Home Forums Hunting & Shooting Hunter's Campfire Can they keep you in a nursing home/physical rehab if your home isn’t ADA compliant?

It's not a jail. Fed law prevents restraint.

It is not kidnapping if the patient wheels himself out the door of his own volition.

I would not even stop at the desk nor sign any papers. Just escape!

Though I would very promptly find an alternate care provider to protect myself in court in case the nursing home attempts to declare incompetence.

😃🤙💀

NY State is way off the rails. I just saw this last night.

I laughed out loud at this comment and its simple truth. Leaving AMA is typically an option as long as the patient is competent. If not, then other considerations will apply. Ask the facility social worker by what authority can they hold him against his will. Get this in writing if possible and run it by a lawyer. Typically a competent person is free to decide for himself, even it the decision is deemed unwise. Meanwhile, get some folks together and get his ramp made. Maybe a local church or foundation would help.

Went through it with my FIL. Hospital said he was incapable of taking care of himself. He said fűck you, I'm leaving. Hospital filed to obtain a court order, FIL was told to sign papers giving my wife POA over his medical decisions. He reluctantly signed the papers, was transferred to a long term care facility. He died the day before he was due in court.

That's what 3 days without a smoke does.......
She told me "bitches wouldn't even wheel me out to have a cigarette, I'm 87 years old, what am I gonna do, die?"

One morning I woke up with paralyzed legs. The fire department sent a truck and ambulance to cart me off to the ER. They found I had sepsis from an infection caused by malpractice of another physician and proceeded to treat me. After awhile they proclaimed that I had to be moved to a Medicare rehabilitation hospital, and tried brow beating my wife into sending me to a facility that was under investigation for harming senior patients, to the point that the patients were calling 911 to escape their clutches. She refused and then the "social workers" tried to threaten her with astronomical charges if I remained. We had to accept the first facility or be charged with unreimbursed expenses to the tune of $100k or more. Long story short, I finally was transferred to a rehab facility 90 miles away. My wife turned over many rocks to get to the bottom of the "social worker's" scam and found an organization, California Advocacy for Nursing Home Reform (CANHR), that handled such matters, they explained the actual laws. Then she called a contractor that came in and modified our home bathing facilities, toilet and entry ways with railings. After three months in physical therapy, I was able to walk with a walker, and passed all the cognitive tests, and was released home. After the first facility we refused was found guilty of elder abuse and fined $20 Million and placed under a court appointed master, we found our Medicare PPO insurer paid all expenses we incurred while waiting for a rehab hospital space. We also qualified for home physical therapy and nursing visits under Medicare. Main thing is to become informed, and never give up. During my long recovery I became legally blind from cataracts, and only in December was my sight restored to 20/20 by a fantastic surgeon who worked tirelessly in my behalf. So if a legally blind handicapped patient can be released home then the prospects are good.

Anyone that wants to keep a loved one of mine or myself against their will better have their affairs in order because I am not a subject that they can detain against my will.

Start violating the rules and/or become a "problem" patient and they will want to throw you out to avoid dealing with the hassles.

It is a good idea for a trusted person to have a general power of attorney for the patient including health care and a preference of guardian in case of guardianship proceedings.

Start recording them with your phone. Don't even try to hide it. Make them state for the record what they are telling you when they think it's private. Repeat what they are saying and confirm their statements. Ask to see the policy and laws. Take a photo of the documents and the employee. Their tune will change significantly.

Grandpa was wheelchair bound for the last 3sh years of his life.

No ADA ramp, door just wide enough for his chair. Pain in the ass getting him out and up/down the 2 steps on the porch but we did it.

24/7 in home care.

I love this!

This is rather funny coming from a guy that lives in a state where going off on a health care worker could land him in a 3-5 day involuntary psych evaluation as a danger to himself or others.

well done

One the papaw side, three uncles kept a rotation of taking care of great grandma here on the farm. Home health nurse visit once a week and she passed in her own home.

My own mother was different. Psych situation and uncontrolled diabetic. Had to do skilled nursing.

this!

If a patient is mentally competent to make decisions and they want to leave, they can leave any healthcare facility whenever they want to. Accepting medical care is optional. The only exception I’m aware of is involuntary psychiatric care when a person has been deemed a danger to self or others. And that requires a lot of paperwork and appearing before a judge at some point. Sounds like this guy has good insurance and the home wants to keep milking the cash cow.

Thank you very much for the advice all.

His wife ain’t a shrinking violet, just the opposite 🙂

They just have never faced this situation before is all.

BTW, thanks to input here I got on Google. In NY State Power of Attorney only covers financial decisions, for medical concerns you need a separate Advance Healthcare Directive.

https://jiahkimlaw.com/estate-planning/eight-things-to-ensure-new-york-power-of-attorney-works/

I have no idea how this works in other states.

Damn, I ain’t gonna live forever, something to look into for myself I guess.

No, they cannot do that and insurance is not going to pay for an extended stay. They want you out. The place will always suggest you make the home compliant, but that is all they can do.

After seeing how hard it was on my mother and my aunt I am not sure I want my daughter to have to deal with it.

I don't want to be a burden on her at all.

Maybe I can just die off early in my sleep one night.

One of my Wednesday night 2 hour sit ins between nurses. Always took the Yorker to see him. Yep, that's a console TV under the table cloth with the flat screen on it.

After my wife had knee surgery they put her in a Rehab place.They said she had to remain there two weeks. She hated the place. She had her cell phone and called me in the middle of the night to come and get her. When I arrived ,they would not let me in the lobby. So I pushed my way in and took a wheel chair and went and got her. I was told they would all the Sheriff. I said good,he is my cousin. That was the end of that.