Waterbury, CT asked in Family Law, Health Care Law and Public Benefits for Puerto Rico

Q: my grandmother is elderly she's in a wheel chair barely moves do to her conditions and weight.my grandfather was her

caretaker. He just passed now my uncle has her but is not taking care of her properly. What can I do? I am located in CT and she is located in PR

1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • San Juan, PR
  • Licensed in Puerto Rico

A: As part of the process to legally incapacitate an elderly citizen who can no longer care for him/herself, the Puerto Rico Civil Code requires that the candidate guardian reside in Puerto Rico. During the court process, any and all close relatives who can be considered for the guardianship must appear before the court, to either express their willingness to assume custody of the elderly or declare their agreement for another to become guardian.

In the alternative, you could coordinate with local kin to have your grandparents flown to Connecticut; assuming that your grandparents are not living in an assisted-care home. This, however, would require medical certification attesting that your grandparents can survive the trip. You should also consider that they may not be accustomed to New England temperatures, particularly during fall and winter.

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