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Davidcc1982 Asked May 2022

What is the process for moving a mentally and physically disabled person into a nursing home when they do not have a guardian to make that decision?

My sister has been living a facility for the mentally and physically disabled in Arkansas since 1989. She is her own guardian. She has reached the point where she is unable to be live on her own. Her current caregivers believe the time has come for her to move into a nursing home. How does this process work?

Beatty May 2022
What does your sister say (if anything) about moving?

"Her current caregivers believe the time has come for her to move into a nursing home".

Does your sister know this? Agree? Disagree? Understand?

Without legal Guardianship she will still be deemed legally able to decide her life choices & sign for herself.

Whether she can understand the issue, weigh decisions, & make informed decisions becomes the next question.

You know her well - what's your gut feeling on her capacity to do that?

AliBoBali May 2022
If they are mentally disabled, don't they have to have a guardian? Someone has guardianship, even if it's the state. You could contest that guardianship.

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AlvaDeer May 2022
You say that your Sister is mentally and physically disabled: could you tell us more about the mental and the physical disabilities that have kept her in care for three decades?
What kind of careis she is. You say she is living in a facility. What kind of facility is she living in. You say her current facility has suggest she move into a nursing home. Have they suggested why?
We need basically more information from you.

MargaretMcKen May 2022
I can’t see a reason to get guardianship for one’s own self, except to stop someone else applying for it. If so, there is a 30yearlong back story that might be relevant. Sister is ‘mentally and physically disabled’ and is already living in a facility, so she isn’t living on her own now. The problem is hard to understand.

David, OP, if you are concerned about being anonymous, start again without using your own name. There are several suggestions, but it’s pointless without more information. Yours, Margaret

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