Legal Question in Wills and Trusts in Indiana

Re: Nursing Home

Unless there has been a conservatorship or guardianship established over the parent by the probate division of your parent's county's superior or circuit court, the parent cannot be compelled to stay at the nursing home or, for that matter, at any child's home. The power of attorney does not prevail over the parent's wishes. So if the parent is able to decide for himself what he wants, then his decision controls. If the parent is unable to decide for himself, then someone should file a court petition for conservatorship so proper decisions can be made. It is likely that the child who is designated the attorney in the power of attorney was also nominated to be a guardian or conservator, and unless there is evidence that the child is abusing his responsibilities, that child will probably be appointed guardian, if he is willing to serve. What are the chances of a family meeting to discuss the matter and come to a consensus?