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Sorry, but not enough information here. It would be illegal for a nursing home to release a patient they know to be a danger to self or others.
How exactly did this happen?
And the answer to whether you are responsible for your father or not is that no, you are not responsible. However, you are morally (in my humble opinion) required to let APS know that the nursing home has released a senior incompetent in caring for himself and that you are no involved in his care, nor do you intend to be.
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Reply to AlvaDeer
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Wish you had come here before he was discharged.

When you were told that he was 24/7 care you could have refused to take him home because no one was there to care for him. It would have been an unsafe discharge. You could have then tell them that because you work, you cannot care for him. He also does not have enough kiney for long-term aides in the home. So, their option was to transfer him to Long-term care. In my area, both are in the same building. He uses what money he has for care and before it runs out, you apply for Medicaid. Which is what you need to do now. Make an appt at Social Services to talk to a medicaid caseworker. Have Dads financials and other legal info tgat maybe needed. Find out what the income cap is and asset cap. I spent my Mom down within the 90 days Medicaid allows in my State. She paid May and June privately and Medicaid started July 1st.
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Reply to JoAnn29
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There’s a lesson in this – don’t get pushed! “The social worker at the nursing home said he must have 24/7 supervision, we agreed because he was being sent home”. If you had said ‘no we can’t provide 24/7 supervision’, he wouldn’t have been sent home and some other arrangements would have been made. You may need to stress that he has become much worse and that’s why it hasn’t worked out, not that you ‘lied’. Social workers have a lot to answer for when they work for hospitals or other places that want someone out the door.
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Reply to MargaretMcKen
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Thank you for elaborating, it makes perfect sense now. This sort of thing happens all too often. What you need to do now is go to your local Agency on Aging and ask for help, also, contact the state Medicaid office and see how the application is coming and tell the caseworker there your father needs a NH now. If you do that and you still don't get any help in the time you need, the final option is to call 911, tell the ambulance he fell, have him transported to the hospital, but this time, YOU DO NOT TAKE HIM HOME. You tell them it is unsafe, and you don't have the resources or ability to safely take care of him. The hospital will find a NH for him.
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Reply to mstrbill
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It often depends on who is in charge.

Dad? Is Dad signing his own discharge papers? Able to talk his way out to go home? Able to call a taxi home? Independant?

Or has family signed him out & driven him home? If so, the duty of care lies with family.

I'd be less worried about legal stuff - I'd be looking for safety solutions. What to add. eg
+ Welfare calls morning & night.
+ Falls alarm.

Can Dad use a telephone correctly? To answer? To call 911? Press a falls alarm?

If yes, this may extend his home stay.. maybe.

If not, add daily welfare checks in person. If he survives his next fall he'll be back on the ER-rehab-nursing home ride. Next time consider blocking the home exit.
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Reply to Beatty
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Anxietynacy Jul 29, 2024
You could also put indoor cameras up , so you can check on him, while your not there.

Safety precaution will also help you if someone does question you leaving him alone.

It's not unusual that he is having cognitive decline after a fall and hospital stay.
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Did you tell the nursing home that you could not provide 24/7 care at home ? Because they can’t discharge if it’s an unsafe discharge.
Or did they make you feel that you had to take him home ?
No you aren’t violating any law .
Perhaps call your County Area of Aging for help . They will send a social worker to the home for a needs assessment and help you navigate this . Maybe there would be some help available to come to the home or the social worker can help with placement .

More information would be helpful , to garner help here .
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Reply to waytomisery
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You do not give any information.
Why was your father in a Nursing Home? Was it a long term stay or was it Rehab?
If it was a long term stay why did you take him home?
If it was rehab.. why was he released and why did you agree to take him home if you could not provide the care he requires. If you can not provide the care he needs you could have said to release him would be "an unsafe discharge" and they would have worked with you to determine a way to find a facility that would be able to meet his care needs.
If you can not provide proper care IF something happens then who ever is responsible for him MIGHT "in trouble". Unless it is a case of gross negligence I doubt anyone would be prosecuted.
But the goal is to make sure dad is safe and cared for.
If you can not accomplish that at home then you do need to search a way to make sure that he is safely cared for.
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Reply to Grandma1954
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Ok from what you describe, it appears you may need better situational awareness of the system of elder care in our country (or lack thereof) and how to use information and resources to your advantage to be your father’s advocate and protector over his care and well being. That is, if that is a role you are willing to take.

The US healthcare system will chew up an uninformed consumer and spit them out - especially when it comes to senior care. I certainly don’t claim to have all the answers either, but in the past four years I have gained a real education taking care of two 90+ parents. Whether you have an actual legal obligation to arrange for his care is for a legal expert in your state to answer. You certainly have an ethical obligation if he resides with you. If he resides in his own home, without anyone to assist him, someone should have objected to this release before it happened.

First, start educating yourselves. Research relevant topics on this website and elsewhere. Go to the Medicare and Medicaid websites. Many of your questions will be answered and, of equal importance, you will also learn about mistakes and pitfalls. You already made a mistake taking him back in your home (if that is where he is) as opposed to telling the facility he was being released from that you could not meet his care needs and could not take him back into your home. If he has limited finances and you are both working, how is this going to work? If you are not able to meet his medical, physical, financial and cognitive needs, then it is unsafe for a facility to foist his care on you. If he was released to his home without an adequate care plan then it was a mistake to let them do that. They have a duty to ensure he is released to a safe home environment or to find a facility that is suitable for his release. Read, everything you can - search internet articles, talk to people who have been there and get yourself educated about the situation. If he returns to a hospital remember the unsafe discharge provision.

Secondly, but a priority, is to find an experienced estate attorney to make sure you have your legal ducks in a row to manage the situation. Preferably one who has Medicaid expertise. Who has medical and financial POA? Does he have a will and advance medical directive? Are there other family members who might help - or interfere? Facilities and medical personnel will not respond to people who can’t show a legal right to speak for the patient. That is the law and it makes sense.

The reason I say educate yourself and then hire an attorney is that I hate it when people don’t do any of their own homework and just hire an “expert” to do everything for them without having any skin in the game or understanding of what the game is. The more you know the easier it is for an attorney to assess your needs, guide you and speed up the process of finding suitable care. That doesn’t mean you should wait to find an attorney- just educate yourselves at the same time. Good luck.
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Reply to jemfleming
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I very much doubt it. A NH has no ability to make decisions that are legally binding. This one may just be an attempt to make you keep him in the NH. However, if F is injured and it becomes obvious that he was not receiving adequate care, the NH’s comment might be part of what is looked at. Even so, the chances are that you may have no legal obligation to care for him at all, around the clock or otherwise.
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Reply to MargaretMcKen
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No discharge plan meeting? They would not discharge (they're supposed to not, anyway), unless this was taken care of, or they could get in trouble with the state and possibly federal .
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Reply to cover9339
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