My sister wants to go to a nursing home because she doesn't feel her family can care for her at home. Her children are saying they will not send her to a nursing home because she transferred assets in the past five years and they don't want the state to come back on the estate and take those assets. Can they deny my sister the right to go to a nursing home? If no, but they try to block her, what can we do?
Me and my other brother are doing all the caregiving, while my younger brother who has the house is living his life, and vacationing . I'm just doing barminum, my older brother is also.
No mom is not getting the care she should be getting, and it sucks, but this is the situation mom and young brother created.
People really need to be more careful of this, it stinks!!! But there is nothing you or your sister can do, at this point, that I know of.
You describe your sister as a "patient". Where, currently is she a patient?
Does she live in her own home, or currently with these children that you say do not want her to move into care?.
What is her illness? Or is she currently a patient in a hospital or rehab?
Is your sister competent and without dementia?
Did your sister willingly transfer these assets as gifts?
Were these assets monetary as in MONEY? If so, how MUCH money did she gift her faimily and when did she do so?
Does your sister have other assets that can fund her care?
All of these are very important questions.
If you sister is well, and able, and competent then she has a right to an Elder Law Attorney to visit her in her home, or for her to visit him in office. And of course any person who is competent in their own right cannot be held PRISONER by the family simply because she gifted them money. HOWEVER, she will not gualify for government help in payment of her care if she has gifted others money in the lookback years (5 years all state other than California which is 2 1/2 years).
Your nieces and nephews should keep their mothers best interests in mind instead of their inheritances!!