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I'm my father's caregiver, his sister has guardianship. He owns the home, I've been living with him for over 7 years. She was granted guardianship last year.


His sister recently talked about getting cameras installed in the home. I don't want them installed as I feel like its an invasion of privacy.


From a legal standpoint, can the person with guardianship get cameras installed IN a home that she doesn't own, live in and rarely visits? Or does guardianship make her the home owner?

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When I had complete guardianship of my father with vascular dementia, I was allowed to act in place of my father, taking any actions he could have taken himself, including putting up any cameras my father would have been allowed to install in his living space. I could put up cameras in his bedroom and bathroom but there were restrictions on what I could do with the feed (in state law) - both how long I could retain the video and who I could allow to see it. If there is a question over what cameras can be installed or how they can be used, you can file a petition with the judge overseeing the guardianship to ask for clarification. In my county, I was allowed to call the judge's office and ask for a verbal clarification if I wasn't sure what the guardian could/should do; petitions were required for a hearing and a written statement.

I would think the custodial guardian could usually put up any camera in any common living area of the principal's home and many private areas, transmitting the video to an off-site location. We allow many video feeds today for security purposes and state laws will usually have the biggest limitations. Someone living in the home has some rights to areas they use exclusively, but please remember you do not have a _right_ to live in the home even if you have been living there for several years. If you become a problem to the principal's care or the guardian's administration you could be denied the opportunity to live in the principal's home or even visit there. The ownership of the property does not change with guardianship, but the decision-maker over the property usually does.
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schwester Jul 2021
You may not be correct in thinking the relative doesn't have a right to live in the home.
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1. Does she have a Power Of Attorney?
2. Can your father make desicions?
3. If you live there and are his caregiver, how come she is his legal guardian?
4. I'm beginning to think the cameras are to monitor everything including your moves.
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Sarah3 Jul 2021
I think it’s really strange the sister would have guardianship when she doesn’t even bother to visit except on rare occasion
i had the same question does the father need a guardian to begin with and if he does the daughter should automatically be the one to be that
this has the smell of control and money to me any relative who lives long distance but wants to have cameras and be the guardian yet rarely visits is concerned about more times than not getting hands on his money.
the daughter should seek legal counsel ASAP and if he needs a guardian she should have that sister removed clearly she doesn’t care about him if she rarely bothers to visit
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It sounds like your dad’s sister views you more as a renter or squatter in his home rather than a caregiver. As his legal guardian, it is her responsibility to ensure he is safe and receiving good care, and a judge would likely support cameras, especially in a private home. I went through a guardianship battle and the judge ordered cameras in the home so everyone could see what was going on with her care. His safety is the courts main concern. If he is the homeowner and she is his guardian I don’t think you have any rights except to move out or contest the guardianship. If your dad is reliant on you and you are heavily involved in his care this will be proven with the cameras and would allow you to contest the current Guardianship.
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Goodwill Jul 2021
Your right, in her eyes I may be a "renter", although I do 95% of the work.

If I had known I would have basically no say so about what goes on in the house, I would have never agreed to allow her to have guardianship as I wouldn't have showed up to the guardianship hearing that my siblings attended.
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No. As your father's official guardian his sister is responsible for his welfare and making sure he's safe and cared for.
This is already happening because you provide 24 hour care for him and the two of you live together.
Your aunt has no right to install cameras and to watch you. It is not her home. You are not her employee that she hired to be her brother's caregiver. She needs to be made aware of this. I don't see why she is your father's guardian when you are his daughter and his caregiver. That is a mistake and should be corrected as soon as possible.
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Geaton777 Jul 2021
BC, please read TNtechie's response to the OP. The OP needs to know what their state/county law says, not our feelings about how things "should" be. The courts saw fit to grant the sister guardianship, or maybe the OP couldn't financially afford to fight for it. Nonetheless, the OP is not his father's legal guardian, therefore cannot legally make decisions on his behalf. We only get one side of the story on this forum, we have no idea why guardianship was granted to the sister and not the son.
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Check your state for regulations but…
cameras generally can not be installed where you would expect privacy. So if you have a room the camera can not be installed there. In general cameras can not be installed in bathrooms.
In many states if audio is recorded all parties need to agree to recording of audio.
If you do not want cameras to record you and the Guardian insists on installing them give notice and leave.
I do hope you have been paid for all the years that you have been caregiver. AND room and board is NOT payment
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Why isn't the guardian caring for your father? If she wants to much control and video access -- seems she should be providing for his care.
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YOU should file to be your father's guardian. YOU are his closest next of kin -- not his sister. You live with him and care for him. If she is allowed to install cameras they can always be covered, removed or turned off. It IS an invasion of privacy.
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In your home you have the right to privacy as does your Dad.
The law is on your side on this one.
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His sister sounds like a real piece of work. Why does she have guardianship when you’ve lived w him for 7 yrs and are his caregiver and she rarely even visits? That doesn’t sound to me like she should be his guardian - she doesn’t really care about him if she rarely even visits
I would consult w several attorneys to find out bc I wouldn’t go along w her wanting to put cameras in a home you and him live in he is your father. Your considered closer than a sibling

Does he even need guardianship?

if so your by far his closest relative not her, she doesn’t show a sincere interest in him beyond having control. If he truly needs a guardian get an attorney and have her removed she’s shown no sincere interest in him as a person if she rarely visits and given your his daughter are much closer to him anyway plus your at an advantage having lived w him this long acting as his caregiver
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I think the bottom line here is that although the guardian may have a legal right to monitor their ward the OP has to decide whether they've had enough and are ready back away from this situation - that means give notice of the intent to move elsewhere and let someone else take over as caregiver - or whether they are willing to suck it up an take it. In my opinion this is the ultimate F U from the guardian, a clear proclamation that says "I don't trust you".
If it were me that would be a hard NO.
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Sarah3 Jul 2021
Yes, the guardian is ok w his daughter doing all the work but wants to be a big shot- the sister wants to be guardian, my answer wouod be you come here and take care of him then.
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