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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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my mother has been in the same nursing home (due to a stoke)

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my mother has been in the same nursing home (due to a stoke) for 8 years. the last 2-3 years she has been on Medicaid. we were informed they want to move her to a more secure facility since she attempted to wheel herself out of the home. my brother, who is geographically nearest the home has been requested to attent a conference to discuss this.
we have not had many communication of her doing this behavior. she is well liked and we have been told is liked by the nursing home and not an issue. what are her rights?

Hi, my name is XXXXX XXXXX I will do my best to help,


Please number your answers to correspond with the question, Thank you,


1. Who at the nursing home made the suggestion to move her to another facility ?


2. How do they label a facility "more secure" ? Do they restrain the patient ?


3. If the stroke did not affect her speech, can your mother speak and refute the allegation that she tried to wheel herself out of the nursing home ?


Thank you,




Customer: replied 3 years ago.

1. the administrator contacted by brother to advise him of this meeting and the subject matter.

2. no idea on 'more secure'. my brother asked if they could transfer her to the Alzheimer unit in the same facility if needed. they informed him there was not a Medicaid bed available.

3. she has limited ability to communicate. she is mentally alert buy the speech is a challenge.

Thank you for your reply,


I do not believe that the suggestion was based on what would be in the best interests of your mother because the botXXXXX XXXXXne for these decisions is based on money and how to make a nursing home more profitable. They simply want the bed to be occupied by an individual who has private insurance rather than by an individual whose cost is being paid by Medicaid. I would be very leery of any such suggestion that is being made for your mother.


Your mother is entitled to respect and dignity and moving her to another facility just to make the present nursing home more profitable is not giving your mother the respect she deserves. If you can, have your brother postpone the meeting so that he can get in touch with your mother's Medicaid caseworker so that he can determine if the caseworker is for or against this decision. Then, find out which nursing homes they are considering transferring your mother to. Your brother should also try to communicate with your mother as best he can to see how much of the nursing home story about trying to wheel herself out is true.


You can get a Court Order prohibiting the nursing home from transferring your mother to another nursing home if you find that (1) None of their story is true about your mother trying to wheel herself out of the nursing home, or (2) Your mother will be adversely affected by moving her to another nursing home. The botXXXXX XXXXXne is that the nursing home administrator is usually not a doctor and not qualified what is best for a patient, so you have every right to challenge any decision they make if it is not in the best interests of your mother.


I wish you the best of luck,


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