Dorchester, MA asked in Family Law and Elder Law for Massachusetts

Q: Have a question about my elderly mother

She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?

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

A: A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed you may lose your guardianship status by placing her in an unsafe environment.

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