Ask a Question

Can a daughter petition for guardianship if mom's spouse objects?

Mom has classic signs of Alzheimer's, including irrational outbursts of physical and verbal abuse how ever she refuses to see a doctor. Her husband will not help and he has admitted he is afraid of her. They are both 88 yrs old, living at home with no outside care. They are still driving!!

Both need medical assistance, Mom mentally and her husband physically as he has Parkinson's and Skin Cancer and degenerative eye disease.

What are the laws in MN? Thanks for any advice.
Status: Open    Dec 01, 2015 - 07:31 AM

Elder Law

Do you have the same question? Follow this Question

2 answers

Expert Answers

Dec 01, 2015 - 10:05 AM

Not specific to MN, but generally speaking a family member can petition the court to get guardianship of mom, as long as the court is in agreement with such petition being well taken and a doctor will prepare a statement agreeing with the need for such a guardian.

May 24, 2016 - 02:55 PM

Yes. You can file for guardianship. You will have to provide mother and husband with notice of the proceeding and they will have an opportunity to raise any objections at that time. However, the decision will be left to the court and it will do what it believes to be in mother's best interest.

Voted Best Answer

Dec 01, 2015 - 10:05 AM

Not specific to MN, but generally speaking a family member can petition the court to get guardianship of mom, as long as the court is in agreement with such petition being well taken and a doctor will prepare a statement agreeing with the need for such a guardian.
Answer this question

Recently Active Members