Legal Question in Elder Law in New York

Placing Grandmother in a nursing home?

How do you place someone in a nursing home if he or she does not want to go into a home? My husband's grandmother is 90 years old. She lives alone. She has problems caring for herself (bathing, daily care). Home health care workers never last more than a few months with her. Grandma is becoming dellusional at times. She believes things happened that are impossible. For example visiting with her mother and father.


Asked on 6/11/09, 10:46 pm

2 Answers from Attorneys
Richard Bryan Richard Bryan Attorney PC

Re: Placing Grandmother in a nursing home?

You have to ask the court to appoint yourself or someone as grandma's guardian. Perhaps an assisted living facility would be more appropriate if grandma needs help. Tough call.

Good luck.

Rick Bryan

New York, NY

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Answered on 6/11/09, 11:21 pm
Yolette M Saintiny The Law Office of Yolette M. Saintiny

Re: Placing Grandmother in a nursing home?

Having worked in the Mental Hygiene field for over 5 years, in addition to having represented almost 50 clients in elder law and/or guardianship matters. It appears that your loved one may need to be evaluated by Adult Protected Services "APS"; once they successfully ascertain that she maybe a danger to herself in light of her current living situation, i.e., danger using the stove, etc... they have the authority to commence a guardianship action through the Courts to have her removed to an assisted living facility, if she is suitable and can afford same, or a nursing home.

You may opt to request to be appointed as her guardian for financial and medical/personal decisions.

My thoughts are with you!

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Answered on 6/12/09, 5:45 am


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