Legal Question in Elder Law in Massachusetts

Re: My Grandfather

This is not very much information on which to make a legal analysis. There are laws and regulations to protect the elderly and the mentally ill from abuse, and preventing them from visiting with their family members is often the beginning of more serious abuse. Enforcement is initially up to the Elder Services office for the area he is living in, or the Department of Mental area office serving that area. If he tells them he is OK and doesn't want to see you, there's not much else you can do. You can take the matter to court, but if your grandfather is mentally ill or uncooperative, you will waste your money and time.

If the first time you decided you want visits with your grandfather was after he was in the hospital, you will not get a very good reception. If you visited frequently and your aunt (?) wants to cut you off now for her own reasons, you'll have a better likelihood of success.

If you do get a visit, you should bring an authorization form for him to sign (assuming he is competent to do so) allowing you to communicate with DMH or his mental health provider(s).

If he is not competent, and you are willing to serve as his legal guardian, you can petition for appointment as such, but you will need a doctor's certificate saying he is incompetent. You can call his doctor, if you know who it is, and without asking the doctor to tell you anything confidential. offer to be his guardian. The daughter may oppose you, especially if there is an issue of money or property that he has and someone wants.

Feel free to call or email for an appointment if you want to discuss this further.