your agent should have some flexibility because what was your
    favorite NH might not still be your favorite when the time comes. Of course,
    make sure your agent knows and agrees to abide by your instructions.

    Joseph A. Bollhofer, Esq.

    Joseph A. Bollhofer, P.C.

    291 Lake Ave.

    St. James, NY 11780

    (631)584-0100

    fax (631)584-2304

    info@bollhoferlaw.com

    www.bollhoferlaw.com

    Member, National Academy of Elder Law Attorneys (NAELA)

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  4. If you no friends who can refer you, ask an elder law attorney for the names of places he or she has had positive feedback about. Then visit the homes and try to get a feel as to how they are handling the residents.

    action you musThis is a complicated area of the law. We are not providing legal advice. Before taking any action consult with an attorney practicing in estate tax and elder law planning .


  5. The best way is to have an attorney draft a revocable living trust outlining the place and care you would like to receive. The trust document is like an instruction booklet regarding how your self and your assets can be looked after in case you lack the capacity to do so yourself.

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