Legal Question in Family Law in Massachusetts
Mother in ICU, pending divorce-Step Father Causing serious dangerous situation
My mother is in the ICU, she filed for a divorce 2 yrs ago from her husband, how can we as her children become her voice? he moved out of their home 2 yrs ago, he has disconnected her home phone number, her grandson lives there and has been her primary care person, he stalks the home at all hours and is tormenting our entire family, and wants to see my mother dead, is clearly upset that she has made improvements with her existing condition. My mother is on a respirator, after he visits her in the hospital she is worse off- per the nurse's. PLease help. He has disconnected her phone also.
Thank you,
Elizabeth
1 Answer from Attorneys
Re: Mother in ICU, pending divorce-Step Father Causing serious dangerous situati
These problems require immediate attention by a lawyer, not self-help ideas on the internet. If she has an attorney for the divorce, s/he ought to move the case forward if it has not been dismissed for want of action.
If mother is competent, she can sign a [durable] power of attorney designating you or some other child as attorney in fact to deal with some of these issues. She can also sign a [probably new] health care proxy and the new health care agent can, if mother agrees, limit husband's visits.
Mother can designate one or more of her children to be legal guardian, which is more authority than a power of attorney, but requires filing a petition in court and a hearing, and stepfather could oppose it.
If mother is not competent, then guardianship is definitely indicated.
I would have to visit your mother in the ICU to determine what course(s) of action to follow.
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