Legal Question in Elder Law in Florida

Elderly Aunt in Fla.

My 85 yr aunt was in a physical therapy home for 70 days paid for by insurance. Insurance has terminated her stay and now she is in an assisted living home (doctor would not discharge her). She is now in a wheel chair and is not strong enough to lift her own weight. She cannot go up (3) steps to enter her home. She cannot bathe or got to the bathroom without assistance. She cannot afford and refuses to have someone live with her (nurse). Does the doctor have the legal right to not allow her to go home because of the safety issues that she faces and the fact that she cannot take care of herself or can she go home if she wants? Social services has been involved. Mentally she is in good shape. She wants to go home. We would rather she stay where she is safe.


Asked on 6/25/09, 12:49 pm

1 Answer from Attorneys
Robert Roemer Robert Roemer

Re: Elderly Aunt in Fla.

Generally in Florida you can bring a Guardian proceeding. A Guardianship can be limited to financial or further need, depending on the person. During the proceeding your aunt would be evaluated by three different professionals who would make a recommendation to the Court regarding the best interests of your aunt.

If you wish to discuss this further, e-mail me your telephone number and time of day you can be reached.

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Answered on 6/25/09, 1:49 pm


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