Legal Question in Elder Law in New York

5 years ago, my uncle had a heart attack. His girlfriend of 40 years was taken to a nursing home since she is unable to be left alone. Since then, her son, who was not part of her life before has taken over and she is unable to return to the home she has lived in for over 40 years. She has dementia but knows my uncle and when she is with him says she would like to come home and she loves him. She says she doesn't want to die in the nursing home and hates it.

From my understanding, it is very difficult to get someone out of a nursing home in these circumstances. Isn't this a violation of the ADA. Is there anywhere we can turn or anything we can do.

My uncle is 91 but says there is help available to care for her.

Thank you very much.

Irene


Asked on 10/04/10, 3:30 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

You may want to consider a petition for guardianship.

Read more
Answered on 10/11/10, 11:47 am


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