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1sister2 Asked July 2012

I want mother with me but my sister refuses. Can she put m mother in a nursing home without my consent?

My Sister has supervised guardianship of my Mother with Dementia. I have POA and Conservatorship because of My Sisters gross misuse of fund s. I want Mother with me but My sister refuses. Can she put Mother in NH without my Consent.

jeannegibbs Jul 2012
It sounds like your sister only has authority as long as Mother is in her house. When that ceases, it doesn't sound like Sister has authority to make further decisions for Mother.

I don't see how she can place Mother anywhere, when she has no control of the funds. Any care center is going to want to know how they will be paid. You have control of that and without your agreement to pay, I don't see how they would admit her.

I hope you can make decisions about what is best for Mother (and for you) without regard to your sister's attitudes. Taking Mother into your home is a huge step. If it is what is right for her and for you and you feel you can do a good job caring for her there, go for it! Perhaps placement is the best option if she has to be moved at this point. If so, I'm sure you will find the most suitable option and continue to love, care for, and advocate for you Mother.

I am pretty clueless about the legalities here, but I would GUESS that if your sister does not intend to continue fulfilling her role t supervise Mother's health care in her home, the court that assigned that responsibility needs to be notified so that new arrangements can be made.

Please let us know how this works out. We learn from each other.

1sister2 Jul 2012
Court appointed Guardian to supervise Mothers health care at Sister's house. My Conservatorship granted because of Sister's gross misuse of funds. I control all monies now. We live in different states. Sister has threaten to put Mom in NH since she no longer control money.

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sharynmarie Jul 2012
If I were you I would scheduled a consultation visit with an elder law attorney. What is the difference between a supervised guardianship and a conservatorship? What I understand about a conservatorship is that it gives you the power to make decisions for your mother's physical needs including placing her in a NH. Is the guardianship set up the same and is it still valid since you have POA and a conservatorship? I ask these questions to better understand just what authority you and your sister have. Do you both live in the same state and who is currently caregiving for your mother on a daily basis?

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