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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16379
Experience:  15 years exp all aspects of general law
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May a wife legally sign medical papers to put husband in a

Customer Question

May a wife legally sign medical papers to put husband in a rehab institution?
Submitted: 2 years ago.
Category: Legal
Expert:  Zoey, JD replied 2 years ago.


38 states have some kind of a provision allowing for a family member to force an addict into rehab. If you tell me what US state is involved here, I will be able to look to see whether your state law is among them.

Customer: replied 2 years ago.
My husband has beginning of alzheimers and is in a rehab facility being paid for by Medicare,
and my Blue Cross . I want to remove him from the facility. Can I do this without being
sued by the rehab institution?
Expert:  Zoey, JD replied 2 years ago.

That's an entirely different question, and it's one about benefits which is out of my area of expertise. I'm going to opt out so and reopen this to other experts. You'll get an email when another lawyer answers. Please do not rate my services, as I was never able to provide you with an answer to your question.

Expert:  Legalease replied 2 years ago.

Hello there --


As the legal next of kin of your husband, you do have the legal right to sign paperwork to have your husband entered into a rehab facility AND you also have the right to give them a written statement that you want to remove him from the facility and take him home to care for him.


However, you CAN be "sued" by the facility (for lack of a better term) if the doctors at the facility feel strongly that he is so mentally incompetent from the alzheimers that he is a danger to himself or to other people in his present mental condition and if the hospital or other facility where he is living wants to stop you from removing him they would have to take the matter into family court for a competency hearing on him. In that hearing, the doctors and the facility would present their evidence that he is not competent to live in a regular housing situation with you and then you also have the chance to talk to the judge to let the judge know how you would handle his overall everyday care if he was released to your custody to live with you.


Most such hospitals or rehab facilities will NOT challenge a decision made by a close family member for a person to be removed from their facility to live in a regular home situation so long as there is someone who will be living with him. So, the odds are that they may try to talk you out of your decision but in the end, unless they want to press the matter into a family court proceeding to determine his competency and your ability to care for him on the outside, they will let you take him home to live with you.

Please let me know if you have any further follow up questions. If not, can you please press a positive rating in the ratings section above (at the top of this page) so I will be paid for my time assisting you today. Pressing a positive rating will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time today. THANK YOU VERY MUCH !!