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My dad is in county-funded nursing home with Alzheimer's. His wife put him there. My dad has extensive home care coverage as

Philadelphia, PA |

well as SS and pension monies coming in. My brother and I realize we are in no position to take him out of nursing home to care for him while his wife if still alive but we're wondering if she dies before my dad if we can take him out of nursing home to care for him ourselves. My dad is in Neshaminy Manor Nursing Home. Thank you!

Attorney Answers 3


  1. To give good advice, I would want to have more information. What is your father's condition? Alzheimer's has stages of loss of cognition. Maybe he agreed to go to the home. Some early stage patients want to move to a home so as not to burden the family later. There is also a possibility that you suspect "his wife" put him in the home to have access to his money. There are ways to combat the spouse if evil or dishonest motive can be shown but you don't say enough to get an opinion.
    You should consult an Elder Law lawyer and be prepared to discuss all of the facts surrounding the admission to the nursing home, not just "can we get him out of there?".

    This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.


  2. I agree. There are more issues than simply moving your Dad out of Neshaminy Manor.

    A Certified Elder Law Attorney, local to Bucks County, will be able to provide advice and counsel to address your particular concerns.

    This is NOT legal advice. The information contained herein is observational and for reference only. These posts are in no way intended as legal advice or counsel. Further, I am not your attorney and you are not my client. I bear no duty to provide counsel, representation or advice to you in any way. The statements I provide in this posting on Avvo do not in any way constitute an attorney-client relationship. Further, these statements are general in nature and made based on the limited facts presented by you, the Poster. Nothing I've written here should be relied upon when making legal decisions. It is your responsibility to consult an appropriately qualified attorney to seek legal advice.


  3. If your father can be cared for at home, you probably can take him home whether his wife likes it or not. However, you may have to apply for guardianhip and convince a judge that he can be cared for at home. Consult a local elder law attorney to discuss options.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

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