Legal Question in Elder Law in Massachusetts

Guardianship over elder

My father is in his late 70's, and has been displaying progressively worse signs of dimentia. His Dr's office called me to discuss, and set up some ''in-home'' visits by local elder council to determine living conditions. My father has taken this as a personal attack by me to ''take over'' his life and estate. I have now been removed as Medical POA, and a shady relative has taken the opportunity to ''side'' against me with my father. The relative has now been named medical POA, my father yells and hangs up when I call and I wasn't even the one that set the visits up!

I found out when I called his Dr. that He's instructed his Dr to no longer talk to me. Then the Dr tells me I should get an attorney which seemed a strange thing to say. Is there anything I can do about this situation? I dont' want my dad to be taken advantage of, and he's threatening to change his will to completely cut me out, anything I can do?


Asked on 4/14/08, 7:24 pm

3 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: Guardianship over elder

I've been dealing with guardianship issues for 13 years, so I hope it makes you feel a little better when I tell you that your father's paranoia isn't all that unusual for a person with advancing dementia. There are many reasons for the reaction, including changes in brain structure and chemistry and fear stemming from the very real loss of control. I really hope that no matter who you hire to help you, you will call the Massachusetts Alzheimer's Assocation in Watertown and take advantage of all the great programs they have to offer to family members.

As for the legal issue: the doctor is correct-- you DO need your own lawyer. Until your father has been determined to be incompetent by a court, the doctor has to respect his wishes and the direction of the health care agent concerning the release of information. You will need to go to court to get guardianship if you do not think that the relative is trustworthy. You may want to call the local protective services agency to alert them of the issues as well.

Please feel free to call me if you would like to discuss this matter further.

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Answered on 4/14/08, 7:49 pm

Re: Guardianship over elder

Your doctor is correct. You do need to get your own attorney. It is not uncommon for persons suffering from dimentia to become paranoid. You should contact an attorney and seek guardianship of your father. Even if you cannot be appointed as guardian, you need to make sure someone who is trustworthy takes control of the situation.

Please feel free to contact me to discuss the matter without obligation.

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Answered on 4/14/08, 8:20 pm

Re: Guardianship over elder

Your doctor is correct. You do need to get your own attorney. It is not uncommon for persons suffering from dimentia to become paranoid. You should contact an attorney and seek guardianship of your father. Even if you cannot be appointed as guardian, you need to make sure someone who is trustworthy takes control of the situation.

Please feel free to contact me to discuss the matter without obligation.

Read more
Answered on 4/14/08, 8:20 pm


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