My husband had a stroke and is in the nursing home. Can his daughter get him out ot the nursing home without my consent? Her only concern is his money

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My husband had a stroke and is in the nursing home. Can his daughter get him out ot the nursing home without my consent? Her only concern is his money

Asked on May 21, 2009 under Business Law, Tennessee

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Without a power of attorney or a court order, I don't think your husband's daughter has any right to do this.  If you think she is likely to try and take control of the situation, you need to see an attorney who specializes in elder law, as soon as possible.  One place to look for qualified lawyers in your area is our website, http://attorneypages.com

Your husband may well be no longer competent to manage his own affairs.  Ordinarily, you would be able to make most of the necessary decisions, but it might be best to get a court order giving you complete legal authority to act in his name, if he had not given you a power of attorney before the stroke.  However, his daughter would also be able to apply for that power.  The details of how this works vary some, from one state to the next, and the unique facts of the case might be important as well.  It sounds like it would be best not to wait and see, but to get a good lawyer on your side right away.


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