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?

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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 9 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.


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