My mother is in a nursing home she was appopinted a guardian. However, my husband and I have made the decision for her to live with us but we now were told we have to get a lawyer. What do we need to do at this point? and if I'm her daughter do I have to take the Article 81 guardianship course to be her legal guardian again?
1 Answer from Attorneys
I'm sorry to hear your mom is in a nursing home.
Yes, that's right. If someone else was appointed guardian then that's the way it is. Was Mental Hygiene Legal Services appointed guardian, or one of your brothers or sisters? Family is always preferred as guardian, so I'm a little confused as to why you weren't appointed in the first place. While technically you don't need a lawyer, practically speaking it would be nearly impossible for you to get appointed at this point without hiring a lawyer to file the papers and get it done. Taking the Article 81 course is an easy part of the process.
Good luck.
Rick Bryan
New York, NY
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