Can the assisted living facility keep me from contacting my mother?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the assisted living facility keep me from contacting my mother?
My mother lives in another state. My elderly mother was a hoarder declared incapacitated and was removed from her home house condemned. A guardian was appointed for a period of 6 months, since I wasn’t sure what to do. She was placed in a memory care facility. We had been speaking/reconnecting and suddenly the facility contacts the guardian and asks me not to call they
Asked on September 26, 2016 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, your mother's legal guardian can deny you access or communications: the guardian has the same right your mother would have (if she were mentally competent) to refuse contact with you If you believe the guardian and/or the facility is not acting your mother's best interest (*not* your interest--they don't have to take any consideration of you), then you could bring a legal action in family court to have the guardian account for (justify) his or her actions, to maybe get a court order allowing contact, and possibly to have a different person (maybe you) appointed as guardian. Such an action is procedurally complex--much more so than, say, suing in small claims court for unpaid bill or fender bender. If you want to go that route, you are strongly advised to retain a family law or elder law attorney to help you. But again: while it may be possible to have the guardian's decision revoked and/or have a different guardian appointed, until and unless you do this, the guardian's decision stands; you have to challenge it in court if you want to contest it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.