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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116710
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother-in-law is 90 and on hospice my father-in-law is 92

Customer Question

My mother-in-law is 90 and on hospice my father-in-law is 92 and uses a walker to get around and is able with home health aids (35 hours per week to function and live independent).
He is currently in a hospital with pneumonia and cardiac failure (has had Cardiac failure for a few years) I expect that he will be released from the hospital in about 2 weeks.
Also expect that he will need physical rehab to get back to walking with the walker. When he was feeling very bad just before going into the hospital he was talking about going into an assited living facility. After a week in the hospital all he says is that he wants to go home. The condo that he is renting is currently on the market to be sold.
My wife and his two sons agree that he should go into some kind of facility. They have mediaid and no real assets
1) If he refuses to go in a facility can we force him to go.
2) Some of the facilities that we have called will only take him if we pay a large some of money for a few months and then they will switch to full mediaid.
3) How can we ask that they be placed in the same room so that it would be easier to get him to go.
4) Since he is under medicaid are they physical qualifications for admission into a facility
5) Is it easier to get him from the hospital into a long term facility that also does rehab or does it not matter?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

1) If he refuses to go, the only way to force him is your wife has to go to court and file a petition for guardianship and have him declared mentally incompetent and then she can forcibly put him into a facility.

2) Those facilities are likely saying that because they have limited medicaid beds and may not have any available. However, you can look for a facility that has an open medicaid bed, which admittedly are tough to find because so many patients need them.

3) Typically, these facilities try to keep married couples together, so you need to present that to the facility when you are seeking admission.

4) The qualifications for admission to the facility are no different for medicaid patients than they are for other patients. He will need to have his doctor saying he is not able to care for himself or be alone without 24/7 care and supervision.

5) It is easier to get him from hospital to long term care facility that does rehab if he is in need of rehab, because typically rehab takes precedence over the long term care.