Can someone be forced to stay in a rest home or assisted living facility against their will?
1 attorney answer
Q: Can someone be forced to stay in a rest home or assisted living facility against their will?
A: The short answer is "Yes". The longer answer is that the individual's rights to due process must be observed.
On the facts you have stated, it seems unlikely that the court would find sufficient grounds to deprive your special someone of her freedom. On the other hand, once you get into the realm of mental health it frequently becomes a battle of experts, as well as the judge's impressions. It is not unusual to see even spouses deprived of contact.
Consult with local counsel.
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.