Answer

Thanks for your question. Hard to know why the judge decided what they did. If you desire to re litigate this matter I am sure that that is possible. you woudl remotion the court to modify the previous order.

Part of this may be funding. I 'm not sure if the VA is involved if they are paying and if that is a prerequisite. New Mexico is a notoriously poor(read cheap) state and if they could get the VA to pay for care that may have been a factor here.

This is Elder Law here. Elder law deals with guardianships and long term care, etc. they would be able motion the court here to ask for modification in the matter. Maybe if you are able to testify either in person or by phone it might make a big difference here the next time around. It is a sad situation.

I do Elder Law. One thing I would tell you is that statistics show that he won't last long in long term care. People just don't last more than a couple of years on average. It isn't the care necessarily but once they qualify medically they have issues that ultimately lead to their demise. They really have to require licensed nursing care.

I understand how this must bother you. but I can tell you that he is worse off than you know. they rate everybody who applies here. They are evaluated by medical staff and he qualified.

That means he needs more care than maybe you realized here. Believe me they won't admit him to a nursing home unless he qualifies medically and needs to be there. So consider that in all of this. I specialize in medical necessity/long term care so I know this to be a fact.

If you have information that you want his lawyer to know and understand about his wants and desires please write to him and make it known. But also have some balance here becasue his medical was apparently worse than you knew and there may have been other medical factors or limitations about where they could place him that overrode here. I'm just saying that try to gather more information and keep an open mind about how they ultimately had to make a decision.

The VA here may have prevailed again because of funding here. If they are paying for care that may have been a major factor. But to obtain an Elder Law Lawyer here if you disagree with the decision in the matter as it can be modified. I wish you good luck here....

 

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