DO ME AND MY BROTHER AND I HAVE TO AGREEAS TO WHETHER OR NOT TO PUT MY MOTHER INYO ANURSING HOME?

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DO ME AND MY BROTHER AND I HAVE TO AGREEAS TO WHETHER OR NOT TO PUT MY MOTHER INYO ANURSING HOME?

Asked on March 17, 2011 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It really depends on certain other circumstances.  Is one of you the guardian or conservator of your Mother?  In other words, if you or your brother went to court to declare your Mother incompetent and became the person that makes all the decisions because she does not have the mental capacity to care for herself any longer then the person who the court named as the guardian or conservator would be the one to make the decision.  If neither of you has done that then neither one has the say so over the other.  If, however, your Mother gave Power of Attorney or some other type of proxy to one of you before she became incapacitated then that could also take priority, depending on how the document is worded.  Good luck to you.


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