Legal Question in Elder Law in Texas

Who has rights in this case?

My father who is 65 had a stroke 14 years ago. Since that time, my mother has been taking care of him with help of some home assistance paid thru medicare. My mother was diagnosed last year with congestive heart failure. We all know that it is too stressful for her to take care of him. She wants to put him in the nursing home, but he's refusing to go. She has a POA, and he has recently come home home from a mental hospital where they have treated him for behavorial problems. He was to be discharged to a nursing home from the mental center, but they refused to send him since he refused to go. They told us that they had to discharge him to his home because he was stable and was responding to treatments. My question is basically this..can my mother admit him to a nursing home eventhough he's refusing to go? She has a POA, but i've heard that he could resend that....please help.


Asked on 2/23/03, 8:49 pm

1 Answer from Attorneys
Laura D. Heard Law Office of Laura D. Heard

Re: Who has rights in this case?

Your father can rescind his power of attorney if he does not agree with the actions of his agent. If he is unable to care for himself and there is no other means to care for him, your last resort legally may be to petition the court to establish a guardianship. His guardian can put him in a nursing home, even against his will, if that is in his best interest.

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Answered on 2/23/03, 11:56 pm


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