Legal Question in Elder Law in New York

URGENT -Throwing Dad out of nursing home

What are OUR legal rights? What course of action can we take ? Dad is 97 on medicaid now in Somers Manor Nursing Home. He has had some behavioural problems. Roaming into other patients' rooms, etc. Dementia, depression. Mom in same Nursing Home. They want to send him to ANY facility who has a bed ASAP. Somers Nursing says they can no longer handle him.

We need to be close to Dad to visit and try to keep parents together


Asked on 1/22/09, 4:52 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: URGENT -Throwing Dad out of nursing home

I hear what you're saying, but I'm not exactly sure what you're asking regarding YOUR rights. You can take mom and dad into your home and hire 24/7 attendants to watch them, if that's what you want to know. Obviously it's not, but I'm not exactly sure what you want to know about YOUR rights. If you have the money, you can do anything you want. If you don't have the money, you have to make compromises. Of course you want mom and dad together, in a place which is convenient to you. Every child would want that; but you know, this is what happens when people get old and dementia takes over. If Somers doesn't have a lock down ward, dad can't stay there. The facility can't allow him to endanger other patients, or himself, which is what is happening. If you don't scramble to find a facility to take dad and which is reasonably acceptable to you, Somers may very well ask the court to appoint a guardian who will make the tough decision to move dad elsewhere. I don't really know what else to tell you; I'm sorry.

Rick Bryan

New York, NY

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Answered on 1/22/09, 11:50 pm


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