Legal Question in Elder Law in Massachusetts

Re: Court order for drugs

Some guardians are good at managing elders' affairs, others aren't. If you think this individual is not tending to your father's needs in a manner that he would approve of, then there is a court proceeding that would allow you to argue to change guardians.

As for the antipsychotic medications, yes, these require court approval when there is a guardian involved.

Remember that in both the Rogers process (for the drugs) and the petition process (for the new guardian) your father has the right to an attorney. You have every right to secure a private attorney to represent him in these hearings as opposed to accepting whomever the court appoints to represent him.

I agree with the other responders that you should speak with an attorney yourself - but be aware that this attorney will represent you and not your dad. If you have someone in mind that you would like to be your father's attorney in the hearings, do not contact that person yourself, as they will then be conflicted out. Let your attorney recommend and contact someone to work for your father.

Bring to the meeting with the attorney any power of attorney and health care proxy you have, along with everything you received as part of the guardianship court process.

Good luck.

Re: Court order for drugs

Your first mistake was taking legal advice from a government agency - they are not allowed to give legal advice and are not accountable for giving BAD ADVICE.

Normally, the guardian would be a family member, if one was even needed. Now that elder services has installed a guardian of their choice, the family is not allowed a say unless the family goes into court to petition for a change in guardian. Be prepared, elder services and the guardian they chose will spend every last dollar of his estate and will likely sell the house. Putting your father in anti-psychotic drugs is usually consistent with declaring that he is not mentally competent to make his own decisions. A "Rogers" hearing may be appropriate if there is a voluntariness isue.

Re: Court order for drugs

Taking advice simply from elder services is not in your or father's best interest. I would suggest that you seek to have a member of the family appointed his guardian and seek a Roger's hearing.

In being appointed Guardian you would also act as conservator for his estate. You do not state whether your father has a living spouse or if a family member lives in his home who took care of him.

I suggest you contact an attorney ASAP.