Legal Question in Elder Law in Nebraska

Re: incapacitated - put in nursing home

It depends on a number of things. First, what harm might be done to father if allowed to stay in nursing home. Not what you imagine, but what the doctor says will be a probable result. Second, all though the wife is usually presumed to be the guardian for an incapacitated husband; you may file an action in court to have someone else appointed as guardian for your father. The guardian would have the authority to place the father in the best environment for father. Third, how much money do you want to spend to get this done? Although you may be able to get father placed in a different facility, you may not be able to compel wife to pay for it; so you will need to pay for his care. You will also need to pay an attorney to file for guardianship and there is no guarantee they will be successful. The law will favor the wife unless leaving father where he is at now will cause irreparable harm. In any case, you won't get a vote unless it is your money backing the decision.