What are y mother’s rights if for the last few years she has been the sole caregiver to my grandfather who is now suffering from dementia?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are y mother’s rights if for the last few years she has been the sole caregiver to my grandfather who is now suffering from dementia?
He appointed her Power of Attorney. She was going through the paper work and and realized they signed the unlimited power of attorney form instead of the durable power of attorney. From our understanding, now that he is Incapacitated that power no longer exists. Her brother wants to come down and close up the house and put my grandfather in a nursing home. Does she have any legal rights to prevent this from happening?
Asked on May 17, 2013 under Estate Planning, Florida
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 10 years ago | Contributor
I'm sorry to hear about your mother's situation. In addition to asking what rights and powers your mother has, ask what would give her brother the power to "close up the house and put [your] grandfather in a nursing home."
Did your grandfather also sign a health care proxy? That document would give a person power to make health care decisions for him (like whether he would get care from a nursing home).
Your mother may have to go to probate court and petition to be named as your father's guardian.
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.