Westwood, CA asked in Elder Law and Nursing Home Abuse for California

Q: Can a skilled nursing facility have a patient transferred due to attitude?

I work at a skilled nursing facility there is a patient that is actively trying to get the facility shut down by making fraudulent claims to the state. Now he has started calling the nursing board and making fraudulent claims against the nurses trying to have their licences taken away. He has stated several times that he is doing all of this in an effort to have the facility shut down so that he can transfer somewhere else. He has a financial power of attorney who says they are not willing to pay for him to go somewhere else. We would gladly help him transfer. Can we do something to make the financially responsible party approve his move to another facility?

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: You can sue for defamation based on the false claims. That may also motivate his attorneys-in-fact to move him elsewhere. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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