Legal Question in Elder Law in Massachusetts

Re: Rights

The answers to your questions depend on the specific circumstances of the case. Is this woman incompetent to make her own personal, medical and financial decisions? Has this been medically shown by a medical certificate signed by a doctor? Is this woman in danger in her current situation? A judge will have to evaluate these questions. If this is a situation where the elder believes that she is competent and is fine where she is, but the family disagrees, there will likely be a contested guardianship petition.

I recommend that you speak with an attorney who is experienced in these situations. This office has handled many guardianships for elders. Please let me know if I can assist you.

Re: Rights

More informaiton is required to give a good answer. However, the issue is not alzheimers or dementia, it is can the person handle his/her affairs or is need of a guardian and the elder has the right to representation in such proceedings, which may include an appointment of a guardian ad litem to protect the elder's interest.

The person petitioning the court for a guardianship has to have medical testimomy that the person is in need of a guardian and that the appropriate situation is to put them in a care facility.