Legal Question in Elder Law in New Jersey
Mother needs 24 hour care
My mother is in the late stages of dementia and needs 24 hour care. My 57 year old sister and her 18 year old son have lived with her for 15 years. My sister goes to work every day and claims my nephew takes care of her during the day, which I find hard to believe. He doesn't work, dropped out of school at 16, and my observation is that he sleeps until 3 o'clock. I am getting resistance from my sister regarding putting my mother in a nursing home since my sister would prefer my mother's house be given to her through a deed transferral. What do I have to do to get my mother in a nursing home and use her house as collateral as well as get my sister and nephew out of the house? I'm concerned that my sister will try to keep me from my mother once I do anything.
3 Answers from Attorneys
Re: Mother needs 24 hour care
If your mother needs a guardian to take care of her (and it sounds like she is mentally incompetent, in 'the late stages of dementia"), you can ask the Court to appoint someone.
You can apply to the court to become her guardian. The guardian's job is to do what is best for your mother.
Call if you like; I never charge for a first phone call.
You can then decide how you would like to proceed.
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Re: Mother needs 24 hour care
It sounds like your mother needs a Guardian appointed to manage herself and her affairs. If you are interested in filing an application to be appointed her Guardian please feel free to contact me at your convenience or go to my website to get more information on Guardianships in general. www.hoylelaw.com
Re: Mother needs 24 hour care
You will need to apply as a guardian and give reasons as to why you would be a better guardian than your sister.
Did your mother ever sign a durable power of attorney prior to her condition? This is a document giving someone authority to act on her behalf before she became unable to manage her affairs. Often this is done when a Will is made.
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