Legal Question in Elder Law in New Hampshire

Guardianship of an incapacitated parent.

I have a question regarding the limits to guardianship. My mother was declared incompetent, and my sister petitioned for guardianship. Which she received last month. The guardianship was not contested as we felt my sister would make decisions that would benefit my mother; however, that has not been the case. My mother has been residing with another sibling, since early March. My sister with guardianship has forced my mother to come to her house for the weekend. Telling my mother she would have the police forcibly remove her and bring her over, meanwhile arresting the sibling who is caring for her. She is leaving my mother alone at night with a 12 year old. Now that an assisted living facility can not be found, my sister (guardian) is planning on forcing my mother to move into her home. My mother is adamant this not happen due to the stress, and the fact that a spare bedroom is not available. Can my sister force her to live with her? Do the other 3 siblings have any recourse now?

During the guardianship hearing my mother had a court appointed lawyer, are they still her counsel?

Asked on 4/17/08, 11:10 am

1 Answer from Attorneys

Raymond Weicker Qua, Hall, Harvey & Walsh
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Re: Guardianship of an incapacitated parent.

Guardianship is not etched in stone, and you can petition the court to have another person appointed as Guardian (ie, have you sister removed). I recommend you retain counsel to represent you if you are seeking to terminate someone else's guardianship.

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4/17/08, 3:15 pm

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