Can they make him go to a nursing home even though he doesn’t want to? 7 Answers as of May 08, 2014

My father in law had a stroke and was on life support. An emergency power of attorney was given. His first son and brother in law are the two power of attorneys. He now lives with me and my husband his youngest son. He can't walk because of the stroke. We take care of him and have been now for over a year. My husband's brother who has power of attorney is now sending my father in law to a nursing home. He doesn't want to go. He wants to stay here with us.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I guess that you can contest it, but as his condition deteriorates, it will become too hard for an untrained person to fulfill. You may want to rethink that, and explain it to him.
Answer Applies to: Michigan
Replied: 5/8/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Your father-in-law can certainly decide where he prefers to live. Only a doctor can decide whether he MUST be in a skilled nursing facility.
Answer Applies to: Illinois
Replied: 5/8/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Raise a little hell with the nursing home. Maybe they?ll be frightened off if they think that they might be sued.
Answer Applies to: California
Replied: 5/7/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
A power of attorney means nothing here. let the old man stay where he please unless there is a court order.
Answer Applies to: North Carolina
Replied: 5/7/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It depends on what the power of attorney says. It sounds like a conservatorship needs to be established appointing the two of you over him. Talk to a probate lawyer.
Answer Applies to: Alabama
Replied: 5/7/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Your father in law can revoke the POA.
    Answer Applies to: New York
    Replied: 5/7/2014
    Graves Law Firm
    Graves Law Firm | Steve Graves
    If your father-in-law is still mentally competent, he can revoke the power of attorney. If not, your husband can go to court and? seek guardianship, and if he's successful his authority will override his brother's power of attorney.
    Answer Applies to: Texas
    Replied: 5/7/2014
Click to View More Answers: