Legal Question in Family Law in Florida

Not wanting my mom to be put in a home

My father wants to put my Mom back in a home ,they did not listen when she told them her leg was hurting. Long story short her leg and foot had blood clots and was put in ICU as her leg and foot turned black and was at risk of having her foot removed.

My father is not able to take care of Mom and I want to care for her in my home. He said he is sending her back to the home because she can not get around on her own and she is not able to use the bathroom. I am scared that she is going to give up, she has been thur so much. My one sister is saying that I am not qualified to take care of our mother. I feel that the home is out for the money and they are looking at the clock to go home. I have love for my Mom and will have a nurse or Rehab tech or whom ever she needs. I also love my father and I know he thinks he is right. My mom has been forgetting where she is or how to do little things. What rights do I have as a daughter wanting to care for my Mom. My other brothers & sister think its a great idea and that our Mom would get better quicker, then going back to the home for a second chance to put her in harms way! I think my Mom should have a say in her care.


Asked on 1/01/08, 8:51 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Not wanting my mom to be put in a home

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.

Your mom certainly has the right to say that she does not want to be placed in a home if you are willing to assume the responsibility of taking care of her. If dad disagrees and insists on placing her in a home, then you may have to go to court and file to be the guardian of her. Dad can oppose you and it can be costly. You should consult a qualified attorney to review the facts and who can then advise you of your options.

Scott R. Jay, Esq.

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Answered on 1/01/08, 11:18 pm


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