Whitwell, TN asked in Elder Law for Tennessee

Q: My dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad seems at first glance to be coherent because he says no or shakes his head yes. After a few questions then you realize his answers don't always go with the questions asked,( such as are you ok? Ya. Can you get up? Ya. Is this your brother? NO) even though he can't get up and his brother is stand right there

I need him in a nursing facility asap to be cared for. His home has no working bathroom, no running water etc. We worry if the house were to catch fire he cant get out. His home has been broken into multiple time and the last time they even stole his groceries. I need to know what steps I can take

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1 Lawyer Answer
Robert D. Kreisman
Robert D. Kreisman
  • Elder Law Lawyer
  • Chicago, IL

A: From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be adjudicated a "disabled person". That person would be the guardian of the estate and person. It doesn't have to be the same person for both positions, but at least the guardian to receive the court's approval to move your dad to an acceptable nursing facility that matches his disability.

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