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Grandfather held in Nursing Home Against His Will

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Dr J-Pak

Junior Member
What is the name of your state? Kentucky

My question is about my father who is 84 years old and in early stage Alzheimer's. He also had a blood infection that I believe is the result of a botched attempt to correct an incontinence problem. He had a catheter until about a week ago but pulled it out and the ER Dr. decided it was best to leave it out. There is a lot of history leading up to the present situation, but for the sake of brevity let me just state that his wife committed him to an Alzheimer's facility and we have been fighting to get him out since.

She has power of attorney and is his medical surrogate. She has denied us access to any of his medical records. We have offerred to take him into our home and provide him with 24 hour care (paid, skilled care from a reputable service). She still refuses to allow him to leave (even though he still has all his faculties). He complains constantly that thereis no need for him to be in the home and I agree. At some point we realize that his care could become too much for us, but we would really like him to spend whatever time he has left with his children and grandchildren. Everytime we overcome an objection, she raises another (through her attorney). Right now she is saying that we will not be able to provide the necessary medical care he requires due to the increased likelyhood that his infection will worsen because his catheter was removed. (Even though the facility he is in is a nursing home, not an acute care facility. They farm out his medical needs, just as we would)

I have thought about what the real problem is here (I do not think we have heard it yet) and think that perhaps she is afraid that we will turn my father against her if we bring him to our home. (She adamantly will not allow him to return to his own). We have offered that she is welcome at our home anytime she wants - she only lives a few blocks away. We even offered that she could move in with us as well.

At this point, it begins to look like we will have to go to court and perhaps sue for guardianship. Does this sound like an idea that has any chance of suceeding? What can we do to obtain access to his medical history? Without it, we are totally impotent. What is the name of your state?
 
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BlondiePB

Senior Member
What can we do to obtain access to his medical history?
Without any legal authorization, you cannot access his medical history.

Remember Teri Shaivo (sp) and the battles between her husband & her parents? If you disagree with dad's wife medical decisions, see an Elder Law attorney.
 

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