My 75 years old mom was released from Ridgeview Institute-Monroe. My sister that has her name listed on my mother's primary doctor files picked up my mother and brought her to my sister's house. My sister is married with three sons. She did not contact me and let me know that my mother was released. My mother's legal residency is at my mom's own house. I live with my mom. My sister will not talk with or to me or let me talk with my mother. Also, my sister does not have power of attorney or guardianship of my mom. I do not either. Also, my mom does not drive. I think my sister is trying to force my mom to give her Power of Attorney at my sister's house. She is a bad person to say the least. What can I do from a legal standpoint here?
Get mom to give you her Power of Attorney, or if she is not capable of doing so, you'll need to initiate a guardianship. This sounds like a race between you and your sister as to who might file a guardianship 1st. Best to get a consult with a local elder law attorney and explore options in more detail.
I'm not so sure your sister is terrible, but somebody's got to take care of your mother and will need legal authority to do so. If mom is not mentally competent, then it's the guardianship route through probate court. If mom is mentally competent, then a power of attorney may be the solution. However, since you and your sister are at loggerheads, it seems likely that you'll wind up in probate court sooner or later anyway...
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first.
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