Legal Question in Elder Law in Florida

sick parent

My mother is very ill and lives in Florida

with her husband. I can only see her

when he decides when and where and

how. Do I have any rights or better

still does my mother?


Asked on 11/17/07, 3:07 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: sick parent

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

This is a tough question. Unless you can show that her husband is abusing her or not providing the proper care, as her primary caregiver, he can generally make the day to day decisions for her. If you disagree, and are willing to accept that responsibility, then you can petition the court for a guardianship and ask to be appointed the guardian for your mother. This is a costly procedure and entails a substantial expense. If appointed, you will then have the power to make the decisions for you mom.

Scott R. Jay, Esq.

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Answered on 11/18/07, 11:45 pm


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