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I have a friend that is 81 and her nephew put her into a assisted living. He is trying to say she is incapacitated and has filed for guardianship and conservator. she wants to live at home and they are trying everything they can to not let her. she has a lot of money and no other family that can help her. they first had her put into Clinton hospital in Ma and while she was there some lawyer came to her and said she would help her well this lawyer has done nothing at all to help her any info on someone that will fight for her rights and stop the nephew from being granted as her guardian would be very helpful. she is not incapacitated and is able to take care of her self . Please respond with any info. In MA. Thank you

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Kg, I wonder if your post was prompted by a distressed telephone call from your friend? Have you been able to visit her recently?
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Another question: What was she in the hospital for? Hospitals don't admit persons who have no symptoms, and they certainly don't keep people if they find nothing to treat. They like to get paid, and insurance frowns on unnecessary hospitalizations.

So, why was she in the hospital? Did she go from there directly to AL? I wonder if the hospital found that she was not capable of living alone and declined to discharge her to her home?

What do you know about the circumstances of her hospitalization?
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Her nephew cannot be appointed her guardian unless a court finds that your friend is incompetent to make her own decisions. They will certainly not take the nephew's word for that.

Since she has ample financial resources I suggest she hire an Elder Law attorney to represent her interests in any future court case.

Assisted living is fairly expensive. A relative who was only concerned about her money would more likely want her to stay home so the inheritance wouldn't be depleted. And also hope that she died sooner without getting any care. It is hard to see greed as a motive for wanting her to be in an expensive appropriate care center.

As for being a guardian/conservator, that involves keeping detailed records and reporting to the courts on a regular basis. It would be far more advantageous to someone wanting to appropriate funds to simply be a POA.

Please accept the POSSIBILITY that the nephew is truly trying to act in her best interest. He may be wrong about what is best for her, of course, but from kindly intentions.

What kind of services is the AL providing? Meals, of course. Stimulating optional activities and entertainment. Do they manage medications for her? Any assistance with activities of daily living, like using the bathroom? Grooming? Getting some exercise? Could she do all the things they help her with on her own?

What condition(s) has she been diagnosed with? Diabetes? COPD? Dementia? Knowing these things may help you understand the situation better.

Legally, the nephew cannot keep her in a care center unless he is her guardian. But before you help her leave, be sure you understand her true symptoms and capacity.

I admire your advocating for your friend! I hope a friend would do the same for me. Just make sure you are advocating in her best interests.
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KG for her to be found incapacitated will require opinions of two different doctors that agree. Call Adult Protective Services with your claim she is not incapacitated, they will send staff to do an evaluation to determine level, if any of incapacity.
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