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    JCSVAZQUEZ's Avatar
    JCSVAZQUEZ Posts: 1, Reputation: 1
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    #1

    Dec 1, 2014, 12:17 PM
    My sister get court injunction to keep father in nursing home
    I have poa financial and medical and my father had been discharged from nursing home and before he got to leave she had a court injunction served on the nursing home does he have rights when he is of sound mind just can not speak
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 1, 2014, 12:35 PM
    Was their a hearing for the injunction? There should have been and you should have appeared as his POA with his doctor to tell the court that he no longer needs the home. If you were not informed of the hearing then you should go back to the court that issued it and ask that it be vacated. However, your sister must have given some evidence to the court as to why he should not have been discharged. You, he and his doctors need to convince the court that you sister's reasons are invalid.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Dec 1, 2014, 03:45 PM
    You had the POA, you should have been his voice, but is he really able to live outside the nursing home; does he need constant care? This is what you need to know.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 1, 2014, 04:40 PM
    You sister must have presented evidence to the court, to have this happen, who was served with legal notice of the hearing?

    And of course, an injunction of what, if he is physically able, if he gets up, gets dressed and walks out the door, who is going to stop him ?

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