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she was hospitalized for a period of time and since has then been transferred to a rehabilitation facility. She is capable of living at home with assistance but her son refuses to give access to the home.

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He may be able to say its an unsafe discharge but don't think he can legally stay in her home if she does jot want him there. If she ends up on Medicaid, he would not be allowed to stay there without paying rent unless he can prove he was her Caregiver for two years at least living with her thecwhole time.

As said, he cannot keep her from returning home. Has he been in the house more than 30 days? If so she needs to evict him. She also needs to find out how she can get access back into her home. She needs to be discharged that she can care for herself. If its said she needs 24/7 care, proof of that needs to be shown for her to be released to home.
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Reply to JoAnn29
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Who is the POA here?
If it is the son he can refuse to care for her in the home because he doesn't feel capable of doing so, and he can have her placed in care, remaining in her home to care for it.

What position LEGALLY do you hold here?
What position LEGALLY does son hold.
Really the important questions if Aunt is no longer physically/mentally capable of making decisions or caring for self. Son may feel he is not, as well.
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Reply to AlvaDeer
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Is it possible that she should actually be in a nursing home and he’s claiming releasing her home is an unsafe discharge? If she needs help, who will provide that help if he is unwilling? It sounds like she cannot live independently?
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Reply to ShirleyDot
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If the house title is in her name, it's her house.

He's not letting her into her own home? Call the cops. Is he mentally ill?

If the cops come and tell you it's a civil matter, make sure they stay long enough for her to be let back into the home and the son hands over the keys. If he threatens her (or anyone with her), she needs to call the cops back to the house.

If his mail is going to her house, it's his legal residence and if he's not breaking any other laws, then she needs to evict him, which requires going to the government center to pay for and file the eviction form. Then it has to be posted for 30 days to give him time to get out. If he refuses to get out after the 30 days, then call the cops to escort him off the property. Post a No Trespassing sign. Get a restraining order, and most importantly, change all the locks immediately.
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Reply to Geaton777
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