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Can I Transfer My Father to Another Nursing Home Using a Power of Attorney?

  • August 28th, 2014
Can a nursing home refuse to allow my family to transfer my father to another facility if I have power of attorney? We were told because my sister placed him there I could not have him transferred until she approved it.

Yes and no. Generally a power of attorney provides you with the power to control your father's finances and enter into contracts for him, but does not give you the power to decide where he lives, unless it specifically grants such power. Your sister also should not have this power unless your father granted it to her through a power of attorney or health care directive. Absent a guardianship appointment, your father has the right to make his own decisions in this regard. If he is not competent to do so, you may need to seek guardianship.

Local Elder Law Attorneys in Ashburn, VA

John Laster

Law Offices of John L. Laster
Falls Church, VA

William Fralin

The Estate Planning & Elder Law Firm PC
Bethesda, MD

Mindy Felinton

Felinton Elder Law & Estate Planning Centers
Rockville, MD

Last Modified: 08/28/2014

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