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Food For Thought: Can An Elderly Person be Forced to Enter a Nursing Home?

One of the hardest things to do is care for an elderly loved one. What happens when you reach the point where you can’t provide them with the standard of care they need and deserve? Can you force them into a care facility, or are you left to struggle? The answer is both yes and no; if you have the legal rights to do so, you may.

Why You Might Need Your Loved One Moved to a Nursing Home in New York

When our parents age, they sometimes need the care from their children that used to be the parent’s responsibility. Sometimes one spouse has to look after another spouse. Nobody wants to take their loved one from the comfort of their home, but at some point, a decision has to be made. How do you know you’ve reached that point? 

There are several signs to look out for. If you are physically incapable of giving them the care they need, it’s time to look into putting them into a nursing home. Many dementia and Alzheimer’s patients get to the point where they need round-the-clock care, and if you have a job, that’s impossible.

If your mental or physical wellbeing is at risk, then it’s time to look into other options. You can’t look after another if you’re hurt.

Requirements to Move a Loved One into a New York Nursing Home 

Being related to someone and taking care of them isn’t enough to give you the right to put them in a care facility against their wishes. You have to have the legal right to move them.

A Living Will – a Durable Medical Power Of Attorney or a Power Of Attorney Health Care Proxy, as it is sometimes called, gives you the power to make medical decisions for someone who can’t make those decisions for themselves.

The second way is to get a conservatorship and/or guardianship. In some states, they’re one and the same, but here a conservatorship only allows someone the right to deal with someone’s finances, not their medical decisions. A guardianship allows medical decisions.

How to Get Legal Rights to Move a Family Member into a Nursing Home

The easiest way to get Power of Attorney is to speak to your loved one if they are still of sound mind and have them sign the documents giving you the right to make decisions for them. If they are not of sound mind, you can’t set up a Power of Attorney and would have to go a different route.

A conservatorship and guardianship are only obtained by petitioning the court. They’re required in situations where your loved one can’t consent to a Power of Attorney.

Contact Dalli & Marino to Help Move Your Loved One into a Nursing Home

If you try to put a loved one in a care facility and don’t have Power of Attorney or Guardianship, then there is nothing keeping your loved one from leaving the facility. There’s a right way you have to go about getting help. Reach out to us at Dalli & Marino at (888) 465-8790 or by filling out our online contact form


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