If about 5 years ago my brother got guardianship of my mother, do I have any rights?

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If about 5 years ago my brother got guardianship of my mother, do I have any rights?

I am a retired senior citizen who has been taking care of my mother for the past 5 years; I have been living in her house taking care of her. She was admitted to the hospital about a week ago and now is at nursing home for rehabilitation; she has Alzheimer’s.

Asked on January 6, 2014 under Estate Planning, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Conservatorship or a guardianship is a legal concept in the United States of America, where a guardian and protector is appointed by a judge to manage the financial affairs and/or daily life of another due to physical or mental limitations, or old age. The conservator may be only of the "estate" (meaning financial affairs), but may be also of the "person," when he/she takes charge of overseeing the daily activities, such as health care or living arrangements of the Conservatee.

If your brother is not acting as the guardian of your mother and she needs help, then you as her child have the right to assist her. I suggest that you consult with an attorney in your locality experienced in elder law. One can be found on attorneypages.com.


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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