Rights of Spouse vs. Children from a Prior Marriage

My question involves a person located in the state of: New York.

Do children of an 80 year old have any legal rights over the rights of their father's 4th wife? It's complicated but he fell last Oct. and she placed him in a nursing home. He is still there. He has never seen his primary care physician and the people at the nursing home won't tell his daughter anything. His daughter visits often and says he is getting better every day and doesn't belong there. However, they have him in a lock down ward and his wife is content to just leave him there. We feel she just doesn't want to deal with him anymore. She is younger than his daughter (50's) which makes things weird. We just want to know if there is anything the children can do to get him out of this nursing home without the wife's permission. Do they have any legal rights at all?

Any info would be greatly appreciated and if more of the particulars are needed, I'd be glad to share. Thanks.

is the father mentally competent?

Yes he is. They're just afraid to bring up divorce as he wants to go home. She picks him up once a week and takes him home for the day but always brings him back at night. He doesn't need 24/7 care either.
I thought I'd try this and see if I could get any direction before contacting an attorney. We just don't know if, as his children, there is anything we can do without the wife's approval first.

if the man is mentally competent, I see no reason a court would grant anybody guardianship over him. There is no purpose. If he wants to go home, he can. Has he expressed a desire to leave the nursing home?

- - - Updated - - -

if the man is mentally competent, I see no reason a court would grant anybody guardianship over him. There is no purpose. If he wants to go home, he can. Has he expressed a desire to leave the nursing home?

Yes, he has wanted to leave for quite a while but it seems the wife has to check him out because she put him in there. You bring up a great point though. Thanks. I will have to check on that.

If he's mentally competent he can check himself out. Who told you his wife has to check him out, and why did they tell you this?

That's what I thought. Starting to think it may be some sort of nursing home scam, otherwise, why hasn't he even seen a doctor and been given a diagnosis other than what the nursing home says. He's 80. Could be that is why they are keeping him in a lock down ward. Problem is, we get no straight answers, from either the wife or the nursing home. His wife gets very defensive when asked anything but I do know she doesn't want him to move back home. But I still have the same question - do the children have any rights as to his welfare or is it all up to the wife, legally? Thanks.

Quote:

---

Quoting Linda88

---

That's what I thought. Starting to think it may be some sort of nursing home scam, otherwise, why hasn't he even seen a doctor and been given a diagnosis other than what the nursing home says. He's 80. Could be that is why they are keeping him in a lock down ward. Problem is, we get no straight answers, from either the wife or the nursing home. His wife gets very defensive when asked anything but I do know she doesn't want him to move back home. But I still have the same question - do the children have any rights as to his welfare or is it all up to the wife, legally? Thanks.

---

If he is competent then NOBODY, NOT HIS WIFE, NOT HIS CHILDREN, have any rights regarding his welfare. He is fully in control of his own welfare.

Therefore, when she picks him up for the day, he is perfectly free to refuse to go back.

Thank you so much. I appreciate the responses.

'Starting to think it may be some sort of nursing home scam, otherwise, why hasn't he even seen a doctor and been given a diagnosis other than what the nursing home says. He's 80. Could be that is why they are keeping him in a lock down ward. "

This is nonsense. If the wife signed him in this was because he was not deemed competent to sign himself in.

I suspect the OP is the daughter who, because she is not the "medical knowledge loop" is assuming much and misinformed even more. All nursing homes have physicians (typically contract physicians); it is unlikely this man will see his primary care physician.

Gail