Legal Question in Elder Law in New York

Well the hospital is most likely going to send your aunt to a rehabilitation facility and then to a nursing home. It might be a non-issue regarding your uncle. Your aunt can't go home anyway unless she or you all have the money to pay for aides and make it a safe living situation. Otherwise the hospital cannot lawfully discharge your aunt. Did your aunt sign a health care proxy and power of attorney prior to becoming unable to make her own decisions? Did a doctor write in the chart that she had dementia or Alzheimer's? It's likely someone in your family is going to have to step up to the plate and file in the Supreme Court to become appointed as your aunt's guardian. Once that's done, the guardian will have more authority with respect to your aunt's safety and living conditions. Does your aunt own the home which she shared with her brother? This is a real mess all right. Where does your family expect your uncle to live even if your aunt can return home? You all have to figure that out; can't just send him out to live in the woods.