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Anon2020 Asked August 2020

Family member being held against will. Are they allowed to do this?

Can someone help me understand what is going on? My significant others grandmother is in a nursing home... I hear everything second hand so I don't know all the details around everything but she originally only went there for physical therapy then Covid hit and she's been locked in her room since. From what I understand both her and majority of her family want her back home but apparently the nursing home is not letting her leave. Are they allowed to do this? I've heard they have been trying to get information out of her to collect her social security to pay for her stay which she refuses to give and they threaten to kick her out but that hasn't happened and they won't let her just leave. Her daughter that she lived with before is in charge of handling all of that and her money but is not trustworthy and didn't want her around anymore anyways. Is there something her daughter could be doing to keep her in the nursing home that she's not telling anyone else about?

JoAnn29 Aug 2020
Does the facility feel this is permanent? Has Medicaid been applied for and received. If so, your family member is required to hand over her SS and/or pension to offset her care. If it was determined she needs 24/7 care, the NH is not allowed to release her if they feel its an unsafe discharge. The family will need to prove that 24/7 care has been set up, either family caring for her or aides have been hired. That the place she will be living in is handicapped excessible. If this has not been done, then by law the NH cannot release her.

againx100 Aug 2020
We don't know if she is competent. And where would she go as it appears her previous living arrangements were not working out? Her daughter probably told the facility that she is not taking her back home.

She needs to pay for her stay there. It's normal for a person's social security money to be used to pay for their nursing home fees.

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FloridaDD Aug 2020
I agree with PP, that you do not have all the information.  I might read into that the daughter she lived with cannot handle her and while the rest of the family (who might never have lifted a finger to help) think that grandma should move back into with the daughter who did all the work.  As to the nursing home not getting her social security,  I suspect the NH will find a way to get it, if grandma on Medicaid

AlvaDeer Aug 2020
As you say, you really don't have any real information on this, and of course with hippa and privacy laws you won't be getting any information. The information will be going through either a POA or the next of kin.
Short answer of course is that no, Nursing Homes do not hold seniors who are competent and able against their will. So whatever is happening it may indeed be a GOOD thing that Grandmother is in care while it gets ironed out by Social Workers, authorities, and whomever else.
As to the family, one can wonder, but is unlikely to ever know what is going on with all of this unless a POA or next of kin is willing or able to share.
Best just to be a support to your significant other as regards what is going on Grandmother. Grandmother is in safe care. You will likely know more in the future.

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