Legal Question in Wills and Trusts in California
Probate, Trusts, Wills and Estates:
Can a senior citizen leave a nursing home once they are found to be mentally insufficient? They administered a sedative about 2 hours prior to the 2 evaluations. There are financial gains involved with his health insurance for the home to keep him. When he rallies, he even knows he was drugged and that his rights are being overlooked. What can a person on the outside do for him?
1 Answer from Attorneys
Re: Probate, Trusts, Wills and Estates:
Consider a conservatorship. A family member or an interested party can petition to be appointed the elder's conservator. In the alternative, you can report the situation to Adult Protective Services, and the Public Guardian may petition to be appointed conservator. The court would send out a court investigator as well as appoint a PVP attorney to assess the elder and the extent of the mental deficiency. The elder's doctor would also have to file a capacity declaration.
A conservator of the person, once appointed, would have the authority to determine whether the elder should be moved, and if so, where to.
On the other hand, if the elder is not mentally deficient, then he can make his own decisions and leave, if he so chooses. However, there should be a plan as to where the elder would go and who would take care of him.
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