Health Care Proxy has been invoked, patient is refusing to stay/reside in a nursing home.
What are the legal rights for the HCP and the member?
A healthcare proxy allows you to make decisions on someone else's behalf if a doctor determines that they are incapable of managing their own healthcare. However, this IS NOT a determination that someone is not allowed to make their own decisions about their care. If the wishes of the healthcare proxy and the patient conflict, the patient is allowed to override the healthcare proxy. The only way to remove someone's legal right to make their own decisions about their care is to petition a court to determine that someone is legally incompetent and to appoint a guardian. Absent actions by a court, the patient is allowed to continue to refuse treatment/admission and there is no way for you to force them to be admitted. You need to contact an elder law lawyer immediately to start proceedings for a guardian if you think the decision not to go/stay in a nursing home is harming the person. If the HCP tries to force care on the patient, this is either assault or kidnapping depending on what the care is.
Atty. David Owens