Springfield, MA asked in Elder Law for Massachusetts

Q: Can my stepsister move her dad to her home in Florida and leave his wife of 30 years (my mom) alone and in Massachusett.

Stepdad recovering from mild stroke. My mom has Alzheimer’s. I have no resources to care for her. Stepsister wants her dad and cares nothing for my mom.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
Answered
  • Woburn, MA
  • Licensed in Massachusetts

A: Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed his wishes to return to Florida before he suffered the stroke and is free to make his own judgments ( is stepsister exerting undue influence?) If he does not have such a health care proxy and is not competent ,there may be an issue as to whether moving him is in his best interest and there could be elder services abuse or neglect complaint if you believe this to be so- you can contact the elder services office for their ( mother an stepfather's area) and finally there can be a Petition to the Probate Court for the county of their residence for Guardianship and if there are assets, Conservatorship also. Elder Services can also point you in the right direction for your mother's care either in or out of the home.

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