Q: My Dad was put in a home by someone who is no relation and she signed papers so I have no rights. Can’t I just take him home with me? I am his only daughter (both at a biological & legal stand point) and he has supposedly been diagnosed with dementia. I have no criminal background, etc. There is no reason I shouldn’t be able to take my Dad home to be in my care.THE PAPERS SHE SIGNED WERE JUST FOR ADMITTING HIM UNDER THE FACULTY’S CARE. I BELIEVE. NO GUARDIANSHIP EXISTS.

A: Much more information is needed to answer this. For example, on what authority did the “someone” act upon in putting him in a “home”? Did he or she have a Power of Attorney from your dad? The only person who can sign him your dad out is your dad or the person who has legal authority over him. If suddenly taking him out of the home would be detrimental to his health, you may be opposed, unless you have the ability to continue the type of care that he needs. The facility may file for a guardianship. You would have to demonstrate that you are responsible and have an appropriate home. A home assessment would have to be done. If you walk into the nursing home demanding to leave with dad, they will likely call the Department of Aging. You may have to file for a guardianship. You should find a local elder law lawyer and have a talk.