Los Angeles, CA asked in Estate Planning for Tennessee

Q: How do I gain control of my Mother’s care when my stepdad is not providing adequate care?

My mother has Alzheimer’s and her husband, my step dad is her primary care giver. He won’t let anyone else in the house and it’s obvious she needs more than he can provide but he won’t relent. Is there a way to gain custody or at least control of health care decisions without her authorization? We are scared fir her wellbeing.

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1 Lawyer Answer
Robert D. Kreisman
Robert D. Kreisman

A: In most states the avenue to take is in the probate court where you would petition the court to appoint you as guardian of the estate and person of your mother. You would most likely be required to present a Physician's Report that would identify specifically the medical condition that would lead the court to conclude that in the best interest of your mother, she is in need of a guardian. I urge you to contact an Tennessee attorney who handles guardianships in your area to understand all of the requirements necessary for such an appointment.

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