28 Jul Can a Doctor Put Someone
in a Nursing Home?
Are you worried about going to appointments because you fear that a nurse or doctor will put you in a nursing home? It’s a common fear among elderly patients that can have devastating consequences. If your loved one is fearful of going to the doctor, they won’t keep their appointments, and they could find themselves sick, in the hospital with an injury, or worse.
If you’re caring for a loved one, you probably have the same question, but hope for a different answer. If a stubborn family member refuses to go to a nursing home, you probably hope that their doctor will make them go when it becomes necessary.
No matter how you’re approaching the question, it’s important to know the answer.
You cannot be forced into a nursing home by your doctor
The good news for mom and dad is that they cannot be forced into a nursing home by anybody. No matter how unwise the decision to return home may be, everyone has the right to decline any type of care that medical staff recommends.
However, it does rely on your capacity to make your own medical decisions.
Guardianship and powers of attorney
Things can get tricky if you have a power of attorney (POA), but only if your POA includes more than the ability for someone else to act on your behalf when it comes to financial matters. Only a POA with a conservatorship or guardianship can potentially force someone into a nursing home when they don’t want to go. In this case, only the person holding that distinction in your estate plan can make the decision—not the doctor.
If no conservatorship or guardianship is in place, but it becomes clear that a patient does not have the capacity to make an informed decision, it will go to court. Guardianship must be established with help from family and/or medical staff. If appointed a guardian, and that guardian decides it’s in your best interest to go to a nursing home, you can be forced to go.
If the doctor recommends a nursing home for you or a loved one, but you aren’t ready for that step, there are other options. Consider a home health aide to demonstrate to the doctor that you’re taking their recommendation seriously so guardianship is unnecessary. Contact Life & Health Care today to learn more about how we can ensure you or a loved one is able to remain safely at home for as long as possible.