How do I take back guardianship of my Dad from his nursing facility?

Guardianship is not something that is entered into lightly. It is granted by the probate court after review of the person's competence and needs assessment. If you have not had contact with you father for many years, you may be optimistic about your ability to care for him. Perhaps it would be good to spend more time with him to understand why he is in a NH and why someone was granted guardianship. You don't mention how old he is, only that he is depressed. If he is in a NH, could there be more to it than depression -- something I know can be very serious if it is resistant to treatment? Let us know a bit more about him.

I'm happy for you that you have managed to reestablish contact with your father, and that you hope to develop a new relationship with him. That's a great start.

As JessieBelle explains, though, guardianship is not something that one person simply passes on to another like a relay baton. You don't say why your aunt decided to relinquish guardianship, or how it came about that she was in touch with your father during years that you weren't; but there is the impression that you and your father would have a great deal of rebuilding to do before you could even be considered as a potential guardian for him.

Are you close enough to the NH to start visiting him regularly? Be careful not to run before you can walk, as the saying goes.

I'm not aware of it being possible for one person to give guardianship to another. Guardianship is legal responsibility and not the same as a Power of Attorney. It's up to the Court in the county where the Ward lives to award Guardianship based on the law in that jurisdiction. Many factors are considered.

If you haven't had contact with your dad for years, there may be a lot of information that you aren't aware of. A court may want to know the status of your involvement over that time period. I'd consult with an attorney to see what is involved.

Most people in a Nursing Home are there because they need constant supervision and skilled nursing care. Taking care of them into a private home a home setting is not very feasible for most people. I'd explore the details.

Ive already visited with him a few times, he isnt crazy, he doesnt take any medication. They have him in a facility with convicted criminals, he's not a criminal. He just wants freedom to enjoy his life. He's 70 years old. He escapes from facility and always goes to the beach (Miami Beach), that's where he likes to hang out. He doesnt drink alcohol or use any drugs. I live north of Miami in Melbourne Beach, he would love it up here. I dont know why my aunt gave up guardianship or why she even had it. Supposedly because he suffered from depression from a horrible accident from when he was a kid where his cousin died in the accident. He evidently was receiving some sort of SSI assistance & she was the payee. When he came down to florida from new york and she moved to kentucky, she just surrendered him over to nursing fcaility because she wasnt living in florida. I want to take him back from there, he is only a number to them, a monthly income, to me he's my Dad, although he stepped out of my life since I was young, I forgive him & want to rebuild, restore a fellowship with him. I need to know the legal process, what kind of attorney to get, what hoops i have to go through to get him under my wing. thanks!!!!!

Good luck with that, Patrick. Guardianship is not entered into lightly by the courts. Placing someone in a facility if they do not need it is a violation of civil rights, so not done lightly. You mentioned that he escaped the facility. Is he not free to come and go of his own accord? Some of the things you mentioned about your father put up more red flags. I would do more than visit a few times before causing major disruption in his and your lives.

It seems like there is much more to the story. You describe your dad as disappearing. Sometimes this is actually wandering behavior and quite dangerous for the senior. You may not be able to determine someone's competence by just talking to them a few times. It's much more involved than that, but, I'd start with getting legal advice.

Attorneys who handle Elder Law matters normally are involved with Guardianships. You should be able to get a copy of the court file to see exactly what happened.