Legal Question in Elder Law in Massachusetts

Aging Parent with dementia
I have a 92 year old mother and 87 year old dad and the live alone and refuse to move. My father has dementia and still drives and gets lost. This is just one of the problems he has. They won't move, refuse to let their children help them. Is there legal action we can take before they hurt themselves or someone else?

Asked on 8/03/06, 4:18 pm

2 Answers from Attorneys

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Re: Aging Parent with dementia

You can file a Petition for Guardianship and Conservatorship for both your parents. It will require medical testimony and is an expensive proposition. If you take this action regardless of winning or losing you probably will irreparably harm your relationship with your parents.

However, if he does suffer from dimentia, then at the very least you should get his driver's license revoked. You will need his doctor's cooperation to do that.

Do you or anyone else have a Durable Power of Attorney for either or both of them? If so, if you get sufficient medical confirmation, you could seek to take over his car insurance etc. terminate the insurance and sell his car. But if he challenges your authority, you will have to go for a guardianship and conservatorship over your father and probably your mother.

Please feel free to contact me if you have more questions.

Answered on 8/04/06, 10:30 am

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