Jamestown, NY asked in Elder Law for New York

Q: My 86 year old father was living with me and my niece put him in a home. Can I legally go get him and bring him back hom

My father is able to make decisions on his own. He wants to come back home

Related Topics:
1 Lawyer Answer
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to communicate with the staff at the nursing home, inform them of your father's decision, and coordinate the necessary arrangements for his discharge. Ensure that your father's wishes are documented and that he is capable of managing his affairs.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.