Legal Question in Civil Rights Law in Kentucky

How can I get my grandfather out of a nursing home?

My grandfather is an 84 year old man, who has been placed in a nursing home by his wife three weeks ago. She told him he would only be in there temporarily, while she underwent and recovered from gallbladder surgery. He agreed to this and allowed himself to be signed into the nursing home, and also signing over durable power of attorney papers to his wife. After residing in the nursing home for one week and not having a phone call or visit from his wife, who never did have surgery, it was becoming apparent that he was abandoned. His only son, and all six of his grandchildren, live near Cincinnati, about three hundred miles away from this nursing home. His son went to visit him, and to arrange to sign him out. He was told by the nursing home staff that only his wife could sign him out. After his weekend visit, he vowed to come back down to get him out.. He sought legal advice and was told that my grandfather could sign a paper revoking the power of attorney papers he had signed to his wife. On December 23, he was once again turned away from the nursing home, saying these papers could still not release my grandfather.


Asked on 1/04/05, 12:00 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: How can I get my grandfather out of a nursing home?

I don't practice law in KY, but I can point you in the right direction.

Because of the power of attorney, a court will probably have to rule on the matter. Obviously, there are some competing interests here, vis a vis your grandfather's capacity to care for himself, his wife's actions, and why she has done this, and his son's intentions, and your own.

If you are in agreement with the son, the two of you should consult a local attorney who pratices

Elder law. Most local attorneys who handle Trusts and Estates, or who have acted as Guardians will be familiar with KY law on the subject.

In New York one power of attorney generally does revoke another. I do not know KY law on this point. However, in NY if a dispute of this nature came my way, where I had a client who wished to have a relative who had been placed in a nursing home under false pretenses, released into my care, I would bring an Order to Show Cause asking for the court to appoint an independent evaluator to do just that. The court will then have a hearing and rule on the appropriate issues.

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Answered on 1/05/05, 12:06 am


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