Cape Coral, FL asked in Elder Law for New Jersey

Q: Is it legal in NJ for one sibling to prevent other siblings from visiting or getting health updates about their mother ?

Their mother has dementia and recently entered a nursing home. Went into the hospital for surgery and is now in a rehab center. They told her son they cannot give him any information on her condition. They were also told they cannot visit as per the other sibling. Their mother is my sister.

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: This type of setting is terribly sad and I am sorry that you and your family is going through this setting but I am also guessing that there is a long history underlying the hostilities being expressed by one group of siblings against their brother and I am also guessing that there is concern that if he is permitted to visit, the visit maybe disruptive to the mother or those sitting with her. My suggestion is that you reach out to the other siblings and accept their anger and afford them the opportunity to vent and then ask if there is a way to permit their brother to say his good byes with you present to ensure that there is no disruption and agree that when asked to leave, he complies. I have no idea what the mothers wishes were or what papers were or were not signed in advance of her hospitalization but I dont think that he wants to go to war with his siblings at this point in time.

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