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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12459
Experience:  Attorney experienced in all aspects of family law
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My grandfather remarried about 10 years ago. His new wife has

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My grandfather remarried about 10 years ago. His new wife has never been friendly to his kids and grandkids, insisting that her kids and grand kids are his family now. It has been tense.
One year ago, my grandfather was diagnosed with dementia and she suddenly was inviting his side of the family over and 'secretly' confiding in then that she wasn't sure she could take care of him. There was nothing to take care of. He was fine, a bit forgetful but not a danger to himself of her in anyway.
Three days ago, my grandfather had a mild stroke. He is doing really well, heart is good, he is a bit more confused since the stroke but again, not a danger to himself or her. She has spent as little time as possible at the hospital, telling his kids and grand kids that she has a life, things she needs to do, and she can't take care of him. When the doctors announced he was going to be released tomorrow, instead of celebrating his good health she immediately began complaining that she couldn't stay with him or take care of him.
Now, this evening, she returned to the hospital saying she had the paperwork started and he was going to stay in the hospital two more days and then be transferred to a Elder care facility.
Is there anything we can do to stop this?? He was going to be released! I understand she has a life and doesn't want to be with him but this is just not right!

Brandon M. :

Hello there.

Customer:

Hello

Brandon M. :

Good evening. Thank you for your question.

Customer:

I am hoping you have an answer :)

Brandon M. :

Are you familiar with adult guardianships?

Customer:

I am not

Brandon M. :

They are basically like guardianships for children. A court appointed guardian has the power to make legal decisions for the adult ward, such as where the ward is to be placed, i.e. in an elder care facility versus in a home. A guardianship can be awarded when the adult is unable to make their own legal decisions. You typically see them for adults when an elder person suffers from something like age-induced dementia or alzheimers (forgive my spelling), or when you have an adult with a developmental disability.

Brandon M. :

Does that sound like something that might be right for your situation? A guardian has responsibilities to care for the ward, but it sounds like that is something you are interested in doing.

Customer:

I would take care of him, but how do I go around his wife? Doesn't she have legal rights that supersede mine?

Customer:

If he is of sound mind, can't he just get up tomorrow and go home?

Brandon M. :

Those are good questions. First, a spouse does not have superior rights to an adult child in guardianship matters. Technically, a guardian does not even have to be a family member at all (although, family is preferred by the court, it is not a requirement). Any family member can contest the appointment of a guardian, but the courts will make the award based on the needs of the proposed ward.

If he is of sound mind, and if no adult guardianship is in place yes, anyone in an elder facility can just get up tomorrow and go home. His wife can't keep him in a facility any more than your spouse can keep you in a facility.

Customer:

Whew. Ok. How do I go about getting guardianship if it is needed?

Brandon M. :

Well, they are awarded through the court's probate division. Obviously, I would recommend consulting with an attorney and using an attorney before undertaking any legal action, especially if you expect to be contested. That said, my inclination is actually to provide you with the court's Guardianship Handbook for general information, and invite you to ask if you have any specific questions. The handbook can be found online through the following link: http://www.nd.gov/dhs/info/pubs/docs/aging/guardianship-handbook-12-18-08.pdf

Customer:

Ok. That's what I needed to know.

Customer:

Can I get an email of this chat somehow?

Brandon M. :

Yes, you can get a copy in one of three ways. You can email our customer service at info @ justanswer dot com. You can save the web address: http://www.justanswer.com/family-law/7vhy1-grandfather-remarried-10-years-ago-new-wife.html

Customer:

So I can discuss it with other members of the family?

Brandon M. :

Or you can highlight it with your right mouse key, then copy and paste into a word document.

Brandon M. :

It's up to you whom you wish to discuss the matter with.

Customer:

LOL. I just did the copy paste as I was waiting for your response. Thank you.

Brandon M. :

Certainly. Did you have any other question?

Customer:

Not now. Unfortunately I will probably have more hours from now when I am talking to family.

Customer:

Is there any other advice you can think to give about the situation?

Brandon M. :

No problem, but I hope that I have been able to answer your questions in a helpful way.

Customer:

You have. Thank you

Brandon M. :

Other advice...

Brandon M. :

Well, the thing with dementia is that it can vary in severity. Having dementia, by itself, does not mean that a person is unable to help themselves.

Brandon M. :

Sorry, I saw that you tried to leave a rating. You should be able to do so in a moment.

Customer:

No worries :)\

Brandon M. :

I just wanted to make sure that we finished the conversation.

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