Help save grandma from the nursing home, Please

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rklundt

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My fiancé's grandmother just this week was released from a physical therapy center after breaking her hip. She will now need 24 hour care.

This grandmother's daughter, Barb, (around working full time) is actively looking for care for her mom during the hours she is at work; otherwise, Barb is living with the grandmother, and providing the care she needs.

As the grandma was just released this week, they are still setting up the arrangements to have and aide come during Barb's work hours. At this point grandma is getting 16 hour care, and would have been set up with an aide this coming week during Barb's work hours.

While Barb was at work today, the occupational therapist came and had to call an ambulance because grandma was having chest pains (it turned out to be gas).

Here is the dilemma: the hospital is now trying to force grandma into a nursing home because she doesn't yet have 24 hour care. This will lead to the banks taking over her house and car.

Barb, at this point, is in such a state of confusion and shock, and feeling taken advantage of, that she isn't thinking straight; however, I have talked her into seeking legal advice ASAP. Barb said the hospital was trying to get her to sign a lot of paperwork, and, to her credit, she said she wasn't going to sign anything yet.

There is no need to mandate that Barb's mother go to a nursing home. She is days away from the 24 hour care and it would break my soon-to-be family's heart to have take grandma out of her house, and to be forced to sell the home.

What can my fiancé's family do to stop the hospital from forcing grandma into a nursing home, and, as a result, having to take over the house to afford the outrageous fees? Are there any good links you can provide for this families rights to keep their grandma where she wants to be? (I searched quite a bit on Google, but only found poor results).
 
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No hospital can "force" grandma into a nursing home. When someone is signed into a nursing home (or signs themselves in), the "signer" is responsible for the cost of the nursing home.

A hospital will not sign someone in because they do not wish the financial responsibility of such. They will, instead, often encourage family members to do so if they truly believe the patient requires placement. However, again, they cannot "force" family members to do this. If Barb doesn't wish to sign the papers, she doesn't have to.

In some cases, families that refuse nursing home placement for loved ones that really do need this can be required to be followed by Adult Protective Services just to make sure the patient is adequately cared for at home.

Gail
 
Relieved, but I now have a couple more questions :)

Well this is a relief to hear.

I'd imagine Adult Services would want to see that Barb is on the right track to make sure that her mom has the care while she is at work. Barb can easily show that there are pre-existing appointments with a couple different Elderly Aide companies.

Barb said that the hospital staff person trying to get her to sign the papers last night said that if she doesn't sign the paperwork, it will still happen and the house will still get seized. Was this person talking beyond their position? Barb was already quite stressed out, but it sounds like this staff member was trying to coerce her into signing the paperwork.

Also, what should Barb do if the hospital tries to tell her that she is not allowed to take her mother home (from what you mentioned, they can't do this)?
 
The hospital person was talking beyond their position. That includes telling Barb that she can't take her mother home.

In fact, if grandma is "with it" enough to sign herself out, she can always do this by demanding she be released AMA (Against Medical Advice). By going AMA, a hospital is "absolved" of any legal ramifications that may occur later by a patient (or their family) demanding the release from the hospital.

The only way that a patient can be "made" to do something they do not wish to do (be it medical tests, a surgery, etc.) is if they are declared medically incompetent and there are no other relatives (by blood or marriage) available to assume the decision making for them.

This isn't the case here; Barb is more than willing (and has) to take on this responsibility.

Gail
 
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