Karina Hayday is a legal content intern with Illinois Legal Aid Online.

It is difficult to place a parent or family member in a nursing home. However, they may have care needs that you are not qualified to provide on your own. This article will help you learn how to get a family member into a nursing home. This applies if the person is a parent, family member, or spouse. 

No one can be forced into a nursing home. They must consent to be moved to an assisted facility. The only way to make arrangements for someone to move into a nursing home is to obtain legal guardianship. A spouse is also unable to make care decisions against their spouse’s will. There are two options you can pursue in order to legally arrange for a safe living environment.

Option #1: using a power of attorney 

If they have a power of attorney (POA) set up, you may have some rights to move them to a care home. It allows your family member to name a person to make healthcare decisions if they are unable to do so. The POA applies to both end-of-life treatment and other types of medical care. 

If your family member can make decisions for themselves, they can create the POA. You become an agent and your family member is the principal. However, they cannot create the POA after an injury or illness. They must be mentally competent to create a power of attorney. Learn more about setting up a POA. 

To set up a POA for healthcare your family member would need to:

1. Fill out the Power of Attorney for Health Care form,
2. Print the form and sign it in front of a witness, and
3. Give a copy to their doctor, their health care providers, and the agent. 

Note: Adults have the right to make their own medical decisions. In some instances, even a power of attorney cannot force a person into a nursing home unless the person is deemed unable to make those medical decisions. 

They may also have set up a living will. A living will gives explicit health care instructions and preferences for medical treatment. A living will only becomes valid if your family member is unable to communicate their wishes. Unlike a living will, the POA grants you authority to act on your family member's behalf. 

Effective January 1, 2024, electronic signatures are permitted in documents which create, exercise, release, or revoke a power of attorney or living will. A notary or witness must be "electronically present" to electronically sign. Electronic presence could be over a video service like Zoom.

Option #2: set up a guardianship 

If your family member is no longer competent, you must petition the court to appoint you as a guardian. A guardian can make financial and medical decisions that include long-term care. 

To get guardianship, you must go to court to have the person declared incompetent. You must show that they are unable to care for themselves. In order to get guardianship of an adult, you will need to:

1. Gather information including a doctor’s report that specifies guardianship is needed, 
2. Fill out guardianship forms,
3. File the forms,
4. Tell the other parties about your petition, such as other adult relatives, and
5. Go to the hearing with all of your forms. 

To determine if you are qualified the court will consider: 

• Your criminal background, 
• Credit history, and 
• Potential conflicts of interest. 

Courts often give preference to the spouse, adult children, or other family members. 

Find out more about the necessary forms and how to file them. This process can be confusing, you may be eligible for legal help. You can search for a lawyer to represent you at Illinois Lawyer Finder or talk to a lawyer at Get Legal Help. 

Plan ahead

The more research and planning you do, the more positive the outcome you will have with your family member. Planning ahead of time will allow you to be prepared for an emergency. You will need to decide between an assisted living facility and nursing home care. 

An assisted living facility allows people to live semi-independently. They will only receive limited help with daily activities. Assisted living is typically better for people who need a limited amount of personal care assistance. It is also better for those who are more open to the idea of getting help. 

A nursing home is for residents who cannot live independently. They receive extensive care and continuous monitoring. 

A nursing home is more suitable for those who need daily medical care or who are unable to walk on their own. Read more about what to consider when choosing a nursing home. Learning more about various facilities will help you explain the options to your family member. 

Assisted living or nursing home care is expensive. However, you may be able to get help with Medicaid. You can view a list of local nursing homes online along with ratings and comparisons.