Legal Question in Elder Law in New York

Re: Do I have the right to place my parent in a nursing home

No one has the right to involuntarily place someone in a nursing home. If dad needs to be there, but won't go, you will have to have someone appointed as his guardian under Article 81 of the Mental Hygiene law. In the petition, the proposed guardian should ask for the power to determine where dad will reside.

You will need to allege that dad is unable to care for his own personal needs, and that no less restrictive alternative is available.

There are very specific requirements about what has to be in the petition, who has to be served, and what powers a guardian can have, so try to find an attorney who has experience with guardianships.

Expect the legal fees to be over $5,000, and the court evaluator fees to be over $1,000. The petitioner is responsible to pay those fees, although he or she can be reimbursed from dad's funds if the petitioner is appointed as guardian.