As my Mom's POA, can I request from NH the sign-ins from my brother who lives nearby? He's been neglecting her so I'm trying to move her in w/me.

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I've been trying to move my mother out of a nursing home in Nevada and back home with me in New York. She's there because my brother lives 5 minutes away...but he never shows up at the place. Once I told the NH I was moving her home, my brother decided to be cruel and petition the court for guardianship. I objected to the petition and petitioned as well and have a hearing. I'm mom's POA; do they have to give me the list of his sign-ins if I ask? I'm trying to show the court that he is absentee and not fit to be her guardian. He doesn't care if she's sitting in there by herself and being neglected.

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I visited my mother in her nh once a week, as did each of my 3 sisters. None of us ever signed in on any log. I don't think the absence of logged sign-ins would prove your case as well as the words of the staff, unless the facility had a very strict policy of everyone signing in.

You are contesting your brother's petition to be Mom's guardian. Do you wish to be her guardian? Is she incompetent? No guardian will be assigned unless she is not able to make decisions on her own behalf.

Bringing Mom closer to you, in a good nursing home you could visit often, seems a more practical solution than actually moving Mom into your house. Someone who need assisted living levels of care can often be assisted at home. Someone who needed skilled nursing levels of care is usually better served in a nursing home.
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I have visited 7 times this year...meaning that i've taken 7 trips that have last up to 21 days; in all of my visits, I've spent day and night at NH which adds up to a total of about 72 days/nights in this past year. I've gathered that my brother has visited quite infrequently by the testimony of several nursing home workers; CNA's, nurses, cleaning people, physical therapists etc. as well as other family members and even her roommate who is much more coherent and lucid then she is. I've heard things like," I heard she has a son but I've never seen him" one of these comments by a CNA who's worked there for three years. Also, as I've spent those days and nights there, neither he nor his children, Adults who live an eight minute walking distance from the nursing home, have shown their faces. So now that he's petitioning for guardianship (which I believe is to hurt me, knowing the bullying and intimidation I've grown up under) I would like to know exactly how many times he has shown up at the nursing home. And BTW, showing up once a month wasn't what we had agreed upon when we first decided to move her closer to him. He painted a picture of him showing up every day since he was so close by and spending time with her and communicating with me her daily feelings and thoughts and status. He stopped communicating with me, the moment I started asking him about what he had done with the money that has been set aside for her care.
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Gfitjr65, since you live out-of-state, I am just curious how do you know that your brother never visits his Mom? Is this something your Mom is telling you? If she has any type of memory issues, this is common to say so and so never visits, when in fact they are there daily or weekly.

Now, if he doesn't visit Mom, it could be a situation where if any family visits, it gets your Mom very upset due to the fact that her mind may not be understanding what is going on.... thus it take time for the Staff to get her back to her normal self. When was the last time you visit Mom in Nevada? How was she doing? Did she seem confused? When was the last time you sat in in a Staff meeting regarding your Mom? What were the Staff suggestions?

I just noticed that you want Mom to move in with you, as per the title.  Please, please note that if a person is in a nursing home, that means they need a higher level of care then what can be given at home.  Unless you plan to hire around the clock professional caregivers for Mom.
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Courts seldom will grant guardianship to someone other than the POA. It is not your brother's job to visit mom. Do you check in with NH regularly? I would think you could ask NH how often bro visits and ask them to document it for you. Are you certain be never visits? If he does NH may testify on your bro's behalf.
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