If my brother has my dad in hospice in my dad’s house and wont allow me and my children in to visit my father, what can I do?

UPDATED: Sep 30, 2022

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If my brother has my dad in hospice in my dad’s house and wont allow me and my children in to visit my father, what can I do?

He has moved in to take care of him.

Asked on January 31, 2017 under Estate Planning, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your father is mentally competent, you can't do anything (unless you feel your brother is abusing, basically "holding hostage" or confining [not letting your father have visitors *when he--your father--asks for them*, or not passing along messages, etc.], or stealing from your father, in which case you can report the situation to the authorities: e.g. to adult protective services and the police; but you have to believe he is committing a crime to do this). A competent adult can decide who to see and not see, however, so if your father is letting your brother make decisons for him and is willing to not see you or your children, that is his right. You an only intervene if your father is being deprived of his liberty, property, rights, etc. (e.g. again, essentially criminal acts) or if he is not competent (see below).
If you feel your father is not mentally competent at present, such as due to his medical condition or medication, then he can't decide what to do and who to see and needs a legal guardian; you can file a lawsuit in family court on an "emergent" basis (think "urgent" or "emergency" basis) to get into court more quickly and have a legal guardian appointed. (You can request that the guardian be you; the court does not have to honor that request, but will consider the evidence of who would be best for the role.) The guardian will then decide access to your father, based on his best interests.

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.

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