What if I do not want to go to a nursing home?

You don’t have to go into a nursing home if you don’t want to as long as you are still able to care for yourself and arrange for your own care. Avoid dying in a nursing home by setting up a living trust that specifically states how your estate will pay for your care. You can avoid going to the nursing home under these circumstances unless you need skilled care. Enter your ZIP code below to speak with a local attorney about living trusts and more.

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Mary Martin

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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

Except for possible temporary placement in an emergency situation, you don’t have to go into a nursing home if you don’t want to as long as you are able to care for yourself or arrange for your own care.

If you are unable to take care of yourself or to arrange for care, then you could be forced into a nursing home by a court.

This could only happen if someone, such as a relative or a social worker, goes to court and asks to be appointed conservator (or guardian) of you. In order to do this, the person has to show that you are unable to care for yourself or to make decisions about your care and that your self-neglect would be dangerous to your health and well-being. If you want to oppose such a request, you can ask for a trial. In most states, if you can’t afford a lawyer, one will be appointed for you to help you oppose the request for a conservatorship or guardianship. Many areas have elder advocates who can help you as well.

There are quite a few programs that provide care for seniors who remain living at home. There are meal programs, transportation programs, and adult day care programs where you can go to socialize and receive care during the day.

If you are having difficulty caring for yourself, but want to stay at home, contact senior advocates to find out what programs are available in your area. There may also be other options, such as group homes, where you can receive more care but have more freedom than in a nursing home.

If you can show that you are being cared for, no one can force you into a nursing home.

The best way to avoid the threat of a nursing home is to plan your estate to cover the possibility that you will need extra care in the future. If you set up a living trust, for example, place your assets in it, and then name someone you trust to be your Trustee. When you no longer can care for yourself, then your Trustee will pay for your care and services out of the trust assets in the way you have specified in the trust documents.

You would not be placed in a nursing home under those circumstances unless you needed skilled nursing care and your estate could not afford to pay for skilled nursing services at home.

Case Studies: Exploring Alternatives to Nursing Home Care

Case Study 1: Mary’s Living Trust

Mary, a senior citizen, wanted to avoid going to a nursing home and maintain control over her care. She set up a living trust that clearly outlined how her estate would pay for her care. Thanks to her proactive planning, Mary was able to receive the necessary care and support while remaining in the comfort of her own home.

Case Study 2: John’s Court Battle

John faced the threat of being forced into a nursing home against his will. A relative had petitioned the court to be appointed as his conservator, arguing that he was unable to care for himself and his well-being was at risk.

However, John decided to fight against this request and asked for a trial. With the help of a court-appointed lawyer and elder advocates, John successfully opposed the conservatorship and maintained his freedom to receive care at home.

Case Study 3: Sarah’s Community Programs

Sarah was having difficulty caring for herself but was determined to stay at home. She reached out to senior advocates in her area and discovered various community programs available for seniors who choose to live at home. Through meal programs, transportation assistance, and adult day care programs, Sarah received the care she needed while enjoying the benefits of socialization and independence.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

Find the right lawyer for your legal issue.

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