Legal Question in Elder Law in Massachusetts

My mother (92 years old) is bed ridden and is married to a very controlling man. He was suppose to have 24 hour nursing car for her when she was released from a care facility and slowly he had decreased her care. She goes for hours in excess of 6 without a nurse to change her diapers and in some cases, days. He has been reported 3 times but my mother always sticks up for him. He has fired over 30 nurses in approx a year and a half. He feels that my brother and I are trying to take her away from him and has her so confused that she may not want to see us any more. All the the nurses that work there have told us that she needs to be in a faclity and are concerned about the way he is preventing us from seeing her, talking to her, and her physical and mental well being. We do not know what to do. He is going to fire the 3 nurses that can corroborate this imformation and then we will be totally cut off. We fear for her well being. She has sores on her back from sitting in diapers for hours on end. He even controls her medication and goes against Dr's advice. He walks with a cane and is not capable of lifting or caring for her. He refuses to get her a life alert and if he falls, she does not have access to a phone. He answers the phone and will not even let us talk to her if he does not want us to. He is cutting her off from everyone who cares about her and depriving her of the proper care. He has her scared to speak up because he controlls her, her money, and she lives ion HIS house. He is her lifeline.Is there anything we can do? PLease help. I live in Ca. and my brother lives in Ma. My mother and my stepdad live in Falmouth, Ma.


Asked on 6/01/12, 2:58 pm

1 Answer from Attorneys

You and your brother need to file a Petition for appointment of a Guardian and a Conservator for your mother. You can request it be your brother, or the court may appoint an independent person to be her guardian.

I have no doubt your step-father will intervene and seek to be appointed for her. This is an expensive undertaking.

Is your brother up to being her guardian and conservator? I mean does he have the time to do that job.

Also, does your mother have money or insurance to pay for nurses or a nursing home?

You need to keep contact with the nurses so they can be interviewed and can be used at a hearing if necessary.

How old is your step-father?

How is his health both physically and mentally?

His health and his faculties will be an issue as well if he fights the guardianship.

Please feel free to contact me next week.

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Answered on 6/01/12, 3:36 pm


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