Matters to Consider When Putting an Ill Spouse in a Nursing Home

Families are often conflicted as to when to put an ill spouse in a nursing home when the person is in the care of the community spouse.

Although it is important that an individual live in the "least restrictive" environment, there is a point in time when nursing home admission is required.

If the individual becomes a burden to the community spouse, consideration of nursing home placement should be made. Otherwise, if the ill spouse becomes injured when nursing home placement was appropriate, there could be liability of the community spouse or the child who holds the power of attorney.

In one of my prior blogs, I pointed out that on occasion a lawyer must think as a psychologist, not to determine whether the individual should remain at home, but as least be sensitive to the fact that a geriatric care manager should be retained and make an assessment so that the ill person is in the environment most appropriate.

We are all faced with a community spouse who refuses to send the spouse into a nursing home out of guilt. At that point I think it is the attorney's obligation to recommend a geriatric care manager to make an assessment.

Also, the attorney should point out the function of Adult Protection Services. This organization and the public guardian have the obligation to make sure that an individual is not in an improper environment or abused.

So I think the main consideration as to whether an individual goes into a nursing home, does not depend as much on the individual as it does on the effect on the community spouse.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.

© July 2012, Post 205