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 4 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.


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