my mother told us the nursing home is trying to take custody of her can she just leave the without permission
2 attorney answers
The nursing home is likely commencing a guardianship proceeding. They often do this when they are owed money, so that someone will be appointed guardian and get their bill paid - either by using her funds to pay or by getting her eligible for Medicaid and applying for Medicaid for her. They may also commence a guardianship proceeding if they are concerned that she does not have a safe discharge - in other words, they don't believe she can live safely on her own. She is not a prisoner and is free to leave if she wants to. However, if they are concerned that she is not safe, they will likely call Adult Protective Services and make a report. An elder law attorney can help you figure out how best to proceed - especially if there is a guardianship proceeding pending. Best of luck.
This sounds like a Guardianship question, not child custody (she's not a child). It's possible that the nursing home is trying to get guardianship of her for Medicare purposes. Your mother is an adult, so if she wants to leave, she can and no, you can't get in trouble. A consultation with an Estate Planning attorney (who will understand Medicare issues) may be helpful to figure out what's going on and the best course of action for your mother.