Legal Question in Elder Law in New York

My stepdad has dementiaand was placed in a nursing home for two years. He stormed out of the nursing home in a fit of rage related to his dementia and walked back to my mothers apartment. When the nursing home staff caught up with him they tried to get him to return but when he said he did not want to return they told him he could never come back. My mother tells me that they have since revoked his Medicare eligibility so he must remain at home with her. He is incapapble of caring for himself, he is abusing my mom physically during his mood swings and he elopes frequently. They live on an extremely limited income in subsidized housing. Is there any way we can get him back into a nursing home?


Asked on 1/05/10, 6:50 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

How did your dad get to the nursing home in the first place?

You say he was "placed" there. What does that mean? Placed by whom?

In any event, someone needs to file a petition to have a guardian appointed for dad with the legal authority to decide where he is going to live.

Good luck.

Rick Bryan

New York, NY

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Answered on 1/11/10, 1:34 pm


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