Legal Question in Elder Law in Michigan

guardianship

My father is in a nursing home since 2-10-07. A lawyer for the nursing home has filed a petition for guardianship of him. I was not in my dads life for a few years but was contacted and I want to get him out of there and I am being told I cannot. What can I do? He will die in there if I don't get him out soon. He was just in there for rehab on a fracture shoulder and he has no major health issues. He does have some dimentia. The court date is 3/27/07. Why can he not stay with me until then. I have also filed a petition for guardianship. The nursing home will not even let me take him out for the day. Can you please help me?!?!


Asked on 2/27/07, 9:44 pm

1 Answer from Attorneys

Sanford Mall, JD, CELA Mall Malisow & Cooney, PC

Re: guardianship

We have helped in many cases with issues like the ones you raise. Since the nursing began the Guardianship process, your Petition opposing that outcome should be seriously considered by the Court. A lot depends on other facts that you did not provide. For example, has there already been a hearing and a Court appointment? Are there other interested family members? What county was the Petition filed in? What nursing home is he in? What is his mental state (even though he has dementia, is he able to express what he wants)? The answers to these questions will help with recommendations about what you should do next. I suggest you consider consulting with an attorney who has experience in handling these types of matters. Feel free to contact my office if you would like to discuss this further.

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Answered on 2/27/07, 11:26 pm


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