Why Can’t I Take My Mother Home?!

In a recent situation with a Toronto Long Term Care Facility, the care facility refused to allow my client to take her mother home for visits and refused her wishes to bring her mother home permanently to care for her on her own.

My client was the most suitable out of her siblings to care for her ailing mother. In addition, my client had already been determined by a hospital to be her mother’s Substitute Decision Maker (“SDM”). Despite all that, the long term care facility refused to release my client’s mother from the facilities on the basis that all of my client’s siblings had to agree on the release.

What is frustrating with the Toronto Long Term Care Facility’s position is that it did not require all of my client’s siblings consent to have my client register her mother with the facility, and also it was my client who was paying for her mother’s stay at the facility.

Some of my client’s siblings did not reside in Canada and had made no prior commitments to taking care of their mother. I found this whole experience disturbing considering that the Toronto Long Term Care Facility even refused to allow my client to take her mother home with her to spend Christmas with her family due to the facility’s fear that her mother would not return to the facility.

If you intend to have your loved one placed in a long term care home, consider speaking to a lawyer before signing any contract to be sure you understand any conditions or terms of the long term care facility.
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Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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