Legal Question in Health Care Law in Rhode Island
Elderly Guardianship
Wife is stepniece to childless couple (ages 89 and 84). They lived independantly until 2 months ago. Finally located in a nursing home where they were place after he fell and broke a shoulder. Social worker was unable to find next of kin.
A lawyer has been representing them. A court date is upcoming. Lawyer wants wife to sign a paper stating we are in agreement for another lawyer to be assignned legal guardian. Is this in their best interest?
1 Answer from Attorneys
Re: Elderly Guardianship
It depends on several factors -- what does the elderly couple want? Did they leave any powers of attorney? Or were there any previous discussions about what role the stepniece should play once this happened? Are they competent? The answer depends on what the previous relationship the stepniece had with this elderly couple. Was it one of trust? If a lawyer is being temporarily appointed to investigate this, then it is appropriate.
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