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My father had only 3 more days to complete his rehab, but my brother went against the rest of the family's wishes and agreed to let my father sign himself out of rehab and took him home. My brother has been living under my father's roof and main objective to doing this was so he wouldn't be placed permanently in a nursing home because then he'd have no home himself. My brother is not stable and the family fears for my father's well being. The rehab center was well aware of the concerns family had about having father going back home to live with his son. The rehab center said father was of sound mind to make the decision to sign himself out. My brother is somewhat dangerous and family does not want to have to go to the house, but now worried about how well the father will be cared for now. Is my brother solely responsible now?

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I don't know about legally, but morally I would think Dad's whole family has some responsibility toward him, as you did before this stupid action decided by Dad and endorsed by Brother.

Of course, there are all kinds of family dynamics and histories. Maybe none of you feel responsible for Dad -- and maybe that is justified. I'm just suggesting that one dumb act by Dad should not change your entire relationship with him.

Dad is apparently competent to make his own decisions. If that is true and his doctor confirms it, you are not going to be able to get guardianship.

You are afraid of your unstable brother. That sure is a sad situation! My heart goes out to you. Are you afraid that he might mistreat Dad? That if you go there to visit Dad there will be a dangerous confrontation? What is your worry, exactly? Is Brother under medical care? What is the nature of his instability? Were you worried about him living with Dad before Dad's rehab stay? Does he have a history of violent behavior?

Did you want Dad to go to a care center after rehab? You know that if Dad is in his right mind he would have to agree to that, and he could insist on going home at the end of the rehab as well as he could 3 days early.

As long as he is deemed competent (in the legal sense) and no one is his guardian, he gets to decide where he lives and who lives with him. However you decide to interact with him now, keep that fact in mind.

Can you and sibs be in contact with Dad by phone daily?

Tell us more about your situation, what you fear, what you think would be best. We care. Someone may have a suggestion or two. At least know that you are not alone!
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If any loved one sign's themselves out of rehab depending on the state, you will be responsible to a certain extent. Lets take N.Y for example-
1. Does the loved one live with you or by themselves?
If by themselves, and they fall and wind up back in a hospital Yes, you are responsible. Adult protective services gets involved from the recommendation of the hospital and believe me they come quick if they are not already on staff through the Director of Nursing at the hospital. However, they will give you ample time to secure the care with in the home or make other arrangements. If by chance you do not abide by the ruling or stipulation of the APS, your love one will become award of the state. That's just one example.
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Get Guardianship.. ASAP.
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If any patient leaves a hospital or rehab before it is time for them to leave, their health insurance might get into jeopardy.... thus the insurance could deny any future care for whatever was the medical condition. Hope this doesn't happen to your Dad, but if it does, you will know why.
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If your dad is competent enough to make his own decision to sign out of the rehab it doesn't sound like he needs anyone to be responsible for him. Having said that, if he needs some assistance on a daily basis then I would say yes, your brother is responsible since he signed him out of the rehab and since he lives with your dad.

But this doesn't mean that other family members can't pitch in and help. If your family is upset with your brother for signing out your dad, don't let that stand in the way of being in your dad's life. Don't let it be like, "Oh, brother signed him out, dad's his problem now!" Your brother may have his own selfish motives for signing out your dad but the other siblings are still a part of dad's life too regardless of what your brother does.
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