I live in state of IL. I am trying to get my father out of the nursing home that my brother put him in with his POA over healthcare. MY father has been diagnosed with mild to moderatre dementia and my brother thinks this is a good reason to keep him in there. I took care of my father for over 14 weeks, he put on weight, got his dementia meds etc. HE has been diagnosed by two dementia specialist and in their opinion he would benefit from 24 hour care (which I have provided) at home or in a skilled nursing home ($6,000 a month) My dad has signed over a new POA of health to me but the nursing home insist that if it is not signed by a judge it is not legal (my brother POA is not signed by judge either. My brother and the nursing home managed to get the nursing home doctor that sees my dad to send in a letter stating in his opinion that he is incompetent to sign or care for himself. If this is true then shouldnt all medical DNR be signed by a judge also. My main question is what happens if my dad just walks out of the nursing home?
1 Answer from Attorneys
Based on the described facts in your question, my reply is:
If you and your brother are unable to agree to the best situation for the care of your father, the mental capacity of your father is the primary issue. It appears that the nursing home has determined that your father lacks legal capacity to make his own decisions, and that under the POA, your brother has a legal right to make such decisions. A person who lacks legal capacity cannot sign a new POA granting such decision rights to another. A probate court can determine the lack of legal capacity and appoint a guardian (you, your brother, or another person) who would then make such decisions. If your father "just walks out," the nursing home may feel compelled to initiate such probate court proceedings. You may want to discuss this with your brother and the option to petition the probate court for such determination.
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