Legal Question in Elder Law in Arkansas

Dad's legal next of kin?
My dad, living in Ark., had a stroke 3 months ago and he is being discharged from Veterans Hospital. I am 28 yrs. old and my brother is 20 yrs. old and we are his only 2 children and thus far my dad's sister (aged 48) has made all the decisions concerning his health care. She informed us that my dad is being put into a nursing home. My brother and I want our dad to live with us, but we are getting no positve help from our aunts and uncles. Do we have any legal right over my dad's siblings as far as his care is concerned. Our dad is completely paralized on his left side, wheelchair bound and
will require a lot of care, but according to his doctors he could live at home with us. Also my dad's ''girlfriend'' is very interested in my dad going to live with her, mainly because she would like to get control of his military disablity pension and thank goodness my aunts and uncles are in aggrement with us that this friend's place would not be a good place for our dad to go live. In the event that we don't get our dad to live with us in Mississippi could the friend get our dad out of the nursing home and take him to live with her?

Asked on 4/22/03, 9:00 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

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Re: Dad's legal next of kin?

Your dad may have given his sister a durable power of attorney to deal with his estate and make health care decisions for him. If he is able to understand and appreciate the nature of his actions, he can decide what he wants to do. If he is unable to manage his estate, a conservator can be appointed for him. Generally, an adult son would be preferred to a sister for the conservator. You need to understand why the brothers and sister think a nursing home is best. Then visit with your father and discern his wishes. Lastly, you need to show your family why it would be better to let you try taking care of your father (propose a trial period). One argument is that you offer the only opportunity for your father to stay in a home environment, and such environment is generally preferrable to a nursing home.

Additionally, contact the Miss. Dept of Human Services to see what they can do for your father under Medicaid if he lives with you and compare that with what the Arkansas Dept. of Human Services can do. If possible, try to use the benefits of the State that would give your father the better quality of life.

Answered on 4/22/03, 9:21 pm

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