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How would I go about releasing a loved one from a nursing home?

Fairfield, CT |

My wife was diagnosed with multiple sclerosis in 2007-At the present time she's in an eldercare facility in Westport,CT-Here's the irony:She's 50 years old & has no business being there-She's being charged over $400 a day-For half that amount.she can get round the clock treatment at home-Her doctor says she's not getting any better-That's because she hasn't been on a specific MS treatment since early 2011-I'm thinking of hiring someone who's well versed in elder law & can help my wife get released.

Attorney Answers 3


  1. You are thinking correctly-get some help from an elder law attorney.
    I don't know why you can't sign some forms and take her home-she is not a prisoner.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  2. If your wife has retained her mental acuity, she has the right to check herself out whenever she likes, there is just some discharge paperwork to be signed. If she does not, and you have a power of attorney and are her healthcare representative, you are entitled to do this for her. If not, and the nursing home actively does not want her to be discharged on medical grounds, you should consult an elder law attorney with probate litigation experience to initiate conservatorship proceedings or a habeas corpus petition, both of which can be done through the local probate courts in this state.

    On a side note, live-in care through any reputable agency in New Haven county runs $245 a day plus the aide's meals, and I can't imagine Fairfield is cheaper, so the economics might not be as far apart as you think. You can save money private hiring an aide, who is more likely to be able to drive, but then the onus is often on you to arrange malpractice insurance, payroll withholding, and alternate staff during breaks and vacations, which is why most still opt for the agency. Again, while your wife is not elderly, a local elder law attorney should be familiar with care options, their rates and limits, and the reputation of local providers.

    Best of luck in getting your wife the quality of life she deserves.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-Central Connecticut with an emphasis on estate planning, elder law, probate, and tax matters. He may be contacted confidentially by email at Scott@ScottRosenbergLaw.com or by phone at (203) 871-3830. All correspondence through this website appears publicly, is not confidential, and does not create an attorney-client relationship between you and Atty. Rosenberg. Discretion should always be employed when posting personal information online. ~~~~~~~~~~~~~ All online content provided by Atty. Rosenberg on this and other websites is provided for general informational purposes only, and does not constitute legal advice. All content is general in nature. Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. Postings and responses to questions only provide general insights on the topic discussed. They are not tailored to any reader’s specific situation, will not be accurate in all states, and are never updated or maintained to reflect changes in the law. No person should take action based on the information provided by anyone on Avvo.com or any other law-themed website without first consulting a local attorney with significant experience in your area of concern. Persuant to Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code.


  3. Both attorney offer sound advice. Get with an elder law attorney immediately to explore your options.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

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