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What rights are available to seniors?

My niece is furious with her mom and is trying to get her sent to a nursing home. My sister has had a below the knee amputation because of diabetes but other than the diabetes is in ok health. She and her daughter started having problems when my sister refused to give into my niece's demands for money. She is known to have a methamphetamine problem and doesn't care who she hurts as long as she gets her drugs.
Status: Open    Jan 02, 2016 - 11:49 PM

Elder Law, Relationships

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Jan 20, 2016 - 07:23 AM

To protect your sister you would need to be appointed her guardian and conservator. If she is competent you cannot be appointed. If she is competent she can appoint you as her power of attorney and agree for you to be payee of her Social Security. You would then be in control of her money. You could/should then open a bank account as her power of attorney but not allow her to be a signer. It would be her money but you would manage it.

She would have to qualify medically to be admitted to the nursing home. If she is competent and does not want to go the nursing home would not accept her as a patient/resident.

If the daughter has filed to be guardian or conservator you can file to have her removed if you have any evidence of her drug problem.

Either way you choose you should speak to a local elder law attorney.

Mar 16, 2016 - 03:50 PM

This is an unfortunate situation. Seniors have all the rights of every other adult individual, plus heightened protections in some instances due to society's recognition that they are often vulnerable members of society. Assuming your sister has not been deemed incapacitated (which, if her health is good other than her recent amputation, is likely the case), then she reserves all the normal rights to make decisions for herself, to the exclusion of other family members. Your niece will have no right to admit your sister to a nursing home if it is against your sister's will. If your sister feels that she is being harassed or taken advantage of by her daughter and she needs help, there are often hotlines seniors can call (check your state) for help. If the situation is very serious, she should call the police.
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