Legal Question in Family Law in Georgia

my mother casn no longer take care of herself, and is presently in hospital, and will be released in a few days, we had it set up for her to go into a nursing home, but, today she says she is not going... she is basically in sound mind, but, cannot clean house, cook, or bathe herself, and we cannot afford to hire outside help for her, what can we legally do?


Asked on 3/06/13, 3:20 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Absent a court order, you can't force anything. See an elder care lawyer to determine if a guardianship/conservatorship might be an option. If granted by the court you would have the ability to make such decisions.

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Answered on 3/06/13, 5:04 pm
Tahira Piraino Tahira P. Piraino

You can file for an adult guardianship but would not do so without speaking with an elder law attorney. You may also want to speak with your mother's doctor to get his/her opinion about her cognitive ability. If she is truly "of sound mind" it will be difficult to take away her rights. You may want to consider assisted living rather than a nursing home if she has the finances. Assisted living allows more freedom than a nursing home and many elderly prefer it. Without a court order appointing you or another family member as the guardian of her person and property, there is little you can do. The elderly do not want their freedom taken away, even when it becomes necessary. The fact that she does not understand her inability to take care of herself may be an indication she is unable to make sound decisions. Again, speak with a professional.

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Answered on 3/07/13, 7:48 am


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