Jamestown, NY asked in Elder Law for New York

Q: My 86 year old father was living with me and my niece put him in a home. Can I legally go get him and bring him back hom

My father is able to make decisions on his own. He wants to come back home

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T. Augustus Claus
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Answered

A: In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to communicate with the staff at the nursing home, inform them of your father's decision, and coordinate the necessary arrangements for his discharge. Ensure that your father's wishes are documented and that he is capable of managing his affairs.

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