Can I put my sister in a nursing home even though her husband is very much in her life but cannot take care of her anymore?

My sister had stroke over 10 years ago and was taking very good care of by her daughter and husband. she is completely bed ridden and never gets out of bed. My brother in law and her daughter can no longer take care of her do to diabetic ulcers on both of their feet and have many operations these past years. Can we has sisters admit her to a nursing home without the consent of her daughter (she is 32) and her husband?

Asked on October 13, 2011 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your sister and for you all as her family.  She is, though, very lucky to have all of you.  If your sister has not been deemed incompetent and can indeed indicate her wishes then it may be hard to move her to a nursing home.  Now, is her husband and/or daughter her guardian or conservator under the law?  If one or either of then they have the say so here with her care.  If they are not - but make application to be if you try and do so - you are going to have a difficult time of things and are going to have to prove that she is not being cared for well enough in the situation that she is presently in.  Seek some legal guidance on this matter.  Please tread lightly.  This is a very volatile family situation. You all need to keep sight of the fact that it is for the best interests of your sister his wife her Mother.  Good luck. 

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