Legal Question in Elder Law in Massachusetts

hi,

my aunt is trying to put my grandmother in a nursing home for she doesnt have to deal with her.she has no guardianship rights, she has charged her lawyer to my grandmothers estate. which is not right. my grandmother got papers in the mail stating what my aunt is trying to do. she has been after my grandmothers money for years. she doesnt need to be in a home. my aunt is doing this to get ahold of her money. what can we do to stop this? can we put a restaining order against my aunt? the court appointed my grandmother a lawyer but we dont beleive that we want that someone please help


Asked on 5/13/10, 8:51 pm

2 Answers from Attorneys

She as a child can seek guardianship over your grandmother. The court has appointed a Guardian at Litem to represent her interests, but your grandmother is entitled to her own attorney and I strongly suggest you get one for her immediately.

I am assuming your grandmother is mentally able to handle her own affairs and needs only some help with physical issues due to frailty. If your grandmother does not want to be in a nursing home or have her life controlled by a Guardian, then she needs to take action now. However, there needs to be someone in MA to address to her needs and condition. You can ask that an independent party be appointed as Conservator of her estate as well.

Does your Aunt have a Durable Power of Attorney from your grandmother?

If so, she should revoke it and execute a new one appointing someone else..

Moreover, if the court deems she shoud have a guardian, then I would suggest your grandmther seek to have someone whom she trusts more than your Aunt to act for her. If your Aunt is appointed you can seek that she make accountings to the court for any money spent by her for your grandmother.

Please feel free to contact me if you have more questions.

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Answered on 5/19/10, 7:17 am
Denise Leydon Harvey Harvey Law Offices

You and your grandmother should speak with the court-appointed attorney and tell him/her your side of the story. I agree with the previous answer that you should get an attorney involved to protect your grandmother's interests and rights. You should do this as soon as possible, as these matters usually have a fairly short notice period before the court will act.

Please let me know if I can help. Good luck -

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Answered on 5/19/10, 12:07 pm


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