Can An Elderly Person Be Forced Into A Care Home?

As we age, our bodies begin to slow down. This means that we become less mobile and require assistance from others.

If you or someone you love requires nursing care, then you might want to consider relocation to a care home.

Can An Elderly Person Be Forced Into A Care Home?

Care homes provide a range of services to older adults who need daily support. They offer accommodation, meals, activities, social interaction, medical treatment, and personal care.

Care homes are often seen as a last resort option for those who cannot live independently anymore. However, they can also be a good choice for some individuals.

The decision to move someone into a care home should be taken carefully, after considering their individual circumstances.

This post will explain all the things you will need to know about whether or not an elderly person can be forced into a care home.

There are a lot of points to consider and that is why we are going to break it down further so you can understand the steps that must be taken.

The following questions will help you decide if moving an elderly person into a care home is the right thing to do:

1. Are they able to make decisions about their own life?

2. Do they have any health problems?

3. How much do they rely on other people?

4. Is there anyone else in your family who could take over this role?

5. What does your doctor think?

6. Does your loved one have enough money to pay for care?

7. Can you afford to move them into a care home?

8. Will it be possible to find another place to stay?

9. Would your loved one prefer to remain living at home?

10. Who would look after them if you were not around?

So Can Elderly People Be Forced Into A Care Home?

Usually, a caregiver can’t force their loved one into a care home, but sometimes, measures can be taken to permit a caregiver to do so in order to get their elderly loved one into a safe environment.

This can be done by filing for conservatorship and guardianship. 

When someone is declared mentally incompetent, the court appoints a guardian who makes decisions on behalf of the person. In some cases, this may include making financial decisions and whether they live in a care home.

Conservatorship Vs Guardianship

A guardianship conservatorship is the same thing in several states and is used interchangeably.

However, certain states may use the phrases interchangeably. The fundamental distinction between a guardianship and a conservatorship in these situations is the obligations.

A guardianship covers almost all of an older person’s responsibilities, whereas a conservatorship only addresses financial matters.

Guardianship Is Important

Guardianship of an elderly parent can be legally granted by the court. It grants the right to care for someone who is unable to care for themselves.

A guardian is responsible for the well being and safety of the senior and must make sure that the senior lives in a safe environment. 

Larry Abrams, administrator at Workmen’s Circle Multi Care Center, says that if guardianship isn’t obtained and family members convince an older person to move into a senior living community, then there is no guarantee that he or she will stay there.

Residents should be informed about leaving facilities before signing admission papers.

Caregivers may want to consider moving their loved ones out of nursing homes if they are capable of doing so.

Is It Possible To Compel An Elderly Person To Enter A Nursing Home?

Can An Elderly Person Be Forced Into A Care Home?

No one can be legally “put” into a skilled nursing facility unless it can be proven that now the person has been unable to care for themselves safely, because they require continuous nursing care, and home care is not a realistic option.

Many seniors will accept that the best thing for everyone involved is for them to move into a care home of their own volition, but don’t count on this happening.

People will hold onto their home, privacy, and independence fiercely, even if it leads to an unhealthy and unsustainable lifestyle.

Is It Possible To Push An Old Person With Dementia Into A Care Facility?

During a participant’s yearly wellness visits, Medicare is required to cover a cognitive impairment screening.

This includes Alzheimer’s disease testing because it is the most common cause of dementia.

Even if your elderly loved one’s family doctor or specialist has diagnosed him or her with dementia or Alzheimer’s disease, they still have the legal right to make decisions if they can show that they have the intellect to understand and make sensible choices for themselves.

As long as a person with dementia has legal ability, he or she retains the right to make his or her own decisions.

Until the person with dementia loses legal ability, a power of attorney does not provide the agent the authority to override the principal’s decisions.

A person in the early stages of the condition is usually able to comprehend the meaning and significance of a legal document, indicating that he or she has the legal capacity (the ability to comprehend the consequences of one’s actions) to execute it (to carry out by signing it).

Of course, depending on their stage of disease and how cooperative (or not) they are, this may all get quite complicated.

This is where providing care can become really challenging.

As soon as you or an elderly loved one is diagnosed with dementia, Alzheimer’s, or any other ailment that will ultimately impair cognitive capacity, you should contact a law attorney who specializes in the area.

Moving into a nursing home or other sort of care facility is a tough and emotional decision for both the senior and the family caregiver (s).

A support worker or any other professional (e.g., an elder law attorney) can assist you in making the best decision for all parties involved.

Also, keep in mind that many nursing homes offer assistance to their elderly residents and their families during the transitional phase as well as facilitate ongoing caregiving by the family.


This post should now have answered your question as to whether or not an elderly person can be forced into a care home.

We have covered all aspects that could contribute to being forced or not.

You can now confidently know what to do with an elderly member of your family or pass this information on to someone who needs it.

Eddie Lamb