My stepfather put my mother in a nursing home because he doesn't want the responsibility of taking care of her. Is there anyway her husband can stop her from moving in with me?

You do not give much information about the situation, but is she has not been declared incompetent she can live where she pleases. She can also file for divorce and is entitled to half of joint assets and possible alimony.

I don't know about her husband, but the facility that's currently taking in $3-8,000 a month for hanging on to him is likely to put up a fuss. When my mother-in-law was alive, we found it easiest to wait until she ended up in the emergency room and then prove to the ER staff to release her to us and that we could offer her the care she needed. Of course, she was in the ER because the care facility couldn't manage her pain. Take a look at your situation in that light. It might help. Good Luck. God Bless You.

If it is true that she is still legally competent to make decisions for herself, I don't know why you would need guardianship -- or that it would be possible.

If she can still make her own decisions, she can decide to stay in the nursing home, go rent an apartment, return to her former home, or move in with you. A nursing home isn't a prison. A husband isn't in control of a wife who is legally competent to make decisions.

Would it really be best for Mom to live with you? Does she have some difficult impairments? Does her husband sincerely feel that she needs professional care that would not be possible for one person to provide? You may be better qualified to take care of her than many sons or daughters would be, but there still is only one of you. Depending on the nature of her impairments that could be or become insufficient. Have you had a heart-to-heart with your stepfather to hear what his concerns are and why he wants her in the NH instead of with you? Have you talked with the staff at the nursing home?

Where do you live in relation to the nursing home? Would she still be in the general area if she moved in with you? Could her husband visit her as often as he visits at the nursing home?