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.

Related Topics:
1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • 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.

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.