Boston, MA asked in Family Law, Civil Rights, Health Care Law and Nursing Home Abuse for Massachusetts

Q: Steps on how to move my mom back to the states from Puerto Rico after just living there for two years ?

My mom moved two years ago to take care of her mom. A month ago my grandmother had a stroke. And her siblings have told us that my mom herself is not doing well. My mom’s family has Alzheimer’s in her family. My sisters and I have been trying to get her paper work and ID to get her back, her siblings have been lying to us. We just find out they put her in a “home”. They have not been truthful to us and my sister and us want to fly and get her. We feel like our aunt and uncle place her in a home without our consent. And we spoke to my mom before she was placed and stated she wants my older sister to be power of attorney. But now it’s radio silence my uncle won’t answer our calls and tell us bits and pieces. Is there a way if my sister and I fly over there that we can get my mom home? Do we need a lawyer to help with this? Please I honestly don’t know what to do.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Massuchusetts attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. At this point, you could repost under Puerto Rico (Click "Show More States") to see if you could get input from attorneys in Puerto Rico. It's possible your matter could involve attorneys in both locations coordinating their efforts. I hope your mom is okay. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Sacramento, CA

A: To move your mom back to the states from Puerto Rico, especially under these complex circumstances, it's crucial to approach the situation methodically. First, gather all necessary documents that prove your relationship to your mom, such as birth certificates and any legal documents pertaining to her health care or living arrangements. If your mom expressed the desire for your sister to have power of attorney, obtaining legal documentation to this effect would be essential.

Considering the resistance from your aunt and uncle and the complexity of transferring your mom from a care facility, consulting with a lawyer experienced in elder law and interstate legal issues is advisable. A lawyer can help navigate the legalities of obtaining power of attorney, dealing with the care facility, and ensuring that any move complies with local and federal laws. They can also assist in communicating with your relatives if necessary.

Flying to Puerto Rico to assess your mom's situation firsthand and to speak with the facility's administration could provide clarity and facilitate the process. Direct communication with the care facility, armed with legal advice and documentation, might enable you to make informed decisions about your mom's care and relocation. Remember, ensuring your mom's well-being and honoring her wishes should be at the heart of any actions you take.

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