How to Put Someone In a Nursing Home Against Their Will

How to Put Someone In a Nursing Home Against Their Will

Caregivers and families of seniors who can no longer take care of themselves go through hard times when it’s time to admit their loved ones into a nursing home.

Letting go of a parent or relative who has consented to live in a nursing home is emotionally difficult. However, it is worse dealing with someone who refuses to consent to living in a nursing home despite their incapacity to live alone.

Family members and caregivers often have stress because it is extremely hard to look after someone full time especially if you have a full-time job. It is also hard to abandon someone you love.

The decision to be in a nursing home should be made by the person, and it is often a dilemma when that person refuses to consent.

How to Put Someone In a Nursing Home Against Their Will

Unfortunately, despite how hard it is to give care to someone who needs you 24/7 and refuses to be in a nursing home, you cannot force them into a nursing home. If it is your parent or spouse, the best option is to do an intervention for them and convince them that they should be in a nursing home.

Some of those people are aware of their situation, and that they are better off in a nursing home but still refuse to go into a nursing home. If you have tried interventions, counseling, and all the other ways to convince your loved one to go to a nursing home, the only options you have are legal processes.

Options On How To Put Someone In a Nursing Home Against Their Will

When it becomes really necessary for someone to be in a nursing home, but they are not willing to consent, you can explore the legal way. This includes:

Secure Guardianship

A guardianship gives you the right to make decisions on behalf of your spouse, parent, or loved one. These are mainly medical and financial decisions. Getting admitted to a nursing home is a medical decision that you can exercise on behalf of someone if you have guardianship.

This process needs you to appear before the court and plead a case of incapacity of the individual to take care of themselves and make sound decisions. If you do not have proof that someone is incapacitated, you cannot acquire guardianship.

What It Takes To Acquire Guardianship

Acquiring a guardianship is a difficult process and takes a lot of time, and finances. However, it is likely to be easier if you have the following:

  • The person involved has to be incapable of making their own decisions; medical and financial
  • A good elder law attorney who is experienced in such matters
  • The emotional capacity to handle a difficult court case
  • Pure intentions for your loved one
  • Recommended caregiving options such as nursing home facilities
  • A letter of recommendation from the doctor

What To Do After Getting a Guardianship

If your loved one is incapacitated and you acquire guardianship, it is possible to decide where they should live on their behalf. However, this process will not be easier as they still will be unwilling to live in a nursing home.

It could be harder than before to convince them as they might feel angry that you are making decisions on their behalf. So brace yourself to do this process difficulty.

The best thing to do after acquiring guardianship is to prepare your loved one for a life in a nursing home. Assuming that you have already found a nursing home for them, you must talk to them and get them everything they need for an easy transition into a nursing home.

FAQs

When Should You Put Someone In a Nursing Home?

If the doctor recommends putting someone in a nursing home for a certain period, it is best to do so. If a person cannot live on their own and take care of themselves, it is time to find a nursing home for them.

How Do You Know Its Time To Put a Parent In a Nursing Home?

When your parent’s safety is at risk, and they can no longer keep the basic hygiene standards on their own, or when their health condition demands expert care, it may be time to put them in a nursing home.

How Do You Convince Someone To Go Into Assisted Living?

The best way to convince someone to go into assisted living is to involve them in every decision. Sometimes, you can call a family intervention to convince the why they need assisted living.

Final Take

Putting someone in a nursing home against their will is also not legal unless that person is incapacitated and you have guardianship. Acquiring guardianship is a legal process that can take a long and take up resources. However, it is possible to get guardianship and put a loved one in a nursing home even when they are against it.  

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