It is incredibly stressful to find out a loved one has been discharged from a hospital or facility when they clearly aren’t ready or safe to be alone. When a 79-year-old is unable to walk or feed himself, a safe discharge is legally and ethically required.
As a distant relative, you have several avenues to intervene, even if you aren’t the primary next-of-kin.
1. Contact the Hospital’s Risk Manager or Patient Advocate
If the discharge just happened, your first call should be to the hospital’s patient advocacy office or the social work department.
- File a Formal Grievance: State clearly that the patient was discharged to an “unsafe environment.”
- The Goal: Hospitals are often motivated to avoid readmission penalties or liability. By flagging that the discharge plan failed, you may prompt them to help facilitate a transfer to a skilled nursing facility (SNF) or arrange home health care immediately.
2. Report to Adult Protective Services (APS)
Since he cannot feed or move himself, this situation may be classified as self-neglect or neglect (if someone else was supposed to be caring for him).
- What APS does: APS is a state-mandated agency that investigates reports of abuse or neglect of seniors.
- How it helps: An APS caseworker can visit the home, assess his safety, and use their legal authority to fast-track emergency services, such as temporary placement in a care facility.
3. Contact the Long-Term Care Ombudsman
If your relative was discharged from a nursing home or rehab center (rather than a general hospital), contact your local ombudsman. These are advocates for residents’ rights and can investigate whether the facility followed proper discharge protocols, which usually require a written plan and notice.
4. Key Legal Tools for Distance Caregivers
If you plan to be the one managing his care from afar, you will eventually need legal authority to speak with doctors and banks.
Power of Attorney (POA)
- Health care POA: Allows you to make medical decisions
- Financial POA: Allows you to pay his bills and manage his assets to pay for care
- Note: He must be "of sound mind" to sign these. If he has advanced dementia, you may need to pursue guardianship or conservatorship through a court.
Medical Orders for Life-Sustaining Treatment (MOLST/POLST)
This is a medical document (not just a legal one) that travels with the patient. It ensures that if he is picked up by EMTs, they know exactly what level of intervention he wants.
|
Action Step |
Who to Call |
Why |
|---|---|---|
|
Immediate Safety |
911 (Emergency) |
If he is currently alone and at risk of falling or starving |
|
Investigate Neglect |
Adult Protective Services |
To get a state-mandated safety assessment |
|
Discharge Dispute |
Hospital Social Worker |
To demand a “Safe Discharge” plan |
|
Benefits Help |
Area Agency on Aging (AAA) |
To find local resources, Meals on Wheels, or Medicaid guidance |
How to Find Local Resources
Search for the “Area Agency on Aging” in his specific county. They are the gold standard for connecting distant relatives with local services like home health aides, transportation, and nutritional support.
