Miami, FL asked in Elder Law for Florida

Q: Can a nursing home restrict a resident from leaving if they're deemed mentally fit?

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3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Elder Law Lawyer
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: Sortof depends upon how or what evidence there is of the resident being mentally fit. Also, it depends upon what evidence there was to place the resident in the facility in the first place.

Ultimately, there is just not enough information here to say one way or the other.

Best suggestion is to consult with an elder law / guardianship attorney in your area to get the admission documents and an recent documents showing the resident to be mentally fit.

Good luck.

Thomas Tripp
Thomas Tripp
Answered
  • Elder Law Lawyer
  • Pinellas Park, FL
  • Licensed in Florida

A: Your question needs more facts. Of course anyone of sound mind can do anything they want - subject to contractual agreements etc. I reccomend you discuss your specific facts with an attorney in your area.

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Elder Law Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: When anyone requiring continued care is discharged from a skilled nursing facility, the attending physician or case manager at the facility will not approve the discharge unless there is a suitable discharge plan in place. When someone is being discharged to their home, this means that there will be someone at home to be the caregiver and that visiting nurses or physical therapists are scheduled, if needed, to come to the home for follow up care. The discharge plan typically requires family members to meet with the care team at the facility to discuss the discharge plan in detail. If a person no longer requires any care and is mentally competent, then they should be able to discharge themselves. If you or your loved one has any questions about their rights as a patient or needs documents that may be required to assist a person to make care decisions (durable power of attorney, pre-need guardian, health care surrogate, medical proxy, living will), then you should consult with an estate planning or elder law attorney.

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