Fullerton, CA asked in Elder Law and Family Law for California

Q: Father is on hospice, but still cognitive and alert able to make own decisions, wants to go home, can he?

My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.

He is bed ridden and might improve some with physical therapy, he will need a care take for most of the day, and Hospice or my family had person whom could do the care 16 hours a day. His current wife(#3), refuses to allow him to go home, and has placed him in a board and care home, where he will be in a room in the house 24 hours a day, and not even put into a wheelchair or have the bed moved into other areas of the home. My father's wife is paying $5000 a month out of pocket.

The hospice person picked this place as she has history with them, but she does agree with me my father should be home as it is his wishes.

What can I do as his son, to make his wish to go home a reality.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Elder Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions against his best interests. However, you should consult with an attorney familiar with elder law and conservatorships to assess the specific facts and advise on the best course of action.

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