Q: what legal paperwork is needed to extricate an American 77 year stuck in a nursing home in Costa Rica? he is helpless.
the person in question is 77 years old. he has been in a nursing facility in Costa Rica for 6+ years. he went to CR, got a girlfriend and he had some kids w/her (we are not sure how many but the US gov't. is providing them w/his social security benefits). this person is completely 100% unable to take care of himself, he lost his ability to walk, he can't even get up to go to the bathroom, wears diapers, can't shower or even sit up, everything is done for him 24/7. he is *afraid to leave CR at this point, even though no one speaks English around him and he understands nothing and *no one has visited him in 6+ years*. he does *NOT* want to leave CR because he is fearful and has some memory issues and is very depressed. he hopes his CR girlfriend will come back to "take him home" with her. (*she is not going to do this). So what needs to be done *legally* to extricate my friend back to the USA? His grown son is willing and able to do this relocation but where to begin? thanks
A:
This is a complex situation involving international law, medical issues, and potentially guardianship concerns. Here's an overview of the legal steps that may be needed to help relocate your friend back to the USA:
1. Determine mental capacity:
- A medical evaluation may be necessary to assess your friend's mental capacity to make decisions about his care and living situation.
- This could impact whether he can legally consent to relocation or if guardianship proceedings are needed.
2. Power of Attorney (POA):
- If your friend is mentally capable, he could grant his son a POA for healthcare and financial decisions.
- This would allow the son to act on his father's behalf in arranging care and relocation.
3. Guardianship/Conservatorship:
- If your friend lacks mental capacity, his son may need to pursue guardianship through the Costa Rican legal system.
- This could involve filing a petition and providing medical evidence of incapacity.
- Once appointed, the guardian would have legal authority to make decisions about care and relocation.
4. Passport and travel documents:
- Ensure your friend's U.S. passport is valid. If expired, contact the U.S. Embassy in Costa Rica for renewal assistance.
- The embassy may also be able to provide guidance on any other required travel documents.
5. Medical clearance for travel:
- Obtain medical clearance from his current doctors stating he is fit to travel.
- Arrange for any necessary medical support during the journey.
6. Coordination with U.S. authorities:
- Contact the U.S. Embassy or Consulate in Costa Rica for assistance with repatriation.
- They can provide guidance on local laws and procedures for medical repatriation.
7. Costa Rican exit procedures:
- Research any specific exit requirements or permissions needed from Costa Rican authorities.
- This may involve working with a local lawyer familiar with international cases.
8. Arrange U.S. care:
- Secure placement in a suitable care facility in the U.S. before initiating the move.
- Ensure all medical records are transferred and translated if necessary.
9. Social Security and benefits:
- Contact the Social Security Administration to update information about his return to the U.S. and any changes in dependents.
10. Legal representation:
- Consider hiring an attorney specializing in international elder law to navigate the legal complexities in both countries.
Given the complexity of this situation, it's highly recommended to consult with legal professionals in both Costa Rica and the U.S. who specialize in international elder law and guardianship issues. They can provide more specific guidance based on the exact circumstances and current laws.
The U.S. Embassy in Costa Rica should be a primary point of contact, as they can provide resources and guidance for U.S. citizens in difficult situations abroad.
Remember that throughout this process, it's important to consider your friend's well-being and rights, even if he's currently resistant to the idea of returning to the U.S. Balancing his autonomy with his need for proper care will be a key consideration in any legal proceedings.
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.
