Can loved ones move you to a nursing home against your wishes?

On Behalf of | Mar 20, 2020 | Elder Law And Medicaid Planning

Growing older often includes the development of certain medical issues and limited mobility that may curtail your ability to care for yourself. Arthritis and other aging illnesses may increase the risks of falls and broken bones that can lead to permanent disability. 

The challenges of aging may make certain daily tasks difficult, but if your loved ones want to place you in a nursing facility against your wishes, you have certain rights that may protect your individual freedom. 

Maintaining your independence  

The Centers for Disease Control and Prevention note that there are over 15,000 nursing facilities across the United States, with more than one million residents nationwide. You may consider these numbers disproportionate when it comes to receiving proper care and wish to remain at home instead. If your adult children or other family members believe you can no longer care for yourself because of mobility issues but your mind is sound, you could suggest other options, including: 

  • In-home health aides  
  • An assisted living facility  
  • Daily visits from a licensed healthcare worker to help with certain tasks  

Discussing these alternatives calmly and voicing your wishes may help your family understand exactly how much assistance you require. 

Guardianship and the role of your doctor 

Your adult children or grandchildren may petition a local court to appoint guardianship so they might make decisions on your behalf; however, they cannot do so unless your doctor deems you unable to make decisions on your own. If you are of sound mind and can prove this to the courts, your family must take your wishes into consideration. 

Your loved ones may only have your best interests in mind, but they cannot force you into a nursing home if you are capable of making wise choices on your own. 


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