Who Has the Right to Put Someone in a Nursing Home?

Understanding Legal Authority, Consent, and the Role of Family in Senior Care Decisions

One of the most difficult and emotional decisions a family can face is whether to move a loved one into a nursing home or care facility. But beyond the emotional weight lies a practical question: Who has the right to put someone in a nursing home?

Whether it's due to declining health, cognitive issues, or safety concerns, the decision to place someone in a care setting often involves both legal and ethical considerations. In this guide, we’ll help you understand who has the authority to make that decision, what role the individual’s consent plays, and how to navigate the process with compassion and respect.

Can Someone Be Placed in a Nursing Home Without Their Consent?

In most cases, adults cannot be forced into a nursing home against their will—unless they are mentally or physically unable to make decisions for themselves. If the individual is competent, they must consent to the move.

However, if a person is unable to make decisions due to dementia, severe illness, or cognitive decline, someone else may be legally authorized to act on their behalf.

Who Legally Has the Right to Admit Someone Into a Nursing Home?

Here’s a breakdown of the roles and who may have the authority:

1. The Individual (If Mentally Competent)

If the senior is of sound mind, they are the only person who can legally choose to enter a nursing home or care facility.

2. Medical Power of Attorney (POA)

If the senior has designated someone as their Medical or Healthcare Power of Attorney, that person has the legal right to make decisions regarding their care, including admission to a nursing home—but only if the senior is deemed incapable of making those decisions themselves.

3. Court-Appointed Guardian

If no Power of Attorney exists and the senior is no longer mentally capable of making decisions, a court can appoint a legal guardian or conservator to make decisions on their behalf.

This is typically a family member but may also be a professional guardian in some cases.

4. Family (Without Legal Authority)

Family members do not have automatic legal authority to place a loved one in a facility unless they’ve been named as POA or guardian. However, they often play a central role in initiating care evaluations and helping the senior understand their needs.

5. Physician or Hospital Discharge Planner

In emergency or post-hospital situations, a physician or discharge planner may recommend placement in a skilled nursing facility. But again, the patient or their legal representative must consent.

What Happens If a Loved One Refuses to Go?

If a senior is mentally competent and refuses care—even when it's clearly needed—their decision must generally be respected, even if family members disagree. This can be extremely challenging, especially when safety is a concern.

Options in this situation may include:

• In-home care as a compromise

• Family mediation or counseling

• Health evaluations to assess decision-making capacity

• Petitioning the court for guardianship (as a last resort)

How Grand Home Senior Living Supports Families During This Process

At Grand Home Senior Living, we understand that deciding on long-term care is rarely easy—and navigating the legal and emotional complexities can be overwhelming.

We offer:

• Free family consultations

• Guidance on Power of Attorney, guardianship, and consent

• Help with senior evaluations and care recommendations

• A warm, respectful environment where dignity always comes first

We believe the best decisions happen when families and residents feel heard, informed, and supported.

FAQs About Who Can Admit Someone to a Nursing Home

1. Can I put my parent in a nursing home without their permission?
   Not unless you have Power of Attorney or legal guardianship—and even then, only if they are deemed mentally incapable of making their own decisions.

2. What if my loved one has dementia?
   If their dementia limits their ability to make safe decisions, a designated POA or guardian may have the right to place them in a care facility.

3. Does Medicare or insurance require certain people to authorize admission?
   Facilities typically require the senior or a legally authorized representative (like a POA or guardian) to sign admission paperwork.

4. Can a hospital force someone into a nursing home?
   Hospitals can recommend it and may delay discharge until safe care is arranged, but they cannot force admission without consent.

5. How do I get legal authority to make decisions for a loved one?
   If no POA exists, you may need to petition the court for guardianship. This requires medical documentation and a legal process.

Key Takeaways

• Only mentally competent adults can choose to enter a nursing home voluntarily.

• A Medical Power of Attorney or legal guardian can make decisions if the senior is unable to do so.

• Family members don’t automatically have the legal right to admit someone—they need proper documentation.

• Grand Home Senior Living helps families navigate care decisions with compassion, respect, and expert guidance.