Elder Law Answers
Does a Nursing Home Resident Have to Pay Taxes?
My father-in-law is in a nursing home in our small community. Of course he gets social security and a pension. He has had...
Read moreCan a Nursing Home Require Us to Obtain Guardianship of Our Mother?
- September 18th, 2020
Q
My mother recently went from the hospital to the nursing home for long-term care. She does not have a power of attorney, and we do not have guardianship over her. The nursing home wants one of her children to become her guardian because she won’t sign the admission papers. None of us wants that responsibility. I’m on both of her bank accounts and plan on paying her bills until the money runs out, but we don't want to go through the whole guardianship process. She didn't want any of us to have to make these decisions. My question is do we have to establish guardianship?
A
No, there is no requirement that anyone take on the role of guardian. However, with no one available to make decisions for your mother, the nursing home may decide it has to seek guardianship on its own, in which case the court would appoint an independent person with no previous connection to your mother.