Can a nursing home force a resident to stay?

Follow
Share

She signed herself in voluntarily, but now wants to go back home. Her daughter wants to bring her home, but the nursing home doctor won't sign a release form.

Find Care & Housing
5

Answers

Show:
Even if the rehab is not complete you cannot be forced to stay. Family needs to ask DON or the doctor why he feels woman needs to stay there. If they don't get an answer they can call the state Ombudsmam to investigate.
Helpful Answer (2)
Reply to JoAnn29
Report

chamberlainch, by chance is this person in a Rehab nursing home? And she had checked herself out before the Rehab was completed?
Helpful Answer (0)
Reply to freqflyer
Report

A resident of a nursing home is a resident and not a prisoner. She is free to leave at any time. If she insists on doing so, the NH will ask her to sign a waiver acknowledging that she is discharging herself against medical advice. That means that should any harm come to her as a result, they will have no liability and no responsibility for her welfare.

All the same - there is nothing stopping her. But if your opinion is being asked, you ought to point out that the NH's doctor may have extremely good reasons for his refusal to discharge her, and it is a foolish person who doesn't find out the reasons and consider them carefully. Do you happen to know what the reasons might be?
Helpful Answer (2)
Reply to Countrymouse
Report

No As long as she would not hold the facility responsible if something bad should happen then she should be free to leave.
Helpful Answer (0)
Reply to shad250
Report

I can’t imagine a nursing home holding someone hostage without a good reason. Are you related to these people? Do you have any more details? Does the NH feel she would be going home to an unsafe situation? Is Adult Protective Services involved?

Maybe with more information?
Helpful Answer (2)
Reply to Ahmijoy
Report

Related
Questions