Legal Question in Elder Law in Massachusetts

Re: Financial responsibility for mother as a guardian

If your mother is incompetent, someone needs to be authorized to make medical, financial and living situation decisions. The nursing home cannot, because it is a caretaker and might well have a conflict of interest.

If she has not executed a power of attorney or designated you to be her health care agent by a health care proxy, the nursing home legally (federal and state) cannot disclose any health information to you.

It sounds more like you don't want responsibility for your mother. You should be involved with her and her care, especially since nursing homes can treat residents as objects rather than human beings. That means they get left alone and ignored, unless they have family who cares enough to be involved in their care, and to do that legally, you have to be authorized, by being appointed her guardian or by the durable power of attorney and/or health care proxy. It is neither expensive nor difficult to obtain guardianship. I have done many of them in the 33 years I have practiced law in Massachusetts, and have taught the subject of guardianship law to health care professionals, lawyers and law students.

You do not become personally responsible for paying any of her bills by being her guardian. You will be responsible for making sure her assets, if any, are taken care of and that she is not cheated by the nursing home or service providers. That means paying attention to statements of benefits paid, not that you have to do a big investigation.

They cannot force you to become guardian, but they cannot legally let you be involved in her care unless you do. And her care will be much better if you are involved.