Can I prevent a family member from taking my grandmother out of the nursing home against medical advice?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I prevent a family member from taking my grandmother out of the nursing home against medical advice?

Asked on April 30, 2015 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the family member does not have a medical power of attorney or health care proxy, she can't remove your grandmother against your grandmother's will--though your grandmother can agree to go, even if it's a bad idea, if she (the grandmother) is mentally competent. If she's not mentally compentent and is following bad advice or otherwise doing things which are not in her own interest, you may need to bring a legal action to have a guardian appointed to make decisions for her.

If the family member in question does have a POA in her favor or some other legal authority to act for your grandmother in a health care/medical capacity, you could only stop her by bringing a legal action alleging that she is violating her legal duty by not acting in your grandmother's best interest.

From what you write, you should consult with an elder law attorney about your options and how best to protect your grandmother. It seems like it will likely take a lawsuit or other legal action in one form or another.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption