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Anthony, Family Law Attorney
Category: Family Law
Satisfied Customers: 146
Experience:  14 years practicing Family Law in Northern and Southern California. Former Child Support Attorney.
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Hello, Question - I need obtain a court order to establish

Customer Question


Question - I need obtain a court order to establish visitation rights to see my 82 year old, wheel chair bound mother

Back in 2006, my niece, along with her mother (my oldest sister), drove my 82 year old, wheel chair bound mother from my youngest sister house in Maryland, to her house on Broadway and 152nd Street in Manhattan, NY.

At the same time, my niece claims she is the legal guardian of my mother. That may or may not be true.

So basically, the problem is I haven't been able to visit or talk to my mom much since 2006. We all tried to reason with my niece and tried to convince her that my mom loves being visited by all the relatives because she is very social and is a people loving person. They are keeping my mom socially isolated from the rest of the relatives because they don't want anyone to interfere with the way they are controlling my mom's actions and don't want anyone to find out exactly what they are doing concerning my mom that might be illegal.
Submitted: 6 years ago.
Category: Family Law
Expert:  Anthony replied 6 years ago.
First, you should see if a Conservatorship was granted. Do you sister and niece really have conservatorship over you mother?

Is there any chance of financial abuse? DA's take elder abuse very seriously.

If ther is no conservatorship, you may want to file a conservatorship yourself.
Customer: replied 6 years ago.
What is a conservatorship?
Expert:  Anthony replied 6 years ago.
It is like a guardianship, but with an adult. It is when a person has control over another adult because that person cannot take care of themselves.
Customer: replied 6 years ago.
My niece cliams that she is my mom's legal guardian, but according to my brother she might not be telling the truth. So I'm not 100% sure.
Expert:  Anthony replied 6 years ago.
You should check the county court files to see if a conservatorship was filed. If not, a conservatorship is what you would need to file.
Customer: replied 6 years ago.
Another question. - Let's say a conservatorship was filed. What should I do?
If a conservatorship was not filed and I filled it out. What will that do for me?
Expert:  Anthony replied 6 years ago.
A conservatorship would give you the right to take care of your mother and make sure that her health and welfare is being well-taken care of. I'm not sure if you can request visitation in a conservatorship, but it is certainly affecting your mother's health and welfare, so it is worth requesting.
Customer: replied 6 years ago.
Exactly how would I go about obtaining a conservatorship?
And if my niece already have a conservatorship, what would you recommend doing to get visitation rights?

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