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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My niece had guardianship over my father who is in a nursing

Customer Question

My niece had guardianship over my father who is in a nursing home. I am allowed to visit him and until recently allowed to pick him up and take him out for a while. Now she states that I can't pick him up but other family members are allowed to do so. I have not done anything wrong. Always return him on time. The care givers can vouch for me that I don't mistreat him. My niece won't give me a reason, only that she can. By the way, she is an RN.
Submitted: 10 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am very sorry to hear of this situation. Unfortunately, as guardian of the person - your niece has the legal authority to make this decision.

You can challenge her decision by filing a petition with the court (a motion) asking the court to grant you leave to take your father out of the nursing home.

But short of doing this, I would suggest that you look into mediation - a good mediator should be able to help you reach a mutually agreeable resolution here without having to go through the time and emotional toll of a court petition just to take your father out for a few hours regularly.

You can find mediators by contacting your local bar association and asking for referrals - these can be experienced attorneys, retired judges, or professional mediators (non-attorneys). For your situation and matter, it probably would not require a legal professional to assist you in resolving this dispute, you really just need an experienced mediator who can help the two of you work through whatever issues it is that is currently causing the problem and blocking you from taking your father out.

If the mediation fails, then you can file your motion with the probate court.

Customer: replied 10 months ago.
Thank you for your response. Finding a mediator was what I planned to do but I wanted someone with experience to confirm that this should be where I start. Thank you for your assistance.
Expert:  CalAttorney2 replied 10 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "ForCustomerquot; and a moderator will notify me.

Thank you again, and again I wish you the best.


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