Can a wife remove her husband from a nursing home if he wants to come home and the nursing home says he can't. He has a temporary guardian over his finances ONLY. He has improved greatly and is now walking with help and wants to come home. I am able to bring him home and care for him as we resently married. How do I proceed with removing the temporary guardian and bringing my husband home.
As long as no one has a guardianship over his person, you should be able to bring him home. However, I would make sure that you are taking him home to a safe environment. Will he have access to the bathroom? Can he bathe himself? Can he feed and dress himself? If not, will you be able to help him? Will you be able to clean up any accidents he may have if he doesn't make it to the bathroom? Can you physically lift him up if he falls?
There may also be financial repercussions to taking him home. He may be receiving Medicaid benefits that pay for his housing. If you take him home, you may have to pay privately for any home care.
This is not intended as legal advice and should only be used for informational purposes only. You should never believe any information that you receive on the internet, especially information that is probably being provided in the late evening hours when I should be sleeping.
Possible that you could be accused of neglect if you remove him from the nursing home against medical advice. If he has control over his own medical decisions he could leave against medical advice. It is also possible that such a move would cement a need for a guardian. You want to discuss changing the guardianship you should consult with a local elder law attorney. Good luck.
If he lacks the capacity to check himself out and you lack the advance directives to control his health care I don't know of any way a facility could allow you to remove him although I am in another state. You can go to court and show that the move home is in his best interest according to his medical team and seek your own appointment as his guardian.
I fully understand the thought that the best care is in the home; however, experence in this area has shown me that isn't the case in all situations. I would strongly encourage you to work with his medical team to work towards a goal of returning him home. So long as he is making progress at the facility I would strongly encourage you to leave him alone. Should the facility allow you to check him out based on the law in Washington they will certainly have you sign a form that you will assume responsibility for him. Should something happen both the State and his family may bring an action against you in either civil or criminal court (or worse yet both).
My recommendation is to hire an attorney and fight the appointment of a guardian that isn't you or working for/with you. Guardianship cases tend to move quickly. I would recommend going to www.NAELA.org to find an experenced attorney in your area.
Legal disclaimer: Jason Waddell provides this information as general advise and recommends consulting with a local attorney as even in Florida matters may be handled differently from jurisdiction to jurisdiction. Nothing herein should be construed as specific legal advise to a specific case . All content is general in nature due to the limited information given to the attorneys. . Attorneys are unable to ask the questions necessary to fully understand the legal issues faced by any particular poster. 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 on Avvo.com or any other law-themed website without first consulting a local attorney. Pursuant to IRS Circular 230, no online content may be used by any person to avoid taxes or penalties under the Internal Revenue Code. No information presented by anyone online is confidential in nature, and no online reading or writing will create an attorney-client relationship between you and Atty
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