Q: How to get my Dad home to his house to pass away?
My father was in Riverside Community Hospital for five weeks, he was always cognitive and still very much is. Every time he was asked where he wanted to go by his nurses, his doctor, social worker and his Hospice Liaison, he wanted to go home to his house to pass away. My father is in heart failure, end stages of cpod, and other ailments has about six months to live.
He pleaded to go home and I went and found a small army of caretakers to take care of my Dad, yet his wife denied and refused to allow him to go home. She placed him in a board and care home and is paying $5000 per month for this service.
My father simply wants to go home, yet his wife refuses, I need to get my Dad home, what can I do?
Thank you,
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- California
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- Answered
A: In California, if your father is mentally competent and can express his wishes, he has the right to determine where he wants to live and receive care. If his wife is making decisions contrary to his expressed wishes, you could consider seeking a conservatorship over your father to ensure his wishes are respected. A conservatorship would allow you or another trusted individual to make decisions on behalf of your father, including where he should reside. To pursue this, you would need to file a petition with the local probate court and provide evidence of his wife's decisions being contrary to his desires and best interests. If granted, the conservator would have the authority to move him back to his home. However, conservatorships are serious legal actions and can be contested. Given the complexity and potential emotional challenges involved, you may want to consult with an attorney experienced in elder law or conservatorships to guide you through the process. Documenting conversations and actions related to this matter will also be crucial.
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