Legal Question in Elder Law in Alabama

Rights of Senior citizens

I have a friend who is 78 years old and is from cuba. She has only one family member (son). He wants to put her away in a mental hospital. She owns property and other things in Brandon Florida. She wants to go back to Florida. Her son tried to have her comitted to bryce hospital but they released her saying she was okay. They released her into her sons custody but she is living with me. I need to know what I can do to help her and what she can do to protect herself from her son if she does move back to florida. Is there anyway he can sue me if I help her to get back to Florida via Driving her or taking her to the airport and something happens to her when she returns or on her way back to Florida. Please Help!!! She has no-one other than me.


Asked on 9/01/02, 1:51 pm

1 Answer from Attorneys
Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Rights of Senior citizens

She has the same rights as anyone else unless she has been adjudicated to be incompetent by a court of law or unless the son or someone else has managed to obtained guardianship over her or conservatorship over her property through Probate Court. Assuming none of the above has happened, then she has every right to go back to Florida. Assuming that she is mentally competent, she could execute a "power of attorney" making you the attorney-in-fact which would legally give you the authority to handle her affairs. If there is a question of abuse by the son, then you can contact the Department of Human Resources (DHR) in your area. There are laws against elder abuse. You should consult further with an attorney in your area.

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Answered on 9/02/02, 2:12 pm


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