Q: My 90 yr. old Mom lives in Phoenix. I live in Colorado. Could I request to be her guardian and move her to Colorado?
She has dementia, but hasn't gone through the complete diagnosis process as she refuses to see the doctor. What rights do I have as her daughter to provide a safe environment for her even if it is against her will? How can I compel her to move to an appropriate residence since she is in denial? Are there any legal grounds which I can use since I have her best interest and safety at heart?
A: The answer to most of your questions is to get guardianship of your mom. You will then be able to get her appropriate placement, even against her will. You will need to show that she is incapacitated and unable to care for herself. This is usually done with a doctor's report. Once you have guardianship, you can then move her from Phoenix to Colorado. You will need to get court permission to do so, but it is usually freely granted. You will also need to start a guardianship in Colorado to maintain continuity of care.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.