Legal Question in Elder Law in Nebraska

incapacitated - put in nursing home

My father was incapacitated after a stroke 3 weeks ago and his wife placed him in a nursing home after his hospital stay without telling his other family members. His doctors recommend health care at a rehabilitation hospital and we assumed that is where he was going. His doctors have also advised us that he does not belong in a nursing home. Is there anything we can do, as his children, to get him the care that he needs? Docs say he will be fine mentally, and may walk with a cane eventually, with the proper care.

Asked on 3/03/08, 9:40 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: incapacitated - put in nursing home

It depends on a number of things. First, what harm might be done to father if allowed to stay in nursing home. Not what you imagine, but what the doctor says will be a probable result. Second, all though the wife is usually presumed to be the guardian for an incapacitated husband; you may file an action in court to have someone else appointed as guardian for your father. The guardian would have the authority to place the father in the best environment for father. Third, how much money do you want to spend to get this done? Although you may be able to get father placed in a different facility, you may not be able to compel wife to pay for it; so you will need to pay for his care. You will also need to pay an attorney to file for guardianship and there is no guarantee they will be successful. The law will favor the wife unless leaving father where he is at now will cause irreparable harm. In any case, you won't get a vote unless it is your money backing the decision.

Read more
Answered on 3/03/08, 11:11 pm

Related Questions & Answers

More Elder Law questions and answers in Nebraska