How to take patient out of nursing home.?

Your brother has to have health care power of attorney to take her out. You should apply for Medicaid for her so she can stay at this nursing home. Otherwise, you have to sell her house or assets to pay for care which costs $5000 a month and up. You can legally leave against medical advice. You should be there to tell the nursing home who has power of attorney.

DCF would have received an abuse hotline regarding your brother's wife which lead to all of this. Her physical condition would have had to be very serious for the courts to assign an emergency guardian. The guardian process is assigned through the courts. The emergency guardian cannot remove themselves as a guardian unless the judge so ordered it. Only a judge can make the decision for guardianship. Just being a spouse doesn't make one a guardian. He would need to petition the courts to try to become her guardian. However, unless he can show that he can care for his wife 24/7 and that whatever reason(s) occurred to have her removed have been resolved, I don't see the judge agreeing to give him guardianship. If your brother decides to physically remove his wife from the nursing home, the nursing home has no other choice but to call law enforcement. He could potentially be arrested. And DCF would also be notified as well. In a regular situation....even if a guardian discharges their loved one against medical advice, if the physician and nursing home know the guardian cannot provide the care at home....they always make a hotline to have DCF type state departments do a home visit and see whether the person is able to get the care they need. All states in the U.S. have laws that if a mandated reporter (health care professionals, nursing home employees, clergy, etc.) has reasonable cause to believe an incapacitated person (physical or mental) or senior is being abused and neglected or financially exploitated...they must call the state agency that investigates these situations. If an individual is fully with it and alert/oriented they can admit and discharge themselves from the nursing home. Nursing homes are not "prisons". If the doctor doesn't feel the person is well enough to leave, the individual will just sign an "AMA" form. It is actually not common for guardians or health care representatives to remove residents who are incapacitated from the nursing home "AMA". It does happen, but not that often. I never saw this occur in the long-term care home I worked in because most family are not going to take their loved one home when they can't take care of them at home. That is usually the reason they placed them in the nursing home. Now of course, if someone is not happy with the nursing home they are in.....they can certaintly move to another nursing home. That is not "AMA". They are just discharging and transferring to another care center. In this situation, if the emergency guardian through the courts selected this nursing home....then if you are not happy with the nursing home, you may want to consider sharing these concerns with the DCF case worker. Best wishes.