Legal Question in Family Law in Massachusetts

Brother is placed in nursing home

Hello,

My brother has been placed in a nursing home by his spouse. He is most likely unable to answer for himself. Can my sister in-law restrict my parents and myself from visiting my brother? If so, how could I fight this?


Asked on 3/16/08, 9:12 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Brother is placed in nursing home

The scope of her ability rests on her legal position as a spouse. Even this is not unqualified.

What you do not say is what you mean that your brother is unable to answer for himself?

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Answered on 3/16/08, 11:30 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Brother is placed in nursing home

As his spouse, her rights are fairly broad. If she has a power-of-attorney, or has been made her husband's guardian, they are probably close to absolute. You would have to go to the Probate Court to seek to limit them, or obtain visitation. If she has not been made his guardian, and you believe that someone else should be the guardian, you can seek to be given that role. However, the court is likely to favor a spouse, absent proof of abuse or severe financial mismanagement.

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Answered on 3/17/08, 3:23 pm


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