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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118642
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mom was transferred from one nursing home to another

Customer Question

My mom was transferred from one nursing home to another without notifying me. She passes away at the new nursing home. They notified me of her death via text message asking for mortuary info. After calling several mortuaries I called them back with info only to find out they had a mortuary of their choice remove her. Can they do that?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The nursing home she was moved to are calling me daily staying I have to sign admission papers.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months 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.
You should refuse to sign any admission papers. If you were the power of attorney, they should not have done anything without notice to you. Also, unless your mother made her choice of mortuary previously, the home is supposed to contact next of kin or power of attorney to determine mortuary. At this point, you could have grounds to sue the home for negligence in failure to provide notice and infliction of emotional distress for their conduct and also for sending her to a mortuary you did not choose.
Tell the nursing home to cease and desist harassing you as you never were notified of the move and never approved it and as such you refuse to sign anything. Send them that notice in writing.
I would seek a local attorney and consider suing the nursing home for their conduct.
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