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Ely, Counselor at Law
Category: Family Law
Positive Feedback: 99.2 %
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I Take care of my disabled elderly mother who is also incontinent.Their

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I Take care of my disabled elderly mother who is also incontinent.Their are 2 sisters and 2 brothers beside myself ,I have Power of attorney,the other siblings offer no help in any shape or form, but do demand to see my mother for a few hours at a time ,they come and take her to lunch usually,Every time they bring her back she is soiled,and this has caused so much friction at this point no one is getting along,every time one of the siblings dont get there demands met, threat of going to court.what rights do i have in this matter?

Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am very sorry for your situation. It must be hard to take care of your mother to begin with, and not having to deal with the others dropping the ball all the time. Can you please tell me - is your mother cognizant right now? In other words, does she have all her mental faculties?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer: replied 11 months ago.

YES

Expert:  Ely replied 11 months ago.

Thank you, George. We're almost there. Do you aim to (1) cut off their contact from her unless they properly take care of her, or (2) something else?

In other words, what are you trying to achieve?

Customer: replied 11 months ago.

cut off the contact unless proper care is taken ,also stop the threats of legal action once and for all

Expert:  Ely replied 11 months ago.

Thank you George, and I appreciate your patience while I gathered the necessary information. You have two options here.

1. The simple option - Power of Attorney. You can have her sign a power of attorney that would allow you to make decision on her behalf. That way, even if she does not have the strength to say "no" to a visit, you can on her behalf as her agent, and it would be binding. You can restrict visitation, make requisites, etc. See power of attorney HERE.

2) If your mother is resistant to such a Power of Attorney but you feel that it is in her best interest, you can file for what is known as "adult guardianship." Adult guardianship is ordered by the Court if an adult cannot take care of themselves or are being taken advantage of and do not have the physical/mental faculties to stop it. If the Court agrees, then the Judge will adjudicate you as the Guardian, and her as your ward. You can make decision on her behalf, override any decisions she makes herself, get her the help she needs, and possibly stop the damage that your siblings are doing. The bad part is that you have to prove this to the Court. See below:

http://www.flcourts18.org/PDF/gurardianship_rev1-07.pdf

The petition can be found on sites like uslegalforms.com, or by using an attorney.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.

Ely, Counselor at Law
Category: Family Law
Positive Feedback: 99.2 %
Satisfied Customers: 80024
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 16 other Family Law Specialists are ready to help you

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